Minutes-PC 2010/08/16City of Anaheim
Planning Commission
Minutes
Monday,August 16, 2010
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Commissioners Present
:Chairman: Stephen Faessel
Todd Ament, Joseph Karaki,Harry Persaud,
Victoria Ramirez, John Seymour
Commissioners Absent
:Peter Agarwal
Staff Present
:
CJ Amstrup, Planning Services ManagerVanessa Norwood, Associate Planner
Jonathan Borrego,Principal PlannerMichele Irwin, Senior Police Services Representative
Mark Gordon, Assistant City AttorneyRaul Garcia, Principal Civil Engineer
Susan Kim, Senior PlannerDavid Kennedy, Associate Transportation Planner
David See, Senior PlannerEleanor Morris, Secretary
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m.
onWednesday,August 11, 2010, inside the display case located in the foyer of the Council
Chamber, and also in the outside display kiosk.
Call to Order–5:00 p.m.
Audience Attendance: 7
Pledge of AllegiancebyCommissioner Ament
Public Comments
Consent Calendar
Public Hearing Items
Adjournment
AUGUST 16, 2010
PLANNING COMMISSION MINUTES
Anaheim Planning Commission Agenda –5:00 P.M.
Public Comments: None
Minutes
ITEM 1A
Motionto approve minutes
Receiving and approving the Minutes from the Planning
Commission Meeting ofJune 21,2010. These minutes (Ament/Karaki)
have been provided to the Planning Commission and are
Approved
available for review at the Planning Department.
VOTE: 4-0
Continued from the August 2, 2010 Planning Commission
Meeting.Chairman Faesseland
CommissionersAment, Karakiand
Ramirezvoted yes.Commissioners
Persaud and Seymour abstained.
Commissioner Agarwal was absent.
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AUGUST 16, 2010
PLANNING COMMISSION MINUTES
Reports and Recommendations
ITEM 1B
CONDITIONAL USE PERMIT NO. 2010-05486Motion
FINAL SITE PLAN NO. 2010-00001
(Seymour/Karaki)
(DEV2009-00083)
Owner:
PAPoon & Son Inc.
Approved
16841 Marina Bay Drive
Huntington Beach, CA 92649-2913
VOTE: 6-0
Applicant:
REP International-Andres Cibotti
Chairman Faessel and
7380 Sand Lake Road, Suite 500
Commissioners Ament, Karaki,
Orlando,FL32819
Persaud, Ramirez and Seymour
voted yes. Commissioner Agarwal
Location:2232 South Harbor Boulevard
was absent.
The applicantrequests review and approval of final elevation
plans forthe “Battle of the Dance” dinner theater.
Project Planner:
Environmental Determination: Apreviously-approved
Della Herrick
Mitigated Negative Declaration has been prepared for the
dherrick@anaheim.net
project in compliance with the California Environmental
Quality Act (CEQA).
Commissioner Karaki asked if staff was in agreement with the proposed plans.
CJ Amstrup, Planning Services Manager stated that staff was supportive of the design with a note
that the signs shown on the elevations are not up to scale and will either need to be approved by a
separate sign variance or revised to meet code.
Commissioner Faessel asked to see the color board.
Commissioner Karaki disclosed that he had previously spoken to the applicant. Heasked the
applicant if any lighting on the building was proposed.
Frankie Flores, 23348 Ridgeway, Mission Viejo, representing the applicant, responded that the
property will not have neon lighting; however, the murals on the building will be illuminated by accent
lighting.
Commissioner Persaud asked if the City has an architectural review committee and if they reviewed
the plans.
Mr. Amstrup responded no. In the past the City has relied on the services of a consultant to provide
such reviews; however, this is no longer the case.
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PLANNING COMMISSION MINUTES
Commissioner Persaud referred to Staff Report, page 2, last paragraph. He asked how the
conclusion of consistency with the Resort standards was drawn if there is no architectural committee.
Mr. Amstrup responded that staff looks at the design and the quality that is expected throughout the
Resort Area and weighing those against the established expectations.
Commissioner Persaud said he thought the City had certain guidelines, especially in areas such as
The Resort or the Platinum Triangle.
Mr. Amstrup stated the City does not have prescribed architectural styles. It has requirements for
parkways and perimeter treatments for projects and this is consistent with those. It is a generally
qualitative review of the general quality of the architecture and materials used and the consistency of
the surrounding development.
Commissioner Persaud said that a subjective evaluation could lead to inconsistencies in the future.
Jonathan Borrego, Principal Planner added that within the Anaheim Resort Specific Plan and the
Platinum Triangle Master Land Use Plan area there are some general design guidelines that projects
are reviewed against. In this case, with the Battle of the Dance plans, Della Herrick, the project
planner did look at the guidelines that are contained within the Anaheim Resort Specific Plan that
deal with massing and landscaping. There are also some guidelines in terms of which materials and
general colors that area allowed. Ms. Herrick found that they were all consistent with the guidelines.
Commissioner Persaud complimented the applicant on the appearance of the project.
Dennis Causier, representing the applicant, thanked the Commission for their comments.
Chairman Faessel,seeing no other persons indicating to speak, closed the discussion.
Commissioner Seymour offered a motion seconded by Commissioner Karaki,that the Planning
Commission adopt the resolution attached to the August 16, 2010 staff report, determining that a
previously-approvedMitigated Negative Declarationis the appropriate environmental documentation
for this request and approving Final Site Plan No. 2010-00001.
Mark Gordon, Assistant City Attorney,announced that the motion carried with no opposition.
Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes.
Commissioner Agarwal was absent.
(This item waspulled for separate discussion)
DISCUSSION TIME
:8 minutes (5:08to 5:16)
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Public Hearing Items:
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2001-04441A
Resolution No. 2010-066
(DEV2010-00107)
(Persaud)
Owner:
Ledger & Gladys Smith
151 Miramonte Drive
Approved
Fullerton, CA 92835
Scott Ramser
VOTE: 6-0
2222 Howell Avenue, L.P.
Chairman Faessel and
1711 Pomona Avenue
Commissioners Ament, Karaki,
Costa Mesa, CA 92627
Persaud, Ramirez and Seymour
voted yes.Commissioner Agarwal
Applicant:
Phillip Schwartze
was absent.
PRS Group
31872 San Juan Circle
San Juan Capistrano, CA 92675
Location:2225 East Katella Avenue
The applicant proposes to amend or delete a condition of
Project Planner:
Vanessa Norwood
approval pertaining to a time limitation for an auto collision
vnorwood@anaheim.net
repair and auto rental facility.
Environmental Determination: CEQA Categorical
Exemption, Class1 (Existing Facilities).
Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 16, 2010
along with a visual presentation.
Phillip Schwartze, 31103 Rancho Viejo Road, Suite D-2260, San Juan Capistrano, representing the
applicant, stated that staff indicated they were requesting a deletion of the timeframe on the project.
Chairman Faesselopened the public hearing.
Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing.
Commissioner Persaudoffered a recommendation that the Planning Commission adopt the resolution
attached to the August 16, 2010staff report, determining that a Class 1 Categorical Exemptionis the
appropriate environmental documentation for this request and approving Conditional Use Permit
No.2001-0441A.
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Mark Gordon, Assistant CityAttorney, announced that the resolution passedwith six yes votes.
Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes.
Commissioner Agarwal was absent.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, August 26, 2010.
DISCUSSION TIME
:4minutes (5:17to 5:21)
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ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2010-05509
Resolution No. 2010-067
(DEV2010-00090)
(Seymour)
Owner:
Anaheim Investors II
PM Realty Group
Approved
3990 Westerly Place, #140
Newport Beach, CA 92660
VOTE: 6-0
Applicant:
Zabi Subat
Chairman Faessel and
The Canyon Grill
Commissioners Ament, Karaki,
1071 NorthTustin Avenue, #110
Persaud, Ramirez and Seymour
Anaheim, CA 92807
voted yes. Commissioner
Agarwal was absent.
Location:1071 North Tustin Avenue, Suite 110
The applicant proposes to permit an outdoor seating area
with the service of alcoholic beverages in conjunction with
an existing restaurant.
Environmental Determination: CEQA Categorical
Project Planner:
Exemption, Class1 (Existing Facilities).
Vanessa Norwood
vnorwood@anaheim.net
Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 16, 2010
along with a visual presentation.
Commissioner Persaud stated that he visited the site and observed a banner strung up betweentwo
uprights. He asked if this was customary or acceptable.
Ms. Norwood responded that typically a temporary sign would be allowed under a Special Event
Permit.
Jonathan Borrego, Principal Planner added that Special Event Permits require banners to be affixed
to the building and that staff would follow up on his observation.
Zabi Subat, applicant, stated hereviewed the conditions of approval and was in agreement with the
staff report.
Commissioner Karaki asked what type of food would be served at this restaurantand that he did not
know they existed at this location.
Mr. Subat responded that American food, pasta, pizza, sandwiches, hamburgers, and some
Mediterranean dishes wouldbe served.He said his building is away from the main street and it is a
challenge to bring in customers. They distribute flyers to the surrounding businesses. The approval
of the conditional use permit would help his business succeed. He is not promoting that he is open
for dinner yet.
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Commissioner Seymour asked if the addition will double the seating capacity.
Mr. Subat responded that it does increase the seating capacity.
Commissioner Persaud asked if he was only open during the week.
Mr. Subat they are open Monday through Friday for lunch and dinner, Saturday for dinner only, and
closed on Sunday.
Chairman Faessel asked Mr. Subat to work with staff regarding the banner currently being displayed
at his business.
Chairman Faesselopened the public hearing.
Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing.
Commissioner Seymouroffered a recommendation that the Planning Commission adopt the
resolution attached to the August 16, 2010staff report, determining that a
Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and
approving Conditional Use PermitNo.2010-2010-05509.
Mark Gordon, Assistant City Attorney,announced that the resolution passedwith six yes votes.
Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes.
Commissioner Agarwal was absent.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, August 26, 2010.
DISCUSSION TIME
:9minutes (5:22to 5:31)
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AUGUST 16, 2010
PLANNING COMMISSION MINUTES
ITEM NO. 4
CONDITIONAL USE PERMITNO. 2008-05342A Resolution No. 2010-068
DETERMINATION OF PUBLIC CONVENIENCE OR Resolution No. 2010-069
NECESSITY NO. 2008-00049A
(Karaki)
VARIANCE NO. 2001-04825*
(DEV2010-00100)CUP
Approved, revised conditionsof
Applicant/approval regarding off-site
Rob Gundling
Owner:parking arrangements.
OC Custom Wine
1211 NorthLas Brisas Street
PCN
Anaheim, CA92806
Approved
Location:1211 North Las Brisas Street
VOTE: 6-0
The applicantproposes to amend a previously-approved
Chairman Faessel and
conditional use permit to allow for private party and banquet
Commissioners Ament,Karaki,
events, and also proposes to modify conditions of approval
Persaud, Ramirez and Seymour
pertaining to hours of operation in conjunction with an
voted yes. Commissioner Agarwal
existing winery, with less parking than allowed by code.
was absent.
Environmental Determination: CEQA Categorical
Exemption, Class1 (Existing Facilities).
Project Planner:
*A previously-noticed variance request related to the
Della Herrick
maximum permitted sizeof a wall sign and logo has been
dherrick@anaheim.net
deleted.
Dave See, Senior Planner, provided a summary of the staff report dated August 16, 2010 along with a
visual presentation.
Commissioner Persaud stated he visited the site during the past weekend. He referred to the
reciprocal parking arrangement and asked what happens during Monday through Thursday when the
other uses in the area are prevalent and maybe using some of the parking spaces. The subject use
has the right to have 40 patrons on the site. He indicated if you look at the center as a whole, giving
the various uses that are there and asked is there sufficient parking during the weekdays, during the
afternoon peak hours for all the uses.
Jonathan Borrego, Principal Planner, responded the total required for the facility is 18 parking spaces
and the applicant is providing 10 parking spaces on site. Staff believes basedon the typical hours of
operation that there would be sufficient parking on-site for that use. He referred to the parking
arrangements and stated when staff formulated the conditions of approval for the subject request,
staff did specify that group events, including larger parties couldn’t occur until after 4:30 p.m. on
weekdays. He stated staff felt that at the time they would be experiencing its peak parking demand it
would only be allowed after 4:30 p.m. on weekdays, and staff believes there is sufficient parking. He
referred to Condition No. 12 of the draft resolution for the conditional use permit regarding the need
for them to obtain an off-site parking permit, staff recommended that the applicant shall ensure that a
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PLANNING COMMISSION MINUTES
minimum of 8 additional off-site parking spaces are available after 4:30 p.m., on weekdays during
weekend operating hours, and that was because the peak period would be taking place after 4:30
p.m., on the weekdays.
Commissioner Karaki stated he visited the site and concurs with Commissioner Persaud’s concerns.
Chairman Faessel referred to page 2 of the staff report regarding the current hours of operation and
the limitation of patrons and asked for staff’s clarification regarding the proposed hours of operation
and the number of patrons.
Mr. Borrego stated it is his understanding that the existing 8 occupancy would be the typical day time
operations and the higher occupancy would only take place after 4:30 p.m., and he asked the
applicant to address the question for clarification.
Chairman Faessel opened the public hearing.
Steve Van Horn, General Manager of OC Custom Wine, responded that they are mainly looking at
evening and mostly weekend operations. Typically, the reason they put during day hours would be to
allow for a Holiday that lands on Monday-Friday, and the day time hours is used for wholesale and
retail sales. The evening hours would be for small banquets and parties.
Chairman Faessel stated having been a patron at the subject facility, he can attest for the need to
have more flexibility on the evening hours.
Commissioner Karaki asked how many people the facility accommodates.
Mr. Van Horn responded 40, and stated he believes there is more than sufficient parking available.
Commissioner Karaki asked if they serve food.
Mr. Van Horn responded they have a kitchen, but mainly would be using caters to use their facilities
to make food for the banquets.
Commissioner Persaud stated his question raised on the parking is not intended to discourage
anything; he wants to ensure they have sufficient reciprocal parking arrangements.
Mr. Van Horn stated based on the size of the building is where they came up with the 40 occupancy
limit, but he has had 60-80 people in the facility without any issue. He realized he was basically
waiting for somebody to give him an occupancy limit, and until he received the occupancy limitation
he was basically going by what fit into the building comfortably. He indicated that they agree with
dropping the occupancy to 40, and they will work with it.
Mr. Borrego stated the 40 occupancy limitation is actually based on the building occupancy limitation.
Commissioner Persaud expressed his approval of the subject request and suggested revising the
necessary conditions of approval, therefore having staff work with the applicant on the parking
arrangements.
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Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing.
Further discussion took place amongst the applicant, Planning Commissioners and staff regarding
revisingthe conditions of approval pertaining to the parking and occupancy issues raised today.
Commissioner Karakioffered a recommendation that the Planning Commission adopt the resolution
attached to the August 16, 2010 staff report, determining that a Class 1 Categorical Exemptionis the
appropriate environmental documentation for this request and approving Conditional Use Permit
No.2008-05342A, Determination of Public Convenience or Necessity No. 2008-00049A and Variance
No. 2001-04825.
Mark Gordon, Assistant City Attorney, announced that the resolution passedwith six yes votes.
Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes.
Commissioner Agarwal was absent.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, August 26, 2010.
DISCUSSION TIME
:26minutes (5:32to 5:58)
MEETING ADJOURNED AT 6:00P.M.
TO MONDAY, AUGUST 30, 2010AT 5:00P.M.
Respectfully submitted,
Eleanor Morris
Secretary
Received and approved by the Planning Commission on September 27, 2010.
08/16/10
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