Minutes-PC 2010/06/21Commissioners Present:
Commissioners Absent:
Staff Present:
Mark Gordon, Assistant City Attorney
David See, Senior Planner
Ted White, Senior Planner
Della Herrick, Associate Planner
None
City of Anaheim
Planning Commission
Minutes
Monday. June 21, 2010
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairman: Panky Romero
Peter Agarwal, Todd Ament, Kelly Buffa,
Stephen Faessel, Joseph Karaki, Victoria Ramirez
Raul Garcia, Principal Civil Engineer
David Kennedy, Associate Transportation Planner
Michele Irwin, Senior Police Services Representative
Eleanor Morris, Secretary
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:30 p.m.
on Wednesday, June 16, 2010, inside the display case located in the foyer of the Council
Chamber, and also in the outside display kiosk.
• Call to Order - 3:30 p.m.
• Audience Attendance: 20
• Pledge of Allegiance by Commissioner Buffa
• Public Comments
• Consent Calendar
• Public Hearing Items
• Appreciation Plaque Presented to Commissioners Kelly Buffa and Panky Romero
• Adjournment
Public Comments: None
Minutes
ITEM NO. 1A
JUNE 21, 2010
PLANNING COMMISSION MINUTES
Anaheim Planning Commission Agenda - 3:30 P.M.
Receiving and approving the Minutes from the Planning
Commission Meeting of May 24, 2010.
Approval to continue
consideration of minutes to
July 7, 2010
(Faessel /Karaki)
Approved
VOTE: 7 -0
Chairman Romero and
Commissioners Agarwal, Ament,
Buffa, Faessel, Karaki and Ramirez
voted yes.
06/21/10
Page 2 of 15
Public Hearing Items
ITEM NO. 2
CONDITONAL USE PERMIT NO. 2010-05491
VARIANCE NO. 2010 -04814
(DEV2010- 00040)
Owner: David Arnold and Grace Arnold Trust
14,Beacon Bay
Newport Beach, CA 92660
Applicant: M. Mahpar and Associates
Mohammad Mahpar
702 West Lincoln Avenue
Anaheim, CA 92805
Location: 451 West Lincoln Avenue
The applicant proposes to establish a cosmetology college
(Real Barber College) with fewer parking spaces than required
by code.
Environmental Determination: CEQA Categorical Exemption,
Classl (Existing Facilities).
Della Herrick, Associate Planner, provided a summary of the staff report dated June 21, 2010, along
with a visual presentation.
Chairman Romero opened the public hearing.
JUNE 21, 2010
PLANNING COMMISSION MINUTES
Resolution No. 2010 -045
(Buffa)
Approved
VOTE: 7 -0
Chairman Romero and
Commissioners Agarwal, Ament,
Buffa, Faessel, Karaki and
Ramirez voted yes.
Project Planner:
Della Herrick
dherrick@Janaheim.net
Augustine Souze, applicant, stated he is the president and founder of the Real Barber College. He
stated he had reviewed the conditions of approval and was in agreement with 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 Buffa offered a recommendation that the Planning Commission adopt the resolution
attached to the June 21, 2010 staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
2010 -05491 and Variance No. 2010 -04814 (DEV2010- 00040).
Eleanor Morris, Secretary announced that the resolution passed with seven yes votes.
06/21 /10
Page 3 of 15
OPPOSITION: None
Mark Gordon, Assistant City Attorney, presented the 10 -day appeal rights ending at 5:00 p.m. on
Thursday, July 1, 2010.
DISCUSSION TIME: 4 minutes (3:33 to 3:37)
JUNE 21, 2010
PLANNING COMMISSION MINUTES
06/21/10
Page 4 of 15
ITEM NO. 3
CONDITIONAL USE PERMIT
(DEV2010- 000951
CONDITIONAL USE PERMIT
(DEV2010- 000781
CONDITIONAL USE PERMIT
IDEV2010- 00079)
VARIANCE NO. 2010-04816
(DEV2010- 00079)
Owner/
Applicant:
Location:
City of Anaheim
Redevelopment Agency
JUNE 21, 2010
PLANNING COMMISSION MINUTES
NO. 2010 -05504
NO. 2010-05505
NO. 2010-05506
336 -406 South Anaheim Boulevard and
415 South Claudina Street
Conditional Use Permit No. 2010-05504 — to establish a
brewery to include the sale of alcoholic beverages for on and off
premises consumption in an existing commercial building;
Conditional Use Permit No. 2010 - 05505 — to permit the sale
and consumption of alcoholic beverages in a future restaurant;
Conditional Use Permit No. 2010 - 05506 — to permit an
outdoor marketplace;
Variance No. 2010 - 04816 — to permit a front yard landscaped
setback that is less than required by Code in conjunction with
an outdoor marketplace.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 32
(Infill Development Projects).
Resolution No. 2010 -046
Resolution No. 2010 -047
Resolution No. 2010 -048
(Faessel)
CUP NO. 2010-05504
Approved, with deletion of Condition
Nos. 6 and 21 pertaining to a Water
Quality Management Plan.
CUP NO. 2010-05506
Approved, added a condition of
approval pertaining to Planning
Commission review of the design for
the outdoor marketplace.
CUP NO. 2010 - 05505, Approved
VAR NO. 2010- 04816, Approved
VOTE: 7 -0
Chairman Romero and
Commissioners Agarwal, Ament,
Buffa, Faessel, Karaki and Ramirez
voted yes.
Project Planner:
David See
dseer&Janaheim.net
Dave See, Senior Planner, provided a summary of the staff report dated June 21, 2010, along with a
visual presentation. He referred to Conditional Use Permit No. 2010 -05504 and stated that Public
Work's staff is recommending deletion of Condition Nos. 6 and 21 pertaining to the Water Quality
Management Plan.
Commissioner Agarwal referred to Conditional Use Permit No. 2010 - 05504, Condition No. 9, and
asked for clarification on the purpose of the condition.
Michele Irwin, Senior Police Services Representative, responded the condition is placed because
they are applying for a Type 47 License, and the condition would go along with a Type 48 License
which would be for a bar or nightclub where the public would be charged for admission.
06/21/10
Page 5 of 15
Commissioner Karaki asked for clarification regarding the operation of the business.
Mr. See responded that the brewery will be manufacturing the beer on site and will offer their product
to customers in a tasting room and also the outdoor dining area, and they will also offer their product
for off -sale which is part of the Type 23 License as it allows just your own product to be sold for off -
premise consumption.
Commissioner Agarwal referred to the Police Department's memorandum attached to the staff report
and stated there are 6 off - premises consumption licenses permitted, and currently there are 6
licenses in the tract, therefore if the subject license is granted there will be one more for off -sale.
Ms. Irwin responded that is accurate.
JUNE 21, 2010
PLANNING COMMISSION MINUTES
Commissioner Agarwal stated for on- premises consumption licenses permitted there are 11, and
currently there are 5 existing.
Ms. Irwin responded that is accurate
Commissioner Faessel referred to page 2 of the staff report, CUP2010- 05505, and asked for
clarification if that would include beer, wine and distilled spirits.
Ms. Irwin responded yes, they are requesting a Type 47 License.
Chairman Romero opened the public hearing.
Barbara Gerovac, stated she is the owner of the subject brewery, had reviewed the conditions of
approval and was in agreement with the staff report.
Commissioner Karaki asked if she was currently operating another brewery.
Ms. Gerovac responded no, and that she and her husband havel5 years experience in professional
breweries. The subject brewery would be the first they own.
Commissioner Karaki asked when they intended to start this project.
Ms. Gerovac said as soon as they obtain the conditional use permit and the lease is signed, they
should be open by the end of the year.
Commissioner Agarwal asked if special schooling is required to become a professional brewer.
Ms. Gerovac responded that in the United States there are no requirements for people to learn the
skill. She and her husband attended a six month course and have scientific training, as well as on the
job experience.
Bill Taormina, said he remembered when the skating rink was approved for the Anaheim Ducks. It
was the first beacon of light downtown. Since then, many things have taken place. Everyone who
has a stake in Downtown Anaheim is celebrating this creative idea which was launched and
06/21/10
Page 6 of 15
JUNE 21, 2010
PLANNING COMMISSION MINUTES
conceived by City staff and a series of professional architects. The success of CIM, Ruby's Diner,
Ember Cafe, the AT &T corner and all the other projects are adding up. He applauds the idea and
encouraged the Commission to support the project.
Jerry Zomorodian stated his business is across the street and he is in support of this project.
Chairman Romero seeing no other persons indicating to speak closed the public hearing.
Commissioner Faessel said he agreed with the comments made by Mr. Taormina. He said it has
been very disappointing to have the main thoroughfare downtown in such a state for so long. He
complimented Planning and Redevelopment staff for continuing to find applicants who are willing to
invest in downtown.
Commissioner Buffa stated she is very supportive of the project and that the City would certainly
support the brewery. She is very optimistic about the opening of the restaurant. She said the
Commission might want to consider an additional condition on the conditional use permit that says
when the marketplace is designed that the plan come back before the Commission as a Reports and
Recommendations item, not a hearing, so that staff and the Commission will have the opportunity to
look at adequate public, pedestrian circulation, how it relates to the property, how it's driveways meet
with the packing house to the south.
Chairman Romero, Commissioners Karaki and Faessel agreed with Commissioner Buffa.
Commissioner Ament commended Mr. Taormina on all the work he, his family and friends in keeping
the vision alive and for taking big risks on these types of projects. The brewery will be a great asset.
Commissioner Agarwal agreed with Commissioner Buffa's comments. He stated he has only been in
Anaheim since 1998; but has seen it transform into a nice city that he is proud to say is his home. He
supports this project.
Commissioner Faessel offered a recommendation that the Planning Commission adopt the resolution
attached to the June 21, 2010 staff report, determining that a Class 32 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
2010 -05504 (DEV2010- 00095), Conditional Use Permit No. 2010 -05505 (DEV2010- 00078),
Conditional Use Permit No. 2010 -05506 (DEV2010- 00079) and Variance No. 2010 -04816 (DEV2010-
00079).
Eleanor Morris, Secretary announced that the resolution passed with seven yes votes.
OPPOSITION:
IN SUPPORT:
None
Three persons spoke in favor of the subject request.
Mark Gordon, Assistant City Attorney, presented the 10 -day appeal rights ending at 5:00 p.m. on
Thursday, July 1, 2010.
DISCUSSION TIME: 24 minutes (3:38 to 4:02)
06/21/10
Page 7 of 15
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 3939C
(DEV2010- 000711
Owner/ Jerry Zomorodian
Applicant: ARCO
301 South Anaheim Blvd.
Anaheim, CA 92805
Location: 301 South Anaheim Boulevard
JUNE 21, 2010
PLANNING COMMISSION MINUTES
The applicant requests to delete a condition of approval
pertaining to the sales of single- serving containers of beer
within an existing service station convenience market.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per Califomia
Environmental Quality Act (CEQA) Guidelines - Class 1
(Existing Facilities).
Michele Irwin, Police Services Representative responded yes.
Resolution No. 2010 - 049
(Agarwal)
Approved, with deletion of
Condition Nos. 17, 18 and 19
VOTE: 6 -0
Chairman Romero and
Commissioners Agarwal, Ament,
Buffa, Faessel and Ramirez
voted yes. Commissioner Karaki
abstained.
Project Planner:
Della Herrick
dherrick@anaheim.net
Della Herrick, Associate Planner, provided a summary of the staff report dated June 21, 2010, along
with a visual presentation. The applicant requests the deletion of Condition No. 17 which restricts the
single sales of beer and wine. Also, the Police Department recommends deleting Condition No. 14
which pertains to the age restriction on no person under the age of 21 will sell, or be permitted to sell,
beer or wine at this location. Staff believes this condition of approval is unnecessary as the California
Department of Alcoholic Beverage Control already places such a restriction on all licenses.
Commissioner Agarwal asked why we would we allow the sale of beer singles and put restrictions on
four pack wine coolers.
Ms. Herrick responded that the applicant had only requested a restriction on beer, not wine.
Commissioner Ramirez asked if the condition regarding age restriction to sell would now be common
practice and suggested that there be consistency as the applicant for Item 2 had the same request.
Commissioner Ramirez asked if the 15 calls for service to this location to were typical for these types
of service stations.
Ms. Irwin said it was about average and not considered a high amount. She said Mr. Zomorodian
was a great business owner and would imagine that he would do all he could to uphold all conditions
on his license.
06/21/10
Page 8 of 15
Chairman Romero opened the public hearing.
JUNE 21, 2010
PLANNING COMMISSION MINUTES
Commissioner Faessel commented that since the restrictions have recently been relaxed, there
would most likely be an increase in these types of requests. He suggested that staff be prepared to
deal with the consequences.
Jerry Zomorodian, applicant, stated he had reviewed the conditions of approval and was in
agreement with the staff report.
Commissioner Ramirez asked if the driving force behind the request to change the ability to sell
single beer containers was due to a high demand or increase in profit.
Mr. Zomorodian, said that 10 years ago when he applied for beer and wine at this location, the
Planning Commission and the City Council had voted against singles sales. He never understood the
reason. However, since he heard that other businesses were now being allowed to sell singles, he
wanted the same opportunity.
Commissioner Ramirez said she the reason the prohibition to sell singles was set in place was partly
because this business is located in a high crime rate area and expressed concerns regarding the
sales of singles and how it may negatively affect the surrounding area.
Mr. Zomorodian explained that the sales of singles doesn't mean they will be selling to intoxicated
people, their employees are well trained and yearly attend the police department and ABC training
class.
Bill Taormina, complimented Commissioners Faessel and Ramirez on the questions raised to the
applicant, and indicated he agrees with the procedures the applicants have to follow in order to sell
alcoholic beverages.
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 Agarwal offered a recommendation that the Planning Commission adopt the resolution
attached to the June 21, 2010 staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
3939C (DEV2010- 00071), with deletion of Condition Nos. 17, 18 and 19.
Eleanor Morris, Secretary announced that the resolution passed with six yes votes. Commissioner
Karaki abstained.
06/21/10
Page 9 of 15
OPPOSITION:
IN SUPPORT:
None
DISCUSSION TIME: 17 minutes (4:03 to 4:20)
JUNE 21, 2010
PLANNING COMMISSION MINUTES
One person spoke in favor of the subject request.
Mark Gordon, Assistant City Attorney, presented the 10 -day appeal rights ending at 5:00 p.m. on
Thursday, July 1, 2010.
06/21/10
Page 10 of 15
ITEM NO. 5
JUNE 21, 2010
PLANNING COMMISSION MINUTES
CONDITIONAL USE PERMIT NO. 2010-05510
(DEV2010- 00093)
Owner: Jack Jakosky
Canyon Plaza LLC c/o Jakosky Properties
503 32nd Street, Suite 200
Newport Beach, CA 92663
Applicant: Brad Jefferies
Rubio's Restaurants Inc.
1902 Wright Place, Suite 300
Carlsbad, CA 92008
Location: 5781 East Santa Ana Canvon Road
The applicant proposes to sell beer and wine within an existing
restaurant (Rubio's Restaurant).
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare additional
environmental documentation per Califomia Environmental
Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities)
Resolution No. 2010 - 050
(Buffa)
Approved
VOTE: 7 -0
Chairman Romero and
Commissioners Agarwal,
Ament, Buffa, Faessel, Karaki
and Ramirez voted yes.
Project Planner:
Judy Dadant
idadanKtanaheim.net
Ted White, Senior Planner, provided a summary of the staff report dated June 21, 2010, along with a
visual presentation.
Commissioner Agarwal asked for clarification regarding the subject license.
Mr. White responded the license was terminated so technically it is a new license in the tract.
Mr. Agarwal asked if the license was terminated, not resold.
Mr. White responded that is correct.
Chairman Romero opened the public hearing.
Jennifer Fredlow, 1902 Wright Place #300, Carlsbad, representative for Rubio's Fresh Mexican Grill,
stated she is the district manager for Orange County and Inland Empire. She stated when they took
over the property, they had an assumption that the license was current, but when they made the final
filing on the alcohol license they were informed that the license had expired; therefore she is present
today to request for the new application.
Chairman Romero asked if anyone was present to speak on the item, seeing no other persons
indicating to speak, he closed the public hearing.
06/21/10
Page 11 of 15
OPPOSITION: • None
JUNE 21, 2010
PLANNING COMMISSION MINUTES
Commissioner Buffa offered a recommendation that the Planning Commission adopt the resolution
attached to the June 21, 2010 staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
2010 -05510 (DEV2010- 00093).
Eleanor Morris, Secretary announced that the resolution passed with seven yes votes.
Mark Gordon, Assistant City Attorney, presented the 10 -day appeal rights ending at 5:00 p.m. on
Thursday, July 1, 2010.
DISCUSSION TIME: 4 minutes (4:21 to 4:25)
06/21/10
Page 12 of 15
ITEM NO. 6
CONDITIONAL USE PERMIT NO. 3399A
(DEV2010- 00068)
Owner: Craig C. Langslet
Redondo Investment Co.
P.O. Box 14478
Long Beach, CA 90853
Applicant: Scott Slater
Slater's 50/50
6362 East Santa Ana Canyon Road
Anaheim, CA 92807
Location: 6362 East Santa Ana Cannon Road
The applicant proposes to amend a previously- approved
conditional use permit to expand an existing restaurant and
upgrade its existing Alcoholic Beverage Control (ABC) license to
allow the sales of distilled spirits in addition to beer and wine
(Slater's 50/50 Restaurant).
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare additional
environmental documentation per Califomia Environmental
Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities).
Dave See, Senior Planner, provided a summary of the staff report dated
visual presentation. He indicated that staff provided the Planning Comm
information that the applicant provided, including a letter of support from
Chairman Romero opened the public hearing.
JUNE 21, 2010
PLANNING COMMISSION MINUTES
Resolution No. 2010 -051
(Ament)
Approved
VOTE: 7 -0
Chairman Romero and
Commissioners Agarwal,
Ament, Buffa, Faessel, Karaki
and Ramirez voted yes.
Project Planner:
David See
dseero)anaheim.net
June 21, 2010, along with a
ission with additional
a neighboring business.
Scott Slater, applicant, stated for about a year now they have been selling beer and wine, and a lot of
their customers have been requesting spirits, and in order to stay competitive with neighboring
businesses he is requesting to upgrade their existing license to allow the sales of distilled spirits. He
also indicated in the restaurant there is a large bar area and the dining room area but there is no clear
division between the two areas; therefore he is requesting the subject expansion of the restaurant.
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 Ament offered a recommendation that the Planning Commission adopt the resolution
attached to the June 21, 2010 staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
3399A (DEV2010- 00068).
06/21/10
Page 13 of 15
DISCUSSION TIME: 8 minutes (4:26 to 4:34)
Eleanor Morris, Secretary announced that the resolution passed with seven yes votes.
OPPOSITION: None
JUNE 21, 2010
PLANNING COMMISSION MINUTES
IN SUPPORT: A letter was submitted in favor of the subject request.
Mark Gordon, Assistant City Attorney, presented the 10 -day appeal rights ending at 5:00 p.m. on
Thursday, July 1, 2010.
06/21/10
Page 14 of 15
PRESENTATIONS:
A Resolution of Appreciation
the Planning Commission.
A Resolution of Appreciation
and plaque was presented to Panky Romero for his 5 years of service
on the Planning Commission.
Respectfully submitted,
Eleanor Morris
Secretary
JUNE 21, 2010
PLANNING COMMISSION MINUTES
and plaque was presented to Kelly Buffa for her 7 years of service on
MEETING ADJOURNED AT 4:40 P.M.
TO WEDNESDAY, JULY 7, 2010 AT 3:30 P.M.
Received and approved by the Planning Commission on August 16, 2010.
06/21/10
Page 15 of 15