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Minutes-PC 2010/04/12City of Anaheim Planning Commission Minutes Monday,April 12, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Panky Romero Peter Agarwal, Todd Ament, Kelly Buffa, Stephen Faessel,Joseph Karaki,Victoria Ramirez Commissioners Absent :None 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 Della Herrick, Associate PlannerGrace Medina, Senior Secretary Vanessa Norwood, Associate PlannerEleanorMorris, Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m. onWednesday,April 7, 2010, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published:Anaheim Bulletin Newspaper onThursday, April 1,2010 Call to Order-3:30 p.m. Audience Attendance: 7 Pledge of AllegiancebyCommissioner Karaki Public Comments Consent Calendar Public Hearing Items Adjournment APRIL 12, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda -3:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutes (Faessel/Karaki) Receiving and approving the Minutes from the Planning Approved Commission Meeting ofMarch 15, 2010. These minutes have been provided to the Planning Commission and are VOTE: 7-0 available for review at the Planning Department. Chairman Romero and Continued from the March 29, 2010 Planning Commission Commissioners Agarwal, Ament, Meeting.Buffa, Faessel, Karakiand Ramirez voted yes. ITEM NO. 1BMotionto approve minutes (Buffa/Ament) Receiving and approving the Minutes from thePlanning Approved Commission Meeting ofMarch 29, 2010. These minutes have been provided to the Planning Commission and are VOTE: 6-0 available for review at the Planning Department. Chairman Romero and Commissioners Agarwal, Ament, Buffa, Faessel and Ramirez voted yes.Commissioner Karaki abstained. 04/12/10 Page 2of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2009-05411Resolution No. 2010-020 (DEV2009-00005) (Faessel) Owner: Chris Daglas Approved D & F Center 15924 Aurora Crest Drive Whittier, CA 90605 VOTE: 7-0 Applicant: John PerezChairman Romero and Car Stereo ConnectionCommissioners Agarwal, Ament, 100 South Brookhurst Street, Suites G & HBuffa, Faessel, Karakiand Anaheim, CA 92804Ramirez voted yes. Location:100 South Brookhurst Street,Units G & H The applicant proposes to permit and retain a car stereo Project Planner: Della Herrick sales business with installation of stereo parts in an existing dherrick@anaheim.net commercial center. 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). Della Herrick, Associate Planner, provided a summary of the staff report dated April 12, 2009 along with a visual presentation. Chairman Romeroopened the public hearing. John Perez,the applicant, stated hehad reviewed the conditions of approval andwas in agreement with the staff report. Chairman Romero, seeing no one indicating to speak, closed the public hearing. Commissioner Faesseloffered a recommendation that the Planning Commission adopt the resolution attached to the April 12, 2009 staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2009-05411. Elly Morris,Secretary announced that the resolution passedwith 7 yesvotes. Chairman Romero and Commissioners Agarwal, Ament, Buffa, Faessel, Karaki and Ramirez voted yes. 04/12/10 Page 3of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, April 22, 2010. DISCUSSION TIME :3minutes (3:33to 3:36) 04/12/10 Page 4of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 CONDITIONAL USE PERMITNO. 2009-05412Resolution No. 2010-021 (DEV2010-00041) (Ament) Owner: Dong San Kim Approved Sunny Realty and Management 9944 Garden Grove Boulevard Garden Grove, CA92844 VOTE: 7-0 Applicant: Tim HillChairman Romero and Allages.comPresentsCommissioners Agarwal, Ament, 1100 West Katella Avenue, Suite GBuffa,Faessel, Karaki and Orange,CA 92867Ramirez voted yes. Location:1652 West Lincoln Avenue The applicant requeststo permit and retain a public dance Project Planner: Vanessa Norwood hall with fewer parking spaces than required by code. vnorwood@anaheim.net 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 April 12, 2009 along with a visual presentation. Chairman Romeroopened the public hearing. Commissioner Faessel addressed staff and said thatthe applicant was requesting the removal of the time limitation which gives the Planning Department some oversight of the business operation. He asked if there aremethods by which the City would retain oversight of the operation if the request was approved. Ms. Norwood responded that the City could bring the case before the Planning Commission again if there were any code related issues regarding the Conditional Use Permit. Commissioner Buffa referred to the Police Department memo and indicated that there were fewer calls for service this year than last. She asked about the general nature of the calls for service for this type of use. Michele Irwin, Senior Police Services Representative, responded that this was an under 21nightclub with dancing and live bands, and noalcohol. They had 14 calls for service this year compared to 17 last year. There have been no callsrelated to firearms. Most have been for fighting and underage 04/12/10 Page 5of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES drinking in the parking lot. She said the Police Department would like to see more security presence in the parking lot. Commissioner Karaki asked if patrons bring their own alcohol and drink in the parking lot. Ms. Irwin responded that this sometimes occurs. Commissioner Faessel said there were inconsistencies relating to outdoor lighting in the conditions of approval (Nos. 9 and 14). He said he preferred a number being listed rather than “sufficient” because it is difficult to define what is sufficient. Ms. Irwin responded that a one foot candle is a standard in crime prevention and recommended by the Police Department. Commissioner Faessel asked staff if the term “one foot candle” was used more consistently. Jonathan Borrego, Principal Planner, said that in the past they had researched and discussed the parking lot lighting issue. One of the issues was that there were no tools on hand to actually measure the lighting levels. He said some cities have plans prepared by a lighting contractor and if the Planning Commission feels that it is warranted with a specific case, it can be added as a condition of approval. Commissioner Faessel stated that he did not want to add more costs to the applicant for this case. However, he would like to see more consistency regarding lighting requirements for all cases in general. Chairman Romero asked if there was a system in place to monitor when Conditional Use Permit expired as this one had expired in 2005. Mr. Borrego responded thatthere is a trackingsystem in place. He was unsure why a reminder was not triggered in this instance. Chairman Romero opened the public hearing. Brenda Hill, 1652 West Lincoln Avenue, Anaheim,the applicant, stated she had reviewed the conditions of approval and she was in agreementwith the staff report. Commissioner Ramirez asked if the business had closed after the conditional use permit expired in 2005. Ms. Hill responded no. Commissioner Ramirez asked if any neighboring businesses had complaints. Ms. Hill stated the furniture store next door is open until 7:30 or 8:00 and they keep parking spaces available for his customers until he closes. The automotive repair shop uses her parking spaces during the day. There have never been any parking issues. 04/12/10 Page 6of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES Commissioner Ramirez asked if there were any trash related issues. Ms. Hill said she has someone clean and sweep the parking lotafter events. Commissioner Faessel said he drove by the business recently and saw young people having a good time and that the parking lot was kept in good, clean condition. He complimented Ms. Hill on her success in operating this type of business. Commissioner Ament agreed. Chairman Romero, seeing no one indicating to speak, closed the public hearing. Commissioner Buffa suggested staff present standard language pertaining to lighting to the Commission for discussion. Commissioner Amentoffered a recommendation that the Planning Commission adopt the resolution attached to the April 12, 2009 staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2009-05412. Elly Morris,Secretary announced that the resolution passedwith 7 yesvotes. Chairman Romero and Commissioners Agarwal, Ament, Buffa, Faessel, Karaki and Ramirez voted yes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, April 22,2010. DISCUSSION TIME :16minutes (3:37-3:53) 04/12/10 Page 7of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES ITEM NO. 4 CONDITIONAL USE PERMITNO. 2010-05395Resolution No. 2010-022 PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00064Resolution No. 2010-023 (DEV2010-00006) (Buffa) Owner:Approved Kook Hoon Cho 590 SouthWhispering Ridge Lane VOTE: 6-1 Anaheim, CA 92808 Chairman Romero and Commissioners Agarwal, Ament, Applicant: Dick Evitt Buffa, Faessel and Karaki voted yes. All Star Realty Commissioner Ramirez voted no. 5905 Winncliff Drive Riverside, CA92509 ----------------------------------------- Location:1151 North Euclid Street Aprior motion was made to separate the CUP and PCN for The applicant proposesto expand a previously-approved two separate actions. convenience market with sales of beer, wine and distilled (Ramirez/Faessel) spirits into an adjacent unit VOTE: 3-4 Environmental Determination: The proposed action is Commissioners Buffa,Faessel and Categorically Exempt from the requirement to prepare Ramirez voted yes. Chairman additional environmental documentation per California Romero and Commissioners Agarwal, Environmental Quality Act (CEQA) Guidelines -Class 1 AmentandKarakivoted no. (Existing Facilities). MOTION FAILED TO CARRY Project Planner: Vanessa Norwood vnorwood@anaheim.net Vanessa Norwood, Associate Planner, provided a summary of the staff report dated April 12, 2009 along with a visual presentation. Commissioner Ramirez asked for clarification on the crime statistics relating to the high density residential tract surrounding the neighborhood. Michele Irwin, Senior Police Services Representative, said the neighborhood behind the subject property does experience gang activity. It is a high crime neighborhood with calls relating to violence, fights, weapons, narcotics, and domestic violence. The owner of the previous liquor store passed away and the location has been closed for approximately three years. There are no crime statistics available with respect to the former liquor store business. Commission Ramirez asked if a general statement could be made as to whether the calls for service received were alcohol-related. 04/12/10 Page 8of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES Ms. Irwin said although she could not relate any calls back to the business,many of the neighborhood crimeswere likely alcohol-related. Commissioner Ramirez stated thatthere are 12locations on the ¼ mile radius map where alcohol can be purchased for on or off-site consumption. th Ms. Irwin said this would be the 12location on the map. Commissioner Ramirez asked if the Police Department was comfortable in making the determination that this wasanecessary public convenience whenthere are eleven other locations where alcohol canbe purchased. Ms. Irwin said six of those locations are on-salebusinesses, which are counted separately from the off-sale businesses. Chairman Romero asked why the ¼ mile radius is used to make the determination as to whether approval is recommended. Ms. Irwin said the ¼ mile radius is a true picture of what crimes and other alcohol sales surround the actual location, as opposed to measuring by census tract. CJ Amstrup, Planning Services Manager clarified the reason for two standards. The reporting district is State law which serves as the threshold for Public Convenience or Necessity permits. The ¼mile map is ameasurement which gives better context to thearea surroundingwhere the permit will be issued. Commissioner Faessel asked for clarification between crime statistics associated with the census tract as opposed to crime statistics within a ¼ mile radiusof thislocation. Mr. Amstrup stated that a more accurate picture is provided when using the ¼ mile measurement. CommissionerBuffa referred to the Police Department’s memorandum dated February 3, 2010, which states there are 10 on-salelicenses (3 of which are active in the tract),and 5 off-sale licenses (4 of which are active). She then referred to the attachment (map and radius) which illustrates there are 6 on-sale and 6 off-sale; and none of them add up to 10, therefore she asked for clarification in understanding the map. Ms.Irwin provided clarification and further detail regarding the crime radius depicted on the map versus that reported in the census tract. She stated that using a ¼ mile radius may include other census tracts which can skew the total number of licenses shown on the exhibit. Commissioner Buffa responded that Ms. Irwin answered her question. Chairman Romeroopened the public hearing. 04/12/10 Page 9of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES Dick Evitt, applicant, stated they would like to open up the store as 3,000 square feet rather than 1,500 square feet. He stated the person who is going to operate the store has other stores in the Inland Empire and are very successful. He stated that the store is going to be a high class store, and he provided detailed information of the type of merchandise that will be sold. He referred to the PublicConvenience or Necessitydraft resolution, and asked for modification of Condition No. 5 regarding the sale of beer or malt beverages. He stated they would like to request a modification to thecondition in order to allowsinglesales of22 ounces or above. He explained reasons why limitingthe salesof singlesof beer and malt beverages would be unfair to them. Chairman Romero, seeing no one indicating to speak, closed the public hearing. Commissioner Ament asked why there is a limitation for the sale of beer or malt beveragesfor smaller markets. Ms. Irwin responded that the size of the convenience marketwas not the reason for the limitation on these types of sales. She explained that the license beforethemwas a transfer license which already had a condition restricting the sales of singles. She stated that the applicant couldpurchase a new license fromAlcoholic Beverage Control (ABC) and come to the Planning Commission for review and consideration of all new conditions.However, when ABC transfers a license they transfer the existing conditions.Also, because of the high crime rate,the Police Department would have concerns about recommendingapproval of singlesalesat this location. Commissioner Faessel asked for clarification regarding the restrictions of the sales of singles for the subject location and whether itis based wholly upon the fact that there isa pre-existing ABC permit that delineatesthose restrictions. Ms.Irwin responded,yes, and reiterated that the license that they have is a transferred license which has the condition of no single sales for that location. Commissioner Ramirez expressed that she is not in favor of the public convenience or necessity request for the subject area as it is heavily impacted by crime; and she asked if the conditional use permit and public convenience or necessity requests can be separated for separate action. Commissioner Ramirezoffered a motion toseparate the Conditional Use Permit No. 2008-05395A and Public Convenience or Necessity No. 2010-00064 requests.Commissioner Faessel seconded the motion. MOTION FAILED TO CARRY (Commissioners Buffa, Faessel and Ramirez voted yes. Chairman Romero and Commissioners Agarwal, Ament and Karaki voted no) Commissioner Buffaoffered a recommendation that the Planning Commission adopt the resolution attached to the April 12, 2010 staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2008-05395Aand Public Convenience or Necessity No.2010-00064. Elly Morris, Secretary announced that the resolution passedwith6yes votes. Chairman Romero and CommissionersAgarwal, Ament, Buffa, Faesseland Karakivoted yes.Commissioner Ramirez voted no. 04/12/10 Page 10of 11 APRIL 12, 2010 PLANNING COMMISSION MINUTES OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, April 22, 2010. DISCUSSION TIME :31minutes (3:54 to 4:25) DISCUSSION: Planning and Police Department staff addressed questions by the Planning Commission relating to prior and future Public Convenience or Necessity requests. MEETING ADJOURNED AT 4:40P.M. TO MONDAY, APRIL 26, 2010AT 3:30P.M. Respectfully submitted, Eleanor Morris Secretary Received and approved by the Planning Commission on May 10, 2010. 04/12/10 Page 11of 11