Minutes-PC 2010/07/19City of Anaheim
Planning Commission
Minutes
Monday,July 19, 2010
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Commissioners Present
:Chairman: Stephen Faessel
Todd Ament, Joseph Karaki,
Harry Persaud,Victoria Ramirez
Commissioners Absent
:Peter Agarwal, John Seymour
Staff Present
:
CJ Amstrup, Planning Services ManagerMichele Irwin, Senior Police Services Representative
Mark Gordon, Assistant City AttorneyRaul Garcia,Principal CivilEngineer
David See, Senior Planner David Kennedy, Associate Transportation Planner
Della Herrick, Associate PlannerEleanorMorris,Secretary
Jamie Lai, Transit Manager
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m.
onWednesday,July 14, 2010, inside the display case located in the foyer of the Council Chamber,
and also in the outside display kiosk.
Call to Order–3:30p.m.
Audience Attendance: 20
Pledge of AllegiancebyCommissioner Persaud
Public Comments
Consent Calendar
Public Hearing Items
ARTIC EIR Workshop presented by Public WorksStaff
Adjournment
JULY 19, 2010
PLANNING COMMISSIONMINUTES
Anaheim Planning Commission Agenda –3:30 P.M.
Public Comments: None
Minutes
ITEM 1AMotionto approve minutes
(Ament/Karaki)
Receiving and approving the Minutes from the Planning
Approved
Commission Meeting ofMay 24, 2010. These minutes have
been provided to the Planning Commission and are available
VOTE: 4-0
for review at the Planning Department.
Chairman Faesseland
Continued from the June 21 and July 7, 2010 Planning Commissioners Ament, Karaki
Commission MeetingsandRamirezvoted yes.
Commissioner Persaud
abstained.Commissioners
Agarwal and Seymour were
absent.
ITEM 1BMotionto approve minutes
(Karaki/Ramirez)
Receiving and approving the Minutes from the Planning
Approved
Commission Meeting ofJune 7, 2010. These minutes have
been provided to the Planning Commission and are available
VOTE: 3-0
for review at the Planning Department.
Chairman Faessel and
Continued from the July 7, 2010 Planning Commission MeetingCommissioners Karaki and
Ramirez voted yes.
Commissioners Ament and
Persaud abstained.
Commissioners Agarwal and
Seymour were absent.
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Public Hearing Items:
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2010-05499Resolution No. 2010-055
VARIANCE NO. 2010-04822
(Karaki)
(DEV2010-00062)
Owner:Approved
Shimran Brandano
P.O. Box 2491
Rancho Cucamonga, CA91729
VOTE: 4-1
Applicant:
Melissa Alexie LeChairman Faessel and
2620 WestOrange Avenue, Suite 2Commissioners Ament, Karaki
Anaheim, CA 92804andPersaud voted yes.
Commissioner Ramirez voted no.
Location:2620 West Orange Avenue, Suite 2
CommissionersAgarwal and
Seymour wereabsent.
The applicant proposes to establish a massage therapy and
skin care facility with less parking than required by Code.
Environmental Determination: The proposed action is
Project Planner:
David See
Categorically Exempt from the requirement to prepare
dsee@anaheim.net
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines -Class 1
(Existing Facilities).
David See, Senior Planner, provided a summary of the staff report dated July 19, 2010along with a
visual presentation.
Commission Persaud said that previously, the hours of operation were listed in the conditions of
approval; however, they are not listed for this item.
Mr. See responded that staff did not feel it was necessary because the municipal code requires them
to close by midnight.
Commissioner Ramirez asked if staff had conducted research of massage parlors and the hours of
operation because in the past there had been issues in West Anaheim.
Michele Irwin, Senior Police Services Representativesaid that the legitimatemassage establishments
close by midnight. It is the unlicensed, illegitimate businesses which are not licensed for massage
that cause issues.
Chairman Faessel requested a brief explanation of the steps necessary to open and operate a
legitimate massage therapy business in Anaheim.
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Ms. Irwin responded that a business license application must be completed it will go to several city
departments for approval;background checksarealso conducted. If the applicant is a State certified
massage therapist, they can use either the State’s process or the City’s.
Chairman Faesselopened the public hearing.
Melissa Alexie Le,applicant, stated she reviewed the conditions of approval and was in agreement
with the staff report.She added that she is licensed by the City and the State.
Commissioner Ramirez asked Ms. Le if she has operated this type of business in the past.
Ms. Le said she already has a license in Anaheim and that she also has a business in Yorba Linda.
Commissioner Ramirez stated that operating a massage business until midnight seemed odd.
Ms. Lee responded that most of her business is conducted later in the day. In addition to massage,
she also does permanent makeup and skin care procedures which require a cool temperature
environmentand no sun exposure immediately after the process.
Mr. See added that Ms. Le’s existing license in Anaheim is for massage in a chiropractic office which
is now closed. She wishes to open an all massage establishment without a licensed doctor on the
premises.
Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing.
Commissioner Ramirez stated that one of the required findings is that the proposed land use is
compatible with the surrounding uses and she did not see the compatibility. This establishment does
not fit within the context of the community and it there may potentially be parking issues at the
shopping center.
Chairman Faessel commented that staff indicated a further study as far as parking was concerned
and asked if taking action today would still be appropriate.
Mr. See responded that the parking issue was brought to staff’s attention today and that it was
caused by an unpermitted church in the shopping center. He did not feel Ms. Le’s business should
be burdened with a parking issue caused by the church. The church will need to apply for a
conditional use permit and come before the Commission and justify their parking. That will most likely
necessitate a parking study. Churches require substantially more parking spaces than a massage or
office business.
Ms. Irwin added that as far as the State is concerned, we are no longer able to zone a massage
establishment any different than any other professional use business. A distance requirement
pertaining to schools, no longer applies.
Commissioner Karakioffered a recommendation that the Planning Commission adopt the resolution
attached to the July 19, 2010staff report, determining that a Class 1 Categorical Exemptionis the
appropriate environmental documentation for this request and approving Conditional Use Permit
No.2010-05499 and Variance No. 2010-04822.
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Eleanore Morris,Secretary,announced that the resolution passedwith fouryes votes. Chairman
Faessel and Commissioners Ament,Karaki and Persaud voted yes. Commissioner Ramirez voted
no. Commissioners Agarwal and Seymour were absent.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, July 29, 2010.
DISCUSSION TIME
:20minutes (3:37to 3:57)
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ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2010-05503Resolution No. 2010-056
(DEV2010-00076)
(Persaud)
Owner:
Richter Farms Trust
Approved
c/oInterpacific Asset Management
5505 Garden Grove Boulevard, Suite 150
Westminster, CA 92683
VOTE: 5-0
Applicant:
MariscosLicenciadoChairman Faessel and
Hector Manuel LopezCommissioners Ament, Karaki,
1052 NorthState College BoulevardPersaud andRamirez voted yes.
Anaheim, CA 92806CommissionersAgarwaland
Seymourwereabsent.
Location:1052 North State College Boulevard
The applicantproposes to permit the sale of beer and wine
Project Planner:
Della Herrick
for on-premises consumption within an existing restaurant
dherrick@anaheim.net
(Mariscos Licenciado).
Environmental Determination: CEQA Categorical
Exemption, Class1 (Existing Facilities).
Della Herrick, Associate Planner,provided a summary of the staff report dated July 19, 2010along
with a visual presentation.
Chairman Faesselopened the public hearing.
Mr.Avolevan, representing the applicant, stated theyreviewed the conditions of approval and werein
agreement with the staff report.
Commissioner Karaki asked what was the seating capacity and if itwas a dine in or take out
restaurant.
Mr. Avolevan responded that it is a dine in family restaurant which seats fifteenpeople.
Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing.
Commissioner Persaud stated that he visited the site and found that it was a well run, nicely operated
establishment.
Commissioner Persaudoffered a recommendation that the Planning Commission adopt the resolution
attached to the July 19, 2010staff report, determining that a Class 1 Categorical Exemptionis the
appropriate environmental documentation for this request and approving Conditional Use Permit
No.2010-05503.
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Eleanor Morris,Secretary,announced that the resolution passedwith fiveyes votes. Chairman
Faessel and Commissioners Ament, Karaki, Persaud and Ramirez voted yes. Commissioners
Agarwal and Seymour were absent.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, July 29, 2010.
DISCUSSION TIME
:7minutes (3:58to 4:05)
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ITEM NO. 4
CONDITIONAL USE PERMITNO. 2006-05121B Continued to August 2, 2010
(DEV2010-00039)
(Karaki/Ament)
Owner:
Living Stream,Inc.
Approved
2431 West La Palma Avenue
Anaheim, CA92801
VOTE: 5-0
Applicant:
Phillip SchwartzeChairman Faessel and
The PRS GroupCommissioners Ament, Karaki,
3187 San Juan Creek CirclePersaudandRamirez voted yes.
San Juan Capistrano, CA 92675CommissionersAgarwaland
Seymour wereabsent.
Location:2411 WestLaPalmaAvenue
The applicant requests to amend a previously-approved
Project Planner:
conditional use permit to allow a private nursing and
Vanessa Norwood
vnorwood@anaheim.net
health care vocational college.
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.
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ITEM NO. 5
CONDITIONAL USE PERMIT NO. 2010-05486Resolution No. 2010-057
FINAL SITE PLAN NO. 2010-00001Resolution No. 2010-058
(DEV2009-00083)
(Ament)
Owner:
PAPoon & Son Inc.
16841 Marina Bay Drive
Approved
Huntington Beach, CA 92649-2913
VOTE: 5-0
Applicant:
REP International-Andres Cibotti
Chairman Faessel and
7380 Sand Lake Road, Suite 500
Commissioners Ament, Karaki,
Orlando,FL32819
Persaud and Ramirez voted yes.
Commissioners Agarwal and
Location:2232 South Harbor Boulevard
Seymour were absent.
Theapplicant proposes to convert a former Toys ‘R Us
retail building into the “Battle of the Dance” dinner theater,
including the sale and on-site consumption of alcoholic
beverages. The project includes modifications to the
existing parking lot, building interior and the building
façade, including the application of wall murals.
Project Planner:
Environmental Determination: A Mitigated Negative
Della Herrick
Declaration has been prepared for the project in
dherrick@anaheim.net
compliance with the California Environmental Quality Act
(CEQA).
Della Herrick, Associate Planner, provided a summary of the staff report dated July 19, 2010along
with a visual presentation.
Commissioner Persaud, stated he was pleased with the proposed project. He asked for clarification
regarding the traffic study. The data suggests a high percentage of the clientele would be pedestrian
or transit traffic; and to use the same analogy regarding the pedestrian traffic at the Buena Park
Medieval Times Restaurant in relation to Knott’s Berry Farm, is too liberal.
David Kennedy, Associate Transportation Planner, responded that the traffic study identified four
areas for split reductions. The location of the site is across the street from four major hotels, two of
which are substantial in size. According to the applicant, a significant number of customers will be
hotel patrons seeking entertainment at the conclusion of their convention or after Disneyland has
closed. As for the transit share, the site is located on the busiest transit route in the county. There
are two bus stops within walking distance and they are among the top bus stops in Anaheim. A
Bravostop within walking distance is also proposed once the OCTA Bravoservice opens. There are
three Anaheim Resort Transit shuttles which will also stop at this site. The applicant is working with
ATN to have connection stops at forty hotels to have access via their shuttles, to this site.
Commissioner Persaud asked if the ingress/egress location north of the signalized intersection was
intended to be right-in/ right-out only.
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Mr. Kennedy responded yes.
Commissioner Persaud and Mr. Kennedy engaged in a detailed discussion regarding the
methodologies used to determine Level of Service impacts and assumed traffic distribution patterns.
Commissioner Persaud asked if it would be better to have the drop off at another location as the
proposed location is very narrow.
Mr. Kennedy responded that the on-site drop off location would be subject to code requirementsand
require approval by the Transportation Manager and the Planning Director.
Chairman Faessel noted a correction to the Initial Study, page 98, last paragraph, second sentence,
water usage “per day” should be changed to “per month.”
Chairman Faesselopened the public hearing.
Frankie Flores, project architect,23348 Ridgeway Mission Viejo,stated he was available to answer
any questions.
Commissioner Karaki expressed his disappointment with the current elevations. The façade is poorly
done and should be compatible with the surrounding buildings. He said he expected a better version
when the project is brought back to the Commission.
Mr. Flores said he has done many projects in the Resort area and disagreed that it was poorly
designed.
Chairman Faessel asked Commissioner Karaki for a better idea of the appearance of the finished
project.
Commissioner Karaki said it should have more enhancements.
Mr. Flores stated that he is attempting to make it as attractive as he could, given that the project is
being financed bythe applicant and the funds are limited.
Andres Cibotti, applicant, stated that he was in agreement with all of the conditions of approval.
Andres De Lambert,applicant,Alzina 13, Palma De Mallorca, Spain,spoke about the project and that
he has done similar projects including the Medieval Times in the City of Buena Park.
Angeli Poon, property owner, 18862 Beach Boulevard, #103, Huntington Beach,stated that they own
the property and have made several attempts to redevelop the property and are please with this
application.
Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing.
Commissioner Amentoffered a recommendation that the Planning Commission adopt the resolution
attached to the July 19, 2010 staff report, determining that a Mitigated Negative Declarationis the
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appropriate environmental documentation for this request and approving Conditional Use Permit No.
2010-05486and Final Site Plan No. 2010-00001
.
,
Eleanor Morris, Secretaryannounced that the resolution passedwith fiveyes votes. Chairman
Faessel and Commissioners Ament, Karaki, Persaud and Ramirez voted yes. Commissioners
Agarwal and Seymour were absent.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, July 29, 2010.
DISCUSSION TIME
:50minutes (4:06to 4:56)
MEETING ADJOURNED AT 4:57P.M.
TO MONDAY, AUGUST 2, 2010AT 5:00P.M.
A10-minute break was taken(4:57 to 5:07)
ARTIC EIR WORKSHOP
–A presentation was provided by Public Worksstaff.
DISCUSSION TIME:
1 hour(5:08to6:08)
Respectfully submitted,
Grace Medina
Senior Secretary
Received and approved by the Planning Commission on August 30, 2010.
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