Minutes-PC 2010/06/07City of Anaheim
Planning Commission
Minutes
Monday,June 7,2010
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Commissioners Present
:Chairman: Panky Romero
Kelly Buffa,Stephen Faessel,
Joseph Karaki,Victoria Ramirez
Commissioners Absent
:Peter Agarwal, 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 PlannerEleanorMorris, Secretary
Della Herrick, Associate Planner
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m.
onWednesday,June 2, 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, May 27,2010
Call to Order-3:30 p.m.
Audience Attendance: 16
Pledge of AllegiancebyCommissioner Ramirez
Public Comments
Consent Calendar
Public Hearing Items
Adjournment
JUNE 7, 2010
PLANNING COMMISSION MINUTES
Anaheim Planning Commission Agenda -3:30 P.M.
Public Comments: None
Minutes
ITEM NO. 1AMotionto approve minutes
(Faessel/Ramirez)
Receiving and approving the Minutes from the Planning
Approved
Commission Meeting of May 10, 2010.
VOTE: 3-0
Chairman Romero and
Commissioners Faesseland
Ramirez voted yes.
Commissioners Buffa and Karaki
abstained and Commissioners
Ament andAgarwal wereabsent.
06/07/10
Page 2of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
Public Hearing Items:
ITEM NO. 2
PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00065Resolution No. 2010-041
VARIANCE NO. 2010-04812Resolution No. 2010-042
(DEV2010-00055)
(Ramirez)
Owner:
DanielRosenberg
255 S. EuclidEnterprises, LLC
PCN
255 S. EuclidAvenue
Anaheim, CA 92802 Approved, deleted Condition No. 9
pertaining to sales of wine in
containers less than 750 ml.in
Applicant:
TheBergman Companies
size.
AndrewLurker
2121 S. HavenAvenue
VAR
Ontario, CA 91761
Approved, subject to applicant
reducing size of proposed wall
FreshandEasyNeighborhoodMarket
signs as discussed at hearing.
RichardChavez
2120 ParkPlace
ElSegundo, CA 90245
VOTE: 5-0
Chairman Romero and
Location:275 South Euclid Street
Commissioners Buffa, Faessel,
Karaki and Ramirez voted yes.
The applicant proposes the sale of beer and wine for off-
Commissioners Agarwal and
premises consumption in a proposed grocery store (Fresh and
Ament were absent.
Easy Market). The applicant also proposes two wall signs
with a letter height and logo larger than permitted by code.
Environmental Determination: The proposed action is
Project Planner:
Della Herrick
Categorically Exempt from the requirement to prepare
dherrick@anaheim.net
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines -Class 1
(Existing Facilities).
Della Herrick,AssociatePlanner, provided a summary of the staff report dated June 7, 2010,along
with a visual presentation.
Chairman Romeroopened the public hearing.
Andrew Lurker, The Bergman Companies, applicant, statedhehad reviewed the conditions of
approval andwas in agreementwith the staff report, with the exception of Condition No. 9 which
restricts the volume of wine sales to 750 ml. Heasked if the Police Department was recommending
deletion of Condition No. 9.
Michele Irwin, Senior Police Services Representative, responded yes.
06/07/10
Page 3of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
Commissioner Buffa referred to the Fresh and Easy wall sign and asked for clarification pertaining to
the amount of space below the sign.
Ted Howard, 3081 E. Miraloma Avenue, Anaheim, stated he is with the sign company that is going to
be fabricating and installing the signs for Fresh and Easy at the subject location. He indicated they
haven’t goneout yet to take the measurements because the building is going to be modified to meet
the particular architectural lookthat is being presented today, but noted it will be centered on the
portion of the building that it will be mounted to.
Commissioner Buffa expressed her concern and commented that it appears the sign is too big for the
space and doesn’t seemproportional with the amount of space available, and she stated that the
letter height would look nicer if it was a little smaller.
Chairman Romero asked how the subject request comparesto some of the other variance requests
that were approved.
Jonathan Borrego, Principal Planner, responded staff has not conducted such research.
Chairman Romero responded,as he recalls,they were all proportional.
Commissioner Buffa stated she recalls that they have agreed to different letter heights and more
signage on a building that was allowed by code, but they all had to fit in the space.
Mr. Howard responded they can adjust the size asthere is one size smaller that Fresh and Easy does
sometimes use; and he asked how much spacing above and below is being suggested.
Commissioner Buffa responded it appears to be about 10% too big.
Commissioner Karaki concurred with Commissioner Buffa that the sign is a bit large in relationship to
the wall, and said if it is reduced by 20-25% it may not appear to be too large for the wall.He asked if
it is a standard size sign.
Mr. Howard responded it is a standard size sign for the locations throughout Southern California. He
indicated they have another size sign that is a bit smaller,but he’s not exactly sure how much smaller
percentage-wise. If needed,he can look into it to find out.
Commissioner Buffa asked if he is aware of thesmaller sign’s dimensions, as the proposedsign is
9feet, 3½ inches high.
Mr. Howard responded there are a couple of hindrances from the street due to the KFC/Long John
Silver establishment that is in frontof the proposed market;therefore,it is not very easy to see as you
are driving by. That’s why they proposed to go with the bigger type sign.
Commissioner Buffa responded that the large pylonsign along the street shouldsolve that problem.
Mr. Howard asked if the subject item could be trailed in order for him to call his office to get
information regarding the dimensions of the smaller sign.
06/07/10
Page 4of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
Chairman Romero indicated the item will be trailed.
Note: Following action taken on Item No. 4,the subject item was reheard.
Mr. Howard stated the smaller size sign is 8 feet, 6 inches high by 14 feet, 8 inches long; and
provided information pertaining to the decreased letter height and logo for the smaller sign.
CJ Amstrup, Planning Services Manager, stated he has done some research while the item was
trailed and referred to the Dearden’sestablishment on Euclid Avenue and La Palma Avenue, and
stated that was a variance request and their sign is 6 feet high and is 180 feet from Euclid Avenue.
Ms. Herrick indicated the Daniel’s Furniture store has a letter height of 60 inches.
Commissioner Buffa clarified that the concern is not the letter height, it is the proportional size on the
building façade, but expressed that the smaller size is better.
Chairman Romero asked if anyone was present to speak on the item, seeing no other persons
indicating to speak, he closed the public hearing.
Commissioner Faessel referred to Exhibit “B”, Condition No. 5, and asked if the applicant is fine with
that then it isn’t an issue, but he believes they are starting to waive that requirement under certain
conditions. Also, he clarified that, according to today’s testimony by the applicant and
recommendation by the Police Department,that Condition No. 9 is to be deleted.
Chairman Romero responded yes.
Commissioner Faessel referred to page 2 of the staff reportand asked a question regarding the floor
area dedicated to alcohol sales.
Mr. Amstrup responded 25% is typically assigned to convenience markets and grocery stores; it is a
standard for regulating the floor area where alcohol is not the dominant sales item.
Mr. Borrego reiterated that 25% is an Alcoholic Beverage Control (ABC) standard. He also indicated
that staff is sensitive to the single sales issue and staff made it a point to discuss that issue with the
applicant in order to ensure that they concurredwith the condition of approval, and the applicant did
concur.
Commissioner Ramirezoffered a recommendation that the Planning Commission adopt the resolution
attached to the June 7, 2010 staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approvingPublic Convenience or
Necessity No. 2010-00065 with deletion of Condition No. 9,and approving Variance No. 2010-04812
subject to applicant reducing size of proposed wall signs.
Eleanor Morris, Secretary announced that the resolution passedwith fiveyes votes.Chairman
Romero and Commissioners Buffa, Faessel,Karaki and Ramirez voted yes. CommissionersAgarwal
and Ament were absent.
06/07/10
Page 5of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, June 17, 2010.
DISCUSSION TIME
:26minutes (3:34to 3:50)item was trailed (4:06 to 4:16)
(Commissioner Buffa arrivedat 3:35 p.m.)
06/07/10
Page 6of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2010-05496Resolution No. 2010-043
(DEV2010-00058)
(Faessel)
Owner/
Applicant:Approved
Minh Duc Trinh
Minh Smog Test Only
301 South Euclid Street
VOTE: 5-0
Anaheim, CA 92802
Chairman Romero and
Commissioners Buffa, Faessel,
Location:301 South Euclid Street
Karaki and Ramirez voted yes.
CommissionersAgarwaland
The applicant proposes to expand an existing smog test
Amentwereabsent.
facility.
Environmental Determination: The proposed action is
Project Planner:
Categorically Exempt from the requirement to prepare
David See
additional environmental documentation per California
dsee@anaheim.net
Environmental Quality Act (CEQA) Guidelines -Class 1
(Existing Facilities).
Dave See, Senior Planner, provided a summary of the staff report dated June 7,2010,along with a
visual presentation.
Commissioner Faessel asked if it’s the intent of the applicant to continue to use the existing canopies
to enclose the new structure.
Mr. See responded that the revised plan showed no canopiesand that a new roof would be provided.
Chairman Romeroopened the public hearing.
Roy Webb,1630 S. Sunkist Street, Anaheim, stated he is assistingand speaking on behalf of Minh
Trinh the owner who is present today.It is anticipated that the canopies will be removed when the
final plans for the construction and the new elevations are submitted to the City.
Commissioner Buffa complimented the owner on his business and stated it will be an improvement to
the subject site.
Mr. Webb responded the Mr. Trinh is pleased to be present today and indicated he is a self-made
businessman in the City of Anaheim and intends to be in the city for many years. He referred to the
proposed planter on the south side of subject property and said there has been a problem with cut
throughtraffic aspeople try to access the vacant property to the south. He expressed that it may be
advantageous to install apermanent type structure, rather than just planters,and they will be
discussing this with the City.Also, Mr. Trinh understands that there will land dedication to the City
06/07/10
Page 7of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
that’s needed for the expansion of Euclid Avenue and Broadway. He said they will seek some form of
financialor fee offset.
Mr. See responded that Public Works and Planning staff had a discussion with the applicant and the
applicant did agree to the necessary 7-foot street dedication, and Public Works staff indicated that the
traffic impact fees for the building permit would be waived as a consequence of the dedication;
however, staff is still recommending that a bus bench be installed which is estimated to cost about
$1,100 and the applicant has agreed.
Mr. Webb expressed that Mr. Trinh supports the City in the installation of the bus bench.
Chairman Romero asked if anyone was present to speak on the item, seeing no other persons
indicating to speak, he closed the public hearing.
Commissioner Faesseloffered a recommendation that the Planning Commission adopt the resolution
attached to the June 7,2010 staff report, determining that aClass 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
2010-05496(DEV2010-00058).
Eleanor Morris, Secretary announced that the resolution passedwith five yes votes.Chairman
Romero and Commissioners Buffa, Faessel,Karaki and Ramirez voted yes. CommissionersAgarwal
and Ament were absent.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, June 17, 2010.
DISCUSSION TIME
:10minutes (3:51to 4:01)
06/07/10
Page 8of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2010-05497Resolution No. 2010-044
(DEV2009-00059)
(Buffa)
Owner:
Tanya Rebrova
Approved
EESA InvestmentCompany LLC
1149 N. McCadden Place
Hollywood, CA 90038
VOTE: 5-0
Applicant:
Seag Ill Kim Chairman Romero and
Commissioners Buffa, Faessel,
Orange County Good News Baptist Church
Karaki and Ramirez voted yes.
10641 Pearl Street
Commissioners Agarwal and
Garden Grove, CA 92840
Ament were absent.
Location:3330 West Lincoln Avenue
Project Planner:
The applicant proposes to convert a former restaurant into
David See
a community and religious assembly hall.
dsee@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).
Dave See, Senior Planner, provided a summary of the staff report dated June 7, 2010,along with a
visual presentation.
Chairman Romeroopened the public hearing.
James Kim,3330 W. Lincoln Avenue, Anaheim, stated he is the architect for the project and has
reviewed the conditions of approval andwas in agreementwith the staff report.
Chairman Romero asked if anyone was present to speak on the item, seeing no other persons
indicating to speak,he closed the public hearing.
Commissioner Buffaoffered a recommendation that the Planning Commission adopt the resolution
attached to the June 7,2010 staff report, determining that aClass 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
2010-05497(DEV2009-00059).
Eleanor Morris, Secretary announced that the resolution passedwith five yes votes.Chairman
Romero and Commissioners Buffa, Faessel,Karaki and Ramirez voted yes. CommissionersAgarwal
and Ament were absent.
06/07/10
Page 9of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, June 17, 2010.
DISCUSSION TIME
:3minutes (4:02to 4:05)
(Item No. 2 was re-heard following this item.)
06/07/10
Page 10of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
ITEM NO. 5
CONDITIONAL USE PERMIT NO. 2006-05121BContinued to July 19, 2010
(DEV2010-00039
(Faessel/Karaki)
Owner:
Living Stream Ministry
Approved
2431 West La Palma Avenue
Anaheim, CA92801
Applicant:VOTE: 4-0
Phillip Schwartze
The PRS Group Chairman Romero and
Commissioners Faessel, Karaki
3187 San Juan Creek Circle
and Ramirez voted yes.
San Juan Capistrano, CA92675
CommissionersAgarwal, Ament
and Buffa were absent.
Location:2411 West La Palma Avenue
The applicant requests to amend a previously-approved
Project Planner:
conditional use permit to allow a private nursing and health
Vanessa Norwood
care vocational college.
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).
OPPOSITION:
None
DISCUSSION TIME
:No discussion occurred since this item was continued.
(Commissioner Buffa arrived following action of this item.)
06/07/10
Page 11of 12
JUNE 7, 2010
PLANNING COMMISSION MINUTES
MEETING ADJOURNED AT 4:17P.M.
TO MONDAY, JUNE 21, 2010AT 3:30P.M.
Respectfully submitted,
Eleanor Morris
Secretary
Received and approved by the Planning Commission on July 19, 2010.
06/07/10
Page 12of 12