Minutes-PC 2011/01/19City of Anaheim
Planning Commission
Minutes
Wednesday,January 19, 2011
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Commissioners Present
:Chairman: Stephen Faessel
Peter Agarwal, Todd Ament, Joseph Karaki,
Harry Persaud, Victoria Ramirez, John Seymour
Commissioners Absent
:None
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 See, Senior PlannerMichele Irwin, Senior Police Services Representative
Scott Koehm, Associate PlannerGrace Medina, Senior Secretary
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m.
onWednesday,January 12, 2011, 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: 15
Pledge of AllegiancebyCommissioner Ramirez
Public Comments
Consent Calendar
Public Hearing Items
Adjournment
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PLANNING COMMISSION MINUTES
Anaheim Planning Commission Agenda –5:00 P.M.
Public Comments: None
Minutes
ITEM NO. 1AMotionto approve minutes
(Seymour/Persaud)
Receiving and approving the Minutes from the Planning
Approved
Commission Meeting of October 25, 2010.
VOTE: 5-0
Chairman Faesseland
Commissioners Agarwal, Karaki,
Persaudand Seymourvoted yes.
Commissioners Ament and
Ramirez abstained.
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Public Hearing Items:
ITEM NO. 2
VARIANCE NO. 2010-04837Resolution No. 2011-001
(DEV2010-00171)
(Seymour)
Owner:Approved
Thai Trieu
436 SouthWestridge Circle
VOTE: 7-0
Anaheim, CA 92807
Chairman Faessel and
Location:436 South Westridge Circle
Commissioners Agarwal, Ament,
Karaki, Persaud, Ramirez and
The applicant proposes to permit the expansion of an Seymour voted yes.
existing single-family residence with a side yard setback
less than required by code.
Environmental Determination: The proposed action is
Project Planner:
Scott Koehm
Categorically Exempt from the requirement to prepare
skoehm@anaheim.net
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines -Class 1
(Existing Facilities).
Scott Koehm, AssociatePlanner, provided a summary of the staff report dated January 19, 2011,
along with a visual presentation.
Chairman Faesselopened the public hearing.
Thai Trieu, applicant, stated hehad reviewed the conditions of approval andwas in agreementwith
the staff report.
Chairman Faessel asked if anyone was present to speak on the item.
Nam Lee,438 S. Westridge Circle, Anaheim, stated he wanted to ensure that the proposed request is
only for the top of the garage on the east side of the building.
Mr. Koehm responded yes, the addition would only be on top of the garage.
Chairman Faessel closed the public hearing.
CommissionerSeymouroffered a recommendation that the Planning Commission adopt the
resolution attached to the January 19, 2011staff report, determining that a Class 1 Categorical
Exemption is the appropriate environmental documentation for this request and approving Variance
No. 2010-04837(DEV2010-00171).
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Grace Medina,Senior Secretary announced that the resolution passedwith seven yes votes.
Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud, Ramirez and Seymour
voted yes.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Monday, January 31,2011.
DISCUSSION TIME
:8minutes (5:04to 5:12)
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ITEM NO. 3
CONDITIONAL USE PERMIT NO. 319AResolution No. 2011-002
(DEV2010-00147)
(Ament)
Owner:
Massoud Malek Smailey
Approved
1323 Carob Circle
Fountain Valley, CA 92708
Applicant:VOTE: 7-0
Jesus Perez
nd
8239 -2StreetChairman Faessel and
Downey, CA 90241Commissioners Agarwal, Ament,
Karaki, Persaud, Ramirez and
Location:950 North Anaheim Boulevard
Seymour voted yes.
The applicant proposes to permit the expansion of an
existing tire repair facility.
Environmental Determination: The proposed action is
Project Planner:
Scott Koehm
Categorically Exempt from the requirement to prepare
skoehm@anaheim.net
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines -Class 1
(Existing Facilities).
Scott Koehm, Associate Planner, provided a summary of the staff report dated January 19, 2011,
along with a visual presentation.
Commissioner Agarwal stated he’s aware of the code enforcement case on the property and asked
staff how many carswere being repaired outside of the facility.
Mr. Koehm responded he is not sure exactly how many cars were noted per the code enforcement
violation but indicated he drives past the location to and from work and typically there are about two
cars outside of the service bays.
Commissioner Agarwal expressed that he believes the proposed expansion would be sufficient in
alleviating the overflow of cars.
Chairman Faesselopened the public hearing.
Jesus Perez, applicant, stated hehad reviewed the conditions of approval andwas in agreementwith
the staff report.
Commissioner Ramirez referred to the storage of tires on the side of the building, and stated it is
messy and that the screening on the fence doesn’t cover it up. She asked the applicant if they are
planning to add additional screening.
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Mr. Perez responded the plan is to get rid of all the old tires,and the other plan is to have the pick-up
service completed twice a week asnecessary. He stated code enforcement has concernsregarding
work being done outside and indicated it is not a mechanical shop, just a tire shop; and vehicles
either come by a tow truck orsomeone will drivein slowly with aflat tire, but replacing the tire is done
inside the buildingnot outside the facility.
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 Amentoffered a recommendation that the Planning Commission adopt the resolution
attached to the January 19, 2011staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
319A(DEV2010-00147).
Grace Medina,Senior Secretary announced that the resolution passedwith seven yes votes.
Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud, Ramirez andSeymour
voted yes.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Monday, January 31,2011.
DISCUSSION TIME
:8minutes (5:12to 5:20)
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ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2010-05534Resolution No. 2011-003
PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00073 Resolution No. 2011-004
(DEV2010-00173)
(Agarwal)
Owner:CUP
Theorodorus M. Daskalakis
Modified Condition No. 12,
P.O. Box 3880
pertaining to lighting
Anaheim, CA92803
requirement.
Applicant:
SherrieOlson
Approved
PLSC
1030 North Mountain Avenue
VOTE: 6-1
Ontario, CA 91764
Chairman Faessel and
Location:2796 West Ball Road
Commissioners Agarwal, Ament,
Karaki, Persaud, and Seymour
The applicant proposes to establish a convenience market voted yes.Commissioner
(7-Eleven) with the sale of beer and wine for off-site Ramirez voted no.
consumption.
Environmental Determination: The proposed action is
Project Planner:
Vanessa Norwood
Categorically Exempt from the requirement to prepare
vnorwood@anaheim.net
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines -Class 1
(Existing Facilities).
Vanessa Norwood, AssociatePlanner, provided a summary of the staff report dated January 19,
2011,along with a visual presentation.
Commissioner Agarwal thanked staff for including the justification for the public convenience or
necessity with their packet material, as it provides information he needs to make an informed
decision.
Commissioner Seymour asked what types of crime occurs in the area that increases the percentage
up.
Michele Irwin, Senior Police Services Representative, responded vehicle and business related thefts
are the highest crime, and simple assaults being arguments with no injury or weapons involved.
Commissioner Persaud asked if it is unusual to have a facility with a liquor license in closeproximity
to a school.
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Ms. Irwin responded there are other locations within the citythat are near schools and that the
Department of AlcoholicBeverage Control (ABC) informsthe school district when there is an ABC
application for an alcohol license within 600 feet. If the school district doesn’t oppose the request to
ABC, then ABC doesn’t request denial.
Commissioner Ramirez asked if there are liquor stores located in Stanton within a quarter mile radius
from the property.
Ms. Irwin responded she doesn’t believe so, and believes it is all residential.
Commissioner Ramirez referred to the crime statistics for the 7-Eleven stores in Anaheim, being an
average of 4.3 calls for service monthly per location; and asked if that is normal for the type of
business.
Ms. Irwin responded no, she doesn’t consider that tobe a high number for a convenience market.
Commissioner Persaud asked if the crime statistics provided in the census tract include Stanton area,
or only the city of Anaheim’s jurisdiction.
Ms. Irwin responded the statistics are only for the city of Anaheim.
Chairman Faesselopened the public hearing.
Sherrie Olson, applicant, informed that theysent a mailing from the department of Alcohol Beverage
Control to over 350 residents within a 500 foot radius, and they did not receive any opposition within
the 500 foot radius. She stated shehad 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.
Dong Soog Kim, 1212 S. Dale Avenue, Anaheim, stated there area lotof placesselling liquorin the
area, and he expressed his opposition to the requestas it would negatively impact his liquor store.
Commissioner Karaki asked Mr. Kim how long has he been at his business.
Mr. Kim responded about 3 years.
Swarndeep Singh, 2796 & 2798 W. Ball Road, Anaheim, stated he is going to bethe owner of the
subject property. Heindicated he understoodthe concerns raisedand feltthat 7-Eleven is more
about convenience, fresh food, and household items.He stated that he believed7-Eleven would
attract more customers to the area for all the businesses.
Commissioner Seymour asked if the license is for beer and wine only.
Mr. Singh responded yes.
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Chairman Faessel indicated that the staff report noted that12percent of floor area wouldbe for beer
and wine and asked what that would be in square footage.
Mr. Singh responded about 200-250 square feet.
Chairman Faesselclosed the public hearing.
Jonathan Borrego, Principal Planner, referred to the draft resolution for the conditional use permit and
read into the record modifications to Condition No. 12, deleting the language in the first sentence
which states “with lighting of a minimum 1-foot candle”.
Chairman Faessel re-opened the public hearing, and asked Ms. Olson if she has any comments
pertaining to the modification to Condition No. 12 as indicated by staff.
Ms. Olson responded they do not have any objections to the modifications made.
Chairman Faessel closed the public hearing.
Commissioner Agarwaloffered a recommendation that the Planning Commission adopt the resolution
attached to the January 19, 2011staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
2010-05534and Public Convenience or Necessity No.2010-00073 (DEV2010-00173), with the
modification to Condition No. 12 of the conditional use permit draft resolution.
Grace Medina,Senior Secretary announced that the resolution passedwith sixyes votes.Chairman
Faessel and Commissioners Agarwal, Ament, Karaki, Persaud and Seymour voted yes.
Commissioner Ramirez voted no.
OPPOSITION:
One personspoke in opposition to the subject request.
IN SUPPORT:
One personspoke in favor of the subject request.
Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on
Monday, January 31,2011.
DISCUSSION TIME
:26minutes (5:20to 5:46)
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ITEM NO.5
CONDITIONAL USE PERMIT NO. 2010-05537Continuedto January 31, 2011
VARIANCE NO. 2011-04843
(Seymour/Karaki)
PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00074
(DEV2010-00177)
Approved
Owner:
Paul Roper
D & P, LLC
VOTE: 7-0
987 Enterprise Street
Orange, CA 92867Chairman Faessel and
Commissioners Agarwal, Ament,
Applicant:
Juan ReynosoKaraki, Persaud, Ramirez and
Reymart, IncSeymour voted yes.
2107 NorthBroadway, Suite 106
Santa Ana, CA92706
Agent:
Mike Ayaz
RickBlake, Attorney at Law
2107 NorthBroadway, Suite 106
Santa Ana, CA 92706
Location:1168 South State College Boulevard
The applicant proposes to establish a nightclub in an
Project Planner:
David See
existing commercial building, to include a Type 48 (Public
dsee@anaheim.net
Premise) ABC license, sale and consumption of alcoholic
beverages, public dancing, cover charge, and live
entertainment with less parking than required byCode.
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).
DISCUSSION TIME
:This item was not discussed
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MEETING ADJOURNED AT 5:54P.M.
TO MONDAY, JANUARY 31,2011AT 5:00P.M.
Respectfully submitted,
Eleanor Morris
Secretary
Received and approved by the Planning Commission on May 9, 2011.
01/19/11
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