Minutes-PC 2005/06/13~P'~E'~ ~~ C1TY OF ANAHEIM
• ~ ~ ~j~' ' ~ ~
o ~ Plann~ng Commission
~ ~ Minutes
U D'
. "~~~`~°~ , Mondav~ June 13, 2005
o~
~,O $~~ Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
: ~~DED l _
CHAIRMAN: GAIL EASTMAN
Commissioners Present: KELLY BUFFA, GECILIA FLORES, JOSEPH KARAKI,
ED PEREZ, PANKY ROMERO, PAT VELASQUEZ
Commissioners Absent: NONE '
Staff Present:
` Mark Gordon, Deputy City Attorney Mark Asturias, Redevelopment Manager
Greg' Hastings, Planning Services Manager ° Andy: Nogal, Pro}ect Manager II
Greg McCafferty, Principal Planner EIIy Morris, Senior Secretary
Michele Irwin, Sr. Police Services Representative
~ Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 3:00 p.m. on
Thursday, June 9, 2005, inside the display case located in the foyer of the Council Chambers, and also
in the outside display kiosk.
Published: Anaheim Bulletin Newspaper on Thursday, May 19, 2005
• Call To Order
• Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the June 13, 2005 agenda
• Conditional Use Permit No. 2005-04960 - to consider initiating revocation proceedings
for faifure to comply with conditions of approvaL
• Discussion to consider changing the time of the public hearing.
~ Recess To Afternoon Public Hearing Session
• Reconvene To Public Hearing 2:00 P.M.
For record keepinp purposes if vou wish to make a statement regardinq anv item on_the
apenda please complete a speaker card in advance and submit it to the secretarv.
• Pledge Of Allegiance: Commissioner Velasquez
• Pub{ic Comments
• Consent Calendar
• • Public Hearing Items
• Adjournment , ' ,
You may leave a message for the Planning Commission using the following
e-mail address plannins~commission(a~anaheim.net
H:\TOOLS\PCADMI N\PCMI N IACT12005MI NUTES1AC061305.DOC
JUNE 13, 2005
PLANNING COMMISSION MINUTES '
• nda - 2:00 P.M.
Anaheim Piannmg Commission Age
Items Of Public Interest:
Oath orAffirmation of Allegiance: New Planning Commissioner- Panky Romero.
Panky Romero was sworn in as Planning Commissioner by Linda Nguyen, Deputy City Clerk.
Public Comments: None
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and/or removed from the Consent
Calendar for separate action.
Commissioner Perez offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED,
for approval of Consent Calendar Items 1-A through 1-C and 1-E as recommended by staff. Consent
Calendar Item 1-D was removed from the Consent Calendar for separate discussion. UNANIMOUSLY
~ APPROVED
•
Reaorts and Recommendations
1A.(a) Conditional Use Permit No. 2056 - Request for Termination
(Tracking No. CUP2005-04993)
Agent: Said Abuqartoumy, The Car Man Auction, INC, 2920 East
La Jol1a, Anaheim, CA 92806
Location: 2920 East La Jolla Street.
Request to terminate Conditional Use Permit No. 2056 (to permit a
contractor's storage yard).
Termination Resolution No. PC2005-91
Terminated
Consent Calendar Approval
VOTE: 7-0
kwong2@anaheim.net
06-13-05
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.1UNE 13, 2005
PLANNING COMMISSION MINUTES
~ 1 B.(a) Variance No. 4209 - Rec~uest for Termination Terminated
(Tracking No. VAR2005-04657)
Agent: Jack Jakosky, Jakosky Properties, 503 32"d Street, Suite Consent Calendar Approval
200, Newport Beach, CA 92663
VOTE: 7-0
Location: 5747 East Santa Ana Canyon Road. '
Requests to terminate Variance No. 4209 (waiver of prohibited roof- :
mounted equipment to retain a roof-mounted satellite dish antenna in
the Scenic Corridor Overlay Zone).
' Termination Resolution No. PC2005-92 kwong2@ananeim.net
~
JUNE 13, 2005
PLANNING COMMISSION MINUTES
•
1C. Condit+onal Use Permit Nos.1608. 1727.1735. 3221 . 2001-04428,
and 2003-04750 - Request for Termination
(Tracking Na CUP2005-04994)
Owner: Jack Jakosky, Jakosky Properties, 503 32"d Street, Suite
200, Newport Beach, CA 92663
Location: 5747 East Santa Ana Canyon Road.
Request to terminate Conditional Use Permit No. 1608 (to permit on-
sale beer and wine in a proposed restaurant), Conditional Use Permit
No. 1727 (to permit sales of (a) beer and wine for on-premises
consumption in a proposed restaurant, and (b) alcoholic beverages for
on-premises consumption in a proposed restaurant, Conditional Use
Permit No. 1735 (to permit sales of beerand wine for on-premises
consumption in a proposed restaurant), Conditional Use Permit No.'
3221 (to permit a veterinary clinic), Conditional Use Permit No. 2001-
04428 (to permit the expansion of an existing full-service restaurant,
including outdoor dining areas and the continued sales of alcoholic
beverages of on-premises consumption in conjunction with an existing
commercial retail center) and Conditional Use Permit No. 2003-04750
(to construct a full service restaurant with on-premises sales and
consumption of alcoholic beverages, including outdoor dining, and roof-
mounted equipment in the CL (SC) zone with waivers of maximum
number of wall signs and minimum front setback adjacent to a scenic
~ highway}.
Termination Resolution No. PC2005-93
i
I Terminated
Conseut Calendar Approval
VOTE: 7-0
kwong2@anaheim.net
06-13-05
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JUNE 13, 2005
PLANNING COMMISSION MINUTES
~ 1D.(a) CEQA Exemption - Sections 15061(b)(3) & 15262 Velasquez/Buffa Concurred with staff
(b) General Plan Amendment No. 2004-00420 Velasquez/Buffa Approved initiation of a
"(Tracking Na GPA2005-00432) General P1an Amendment
Agent: City of Anaheim, Planning Department, 200 South Anaheim
Boulevard, Suite 162, Anaheim, CA 92805 Consent Catendar Approval
Location: No Address. vofiE: 7-0
City-lnitiated request to initiate a General Plan Amendment for the ,
following:
1) Amend the City of Anaheim General Plan Circulation Element
redesignating a segment of Cerritos Avenue from a Primary
Arterial Highway with a typical with a typical right-of-way width of
up to 120 feet to a Secondary Arterial Highway with a typical
right-of-way width of up to 90 feet in width; and
2) Amend the City of Anaheim General Plan Circulation Element to
provide for a segment of Gene Autry Way to be up to 170 feet in
width to provide for the construction of the Gene Autry "Grand
Parkway". This segment of Gene Autry Way is designated as a
primary arterial with a current typical right-of-way width of up to vnorwood@ananeim.ner '
120 feet.
. (This item was removed from the Consent Calendar for separate discussion.)
Greg Hastings, Planning Services Manager, stated the purpose of the subject request is to bring
forward a request for initiation of a General Plan Amendment. The first request has to do with
Cerritos Avenue between State College Boulevard and Douglass Road, to redesignate from a
primary to a secondary arterial which would bring it into conformance with the County's arterial
highway plan. The second request is for initiation of a General Plan Amendment for Gene Autry
Way in the Platinum Triangle area which would actually change the designation in the area from
a street right-of-way with 106 feet to 170 feet and that would be to implement the Grand '
Parkway design. The purpose of the subject request is that the item be placed on a future
agenda for a General P1an Amendment discussion, which would be an advertised public
hearing.
Chairman Eastman asked Mr. Gus Duran to come forward to speak as he submitted a speaker
card.
Gus Duran, address provided was incomplete, stated he represents Lennar which has been '
acquiring land in the Platinum Triangle since last summer and they have purchased about
70 acres and are doing a master plan community. The master plan for the main site
encompasses about 40 acres and they had no idea that the City was proposing a Grand
Boulevard until very recently, it impacts the properties they have which straddle Gene Autry Way
on both sides. If Gene Autry Way was to be widen 170 feet it would greatly impact them. They
have been paying a tremendous amount of money for their properties with the anticipation of
building a very large residential community with commercial space for the downtown area. They
are trying to create a downtown area where people could walk to the residential and commercial
areas. He stated they would like to support staff in creating a Grand Boulevard but does not feel
~ that 170 feet is the right size, and they would like to work with staff before they proceed with the
widening of the project He reiterated it would impact them significantly, and financially the
impact would be about 12 million dollars.
06-13-05
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JUNE 13, 2005
PLANNING COMMISSION MINUTES
• Greg McCafferty, Principal Planner, statedthere is no commitment by today's action to choose a
course of aetion on the General Plan Amendment, they are just requesting that the Commission
allow them to initiate it to set the item for a public hearing. At that time, anyone from the public
could come forth and express their opposition and the Planning Comm.ission would #hen vote on
the General Plan Amendment, by making a decision and recommendation to the City CounciL
Mr. Hastings stated they do not have the design today, but the design of the project would be
available at the public hearing for the General Plan Amendment.
Commissioner Karaki asked what was the reason to initiate the subject request.
Mr. Hastings responded there was a vision plan put together of Gene Autry Way connecting the
stadium`to the resort area, and in connection with that they are bringing forward information of
having a Grand Boulevard look between the two features.
Commissioner Velasquez asked if staff is aware of Lennar's assembling ofland.
Mr. Hastings responded yes.
Mr: McCafferty responded as soon as staff was aware of,the Grand Boulevard #hey informed
Lennar. :
Commissioner Velasquez expressed her support for the request.
+ IN OPPOSITION: Gus Duran, representative for Lennar Company spoke in opposition to the
proposed request as the additional right-of-way would cause a financial ,
burden upon their property.
DISCUSSION: 7 minutes (2:20-2:27)
.
06-13-05
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dUNE 13, 2005
P~ANNING COMMISSION MlNUTES
•
Minu e
1E. Receiving and approving the Minutes from the Planning Commission Continued to June 27, 2005
Meeting of June 1, 2005 (Motion)
Consent Calendar Approval
VOTE: 7-0
•
•
06-13-05
Page 7
JUNE 13, 2005
PLANNING COMMISSION MINUTES ' '
• Public Hearin Items:
Waiver of Council Policy No. 542 - Pertaining to sound attenuation for
residential projects to construct 60-unit, 3-story "affordable" apartment
compfex. .
~ Petitioner requests Planning Commission review and recommendation to
the Anaheim Redevelopment Agency of basic concept drawings for a 60-
unit, "affordable" apartment complex.
Variance Resolution No. PC2005-94 ',
2a. CEQA NEGATIVE DECLARATION FloresBuffa
2b. VARIANCE NO. 2005-04652 Flores
2C. ' WAIVER OF COUNCIL POLICY NO. 542- FloresBufFa
SOUND'ATTENUATION FOR RESIDEN7IAL PROJECTS
Agent: Elisa Stipkovich, Anaheim Redevefopment Agency, 201
South Anaheim Boulevard, Anaheim, CA 92805
Location: 802-808 East Broadway, 801 East Santa Ana Street and
409-421 South Vine Street. Property is approximately 2.3
acres, located on the west side of Vine Street between
Broadway and Santa Ana Street.
Variance No. 2005-04652 - Request for waivers of (a) minimum front yard
' setback, (b) maximum and minimum building wall length, (c) improvement
of public right-of-way, (d) type of parking spaces, (e) required parking lot
landscaping, (f) maximum wall height, (g) minimum number of parking
spaces, and (h) minimum interior setbackto construct 60-unit, 3-story
"affordable" apartment complex.
Approved
Granted
Approved
Added a condition of
approval pertaining to
complying with the noise
study report, Title 24
and the Uniform
Building Code.
Modified Condition
No. 30
VOTE: 7-0
dsee@anaheim.net
Chairman Eastman opened the public hearing.
Mark Asturias, Redevelopment Manager, introduced Item No. 2.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Flores expressed her support of the project.
•
Commissioner Buffa expressed her support of the project and commended Mercy Housing and staff for
coming up with a great plan. She referred to Condition No. 30 pertaining to final landscape and fencing
plans and asked staff when the final landscape plan is being reviewed to ensure that the landscape
material selected is appropriate to the width of either the parkway or the planter bed. She referred to the
fencing and stated to ensure that people from the sidewalk are able to see into the courtyard, in order for
them not to create an invisible dead zone. She suggested a new condition of approval that requires the
building to incorporate the elements as recommended in the noise study report.
Mr. Asturias stated they wil! ensure that the conditions are incorporated into the resolution, and will
forward the sound study to the Suilding Division.
Chairman Eastman expressed her support of the project.
Commissioner Perez asked staff to clarify on the parking area.
06-13-05
Page 8
JUNE 13, 2005 '
PLANNING COMMISSION MINUTES
• Mr. Asturias stated a certain percentage of the parking is underneath the units, sort of like a town home
design where a portion of the living area is above the parking area. He stated if there is sufficient money
to convert the carports into garages then they would have the opportunity to do that.
Commissioner Perez asked if they are considering garages instead of carports.
Mr. Asturias responded yes, and stated that the project complies with the code as far as carports or open
parking, and they are asking for the waiver of thatprovision to allow garage doors but it is a function of
their ability to provide the funding for the project. They need to obtain public funding to develop the
project, and if they could get sufficient public funding then they will provide the garage doors, but it
depends on how much funding they are able to obtain.
Chairman Eastman asked if sufficient funding is available then the project will have garage doors.
Mr. Asturias responded yes.
Commissioner Karaki concurred with Commissioner Buffa regarding her suggestions on the IandsCaping.
OPPOSITION: None
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday,
July 5, 2005.
~ ,
DISCUSSION TIME. 15 Minutes (2:28-2:43)
• '
06-13-05
Page 9
JUNE 13, 2005
PLANNING COMMISSION MINUTES
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3a. CEQA NEGATIVE DECLARATION LPREVIOUSLY-APPROVED) VelasquezBuffa
3b. COND1710NAL USE PERMIT NO. 3732 Velasquez
{TRACKING NO. CUP2005-04987) ,
Owner: Vaskin Koshkerian, 10621 Equestrian Drive, Santa Ana, CA
92705-0000
Agent: Bhupinder S. Mac, 1198 South State College Boulevard,
Anaheim, CA 92805
Andrew Paszterko, Gasoline Retail Facilities Consufting, 2055
North Alvarado Street, Los Angeles, CA 90039
Location: 1198 South State College Boulevard. Property is
approximately 0.52-acre, located at the northeast corner of Ball
Road and State College Boulevard '
Request to amend or delete conditions of approval pertaining to hours of
operation and restrictions on packaging of beer and wine products in
conjunction with a previously-approved conversion of a service station repair
bay area within an existing service station to a convenience market with off-
premises sale and consumption of beer and wine.
Conditional Use Permit Resolution No. PC2005-95
• Chairman Eastman opened the public hearing.
John Ramirez, Associate Planner, introduced Item No. 3.
ApplicanYs Statement:
Approved
Approved, in part
(Denying the portion of the
request pertaining to the
sales of single bottles and
cans of beer and wine.)
VOTE: 7-0
jramirez@anaheim.nef
Andrew Paszterko, Gasoline Retail Facilities Consulting, 2055 North Alvarado Street, Los Angeles, CA,
stated he is the architect for the project. He referred to the Police Department report and stated he is not
disputing any facts. His clienYs competitors across the street are two gas stations with a convenience
market and they do not have any restrictions pertaining to the sale of beer and wine products. His client
feels it is not consistent and is unfair because they are identical businesses with different conditions
imposed.
Public Testimony:
Frank BIum,17311 S. Main Street, Gardena, CA, stated he represents United Oil Company the owners
and operators of the Union 76 business located at 1201 S. State College Boulevard in Anaheim which is
diagonally across the street from the subject facility. He spoke with concerns pertaining to the permitted
hours of operation for the off-premises sale and consumption of beer and wine until 12:00 a.m. (midnight).
He stated they operate their business under City approved hours for the same type of sales which ends at
10:00 p.m. Therefore, he opposes the request for a modification to the hours of operation as it would be
inconsistent to the Union 76 business.
ApplicanYs RebuttaL
Mr. Paszterko stated he agrees with Mr. Blum, and all they are asking is for equality amongst the
• competitors. He clarified that they are not able to consume alcohol on the premises, as it is only off-
premises consumption.
06-13-05
Page 10
i:e:+:- ~ . ~ .
JUNE 13, 2005
PLANNING COMMISSION MINUTES
~ Chairman Eastman asked if the Police Department representative would address the issue pertaining to
the sales of alcoholic beverages and the hours of operation.
Michele irwin, Sr. Police Services Representative, in response to Mr. Blum's testimony, she stated as far
as adjusting the hours they are ~ne with 12:00 a.m., but they would need to follow with the necessary
procedures to change the hours of operation. As'far as the sales of singles, the other two gas stations
obtained their conditional use permits in 1997. In 1995, the Police Department started conditioning the
sales of singles to the facilities that were high crime and over concentrated, neither of the other two gas
stations fel! into high crime or over concentration: The subject facility is'reported in a high crime and over '
concentration: In 2000, they blanketed across the board for any of the convenience markets and gas
stations, etc., to discontinue the sale of singles in beer and wine, they would have to be sold in the six
pack, and four packs for the wine coolers. Therefore, they oppose the sale of singles for the subject
facil ity.
THE PUBLIC HEARING WAS CLOSED:
Commissioner Velasquez expressed her support of staff s recommendation, and referred to the other two'
gas stations across the street and asked if they have a timeJimitation in allowing the sales of alcoholic
beverages.
Mr. Ramirez responded there is no condition of approval for a time limitation and no condition of approval
that limits the unit of sales. There is a condition of approval pertaining to the times that they could sell
beer and wine, one of the gas station is 12:00 a.m.; and the other is 10:00 p.m.'
~ OPPOSITION: A person representing United Oil Company (Union 76) spoke in opposition to the
proposed hours of operation for off-premises sale and consumption of beer and wine for
the subject facility.
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, '
July 5, 2005.
DISCUSSION TIME: 25 Minutes (2:44-3:09)
•
06-13-05
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JUNE 13, 2005
PLANNING COMMISSION MINUTES
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4a. ' CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PLAN N0.131*
4b. TEN7ATIVE TRACT MAP NO. 16826
4c. DEVELOPMENT AGREEMENT NO. DAG2005-00006
Owner: Stadium Land Partners, LLC, Brad Redelsperger, c1o
Newport Federal, 4425 Jamboree, #250, Newport Beach, CA
92660
Agent: .lohn Stanek, Integral Partners, 160 Newport Center Drive,
Suite 240, Newport Beach, CA 92660
Location: 2045 South State Coilege Boulevard. Property is
approximately 3.8 acres with a frontage of 292 feet on the '
west side of State College Boulevard and located 337 feet
north of the centerline of Orangewood Avenue {Gateway
Centre Condominiums}.
Request to approve a Mitigated Negative Declaration prepared for the
project and circulated for public/responsible agency review in compliance
with the California Environmental Quality Act (CEQA) and the State and
City of Anaheim CEQA Guidelines. The Draft Mitigated Negative
Declaration is available for public review (May 19, 2005 until June 7, 2005)
and copies of the document are available for review at the City of Anaheim
~ Planning Department, 200 South Anaheim Boulevard, Anaheim CA 92805.
Development Agreement No. DAG2005-00006 - Request to recommend
City Council adoption of Development Agreement between the City of
Anaheim and Newport Federal for the Gateway Centre Condominium
Project to construct a 266-unit residential condominium project.
Tentative Tract Map No. 16826 - To establish a 1-lot, 266-unit airspace
attached residential condominium subdivision.
Development Agreement Resolution No.
OPPOSITION: None
DISCUSSION TIME: This item was not discussed.
i
Continued to
June 27, 2005
Motion: FloreslPerez
VOTE: 7-0
jpramirez@anaheim, net
JUNE 13, 2005
PLANNING COMMISSION MINUTES
• nt '
5a. CEQA Negative Declaration (Readvertisme )
5b. Reclassification No. 2004-00141 ',
6c. Conditional Use Permit No. 2004-04951
5d. Tentative Tract Ma~ No. 16833
Owner: Marci Odon, 3117 West BaII Road, Anaheim, CA 92804
Agent: Walter Bowman, Bonanni Development, 5622 Research
Drive; Huntington Beach, CA 92649
Location: 3117. 3121 and 3125 West Batt Road. Property is 1.4
acres, having a frontage of 198 feet on the north side of
Ball Road located 741 feet east of the centerline of Western
Avenue.
Rectassification No. 2004-00141 - Request reclassification of the
property from the T(Transition) zone to the RM-3 (Residential, Multiple-
Family) zone, or less intense zone.
Conditional Use Permit No. 2004-04951 - Request to permit a 16-unit
attached and detached single-family residential subdivision.
Tentative Tract Map No.16833 -To establish a 1-lot 16-unit attached
and detached single-family residential subdivision. ,
Continued from February 7, 23, March 7, April 4, and May 2, 2005, I
~ Planning Commission meetings. ~I
Reclassification Resolution No. ~
Conditional Use Permit Resolution Na '
Continued to
July 11, 2005
Motion: Flores/Eastman
VOTE: 7-0
avazquez@anaheim.nef
OPPOSITION: None
DISCUSSION TIME: This item was not discussed.
•
06-13-05
Page 13
JUNE 13, 2005
PLANNING COMMISSION MINUTES
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There was discussion amongst staff and the Planning Commission to
agendize the matter pertaining to Conditional Use Permit No. 2005-04960 ~
to the June 27, 2005, Planning Commission Agenda:
• Conditional Use Permit Na 2005-04960 - to consider
revocation or mod~cation proceedings for failure to comply ;
with conditions of approval. !
-- - ----------------------------- -------------------------------------------
-- ------- ---- ----
~
There was discussion amongst the Pfanning Commission regarding '~
changing the time of the public hearing items. ~
,
MOTION: Commissioner Flores offered a motion, seconded by ~~
Commissioner Buffa and MOTION CARRIED, that the Anaheim Planning ~
Commission does hereby approve to change the Planning Commission
meeting public hearing start time from 2:00 p.m. to 2:30 p.m., in order to ~i
allow additional time for the Preliminary Plan Review session. : ~
---- - ---
~
~1
1~ J
MEETING ADJOURNED AT 3:15 P.M.
TO MONDAY, JUNE 27, 2005 AT 10:00 A.M.
FOR A TOUR OF THE MOUNTAIN PARK SPECIFIC PLAN AREA
AND PRELIMINARY PLAN REVIEW.
Respectfully submitted:
~~C~~ ~r~~
Elly Morris
Senior Secretary
Received and approved by the Planning Commission on ~ , 2005.
06-13-05
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