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Minutes-PC 2005/11/28,~ • ~A~Er~, ~~ : CITY OF ANAHEIM ~. ~ ~r~ • ~ ~ o ~ Planning Commission ~ `~ Minutes U ~' ~~ ~~~~~ Mondav, November 28, 2005 . . o~ ,~, ~ Council Chamber, City Hall O g~~ 200 South Anaheim Boulevard, Anaheim, California U~pEp ~ CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA; CECILIA FLORES, JOSEPH KARAKI, PAT VELASQUEZ Commissioners Absent: ED PEREZ, PANKY ROMERO Staff Present: Mark Gordon, Assistant City Attorney Alfred Yalda, Principal Transportation Planner Greg McCafferty, Principal Planner '. John Ramirez, Associate,Planner Rudy Emami, Principal Civil Engineer = Elly Morris, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on Monday, November 21, 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, September 8, and October 6, 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 NOVEMBER 28, 2005 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 5 For record keepina purposes if vou wish to make a statement reqardinq anv item on the aqenda, please complete a speaker card in advance and submit it to the secretaN. • Pledge Of Allegiance: Commissioner Velasquez • Public Comments • Consent Calendar • Public Hearing Items • • Adjournment You may leave a message forthe Planning Commission Using the following e-mail address: planninacommissionC~Danaheim.net H:\TOOLS\PCADMI NIPCMINIACl12005MINUTES~,4C112805.DOG NOVEMBER 28, 2005 ' PLANNING COMMISSION MINUTES '• '' Plannin Commission A enda - 2:30 P.M. . Anaheim g 9 Public Comments; None TMis 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 #he item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Karaki offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioners Perez and Romero absent), for approval of Consent Calendar ltems 1-A and 1-C as recommended by staff. Consent Calendar Item 1-6 was removed from the Consent Calendar for separate action.: UNANIMOUSLYAPPROVED' Renorts and Recommendations 1A.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Continued to • (b) GENERAL PLAN AMENDMENT N0. 2004-00421 December 12; 2005 (c) RECLASSIFICATION NO. 2004-00137 (d) VARIANCE NO. 2004-04633 (Tracking Na VAR2005-04671) Consent Calendar (e) TENTATIVE TRACT MAP NO. 16794 Approval Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 Location: 502 South Harbor Boulevard: Property is approximately 1.2 acres, located on the southeast corner of Harbor Boulevard and Santa Ana Street. Request for approval of final site, floor, elevation and fencing plans for a 7-unitsingle family residential subdivision. Continued from the November 14 2005, Planning Commission meeting. VOTE: 5-0 Commissioners Perez and Romero absent Project Planner. (a vazauez(a~anaheim. net) NOVEMBER 28, 2005 PLANNING COMMISSION MINUTES • Min e 1B. Receiving and approving the Minutes from the Planning Commission Approved Meeting of October 31, 2005 (Motion) : Motion: FloresNelasquez VOTE: 5-0 Commissioners Perez and Romero absent 1C. Receiving and approving the Minutes from thePlanning Commission Continued to Meeting of November 14, 2005 {Motion) December 12, 2005 Consent Calendar Approval VOTE: 5-0 Commissioners Perez and • Romero absent • 11-28-05 Page 3 NOVEMBER 28, 2005 PLANNWG COMMISSION MINUTES • Pub lic Hearina items• 2a. CEQA NEGATIVE DECLARATION Continued to 2b. WAIVER OF CODEREQUIREMENT December 12, 2005 2c. CONDITIONAL USE PERMIT NO. 2005-05028 2d. TENTATIVEPARCEL MAP N0. 2005-247 ' Owner: Calvada Development, Shawn Danesh, 26996 La Paz Motion: Buffa/Flores Road, Aliso Viejo, CA 92656 A ent: Me Beatrice, Architecture M, 800 East Ocean Boulevard, 9 9 vOTE: 4-0 Commissioner Karaki Suite 105, Long BeaCh, CA 90802 abstained and Commissioners Perez and Romero absent Location: 1131 West Lincoln Avenue: Property is approximately 0.39-acre,located at the'northeast corner of Lincoln Avenue and Carleton Avenue Conditional Use Permit No. 2005-05028 - Request to construct a 3,897 , square-foot*, three unit commercial retail center including a drive-through coffee shop (Starbucks) with waivers of (a) minimum landscaped 5etback, (b) minimum number of parking spaces, and (c) location of drive-through lane. • Tentative Parcel Map No. 2005-247- To establish a 1-lot commercial subdivision. Continued from the October 31, 2005, Planning Commission meeting. Conditional Use Permit Resolution No. "advertised as 4,100 square-foot Chairman Eastman opened the public hearing. Project Planner. (ipramirez@anaheim. net) John Ramirez, Associate Planner, introduced Item No. 2 and stated the item was continued from the October 31, 2005, Planning Commission meeting in order to allow the applicant time to work with staff#o address site plan design issues. Staff from the Planning Department and Public Work's Department met with the applicant and reviewed the proposed site plan and two alternatives. ApplicanYs Statement: Meg Beatrice, Architecture M, 800 East Ocean Boulevard, Suite 105, Long Beach, CA, stated they did work, extensively with staff to review the site plan in order to ensure that they provide the best configuration for the current situation given that the owner feels that the drive through is imperative for the proposed development. Public Testimony: • Charles Anderson, 1114 W. Diamond Street, Anaheim, CA, he referred to the e-mail he previously provided to staff and stated he submitted another copy today as he made a correction to the last paragraph. His family has been residents on the property for over 80 years. They are excited about the subject property being developed but are opposed to the waivers for the drive through and parking, and somewhat opposed to the waiver on the landscaping. He stated the neighbors and he feel the quality of life will be burdened with the additional parking on residential streets He feels the proposed facility will have sufficient parking for the managers and employees, and just a couple of parking spaces for the customers. They already have the burden of people 11-28-05 _ Page 4 NOVEMBER 28, 2005 PLANNING COMMISSION MINUTES • from the Anaheim Union High School parking on adjacent residential streets because the school parking lot has been torn up and they already have a parking problem in the area, He feels ifthey had a legally permitted parking and no drive through that they would support the request, but they do not support the proposed plans. ApplicanYs RebuttaL• : Shawn Danesh, CalvadaDevelopment, 26996 La PazRoad, Aliso Viejo, CA, submitted pictures to the Commission of a business in close proximity to the subject property and stated it does not have a drive through ' and there is a lot oftrash around. He also submitted a picture of a center they have in the area and stated it is almost the same amount of landscaping that they are proposing for the subject site. He drove up and down Lincoln'Avenue and has taken pictures of other drive through lanes in the area whichlook very similar to what they are proposing, with the drive through facing the street and about the same amount of landscaping. Once thelandscaping is completed, you would hardly see the drive through lane as you are standing along Lincoln Avenue. The whole edge of Lincoln Avenue there is going to be double tiered landscaping and trees would be included into the'landscaping. He feels the proposed project would help enhance the neighborhood. Commissioner Velasquez asked by denying the drive through lane waiver how would it impact the parking. Mr. Ramirez stated the size of the site and the design of the site plan would not change, except the area that is contained with the proposed drive through would be contained with the code required landscaping, he doesn't feel you would be able #o add any additional parking spaces. There would not be any change with the code required parking with the elimination of the drive through; the requirements for the Starbucks would remain the : same Greg McCafferty, Principal Planner, stated he doesn't believe that the parking study did the analysis based on if the drive through lane was eliminated, if it would result in morepeople parking vehicles and/or increase the patronage of Starbucks. • THE PUBLIC HEARING WAS CLOSED. Further discussion amongst staff and Commission took place pertaining to the drive through lane and parking issue. Commissioner Velasquez stated it seems as the request does not fit appropriately into the subject property, and asked for further clarification of the reasons staff is requesting denial of waivers (a) and (c). Mr. Ramirez stated staff surveyed several parcels along and adjacent to Lincoln Avenue from the 5-Freeway easterly to Anaheim Boulevard, and staff did not identify any other drive through lanes that were located within . the front setback as requested by the applicant, and there are no special circumstance for the subject property pertaining to the State required findings. Commissioner Flores asked Mr. Danesh if there is going to be outside seating. Mr. Danesh responded yes, there would be portable tables outside of the Subway and Starbucks entrance, if allowed by the City. Mr. McCafferty stated there is a provision to allow outdoor seating but looking at the proposed site plan layout there would not be enough room. He pointed out with regards to the findings and recommendations, it is staffs recommendation for denial of the waivers but there could be a case made by the Commission that there are some unique characteristics to the site that may allow the waivers to be approved. Commissioner Flores expressed her support of staff's recommendation. Chairman Eastman asked for clarification regarding the amount of land the applicant is required to dedicate to • the City. She stated because it is a comer property they are being required to put in a lot of landscaping on Carleton Avenue and feels the applicant has tried to make the site work in a lot of different ways, and the 11-28-05 Page 5 NOVEMBER 28, 2005 ' PLANNING COMMISSION MINUTES ~ ~ ~ subject proposal seems as it is the best fit. The building is attractive and the back does not look like a back of a building. It seems that they do have some consfraints witfi the subject property. Rudy Emami, Principal Civil Engineer, referred to the required dedication and stated it is 1 foot along Lincoln Avenue and 3 feet along the alley, and a corner cuf-off for the handicapped access ramp on the corner of Carleton and Lincoln Avenue. Chairman Eastman stated she feels#hey need to consider that in their determination of the project. Commissioner Karaki expressed his support of the project, and suggested cutting the corner out of the Starbucks building (10x10), in order to have a covered patio to accommodate a few seating on the inside. OPPOSITION: A person spoke in opposition pertaining to the proposed plans, and a letter was submitted with 5 signatures in opposition. ACTION: Approved CEQA Negative Declaration Vote: 5-0 (Commissioners Perez and Romero absent) Denied Waiver of Code Requirement, waivers (a) (b) and (c) Vote: 3-2 (Commissioners Eastman and Karaki voted no, Commissioners Perez and Romero absent) Rescinded/Reconsidered prior actions taken (Items 2a. and 2b.) Vote: 3-0 (Commissioners Eastman and Karaki abstained, Commissioners Perez and Romero absent} Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Karaki abstained and Commissioners Perez and Romero absent), to continue the subject request to the December 12, 2005, Planning Commission meeting. DISCUSSION TIME: 1 hour and 2 minutes (2:35-3:37) NOVEMBER 28, 2005 PLANNING COMMISSION MINUTES ~ 3a. CEQA NEGATIVE DECLARATION Karaki/Buffa Approved 3b. WAIVER OF CODE REQUIREMENT Karaki/Buffa Approved waivers (a) &(c) -' Denied waiver (b) 3C. CONDITIONAL USE PERMIT NO. 3902 (READVERTISED) Karaki Approved ` (Tracking Na CUP2005-05022) Owner: Bhupinder S. Mac, 20021 Ventura Boulevard, Woodland Vote on Waiver (bl: , 5-0 - HiIIS, CA 91368 Commissioners Perez and Romero absent Agent: Andrew Paszterko, 2055 North Alvarado Street, Los Angeles, CA 90039 vote on CEQA. Waivers ~ &Ycl. and CUP: 4-1 Location: 1200 South Harbor Boulevard: Property is approximately Commissioner Flores voted no and 0.98-acre and is located at the southeast corner of Harbor Commissioners Perez and Romero Boulevard and BaII Road. ` absent Request to construct.a coffee'shop (Starbucks) and to establish a commercial retail center (with offices) in conjunction with an existing Modified Condition No. 43 ` service station with accessory,convenience market with beer and wine for off=premises consumption and a 2;000 square foot drive through fast food ' restaurant with waivers of (a) minimum structural and landscaped setback adjacent to a local street, (b) required dedication `and improvement for local street; and (c) minimum number of parking spaces Continued from the October 3, and November 14 2005, Planning Commission • meetings. Conditional Use Permit Resolution No. PC2005-155 ProjectPianner. Qpramirez@anaheim.net) Chairman Eastman opened the public hearing. John Ramirez, Associate Planner, introduced Item No. 3 and stated the item was continued from the- November 14, 2005, Planning Commission meeting in order to allow the applicant time to make modifications' to the plans. Applicant's Statement: Andrew Paszterko, 2055 North Alvarado Street, Los Angeles, CA, stated he is the architect for the project and at the previous meeting there was a lot of discussion regarding the office use for the "leasable" commercial office space, and there was a recommendation for approval by the city traffic engineer. They have agreed to a reduction of the scope which their new exhibits illustrate. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated she doesn't oppose Starbucks, but doesn't feel comfortable with the use of the four offices. She expressed she was not in support of mixing the use from the market to four offices on the top : especially due to the subject location as she doesn't feel the area of the use fits the proposed commercial offices. : Commissioner Karaki stated the applicant has complied with the proposal, however, in today's Preliminary Plan • Review session there were comments on having the offices brought to the front of the building and enhance the fronf of the building to accommodate daylight into the offices and have the storage in the back. He , 11-28-05 Page 7 NOVEMBER 28, 2005 PLANNING COMMISSION MINUTES expressed support' of the project if the applicant would come, back to the Planning Department to redesign the ;`~ front to accommodate daylight windows in order to enharice the existing structure. Mr. Paszterko responded they can comply with that idea. Commissioner Buffa concurred with Commissioner Karaki, and stated she is comfortable with the mix of uses and integrating some offices into the 2"d story. ' Mr. Ramirez read into the record modifications to Condition No. 43 pertaining to landscaping refurbishing. OPPOSITION: None Mark Gordon, ASSistant City Attomey, presented the 22-day appeal rights ending at 5:00 p'.m. on Tuesday, ; December 20, 2005. DISCUSSION TIME: 12 minutes (3:38-3:50) ' ~ NOVEMBER 28, 2005 - PLANNING COMMISSION MINUTES • • Flores and MOTION CARRIED (Commissioners Perez and Romero absent), to agendize a discussion for the December 12, 2005, Planning Commission Agenda regarding the study conducted by staff pertaining to compensation #or Planning Commissioners in other local cities, in order to evaluate the compensation of the Anaheim Planning Commission. MOTION: Commissioner Buffa offered a motion, seconded by Commissioner MEETING ADJOURNED AT 3:55 P.M. TO MONDAY, DECEMBER 12, 2005 AT 10:30 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: , '~7,~~ ~°~ ~~~ Elly Morris Senior Secretary i Received and approved by the Planning Commission on , 2006.