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Minutes-PC 2010/10/25City of Anaheim Planning Commission Minutes Monday,October 25, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Stephen Faessel Peter Agarwal, Joseph Karaki,Harry Persaud (arrived at 5:07) John Seymour Commissioners Absent :Todd Ament, Victoria Ramirez Staff Present : CJ Amstrup, Planning Services ManagerVanessa Norwood, Associate Planner Jonathan Borrego,Principal PlannerRaul Garcia,Principal CivilEngineer Mark Gordon, Assistant City AttorneyDavid Kennedy, Associate Transportation Planner David Gottlieb, Redevelopment ManagerSergio Ramirez, Project Manager II David See, Senior PlannerEleanor Morris,Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m. onWednesday,October 20, 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, October 14,2010 Call to Order–5:00 p.m. Audience Attendance:13 Pledge of AllegiancebyCommissioner Karaki Public Comments Discussion–Presentation by Redevelopment Agency staff regarding the history and status of the Westgate Shopping Center project Consent Calendar Public Hearing Items Adjournment OCTOBER 25, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda –5:00 P.M. Public Comments: None Discussion: A presentation was provided by David Gottlieb, Redevelopment Manager,regarding thehistory and status of the Westgate Shopping Center project. Discussion:23 minutes (5:05-5:28) Minutes ITEM NO. 1AMotionto continueminutesto November 8, 2010 Receiving and approving the Minutes from the Planning (Karaki/Seymour) Commission Meeting of September 27, 2010. Approved VOTE: 5-0 Chairman Faesseland Commissioners Agarwal, Karaki, Persaud and Seymourvoted yes. Commissioners Ament and Ramirez . wereabsent Reports and Recommendations Motion ITEM NO. 1B (Karaki/Seymour) CONDITIONAL USE PERMIT NO. 2008-05308A (DEV2010-00160)Approved Applicant/VOTE: 5-0 Owner: David Gottlieb Chairman Faessel and Commissioners Agarwal, Karaki, Anaheim Redevelopment Agency Persaud and Seymour voted yes. 201 S. Anaheim Boulevard Commissioners Ament and Ramirez Anaheim, CA 92805 were absent. Location:200-300 North Beach Boulevard Project Planner: The applicant requests review and approval of final site David See and elevation plans for Westgate shopping center dsee@anaheim.net (Phase 1 -Winco supermarket). Environmental Determination: A previously-certified Final Environmental Impact Report is the appropriate environmental documentation for the proposed action. 10/25/10 Page 2of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 RECLASSIFICATION NO. 2010-00241Resolution No. 2010-109 (DEV2010-00155) (Seymour) Owner/ Applicant:Approved Anaheim Redevelopment Agency Sergio Ramirez, Project Manager II 201 South Anaheim Boulevard, Suite 1003 VOTE: 4-0 Anaheim, CA 92805 Chairman Faessel and Commissioners Agarwal, Persaud Location:Area A: Six parcels consisting of 8.43 acres and Seymour voted yes. 1200-1320 South Anaheim and located at Commissioner Karaki abstained. Boulevard, and 1207 South Claudina Street Commissioners Ament and Ramirez were absent. Area B: These two parcels consist of 3.26 1601 South Anaheim acres located at Boulevard. Project Planner: ACity-Initiated request to rezone the subject properties Scott Koehm from the Industrial (I) zone to General Commercial (C-G) skoehm@anaheim.net zone designation. Environmental Determination: Previously-certified EIR 330 has been determined to serve as the appropriate environmental documentation for this request. Dave See, Senior Planner, provided a summary of the staff report dated October 25, 2010,along with a visual presentation. Chairman Faesselasked what type of businesses would beproposed for Area B. Sergio Ramirez, Project Manager II, stated the Redevelopment Agency is proposing to issue a Request for Proposal(RFP)in the next few months to solicit development projects on the subject sites. Area A and Area B are two of several Redevelopment Agency-owned properties that they will be issuing anRFPfor. The Agency is interested in pursuing quality commercial development projects for the subject sites; that would include commercial uses such as retailstores, shopping centers, restaurants, officesand potential hotel uses on Site A because of its close proximity to the resort area and the I-5 freeway. Chairman Faessel asked if there could potentially becommunity uses for Area B. 10/25/10 Page 3of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES Mr. Ramirez responded they could look at community usesas long as theymeet the retail requirements and the zoning guidelines.He explained that the objective of the Agency and the City would be to acquire retail and commercial uses that would generate property and sales tax. Commissioner Persaudasked when a RFP is processed, do they provide any guidance for the respondents recommending certain type of uses for the area. Mr. Ramirezresponded the RFP would provide specific conditions and characteristics that the Agency seeks to achieve in each proposal,this would include a detailed review of the architecture, types of jobs being generated, and landscape improvements.The Agency can accept the proposal and move it forward, or they can decide to continue to hold the property and pursue a RFP at another time. Chairman Faesselopened the public hearing and asked if anyone was present to speak on the item, seeing no other personsindicating to speak, he closed the public hearing. Commissioner Seymour offered a recommendation that the Planning Commission adopt the , resolution attached to theOctober 252010 staff report, determining that a previously-certified EIR 330 has been determined to serve as the appropriate environmental documentation for this request andapproving Reclassification No. 2010-00241 (DEV2010-00155). Eleanor Morris, Secretary announced that the resolution passedwith fouryes votes. Chairman Faesseland Commissioners Agarwal, Persaud and Seymour voted yes. Commissioner Karaki abstained. Commissioners Ament and Ramirez were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 4, 2010. DISCUSSION TIME :8minutes (5:30to 5:38) 10/25/10 Page 4of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 CONDITIONAL USE PERMIT NO. 1424AResolution No. 2010-110 (DEV2010-00149) (Agarwal) Owner: Bishop of the Protestant Episcopal Church Approved 1711 Pomona Avenue Costa Mesa, CA 92627 Scott Ramser VOTE: 5-0 2222 Howell Avenue, L.P. Chairman Faessel and 1711 Pomona Avenue Commissioners Agarwal, Karaki, Costa Mesa, CA 92627 Persaud and Seymour voted yes. Commissioners Ament and Applicant: Phillip Schwartze Ramirez were absent. PRS Group 31872 San Juan Circle San JuanCapistrano, CA 92675 Location:2221-2225 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 automobile vnorwood@anaheim.net sales dealership with independent auto finance and automotive repair uses on-site. 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 October 25, 2010,along with a visual presentation. Commissioner Persaud referred to the deletion of the time limitation and asked ifthey can operate during all days and hours. Ms. Norwood clarified they are not restricting the hours of operation, but that the project had a time limitation that pertained to the length of time it was approved to be in operation. Therefore, the applicant is requesting deletion of the time limitation. Chairman Faessel stated within the last year the applicant has come before the Planning Commission with a change in one of the properties on the site and it was determined that there was no longer a need for a time limitation; therefore,approval of the subject request would make the rest of the property consistent. 10/25/10 Page 5of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES Ms. Norwood responded that is correct. Chairman Faesselopened the public hearing. Phillip Schwartze, applicant, stated he had reviewed the conditions of approval and was in agreement with the staff report. Chairman Faessel 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 recommendationthat the Planning Commission adopt the resolution attached to the October 25, 2010 staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving amendment to Conditional Use Permit No. 1424 (DEV2010-00149). Eleanor Morris, Secretary announcedthat theresolution passedwith five yes votes. Chairman Faessel and Commissioners Agarwal, Karaki, Persaud and Seymour voted yes. Commissioners Ament and Ramirez were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 4, 2010. DISCUSSION TIME :4minutes (5:39to 5:43) 10/25/10 Page 6of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2001-04318A Resolution No. 2010-111 (DEV2010-00150) (Seymour) Applicant/ Owner:Approved Bob Kopeny Calvary Chapel East Anaheim 5605 E. La Palma Ave. VOTE: 5-0 Anaheim, CA 92807 Chairman Faessel and Commissioners Agarwal, Karaki, Agent: Terry Jacobson Persaud and Seymour voted yes. J7 Architecture, Inc. Commissioners Ament and 20361 Irvine Ave., Studio B-2 Ramirez were absent. Newport Beach, CA 92660 Location:5605 East La Palma Avenue Project Planner: The applicantproposes to amend a previously-approved David See conditional use permit to permit the expansion of an dsee@anaheim.net existing church. 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,SeniorPlanner, provided a summary of the staff report dated October 25, 2010, along with a visual presentation.He stated two letters of support were received from adjacent property owners. Commissioner Persaud asked how much additional traffic is anticipated for the site. David Kennedy, Associate Transportation Planner, responded he would need to research that information. Commissioner Agarwal referred to the parking arrangement and asked if it would be recorded as part of the conditional use permit. Mr. See responded Condition No. 6 requires the applicantto apply for an off-site parking permit which is processed by Planning Department staff and that would ensure that there is a recorded agreement between the properties and ensures that the peak operating hours don’t conflictwith each other. Commissioner Agarwal asked what happens if Westcom Credit Union relocates and the new tenant’s parking needs conflicts with the church’s parking needs. 10/25/10 Page 7of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES Mr. See responded the conditional use permit is contingent upon the parking arrangements proposed and the off-site parking permit is maintained with the Planning Department’sfiles. Also, the parking agreement is very specific as to the hours that are available for each use. Commissioner Persaud clarified that the parking arrangement is a public document. Mr. See responded yes. Chairman Faessel indicated the parking arrangements runs with the land; therefore,if another firm acquires the property they would have to accept the stipulation that the parking agreement is still on fileand must be adheredtoat all times. The new business would have to obtain approval from the church and the City before modifying the parking agreement. Mr. See responded that is correctand confirmed that the agreement isarecorded document that runs with the land. Commissioner Agarwal asked who ownedthe property. Mr. See responded Westcom is the owner of the property, and Calvary Church is the owner of the property to the north of Westcom. Chairman Faesselopened the public hearing. Bob Kopeny, applicant, stated he had reviewed the conditions of approval and was in agreement with the staffreport. Chairman Faessel expressed his familiarity with the parking concerns for the area, and stated he was impressed with the two documents received from Westcom and Micrometals supporting the parking arrangements. Terry Jacobson, architect and agent,stated he is present to answer any questions. Chairman Faessel asked if anyone was present to speak on the item, seeing no other persons indicating to speak, he closed the public hearing. Commissioner Agarwal referred to traffic studies and asked are future projectstaken into account. Mr. Kennedy described the process in which future build-out is accounted for. Further discussion took place amongst Planning Commissioners and Mr. Kennedy regarding traffic studies and trip generations. Commissioner Seymouroffered a recommendation that the Planning Commission adopt the resolution attached to the October 25, 2010 staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving amendment to Conditional Use Permit No. 2001-04318(DEV2010-00150). 10/25/10 Page 8of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES Eleanor Morris, Secretary announcedthat the resolution passedwith five yes votes. Chairman Faessel and Commissioners Agarwal, Karaki, Persaud and Seymour voted yes. Commissioners Ament and Ramirez were absent. OPPOSITION: None IN SUPPORT: Two pieces of correspondencewerereceivedin favor of the subject request. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 4, 2010. DISCUSSION TIME :20minutes (5:44to 6:04) 10/25/10 Page 9of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES ITEM NO. 5 RECLASSIFICATION NO. 2010-00240 Resolution No. 2010-112 TENTATIVE TRACT MAP NO. 17393 Resolution No. 2010-113 CONDITIONAL USE PERMIT NO. 2010-05523 Resolution No. 2010-114 (DEV2010-00134) (Karaki) Owner: Javier M. Brito 11962 Daniel Avenue Approved Garden Grove, CA 92840 Applicant: Melia Homes VOTE: 5-0 Chad Brown, Development Manager Chairman Faessel and 660 Newport Center Drive, Suite 1050 Commissioners Agarwal, Karaki, Newport Beach, CA 92660 Persaud and Seymour voted yes. Commissioners Ament and Location:2248 South Loara Street Ramirez were absent. The applicant proposes to: rezone this property from the RM-2 (Multiple Family Residential) zone to (RS-4) Single Project Planner: Family Residential zone designation; establish a 1-lot, 5- Vanessa Norwood unit residential subdivision and permit the construction of vnorwood@anaheim.net five single-family residences with modified rear yard and side yard setbacks. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 15 (Minor Land Divisions) and Class 32 (In-Fill Development Projects). Vanessa Norwood,AssociatePlanner, provided a summary of the staff report dated October 25, 2010,along with a visual presentation. Chairman Faesselopened the public hearing. Chad Brown, applicant, clarified that the garage setback along the north is a side yard setback and is 6 foot, 3 inches,not 5 feetwhich is the minimum standard. The second story portions ofthe homes are setback 13 feet, 6 inchesas opposed to what the side setback may normally be. The site is currently a vacant site, and has been vacant for a number of years. Aprevious application was approved for this site for a 5-unit multi-family attached project that was approved by the Planning Commission around 2007-08but never built. He stated they are requesting a zone change because there is a provision in the RM-3 zoning which doesn’t allow detached condominiums unless they are built in connection with attached residenceson the site. He explained that part of the reason they set the garages back was to have them live and 10/25/10 Page 10of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES operate much as a single-family detached house. In concluding, he requested approval of the subject request. Commissioner Persaud asked what the access location is for the site. Mr. Brown responded the access is off Loara Street. Commissioner Agarwal asked why the requested zone change, why couldn’t the applicant build 5 detached homes when it was approved for multiple residences. Ms. Norwood responded RM-3 requires that the units be attached and they were proposing a detached product; therefore the RS-4 works better for them and providedflexible setback standards as well. Further discussion amongst Commissioner Agarwal, staff and Mr. Brown took place regarding the setback standards. Chairman Faessel clarified with Ms. Norwood that in order for the applicant to build a detached product would require a zoning change. Ms. Norwood responded yes. Chairman Faessel clarified that the appropriate zone would be RS-4 based upon the design that the applicant is selecting. Ms Norwood responded yes, it allows the applicant the flexibilityneeded to accommodate the proposed site plan. Chairman Faessel stated the unit furthest west in the neighborhood is a reverse of the one immediately adjacent and asked if that was due to the proposedhammerhead turnaround. Mr. Brown responded yes. Chairman Faessel suggested aconsideration to mixingit up on the third or fourth one over so it’s not so repetitive.He stated he likes the change up on themost western unit and the unit immediately east of that. He asked if the repetitive nature chosen because you needed to do the flip based upon the hammerhead turnaround. Mr. Brown responded the design is not only because of the hammerhead turnaround, but also has to do with the master bedroom design which is over the top of the garage. The second reason would be if we have garage-to-garage it would end up with a different scenario with the master bedrooms facing one another and there is a change to the yard pattern that occurs. Currently, there is a fully- independent private yard as in a single family house, and there is a fence and the activities wouldn’t be shielded and/or isolated by the primary portions of the structures. Chairman Faessel asked Mr. Brown has there been any communication with the immediate neighbors and/or the West Anaheim Neighborhood Development Council (WAND). 10/25/10 Page 11of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES Mr. Brown responded they haven’t spoken with WAND, part of the reason is that currently there is an entitlement of the propertyfor the 5 multi-family attached units. They have spoken to the apartment owner to the south, very early in the process,and informed them of the plans.He hasn’t had the opportunity to speak with the surrounding property owners;there are one ortwo potential houses that are adjacent to them on the east side of the property. Chairman Faessel asked Mr. Brown if there has been any communication with the school or the City of Garden Grove. Mr. Brown responded he hasn’t spoken with anyone from the school district but has spoken with numerous departments with the City of Garden Grove, particularly with the Public Works Department because there are some shared facilities that exist within Loara. Commissioner Persaud asked staff when future zone code amendments are proposed can flexibility be allowed for discretion of an administrative action review rather than a zone change in order to expedite the process and for cost savings. Mark Gordon, Assistant City Attorney, responded no they could not processit atan administrative level, any reclassification of the property would require a public hearing. Commissioner Persaud asked does the City have any process to change the zoning other than a public hearing process. Mr. Gordon responded no, and includedit wouldn’t be allowed under State law. Chairman Faessel asked if anyone was present to speak on the item. Lorraine Smith, 2251 S. Loara Street, stated she lives directly across from the subject parcel and stated she would like to see the property developed but would like a few concerns addressed. She stated there is an apartment complex adjacent to them and there are problems with parking because there is not enough parking for the complex. Therefore, she wants to ensure there is significant parking for the proposed homes.Thepreviously-approved townhomes were going to have tandem parking in the garage and wasn’t sure if that is the same plan. She asked if there is parking in front of the proposed homes, and if visitors would be utilizing street parking. Also, are they planning to sell or lease the homes?She asked how the common areas will be maintained. Mr. Brown stated adjacent to the driveway of the existing apartment complex there are red curbs and those would be eliminated with their proposal and the parking would be regained. Also, the proposed project provides more parking than the previously approved 5-unit attached multi-family project; they are providing 4 spaces per unit, two in the enclosed garage and two full length driveways, which is standard to the code requirements for a single-family detached house. Chairman Faessel clarified that they are not tandem parking, but full width garages. Mr. Brown responded that is correct, they are two car side-by-side, standard enclosed garages with full length/full widthdriveways in front of each. 10/25/10 Page 12of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES Chairman Faessel clarified with Ms. Norwood that they meet the code requirement for parking which is 20 spaces. Ms. Norwood responded that is correct. Mr. Brown further addressed the questions raised and stated that the homes will be sold. Also, there will be a homeowners association that will be responsible for maintaining the front yard landscaping as well as the parkway landscaping that fronts the property, and along the 5-foot landscape area that is adjacent between the subject property and the school site. Chairman Faessel asked if the homeowners association would be able to enforce that the garages be used for parking and not solely for storage. Mr. Brown responded yes. Chairman Faessel closed the public hearing. Commissioner Karaki referred to the plans of the proposed project and expressed his approval. Commissioner Karakioffered a recommendation that the Planning Commission adopt the resolution attached to the October 25, 2010 staff report, determining that a Class 15 and Class 32Categorical Exemption is the appropriate environmental documentation for this request and approving Reclassification No. 2010-00240, Tentative Tract Map No. 17393, Conditional Use Permit No. 2010- 05523 (DEV2010-00134). Eleanor Morris, Secretary announcedthatthe resolution passedwith five yes votes. Chairman Faessel and Commissioners Agarwal, Karaki, Persaud and Seymour voted yes. Commissioners Ament and Ramirez were absent. OPPOSITION: None IN GENERAL: Onepersonrelayed general concerns/questionspertaining toparking,plans to sell or lease homes, and maintenance of the common areas. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 4, 2010. DISCUSSION TIME :25minutes (6:05to 6:30) 10/25/10 Page 13of 14 OCTOBER 25, 2010 PLANNING COMMISSION MINUTES MEETING ADJOURNED AT 6:35P.M. TO MONDAY, NOVEMBER 8, 2010AT 5:00P.M. Respectfully submitted, Eleanor Morris Secretary Received and approved by the PlanningCommission on January 19, 2011. 10/25/10 Page 14of 14