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Minutes-PC 2010/02/17City of Anaheim Planning Commission Minutes Wednesday,February 17, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Panky Romero Peter Agarwal, Kelly Buffa,Stephen Faessel, Joseph Karaki,Victoria Ramirez Commissioners Absent :Todd Ament Staff Present : CJ Amstrup, Planning Services ManagerMichele Irwin, Senior Police Services Representative Jonathan Borrego,Principal PlannerRaul Garcia,Principal CivilEngineer Mark Gordon, Assistant City AttorneyDavid Kennedy, Associate Transportation Planner David See, Senior PlannerGrace Medina, Senior Secretary Vanessa Norwood, Associate Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m. onThursday,February 11, 2009, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published:Anaheim Bulletin Newspaper onThursday, February 4,2010 Call to Order-3:30 p.m. Audience Attendance: 7 Pledge of AllegiancebyCommissioner Buffa Public Comments Consent Calendar Public Hearing Items Adjournment FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda -3:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutes (Faessel/Buffa) Receiving and approving the Minutes from the Planning Approved Commission Meeting of February 1, 2010. VOTE: 6-0 Commissioners Agarwal, Buffa, Faessel, Karakiand Ramirez voted yes.Chairman Romero abstained. Commissioner Ament was absent. 02/17/10 Page 2of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 PUBLIC CONVENIENCE OR NECESSITY NO. 2006-00030AResolution No. 2010-004 (DEV2009-00100 (Buffa) Owner:Failed to pass Carole Helmin Target Corporation VOTE: 3-3 1000 Nicolett Mall, TPN-0910 Minneapolis, MN 55403Chairman Romero and Commissioners Agarwal, and Applicant: Beth AboulafiaKarakivoted no. Hinman & Carmichael,LLPCommissioners Buffa, Faessel 260 California Street, Suite 1001and Ramirez voted yes. San Francisco, CA94111Commissioner Ament was absent. Location:8148 East Santa Ana Canyon Road Thisitem was then reopened for additional discussion. The applicant requests a Determination of Public Convenience orNecessity to upgrade an existing ABC beer Motion to recommendCity and wine license to distilled spirits (for off-premises Council Review consumption) within an existing Target retail store. (Karaki/Agarwal) Environmental Determination: The proposed action is VOTE: 4-2 Categorically Exempt from the requirement to prepare additional environmental documentation per California Chairman Romero and Environmental Quality Act (CEQA) Guidelines -Class 1 Commissioners Agarwal, (Existing Facilities).Karakiand Ramirez voted yes. Commissioners Buffa and Faessel voted no. Commissioner Ament was absent. Project Planner: David See dsee@anaheim.net Dave See, Senior Planner, provided a summary of the staff report dated February 17, 2010, along with a visual presentation. Commissioner Agarwal referred to the applicant’s Type 20 license and asked if it could be transferred outside of the census tract. Mr. See responded it can be sold anywhere within the County; if it is sold within the same census tract then the new location would be evaluated by staffand could be subject to the Conditional Use Permit or Public Convenience or Necessary process. 02/17/10 Page 3of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES Commissioner Agarwal asked if the license is transferred in thesame census tract what would prevent anybody from denying it. Mr. See responded the sale of the license is a private transaction; however, City approval is still needed for the transfer and City staff would evaluate it and the item would be subject to review and approval by Planning Commission through a conditional use permit and/or public convenience or necessity process. Commissioner Agarwal asked if it was conceivable that the license end up in the same census tract. Mr. See stated that it was possible. Commissioner Agarwal asked how the area changed from a high crime area to a non-high crime area since 2007. Michele Irwin, Senior Police Services Representative, responded the Police Department can generate different types of reports based on the amount of crime and/or calls for service, and it appears that the crime has decreased in the census tractsince the last report was run in 2007. Commissioner Agarwal asked if the number of households in the area had changes since 2007. Ms. Irwin respondedthat such information was not readily available. Commissioner Karaki expressed his concerns about stores such as Target obtaining a full liquor license. He stated he understands that theCommission approved a Type 20 license (off-sale for beer and wine) for the subject site but now they are proposing to sell hard liquor in a family type storethat sells other items such as clothing. He asked if this would provide more opportunities for similar requests. Jonathan Borrego, Principal Planner, responded the subject application is being pursued in conjunction with a significant expansion of the grocery portion ofthe store and perhaps thismay be triggering their desire to expand the type of merchandise being sold. Commissioner Karaki reiterated his concerns regarding a full liquor license at an establishment such as a Target store, a non-food market store. He asked if there is any limit as to where we allow liquor sales. Mr. Borrego responded he doesn’t believe there is any established limit as a matter of policy in the City. Commissioner Karaki stated he understands that supermarkets typicallyhave full liquor licenses but he has a concern for establishments that want to have a full liquor license when they sell less than 10% of merchandise related to food. Commissioner Faessel referred to the Target store located on Euclid and Lincoln Avenue, and asked if they sell liquor and if so what type of license do they have. 02/17/10 Page 4of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES Ms. Irwin responded yes, but is unaware of which type of license. Commissioner Karaki stated they have a Type 20 license (beer and wine). Commissioner Ramirez referred to the transferring/selling of a license and asked for clarification regarding theAlcoholic Beverage Control (ABC) process. Mr. See responded that ABC would contact the City in the case of a transfer within the City of Anaheim, and they would not issue a license until the City gives approval. If the license is transferred outside of the City of Anaheim, then we would not receive a notification. Commissioner Ramirez stated that 3 calls for police service during the past year seemed high and asked if this is the case. Ms. Irwin responded that 3 calls is considered low for this type of store. Chairman Romero called on the applicant. Beth Aboulafia, applicant, stated the request is being made at this time because they are planning to remodel and significantly expand the market section later this year. Once the remodel is completed, the market section will take the entire east side of the Target building and will include a full range of grocery products, including fresh vegetables and produce, fresh meat and fresh bakery items. Therefore, the subject request is in conjunction with the expanded grocery selection and Target would like to offer its customers a full range of alcoholic beverage products. She explained that if the Type 21 license is approved for the Target store that they would surrender the Type 20 beer and wine license which would go into inactive status and they can sell the license to someone else who wants to open up a beer and wine establishment. She further explained the ABC process for transferring, applying,and purchasing a liquor license. She also stated that the license most likely would be sold to a business that operates in a city with a moratorium on new licenses, not in Anaheim. She asked for approval of the subject request as recommended by the Police and Planning departments. Commissioner Faessel asked the applicant what the total square footage would be for the new grocery area. Ms. Aboulafia responded she is unaware at this time but that they have submitted a floor plan with the application. Commissioner Faessel responded he was trying to determine what part of the total building would have alcohol and that it looked like a substantialpart of the buildingwould be dedicated to grocery sales. Ms. Aboulafia referred to the plans and illustrated the area for the Commission. She then asked the store manager, Mr. Nellor, to come forward to answer any questions by the Commission. Jeffrey Nellor, 1446 Irish GroveCircle, Corona, applicant, stated he has managed the subject Target store for four years. Commissioner Agarwal asked Mr. Nellor if he has managed a Target store with a Type 21 License. 02/17/10 Page 5of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES Mr. Nellor respondedthat he had. He was present before the Planning Commission in 2007 for the previous request for the subject site. Commissioner Agarwal referred to a Type 21 and Type 20 license and asked Mr. Nellor if he has experienced an increase in crimes with the different type licenses. Mr. Nellor responded he is unaware because this type of request is new for Target stores, but he did not anticipate any crime-related issues. He also indicated that the security camera system will be upgraded in conjunction with the pending store remodel. Commissioner Karaki asked Mr. Nellor if the store remodel would proceed without a full liquor license. Mr. Nellor responded that it would still proceed. Chairman Romero asked if anyone else was present to speak on the item; seeing noadditional speakers, he closed the public hearing. Commissioner Karaki expressed his reasons for not supporting subject request, including the fact that full liquor was already available at two nearby grocery stores and that such merchandise was not appropriate for a department store. Commissioner Buffa offered a recommendation that the Planning Commission adopt the resolution attached to the February 17, 2010 staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentationfor this request and approving Public Convenience or Necessity No. 2006-00030A (DEV2009-00100). The resolution failed to carry due to a tie vote (Chairman Romero, Commissioners Agarwal and Karaki voted no; Commissioners Buffa, Faessel and Ramirez voted yes. Commissioner Ament was absent.) Mr. Gordon explained that the Commission could either continue to discuss the matter and take another vote or trail the matter to the next Commission meeting for consideration by the full Commission. Commissioner Buffa suggested that the matter be opened for further discussion in hopes of resolving the matter today. Chairman Romero reopened the item for additional discussion. Chairman Romero stated that his reason for voting against the request was due to the fact that Target caters to families and that persons can purchase full liquor at other nearby businesses. Commissioner Buffa stated that grocery stores are also full of children and did not see a distinction between selling alcohol in a grocery store versus selling it at Target. She alsostated that she felt it was inappropriate for the City to dictate what merchandise Target was able to carry. She felt that liquor sales in a grocery store or in a Target would not negatively affect families. 02/17/10 Page 6of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES Commissioner Ramirez stated that she supports the request because the store is expanding its grocery sales and as a matter of convenience shoppers should be able to purchase liquor with their groceries in order to avoid having to make a second trip to another store. Commissioner Karaki stated that he was not trying to determine what Target should or should not be able to sell, but simply felt that alcohol sales should be limited to grocery stores, not stores which carry general merchandise. Commissioner Faessel stated that he concurred with Commissioner Buffa and that a significant amount of area would be dedicated to the sale of groceries. He also stated that the nearby Costco also sold general merchandise and had a sizeable liquor selection. Commissioner Agarwal reiterated that he was not supportive of the request. Mr. Gordon reiterated that, absent an approved motion referring this matter to City Council, the item would appear on the next Commission agenda for additional consideration. He also stated that this matter could be resolved at the Commission level should the item be deferred to the next meeting when presumably all seven Commissioners would be present. Commissioner Karaki offered a motion to recommend City Council review of the subject matter. Commissioner Agarwal seconded the motion. MOTION CARRIED.(Chairman Romero and Commissioners Agarwal, Karaki and Ramirez voted yes. Commissioners Buffa and Faessel voted no. Commissioner Ament was absent.) OPPOSITION: None DISCUSSION TIME :43minutes(3:32to 4:15) 02/17/10 Page 7of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 TENTATIVE PARCEL MAP NO. 2009-139Resolution No. 2010-005 (DEV2009-00095) (Agarwal) Owner: Richard Cramer Approved CMJ Remarc, LP 24800 Chrisanta Drive, Suite 130 Mission Viejo, CA92691 VOTE: 6-0 Applicant: Stephen HayesChairman Romero and Hayes SurveyingCommissioners Agarwal, Buffa, 12 SembradoFaessel, Karaki and Ramirez Rancho Santa Margarita, CA92688voted yes. Commissioner Ament was absent. Location:1155 and 1199 North Euclid Street The applicant proposes to subdivide one parcel into two parcels for an existing commercial center. Environmental Determination: The proposed action is Project Planner: Vanessa Norwood Categorically Exempt from the requirement to prepare vnorwood@anaheim.net additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines -Class 15 (Minor Land Divisions). Vanessa Norwood, Associate Planner, provided a summary of the staff report dated February 17, 2010,along with a visual presentation. Stephen Hayes, applicant, stated he read the report and is in agreement. The purpose of the parcel map is to create two parcels that can be sold independently. Currently, there are two restaurants which cannot be sold withoutcreating two separate parcels. Commissioner Karaki asked the applicant if he is planning to develop after the subdivision or just sell them as they are. Mr. Hayes responded that there is no development plan and his interest is to sell them as they are. Chairman Romeroopened the public hearing, and asked if anyone was present to speak on the item. Esther Woo, 10 Shenandoah, Irvine,stated she is the owner of an adjacent third parcel adjacent and asked for confirmation that all existing easements and agreements would remain intact. Ms. Norwood responded all that existing agreements would remain intactfor all three parcels. Commissioner Agarwaloffered a recommendation that the Planning Commission adopt the resolution attached to the February 17, 2010staff report, determining that a Class 15 Categorical Exemption is 02/17/10 Page 8of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES the appropriate environmental documentation for this request and approvingTentative Parcel Map No. 2009-139 (DEV2009-00095). Grace Medina, Senior Secretary announced that the resolutionpassedwith six yes votes.Chairman Romero and Commissioners Agarwal, Buffa, Faessel,Karakiand Ramirezvoted yes. Commissioner Amentwas absent. IN GENERAL: Onepersonasked for clarification regardingthe maintenance ofexisting property easements. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Monday,March 1, 2010. DISCUSSION TIME :6minutes (4:15to 4:21) 02/17/10 Page 9of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2009-05472Resolution No. 2010-006 VARIANCE NO. 2010-04805(DELETED) (Faessel) (DEV2009-00101) Owner:Approved Nathaniel Williams Anaheim West Plaza, LLC 3029 Wilshire Blvd. VOTE: 6-0 Santa Monica, CA 90403 Chairman Romero and Applicant: Tami SchmittCommissioners Agarwal, Buffa, Anaheim West PlazaFaessel, Karaki and Ramirez 3029 Wilshire Blvd.,Suite 202voted yes. Commissioner Ament Santa Monica, CA 90403was absent. Location:3150 West Lincoln Avenue The applicant proposes a 6,252 square foot karate studio in Project Planner: Vanessa Norwood a shopping center with fewer parking spaces than required vnorwood@anaheim.net by code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines -Class 1 (Existing Facilities). Vanessa Norwood, Associate Planner, provided a summary of the staff report dated February 17, 2010,along with a visual presentation. Annalynn Catalasan,3150 W. Lincoln Avenue, Suite 160, Anaheim, applicant, statedshe read the staff report and is in agreement. She expressed that they would like to expandto the full 6,252 square feet andthat she was interested in this location because of the schools in the area. She further stated that she wanted to give the youth something positive to do after school and that they also have a homework area in the facility. Commissioner Karaki asked for the ages of the participants. Ms. Catalasanresponded she has participants that are from 4-50 years old. Chairman Romeroopened the public hearing,seeing no other personsindicating to speak, closed the public hearing. Commissioner Faesseloffered arecommendation that the Planning Commission adopt the resolution attached to the February 17, 2010staff report, determining that a Class 1 Categorical Exemption is 02/17/10 Page 10of 11 FEBRUARY 17, 2010 PLANNING COMMISSION MINUTES the appropriate environmental documentation for this request and approvingConditional UsePermit No. 2009-05472 (DEV2009-00101). Grace Medina, Senior Secretary announced that the resolutionpassedwith six yes votes.Chairman Romero and Commissioners Agarwal, Buffa, Faessel,Karakiand Ramirezvoted yes. Commissioner Amentwas absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Monday,March 1, 2010. DISCUSSION TIME :5minutes (4:21to 4:26) MEETING ADJOURNED AT 4:32P.M. TO MONDAY, MARCH 1, 2010AT 3:30P.M. Respectfully submitted, Grace Medina Senior Secretary Received and approved by the Planning Commission on March 1, 2010. 02/17/10 Page 11of 11