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Minutes-PC 2005/12/12. ~ • CITY OF ANAHEIM Planning Commission Minutes Mondav, December 12, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAILEASTMAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, JOSEPH KARAKI, ED PEREZ, PANKY ROMERO, PAT VELASQUEZ Commissioners Absent: NONE Staff Present: Mark Gordon, Assistant City Attorney Amy Vazquez, Associate Planner Greg Hastings, Planning Services Manager James Ling, Principal Civil Engineer Greg McCafferty, Principal Planner Della Herrick, Associate Planner Ted White, Senior Planner Kimberiy Wong, Planning Aide John Ramirez, Associate Planner Danielle Masciel, Word Processing Operator Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on Thursday, December 8, 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, November 17, 2005 • Call To Order Preliminary Plan Review 1:00 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVEI.OPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE DECEMBER 12, 2005 AGENDA • DISCUSSION REGARDING PLANNING COMMISSION COMPENSATION • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 7 For record keepinq purposes if you wish to make a statement repardinp any +tem on the ~enda p/ease complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Buffa • Public Comments • Consent Calendar • • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninpcommissionCa~anaheim.net H:\TOOLS\PCADMI N\PCMI NIACT~2005MINUTESWC121205. DOC DECEMBER 12, 2005 ' PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None This is an opportunity for members of the pubiic 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 roil 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. Chairman Eastman offered a motion, seconded by Commissioner Buffa and MOTIQN CARRIED, for approval of Consent Calendar Items 1-A and 1-D asrecommended by staff. Consent CalendarJtems:1-B and 1-C were removed from the Consent Calendar for separate action. UNANIMOUSLY APPROVED 1A.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) (b) VARIANCE NO. 2004-04600 • (TRACKING NO. VAR2005-04672) (c) SPECIMEN TREE REMOVAL PERMIT NO. 2004-00001 (d) TEPITATIVE TRACT NO. 16632 Agent: Chris West, 16811 Greenview, Huntington Beach, CA 92649 Location: 375 South Mohler Drive: Property is approximately 5.4 acres, having a frontage of 679 feet on the west and the southwest side of Mohler Drive and is located 50 feet southeast of the center{ine of Owens Drive. Request to review final site, floor, elevation, fencing and landscaping plans for a previously-approved 7-lot, 7-unit residential subdivision. • Approved Approved request of ~nal site, floor, elevatian, fencing and landscaping plans. Consent Calendar Approval VOTE: 7-0 Project Planner.~ (avazquez@anaheim.net) 12-12-05 Page 2 • 1 B. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROUED) (b) GENERAL PLAN AMENDMENT N0. 2004-00421 (c) RECLASSIFICATION NO. 2004-00137 (d) VARIANCE NO. 2004-04633 (Tracking No. VAR2005-04671) (e) TENTATNE TRACT MAP NO. 16794 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-unit single family residential subdivision. Continued from the November 14, and 28,2005, Planning Commission meetings. Approved Approved request of final site, floor, elevation and fencing plans. (With stipularion made by the applicant pertaining to modifications on Lot 1, to extend the siding on the north elevation; and Lot 4, enhancementsxo southern elevation to a level of detail similar to the other elevations.) Motion: Buffa/Flores VOTE: 7-0 Project Planner: (avazauez~a ,anaheim: netl (This item was removed from the Consent Calendar for separate discussion.} • Amy Vazquez, Associate Planner, introduced Item No. 1-B and stated the item is a request to review final plans for a 7-unit residential subdivision on the corner of Santa Ana Street and Harbor Boulevard. Some suggestions were brought up at today's Preliminary Plan Review session regarding the elevations for Lot Nos. 1 and 4, pertaining to design changes. Applicant's Statement: Bobby Sadana, 9017 Harvard Avenue, Buena Park, CA, stated he is aware of the concerns pertaining to the siding for Lot Nos. 1 and 4, and they will work with staff on the changes prior to obtaining finai permits. Chairman Eastman asked staff for direction. Greg McCafferty, Principal Planner, stated if the applicant is willing to make the changes that the Commission requested, he would recommend that the Commission accept the applicanYs willingness to make the modifications and the sripulation to be made on the plans that are submitted for building plan check, for Lot Nos. 1 and 4. DISCUSSION TIME: 3 minutes (2:33-2:36) • pECEMBER 12, 2005 - PLANNING COMMISSION MINUTES 12-12-05 Page 3 ~ DECEMBER 12, 2005 ' PLANNING COMMISSION MINUTES • 1 C. (a) CEQA CATEGORICAL EXEMPTION - CLASS 1 (b) CONDITIONAL USE PERMITNO. 2004-04952 (Tracking No. CUP2005-05058) Agent: : Steve Elkins, 128 West Sycamore, Anaheim, GA 92805 Location: 400 401 407 408 416 and 424 North Anaheim Boulevard: Parcel 1: Property is approximately 0.3 acre, located on the northwest corner of Anaheim Boulevard and Adele (401 and 407 North Anaheim Boulevard) Parcel 2: Property is 15 acres located at the northeast corner of Anaheim Boulevard and Adele (400, 408, 416 and 424 North Anaheim Boulevard). Request for determination of substantial conformance for floor and elevation plans for a previously-approved public dance hall, banquet ha{I and community and religiaus facility with sales of alcoholic beverages for on-premises consumption. • (This item was removed from the Consent Calendar for separate discussion.) Concurred with staff Determined to be in substantial conformance with previously-approved exhibits. MOTION ON CEOA Velasquez/f'erea ' MOTION ON CUP Velasquez/Romero VOTE: 7-0 Project Planner. (avazauez@anaheim. net) Amy Vazquez, Associate Planner, introduced Item No. 1-C and stated the item is a request for determination of substantial conformance for a previously-approved pubiic dance hall, banquet hall and community center. The applicant was present with revisions to the floor and elevation plans. Input was received from the community to develop the site with a real distinct type of architecture, and staff is supportive of the design and recommends approval of the request. Applicant's Statement: Bill Taormina, 128 W. Sycamore Street, Anaheim, CA, referred to the "model" which he presented before the Commission and stated it is in direct response to community meetings since the last Planning Commission meeting, as they had indicated they would seek the input of the community. They changed the entrance from Adele Street and Anaheim Boulevard, to the north side of the building in order for people to enter the building on their own property rather than City sidewalk. They changed the architecture from a box, to something more contemporary. Public Testimony: Joyce Morris, 1100 W. Center, Anaheim, CA, stated she has been involved with other projects that Mr. Taormina has put together, and he has always made a great effort to get together with the community. She expressed support of the subject request and asked that the Commission support the project. Commissioner Perez asked Mr. Taormina for clarification regarding the trellis/design. Mr. Taormina responded the trellis/design is on the north side and the south side of the building and it is • shown as an object of a trellis not knowing what it would be made of, most likely a dark bronze material to go with a craftsman theme. The colors and materials hopefully would be a result of their next meeting with the community, when the model is shown. They are leaning towards something in a bronze metal 12-12-05 Page 4 DECEMBER 12, 2005 PLANNING COMMISSION MINUTES • with Ivy growing up. lt would also be in the front; as it would be growing over stack rock. Their attempt is to get landscaping in an area that would not normally have it, that it being a concrete sidewalk. Commissioner Perez stated it is a very unique design and appreciates the development to the community. DISCUSSION TIME: 5 minutes (2:37-2:42) u • 12-12-05 Page 5 . DECEMBER 12, 2005 ' PLANNING COMMISSION MINUTES ~ • 1D. a) CEQA EXEMPTION SECTION 15061 b 3 ( ( 1( ) (b) REQUEST FOR PLANNING COMMISSION INITIATION OF APPLICATIONS FOR GENERAL PLAN AMENDMENT NO. 2005- °` 00440. AN AMENDMENT TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1 (Trackinq No. SPN2005•00032)AND AMENDMENT TO CONDITIONALUSE PERMIT NO. 4078 (Trackinq Na`CUP2005-05053) REGARDING THE ANAHEIM GARDEN WALK PROJECT Agent: William J. Stone, Excel Realty Holdings, LLC., 17140 Bernardo Center Drive, Suite 310, San Diego, CA 92128 Location: Muitiale Properties: Property is approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine' Street, and Disney Way and Katella Avenue. The project site has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. The site is vacant except for the Anaheim Plaza Hotef and Suites at 1700 South Harbor Boulevard. • Request for Planning Commission initiation of applications for a General Plan Amendment, an amendment to The Disneyland Resort Specific Plan No. 92-1, and amendment to Conditional Use Permit No. 4078 for a portion (Area 6) of the Anaheim Garden Walk project. u Concurred with staff Approved initiation for General Plan Amendment proceedings Consent Calendar Approval VOTE: 7-0 Project Planner. (twhife an.anaheim.net) 12-12-05 Page 6 5 DECEMBER 12, 200 ' PLANNING COMMISSION MINUTES ~ Min 1E. Receiving and approving the Minutes from the Planning Commission Meeting of November 14, 2005. (Motion) Continued from the November 28, 2005, Planning Commission meeting. 1F. Receiving and approving the Minutes from the Planning Commission Meeting of November 28, 2005. (MotionJ • • Continued to January 9, 2006 Motion: EastmanNelasquez VOTE: 7-0 Continued to January 9, 2006 Motion: EastmanNelasquez VOTE: 7-0 12-12-05 Page 7 ~ DECEMBER 92, 2005 ' PLANNING COMMISSION MINUTES :~ Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION Romero/Flore§ Approved 2b. - WAIVER OF CODE REQUIREMENT Romero/Flores Approved 2c. CONDITIONAL USE PERMIT NO. 2005-05028 Romero Granted 2d. TENTATIVE PARCEL MAP NO. 2005-247 Romera/Buffa Approved Owner: Calvada Development, Shawn Qanesh, 26996 La Paz Road, Aliso Viejo, CA 92656 Modified Condition Nos. 2 Agent: Meg Beatrice, Architecture M, 800 East Ocean Boulevard, and 43 Suite 105, Long Beach, CA 90802 Location: 1131 West Lincoln Avenue: Pro ert is a roximatel p Y PP Y vOTE: 6-0 Commissioner Perez abstained : 0.39-acre, located at the northeast corner of Lincoln , Avenue and Carieton 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 setback, (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, and November 28, 2005, Planning Commission meetings. Conditional Use Permit Resolution No. PC2005-156 Project Planner. (jpramirezCa~anaheim. net) *advertised as 4,100 square-foot Chairman Eastman opened the public hearing. John Ramirez, Associate Planner, introduced Item No. 2. He stated there were two changes made to the plan since the last meeting. The first is the relocation of the loading area, as it was previously against the eastern portion of the project which would have been visible from Linco{n Avenue. Staff made a suggestion to the applicant to relocate it to the back of the property in order for it not to be visible from Lincoln Avenue; and the second change was the incorporation of an outdoor seating area at the northeast corner of the building adjacent to the front of the Starbucks. The entry way was slightly relocated and a partially covered seating area containing 8 chairs is located in the area as indicated on page 4 of today's staff report. He pointed out staff s recommendation is still to continue the item in order to redesign the project. In addition, he stated staff has had some discussions with Mr. Timor Rafiq, the parking consultant, pertaining to the impact on the parking demand. A few sites were surveyed and the general outcome was that if the Starbucks facility did not have a drive through lane then it intended to have a higher on-site parking demand than a Starbucks with a drive through lane. The variation was minor, but it was still significant and the fewer number of parking spaces available on site magnified the significance of the difference. • Commissioner Perez stated as a representative of Starbucks that he will abstain from the subject item. 12-12-05 Page 8 DECEMBER 12, 2005 PLANNING COMMISSION MINUTES • ApplicanYs Statement: Shawn Danesh, 26996 La Paz Road, Aliso Viejo, CA, stated he is present to answer any questions. Donna Galvan, 2109 Arbor Circle, Brea, CA, stated she is the representative for Calvada Development Group, Community Relations. They spoke with local residents and businesses in a 300 foot radius surrounding the proposed retail site, and they actually expanded the radius a bit further out in order to ensure that they covered all the residents and businesses in the subject area. They had an overwhelming positive response with 84 of the residents/businesses, as they were excited about the proposed project and improvement to the area. She stated a petition with 84 signatures in support was received and asked for Commission's support of the project. Public Testimony: Joyce Morris, 1100 W. Center, Anaheim, CA; stated she could see the site from her front window as she can also see the strip mall immediately across the street at the corner af West Street and Center Street. She reviewed the subject elevations and feels the applicanf is going to a great effort to make the project fit in. If may not have a setback and the landscaping required; however, the buildings on either side of the proposed project do not have any setback. Anaheim Lock & Key and Casa Garcia are right on:the sidewalk. She expressed her support of the proposed project and feels it will improve the neighborhood, and asked for Commission's support of the project. Bill Taormina, 128 W. Sycamore Street, Anaheim, CA, stated he is present because he is the property owner directly across the street to the south, known as the 5 Points building. He stated he visited 6 of the other sites that the subject company has built, and was impressed bytheir maintenance, construction and operation of their facilities. He referred to the setback and landscaping, and stated the 5 Points historic • building will also be on the sidewalk. He expressed support of the proposed project and stated that Calvada Development is a great group to have in Anaheim. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa stated at the last two meetings she expressed concern with the drive through along Lincoln Avenue. Following the last meeting, she talked to a property owner who owns property just west of the subject site and he talked about the value the proposed project would bring to the community. She also referred to the petition of support submitted with 84 signatures; and stated she has changed her position and expressed support of the project. Commissioner Romero stated he met with representatives from the project and has been out to see the site. He feels it would be a good project for the community and expressed his support. Commissioner Flores stated she supports the enhanced landscaping and the project. Commissioner Velasquez expressed her support of the project. Chairman Eastman stated she feels that the justification for the project is that it is unique in its location and the setback issue would be more appropriate if it didn't have two historic buildings on either side of it sitting very close to the sidewalk. She expressed her support of the project. Mr. Ramirez read into the record modifications to Condition No. 43. Commissioner Velasquez asked for clarification regarding the time restrictions, and when Subway would be open. • Chairman Eastman referred to Condition No. 2, and stated she believes the condition means that Subway will not open prior to 11:00 a.m., for serving the public. 12-12-05 Page 9 DECEMBER92, 2005 PLANNING COMMISSION MINUTES • Mr. McCafferty responded that was based on the parking study that was conducted, Chairman Eastman clarified that the employees could be there before 11:00 a.m., but the doors will not open to the public until after 11:00 a.m. Mr. McCafferty suggested that if they want to entertain an earlier time than 91:00 a.m., then he would ask Timor Rafiq from Rafiq & Associates, who conducted the parking study to comment on the issue. Timor Rafiq from Rafiq & Associates, stated they are consultant to the City and conducted a prior review of a parking study that was prepared for the applicant and based on that study, the parking fhat is being proposed is adequate. Based on their observations, when you have two uses such as Subway and Starbucks, #he Starbucks peak would be typically before work and after work hours. The concern was that the subject parking is very tight. If you had a situation where you had a Subway serving food at the same time that Starbucks had its peak, then there may be a problem. if there was moreleeway of parking availability, then one may overlook the issue. But, since the parking is so tight you wouldn't want to overlook the issue. There is no problem with Subway being open to prepare the food because that is not a high demand. But, in terms of opening up to the public there is a likelihood that there may be a problem because of the tight parking. Chairman Eastman asked if it was their recommendation for them not to be open before 11;00 a.m. Mr. Rafiq stated they didn't give the specific hour, but merely recommended to staff that the parking studies done by the applicant's consultant based on those studies, that ihey appear to have enough parking but there are certain assumptions that have been made in their view that it was not as conservative as it could have been. Chairman Eastman asked what time would be the earliest that they would support for the dual uses. • Mr. Rafiq responded if they go by the peak for Starbucks in the morning, typically by 9:00 a.m., the peak would be over, therefore he feels they could move it earlier than 11:00 a.m. Mr. McCafferty stated based on the parking study it appears that the number of spaces that are proposed would be adequate for the peak based on the three case studies, therefore staff would agree with 9:00 a.m. or 10:00 a.m. Mr. Rafiq expressed his agreement in modifying the conditions of approval. OPPOSITION: None IN SUPPORT: 2 people spoke in favor of the subject request. Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the 7entative Parcel Map ending at 5:00 p.m. on Thursday, December 22, 2005; and presented the 22-day appeal rights for the Conditional Use Permit ending at 5:00 p.m. on Tuesday, January 3, 2Q06. DISCUSSION TIME: 33 minutes (2:43-3:16) • Commissioner Flores left the Council Chambers at 3:16 .m. P 12-12-05 Page 10 DECEMBER 12, 2005 ' PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION 3b: WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT N0.2005-05031 Owner: Mark Ghassemi, 301 East Ball Road, Anaheim, CA 92805 Agent: Patrick Anderson, 16022 Aria Circie, Huntington Beach, CA 92649 Location: 301 East BaII Road: Property is approximately Q.93-acre, having a fronfage of 150 feet on the north side of Ball Road and is located 333 feet east of the centerline of Technology Drive (Ollin Internationai, Inc.). Request to permit and retain an existing outdoor storage area and to install an overhead'crane to load trucks with slab materials in conjunction with an existing wholesale building material (stone) distribution business with waiver of minimum number of parking spaces: Continued from the October 31, and November 14, 2005, Planning Commissian meetings. Conditional Use Permit Resolution Na r~ ~ OPPOSITION: None DfSCUSSION TIME: This item was not discussed. • Continued to January 9, 2006 Motion: Fiores/Velasquez VOTE: 7-0 Project Planner.~ (iaramirezC~n anaheim.nef) 12-12-05 Page 11 . DECEMBER 12, 2005 PLANNING COMMISSION MINUTES • t 4a. CEQA CATEGORICAL EXEMPTION - CLASS 1 AND 15 Continued o 4b. TENTATIVE TRACT MAP NO. 16958 January 9, 2006 Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way, Suite 11-0, Anaheim, CA 92802 Motion: Perez/Buffa Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa vOTE: 7-0 Mesa; CA 92626 Location: 777 Convention Wav: Property is approximately 8.5 acres, located at the northwest corner of Hotel Way and Convention Way (Anaheim Hilton). Request to establish a 1-lot, airspace hote( subdivision for investment Pro~ect P~anner.• (cfloresCa~anaheim.net) pul'pOSeS. OPPOSITION: None • DISCUSSION TIME: This item was not discussed. • 12-12-05 Page 12 r~ u . DECEMBER 12, 2005 PLANNING COMMISSION MINUTES 5a. CEQA NEGATIVE DECLARATION Buffa/Velasquez Approved 5b. CONDITIONAL USE PERMIT NO. 2005-05043 Buffa Granted ! Owner: M& B Enterprises LLG, 5464 East La Palma Avenue, Anaheim, CA 92807-2023 Agent: Phillip R. Schwartze, PRS Group, 31682 EI Camino Real, San Juan Capistrano, CA 92675-2657 Location: 5464 East La Palma Avenue: Property is approximately 2.4 acres, having a frontage of 15 feet on the south side of La Palma Avenue and is located 1,097 feet east of the centerline of Brasher Street. Request to permit a 20,823 square foot youth physical fitness facility. Conditional Use Permit Resolution No. PC2005-157 I Chairman Eastman opened the public hearing. Kirnberly Wong, Planning Aide, introduced Item No. 5. • ApplicanYs Statement: VOTE: 6-0 Commissioner Flores absent Project P/anner. (kwonp(a~anaheim. net) Tom Montanio, 1219 Sheppard Drive, Fullerton, CA, stated they will be one of the first businesses that take a huge step at both child obesity and youth sports injury situations. Tliey are in agreement with staffs recommendations. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa asked if the training facilities are geared towards a particular sport or conditioning. Mr. Montanio responded they are attacking from two standpoints, one is the child obesity situation where they will have general programs to keep kids active, and they also want to attack the high youth injury situation where kids play year-round sports but never condition for the specific sport. They will have different programs geared towards specific sport conditioning needs in order to strengthen the necessary muscles for that sport. Commissioner Perez asked if they have other site locations. Mr. Montanio responded the proposed business is a new business. Commissioner Romero asked how they would attract new members and what would be the target age. Mr. Montanio responded the age would be 9-18 year olds, and they plan to provide information to schools and place ads in the newspaper. ~ 12-12-05 Page 13 DECEMBER 12 2005 PLANNING COMMISSION MINUTES . OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 3, 2006. DISCUSSION TIME: 5 minutes (3:17-3:22) ~ 12-12-05 Page 14 ; DECEMBER 12, 2005 PLANNING COMMISSION MINUTES • u 6a. CEQANEGATIVE DECLARATION ed to Contin 6b. WAIVER OF CODE REQUIREMENT January 9, 2006 6c. CONDITIONAL USE PERMIT NO. 2005-05045 6d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00023 Motiond Romero/Velasquez Owner: Interpacific Asset Management, Richard Farms Trust, 5505 vOTE: 6-0 Garden Grove Boulevard, # 150, Westminster, CA 92683 CommissionerFlores absent Agent: Milestone Management, 21196 Jasmines Way, Lake : Forest, CA 92630 Location: 2011 East La Palma Avenue: Property is approximately 9 acres, located north and east of the northeast corner of State College Boulevard and La Palma Avenue. Conditional Use Permit No. 2005-05045 -Request to permit a pharmacy with a drive-through and accessory sales of alcoholic beverages for off-premises consumption with waiver of maximum letter height for wall signage. Determination of Public Convenience or Necessity No. 2005-00023 - To permit sales of alcoholic beverages for off-premises consumption within a proposed pharmacy. • ti N it R l l U P di i on a eso u erm t ona se Con ProjecrP~anner. Public Convenience and Necessity Resolution Na (dherrick ananaheim. net) Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 6 and stated staff recommends that the item be continued to the January 9, 2006, meeting in order for the applicant to work with staff on several items, including additional landscaping of the building and revising the drive through, entryway and loading area. Staff has been working with the applicant and plans were provided but the plans have not been incorporated. Therefore, the plans would need to be incorporated and be continued in order for Planning Commission to approve any modifications. Applicant's Statement: Roger Barbosa, Milestone Management, 21196 Jasmines Way, Lake Forest, CA, stated they are in agreement with the staff report findings and conditions of approval, with the exception of the request for continuance of the subject item. Staff referred to another CVS lacation in Buena Park at Knott and La Palma Avenue as an example of how the building might be oriented. In principal, staff's concerns with priorities are the same as theirs because they would prefer their building to be just as easily recognizable and accessible. The subject site is a unique situation in that unlike the example used in Buena Park they ' are in the front portion of an existing center with retail behind them, which imposes several restrictions. They can not infringe anymore than they already have on the field of parking between them and the main retail of the center. It precludes them from rotating their building, because they will begin to infringe on the field of parking and the landlord refused that option. • He pointed out that they have agreed to relocate the two dumpster locations over between their building and the retail area, and a plan was submitted to staff but was not submitted early enaugh for today's meeting. If the loading zone is an area of concern, they would be more than happy to continue working 12-12-05 Page 15 DECEMBER 12, 2005 PLANNING COMMISSION MINUTES ~ with staff on some screening options. With regard to the location of the entrance to the store, the problem with locating it'on the street side is that internally it would,cause CVS a problem because of the internal relationships of all the departments it requires that their entrance door be opposite the corner where the drive through lane is. Therefore, the can not "flip" the building because they isolated the only point of access to their store from all the parking available to it. ' He expressed interest in continuing to work with staff in order to address additional concerns pertaining to screening. ; He stated if it's not Commission's wish to approve the project as currently presented then he would ask, alternately, that the request be approved with one added condition. The condition being that they continue to work with staff on a compromise and that the Commission would review it at the next meeting rather than continuing the entire approval process. Celso Martinez, 4010 Watson Plaza Drive, Lakewood, CA, stated he works for Zaremba Group Limited, and they are the developer for CVS Pharmacies in California. He expressed some concerns with staff's recommendation as they have some time limits with the' landlord and have signed leases and is ready to go on the project. The Black Angus has already signed a termination lease. Also, he visited the Buena Park CVSto see how it compares with their current situation and he believes that site is a new development. There are four points of access to CVS in Buena Park, and the subject location does not have that option. He explained that if they were to switch the building around to face the door to #he southwest corner of the property it would completely change the parking layout configuration. He isn't sure if they would be able to comply with all the restrictions on the shopping center due to existing leases, . etc. He feels the proposed request is the best and most efficient use of the property and it is a good . layout because it is accessible to the public. He pointed out they would provide landscaping to help' ease the visibility of the drive through on La Palma Avenue and they have offered to add additional landscaping around the building. THE PUBLIC HEARING WAS CLOSED. ~ Commissioner Perez referred to the traffic flow pattern and asked staff if there is a historical traffic study pattern that shows why the subject design would work in favor or against the particular plan. Greg McCafferty, Principal Planner, responded he believes the applicant was referring to the circulation on site and what it does to the existing parking fields that surround the building because of lease obligations with other tenants on the property in order to reorient the building to address staff's concerns about having the front door facing La Palma Avenue because that would require them to take more space to the north and reconfigure the drive aisles. Commissioner Buffa stated she does not understand why you cannot "flip" the whole building and put the loading docks on the west side of the building and the trash on the west side of the building by the service station, and the front door more oriented up towards the uses on the eastern side of the property. Mr. Barbosa responded that was one option the architect considered but it was dismissed after they visited the site because it is one thing to look at the site plan as it looks like they have a solid row of buildings to their west, and they do not. The gas station is an open layout with canopies, and then the smaller Wendy's. The west is the primary exposure to the site because that is where the main intersection is and where traffic exists which they are competing for, and to put the front door facing east would be as they are putting their backs to most of the traffic and exposure. Further discussion amongst Commission and applicant took place pertaining to the location/orientation of the building. Commissioner Buffa expressed concerns pertaining to the location of the loading dock, and trash pick-up on the same wall as the front door, and stated she doesn't feel there is adequate landscaping adjacent to the building to soften the architecture, particularly on the southern side on the south elevation. r Mr. Martinez responded they have agreed to work with staff on the landscaping issue. 12-12-05 Page 16 DECEMBER 12, 2005 • PLANNING COMMISSION MINUTES Commissioner Romero concurred with Commissioner Buffa and stated he feels they have an oppor#unity • to improve the subject area. Also,' if the trash dumpster is placed on #he other side where the service station is that it would be a much more attractive building. Mr. Martinez stated they have moved them, but staff did not have enough time to incorporate the new drawings, and they have been moved to the north side of the building. Further discussion amongst Commission, staff and applicant took.place pertaining to theJocation of the trash enclosure. Mr. McCafferty stated since the site plan would need to be revised per the relocation of the trash enclosures, he would suggest a continuance of the item. Commissioner Karaki expressed his support of the layout because you can not put the parking facing La Palma Avenue as the accessibilitywould belimited to customers; and suggested that theJandscaping be enhanced and the loading zone to be out of public view as much as possible. Chairman Eastman concurred with Gommissioner Karaki. ' Further discussion amongst Commission, staff and applicant took place pertaining to Jandscaping. _ Mr. Martinez stated they would be happy to work with'staff on the issues raised at today's meeting. ~ OPPOSITION: None DISCUSSION TIME: 37 minutes (3:23-4:00) Commissioner Velasquez left the Council Chambers at 4:00 p.m. r 12-12-05 Page 17 r DECEMBER 12,2005 PLANNING COMMISSION MINUTES 7a. CEQA NEGATIVE DECLARATION Perez/Buffa Approved 7b. RECLASSIFICATION NO. 2005-00171 Perez 7c. CONDITIONAL USE PERMIT NO. 2005-05050 Perez 7d. TENTATIVE PARCEL MAP NO. 2005-259 Perez/Buffa Owner: Isam Hanna, 5830 East Lavendar Court, Orange, CA 92867 Agent: Terry Smith, KTK Construction, 18627Brookhurst Street, Suite 349, Fountain Valley, CA 92708 Location: 601 South Western Avenue: Property is approximately 0.4-acre, located at the southwesf corner of Western Avenue and Orange Avenue. Reclassification No. 2005-00171 - Request to reclassify this property from the C-G {General Commercial) zone to the RS-4 (Residential, Single-Family) zone. Conditional Use Permit No. 2005-05050 - Request to permit four, small lot single-family residences. Tentative Parcel Map No. 2005-259 - To establish a 4-lot, 4-unit, detached single-family residential subdivision. • Reclassification Resolution No. PC2005-158 Conditional Use Permit Resolution No. PC2005-159 Chairman Eastman opened the public hearing. Amy Vazquez, Associate Planner, introduced Item No. 7. Applicant's Statement: Granted Granted Approved VOTE: 5-0 Commissioners Flores and Velasquez absent Project Planner.• (avazquezcni anaheim.netl Sam Hanna, 5830 East Lavendar Court, Orange, CA, stated he is the applicant for the item and is present to answer any questions, and agrees with the conditions of approval. Public Testimony: Ida Huff, 623 S. Western Avenue, Anaheim, CA, stated she is west of the subject property and feels that having a driveway at Western and Orange Avenue is absurd, and expressed opposition to the subject request due to traffic and safety issues. Applicant's Rebuttal: Terry Smith, KTK Construction, 18627 Brookhurst Street, Suite 349, Fountain Valley, CA, stated they looked at several possibilities at entering and exiting the subject property, and currently there are four • driveways that serve the property as it is zoned for an automotive service station; and they are faking it down to just one drideway and the location of the driveway is the recommendation of the City Traffic 12-12-05 Page 18 DECEMBER 12, 2005 PLANNING COMMISSION MINUTES • Engineer. They do not have to back out onto Western Avenue as the cars will drive in and drive out onto Western Avenue. Chairman Eastman asked for clarification if there are sidewaiks around that corner. Mr. Smith responded yes. ; _ THE PUBLIC HEARING WAS CLOSED. Commissioner Romero expressed his support of the project as it is a great design and a good addition to the area. Commissioner Perez concurred with Commissioner Romero. Chairman Eastman expressed her support of the project, and she commended the developer for coming up with a creative solution to a difficult parceL Commissioner Karaki concurred with Chairman Eastman. OPPOSITION: A person spoke with concerns pertaining to the proposed driveway. Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Parcel Map , ~ ending at 5:00 p.m. on Thursday, December 22, 2005; and presented the 22-day appeal rights for the balance of the items ending at 5:00 p.m. on Tuesday, January 3, 2006. DISCUSSION TIME: 11 minutes (4:01-4:12) • 12-12-05 Page 19 . DECEMBER 12, 2005 > PLANNING COMMISSION MINUTES ~ 8a. ADDENDUM TO THE POINTE ANAHEIM INITIAI. Buffa/Perez Approved STUDY AND MITtGATED NEGATIVE DECLARATION/ MODIFIED MITIGATION MONITORING PLAN N0.' 004 (PREVIOUSLY-APPROVED) 8b. CONDITIONAL USE PERMIT N0. 4078 Buffa Approved amendment (Tracking No. CUP2005-05053) - 8d. DEVELOPMENT AGREEMENT NO. 1999-01 Buffa Recommended City (Tracking No. DAG2005-00009) Council Approval Agent: William J. Stone, Excel Realty Holdings, LLC., 171a0 Bernardo Center Drive, Suite 310, San Diego, CA 92128 Location: Multiple Proaerties: ' Property is approximatefy 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The project site had approximate , frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 #eet on the north side of Kateila Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. The site is vacant except for the Anaheim Plaza Hotel and Suites at 1700 South Harbor Boulevard. • Conditional Use Permit No. 4078 - Request to amend the conditions of approval of Conditional Use Permit No. 4078 pertaining to the development of the Pointe Anaheim Lifestyle retail and entertainment complex (Anaheim GardenWalk)to extend the commencement date of the initial phase of development for one (1) year until February 26, 2007. Development Agreement No. 1999-01 (Tracking No. DAG2005-00009) - Request for Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 regarding the commencement date of the Initial Development Phase of the Anaheim GardenWalk Project. Conditional Use Permit Resolution No. PC2005-160 Development Agreement Resolution No. PC2005-161 Chairman Eastman opened the public hearing. Ted White, Senior Planner, introduced Item No. 8. Applicant's Statement: '~ VOTE: 5-0 Commissioners Flores and ' Velasquez absent Project P/anner.~ (twhite@ anaheim. net) William J. Stone, Excel Realty Holdings, LLC., 17140 Bernardo Center Drive, Suite 310, San Diego, CA, stated the owner of the property acquired Anaheim GardenWalk in March of this last year. Since then they have proceeded to redesign and improve the project, which was already a very good project. They have been working diligently with staff, and in the process they are concurrently requesting to amend the ! General Plan, Specific Plan of the CUP and the development documents. Their plans are to be back in late February with the Final Site Plan for approval as well as the amendments to the documents. At this 12-12-05 Page 20 ~ . DECEMBER 12, 2005 - PLANNING COMMISSION MINUTES time, they are requesting that the deadlines in the CUP and the Development Agreement be extended for one year because they fall prior to the meetin~ in February. ; THEPUBUC HEARING WAS CLOSED. Commissioner Karaki stated he feeis the project will do extremely we~l, as they are in need of such projects and it wiU be a great asset to the City of Anaheim. Commissioners expressed their supporfiof the project. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 3, 2006. DISCUSSION TIME: 6 minutes (4:13-4:19) ~ r 12-12-05 Page 21 DECEMBER 12, 2005 PLANNING COMMISSION MINUTES ~ a MOTION: Commissioner Perez offered a motion, seconded by ', Commissioner Karaki and MOTION CARRIED (Commissioners Flores and Velasquez absent), directing staff to forward to City Council the study conducted by staff pertaining to compensation for Planning Commissioners in '', other local cities, in order to evaluate the compensation of the Anaheim ' Planning Commission. MEETING ADJOURNED AT 4:30 P.M. ~ TO MONDAY; JANUARY 9, 2006 AT 1:00 P,M. FOR PRELIMINARY PLAN REVIEW. ~ Respectfully submitted: ~ /~ ~r~%~~ ~~~'~~ Elly Morris Senior Secretary Received and approved by the Planning Commission on ~,f~ar v 222006. 12-12-05 Page 22