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Minutes-PC 2006/01/23. ~A~"~"" ~~ CITY OF ANAHEIM ~ ~ ~' ~~~ • • ~ o ~ Planning Commi~sion , ~. ~ Minutes , ~ D _ ~~~~~~ Mondav, Januarv 23, 2006 . . - o~ ,~, ~ Council Chamber, City Hall O $~ 200 South Anaheim Boulevard, Anaheim, California ~NDED l CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, JOSEPH KARAKI, ED PEREZ, PANKY ROMERO, PA7 VELASQUEZ Commissioners Absent: NONE Staff Present: Mark Gordon; Assistant City Attorney Dave See, Senior Planner Greg Hastings, Planning Services Manager James Ling; Principal Civil Engineer Greg McCafferty, Principal Planner Della Herrick, Associate Planner Judy Dadant, Senior Planner John Ramirez, Associate, Planner JessicaNixon, Planning Aide Elly Morris, Senior Secretary • Agenda Posting: A"complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on Thursday, January 19, 2006, 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, December29, 2005 • CaII To Order Preliminary Plan Review 11:00 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE JANUARY 23, 2006 AGENDA • Recess To Afternoon Pubfic Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 17 aqenda please complete a sQ,eaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Karaki • Public Comments • Consent Calendar • Public Hearing Items • Adjournment • You may leave a message for the Planning Commission using the following e-mail address: el,anni,n~commissionCa)anaheim net H:\TOOLS\PCADMIN\PCMI N IACT12006MI N UTES~AC012306.DOC * . JANUARY 23, 2006 _ PLANNING COMMISSION MINUTES ' • Anaheim Planning Commission Agenda - 2:30 P.M. items of Public Interest: Presentation of a plaque accepted by Commissioner Panky Romero on behalf of David Romero in acknowledgement of his 2'/2 years of service on the Planning Commission. Commissioner Panky Romero accepted a plaque on behalf of David Romero in acknowledgement of his : 2'/2 years of service on the Planning Commission. 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 Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED, for approval of Consent Calendar Items 1-A through 1-C as recommended by staff: UNANIMOUSLY APPROVED Reaorts and Recommendations 1A. General Plan Conformitv No. 2005-00047 Agent: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 Community Development Department request for Planning Commission determination of conformance with the Anaheim General Plan for the Amended and Restated Redevelopment Plan. General Plan Conformity Resolution No. PC2006-11 Determined to he in cont'ormance with the Anaheim General Plan and recommended Anaheim Redevelopment Agency and City Council approval Consent Calendar Approval VOTE: 7-0 Project Planner: (dsee@anaheim.net) : 01-23-06 Page 2 ; ; JANUARY 23; 2006 PLANNING COMM~SSION MINUTES " • Min e : , 1B. Receiving and approving the Minutes from the Planning Commission Continued to Meeting ofDecember 12, 2005. (Motion) February 6, 2006 Continued from the January 9, 2006, Planning Commission meeting. Consent Calendar Approval V01'E: 7-0 1C. Receiving and approving the Minutes from the Planning Commission Continued to Meeting of January 9, 2006. ' (Motion) February 6, 2006 Consent Calendar Approval VOTE: 7-0 • • 01 23-06 Page 3 JANUARY 23, 2006 PLANNING COMMISSION MINUTES • Pu lic Hearina Items: 2a. CEQA NEGATIVE DECLARATION Velasquez/Flores Approved . 2b. WAIVER OF CODE REQUIREMENT velasquezlFlores Approved 2C. CONDITIONAL USE PERMIT N0. 2005-05031 Veiasquez Granted Owner: Mark Ghassemi, 301 East BaII Road, Anaheim, CA 92805 Agent: Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA Moaitiea conaition 92649 Nos. 7 and 22 Location: 301 Easf Ball Road: Property is approximately 0.93-acre, v0'rE: 7-0 having a frontage of 150 feet on the north side of Ball Road , and is located 333 feet east of the c.enterline of Technology Drive (O!{in {nternational, 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 ofminimum number of parking spaces. Continued from the October31, November 14, December 12; 2005, and January 9, 2006, Planning Commission meetings. Conditional Use Permit Resolution No: PC2006-12 • Chairman Eastman opened the public hearing. John Ramirez, Associate Planner, introduced Item No. 2. ApplicanYs Statement: Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA, stated that he is appearing before the Commission as a representative of the owner of this property. He went on to verify that he and the owners have read and understand all the conditions attached to this item. - Mr. Andersen indicated that the project should be completed by the summer of 2006. There was a brief general discussion regarding the canopies that are at the site to guard against weather damage to the marble and granite slabs. There will be no permanent canopies when the project is completed unless authorized by the Commission in the future. THE PUBUC HEARING WAS CLOSED. OPPOSITION: None ' Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on : Tuesday, February 14, 2006. ' ~ DISCUSSION TIME: 15 minutes (2:37-2:52) 01-23-06 Page 4 JANUARY 23, 2006 PLANNING COMMISSION MINUTES • 3a. CEQA CATEGORICAL EXEMPTION - CLASS 1 AND 15 Continued to 3b. TENTATIVE TRACT MAP NO. 16958 February 6, 2006 Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way, Suite 110, Anaheim, CA 92802 Motion: Flores/Perez Agent: .> Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250; Costa voTE: ~-0 Mesa, CA 92626 Location: 777 Convention Way; Praperty is approximately 8.5 acres, located at the northwest corner of Hotel. Way and Convention Way (Anaheim Hilton). Request to establish a 1=1ot, airspace hotel subdivision for investment purposes. Continued from the December 12, 2005, and January 9, 2006, Planning project Planner: Commission meetings. (skim~a~.anaheim.net) • OPPOSITION: None , DISCUSSION TIME: This item was not discussed. JANUARY 23, 2006 PLANNING COMMISSION MINU7ES • 4a. CEQA MITIGATED NEGATIVE DECLARATION Continued to 4b. VARIANCE NO. 2005-04655 February 6, 2006 4c. TENTATIVE PARCEL MAP NO. 2005-157 Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA Motion: Perez/Flores 92807 Agent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886 voTE: 7-0 , Location: 6263 East Trail Drive: Property is approximately 3.2 acres ~ having a frontage of 47 feet at the terminus of Trail Drive and is located 145 feet west of the centerline of Whitestone _ Drive. Variance No. 2005-04655 - Request waivers of (a) maximum structural height, (b) maximum retaining walf height and (c) lof frontage on a public - or private street to construct a single-family residence. Tentative Parcel Map No. 2005•157 - To establish a 2-1ot, 2-unit detached single-family residential subdivision: Continued from the January 9, 2006, Planning Commission meeting. Project Planner. VBrianCe ResOlution No. (avazquezCc~anaherm:netl ' • OPPOSITION: None DISCUSSION TIME: This item was not discussed. JANUARY 23, 2006 PLANNING COMMISSION MINUTES • 5a. CEQA NEGATIVE DECLARATION Romero/Perez Approved 5b. RECLASSIFICATION NO. 2005-00169 Romero Granted, unconditionally *Advertised with Tracking No. RCL2005-00173 Owner: Kenneth Thompson, 711 East South Street, Anaheim, CA voTE: ~-o 92805 CP/HERS Anaheim LP, 335 Madison Avenue, #7, New York, New York, 10017 Raymond Siegele, 500 South Atchison Street, Anaheim, CA 92805 Charles Atwood, 534 South Atchison Street, Anaheim, CA 92805 , Anaheim Redevelopment:Agency,'201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Voit Anaheim Business, 21530 Oxnard Street, #B, Woodland Hills, CA 91367 : Agent: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Location: Portion A: The property is approximately 24.2 acres and is ~ located at the southeast corner of Santa Ana Street and Olive Street (516 East Santa Ana Street and 500-610 South Olive Street - Kwikset and APW sites). Portion B: The property is approximately 16.7 acres, having frontages of 455 feet on the north side of South Street and the south side of Santa Ana Street (525 - 727 East South Street and 500 - 558 South Atchison Street). City-initiated request to reclassify Portion A from the I(Industrial) zone to the RM-3 (Multipie Family Residential) zone, and Portion B from the I : (Industrial) zone to the RM-4 (Multiple Family Residential) zone or less - intense zone. Project Planner. Reclassification Resolution No. PC2006-13 (dseeananaheim.net) Chairman Eastman opened the public hearing. Dave See, Senior Planner, introduced Item No. 5. Public Testimony: Ramiro Jezama, 802 S. Dakota, #101, Anaheim, CA, expressed an interest on how the reclassification of the zoning development would impact this area. • 01-23-06 : Page 7 JANUARY 23, 2006 ' PLANNING COMMISSION MINUTES • Mr. See indicated that the sole purpose of this fiearing was to reclassify the zoning from industrial zoning to multiplefamily residential zoning. No time frame for completion or effect on existing traffic has been projected at this'time. There will be several Planning Commission hearings in the future that will address these issues. All residents surrounding the area will receive notices of #hese hearings: This reclassification is part of the General Plan that has been approved for this area. The density of the housing will be lower than what the General Plan originally called for. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None - IN GENERAL: A person asked questions related to the proposed project. , Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p:m. on - Tuesday, February 14, 2006. DISCUSSION TIME: 7 minutes (2:53-3:00) ~ JANUARY 23, 2006 PLANNING COMMISSION MINUTES • 6a. CEQA CATEGORICAL EXEMPTION-CLASS 1 Romero/Velasquez ' Concurred with staff 6b. CONDITIONAL USE PERMIT N0, 2005-05056 Romero Granted Owner: Dae Won Hong, 1808 Calavera Piace, Fullerton, CA 92833 Deleted Condition No. 7 Agent: Josephina Escalante, 221 South Magnolia Avenue, and replaced it with a Anaheim, CA 92804 new condition of aAprovaL Location: 221 South Maanolia Avenuex Suite G: Property is approximately 0.94-acre, Jocated at the northwest corner of vo'rE: 7-0 Broadway and Magnolia Avenue (Rancho Meat Market): Request to expand an existing legal nonconforming convenience market into an adjacent tenant space. Project Planner. , Conditional Use Permit Resolution Na PC2006-14 rinixonCa~anane~m.ner~ • Applicant's Statement: Eric Escalante, 221 S. Magnolia, Anaheim, CA, represented the market owner in this discussion. He agreed with all the conditions regarding this property including the issue of trash containers and pick-up. Chairman Eastman opened the public hearing. Jessica Nixon,Planning Aide, introduced ltem No. 6. Ms. Nixon identified that all trash generated by the opening of the new meat market and commerc~al retail center will be properiy contained in approved trash enclosures with the number of bins and trash pick-up as necessary to ensure the sanitary handiing and timely removal of refuse from the property. If the cosf of an additional number of bins or the pick-up frequency of the trash bins needs to be increased, the increased cost for this will be paid by the business owner. Public Testimony: Tom Yanulaytis, 2614 W. Broadway, Anaheim, CA, stated that he is concerned about the visual aspect of the refuse containers as he lives directly across the street from the market. He noted that in his opinion the owner of the meat market should not be responsible for the additional trash pick-ups that are required for the meat market at this time. He also expressed a concern regarding increased traffic. He noted that there exists a history with the Anaheim Police Department by responses to existing traffic accidents and that possibly these accidents would increase. He requested that the Commission review the Anaheim Police Departments' accident responses to this area and review the need for modification of the traffic signals. THE PUBLIC HEARING WAS CLOSED. Mr. See addressed Mr. Yanulaytis' concerns by saying that this is an existing retail center and that the access points are located at the appropriate places away from the intersections. He stated that there is no correlation between traffic and the expansion of the meat market because there was an existing business there before. . • Mr. See went on to say that Community Preservation could be asked to take a look at the trash issue and how to improve trash pick-up for the entire center, but that any additional trash pick-up forthis business should be at the owner's expense. This issue needs to be addressed before the meat market is opened. : 01-23-06 page 9 JANUARY.23; 2006 PLANNING COMMISSION MINUTES ! There was a general discussion regarding the existing banners and window signage that is currently in use at this site. It was agreed that the banners and window signage would be brought into agreement with the CUP. OPPOSITION:` None IN GENERAL: A person spoke and submitted a letter with concerns related to the subject business and ' ' commercial center. MarK Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 14, 2006. DISCUSSION TIME: 15 minutes (3:01-3:16) • JANUARY23, 2006 PLANNING COMMISSION MINUTES • 7a. CEQA M171GATED .NEGATIVE DECLARATION Karaki/Vetasquez Approved AND MITIGATION MONITORING PLAN NO. 125 (PREVIOUSLY-APPROVEDI Recommended City 7b. DEVELOPMENT AGREEMENT N0. 2004-00002 , Karaki Council approval (Tracking No. DAG2005-00010) ' 7c. TENTATIVE TRACT MAP NO. 16618 Karaki/Ftores Approved Owner: CREA Nexus Anaheim Corners, LLC, 9381 Judicial Drive, ' Suite 100, San Diego, CA 92121 DAG Agent: David Slaughter, Fuscoe, Engineering, 16795 Von Karmen, Madified Exh~bit ~~F° Irvine, CA 92606 : Eric L. Heffner, Nexus Properties, Inc.; 9381 Judicial, Drive, vOTE: 7-0 Suite 100, San Diego, CA 92121 Location: 1801 East Katella Avenue: Property is approximately 6.3 acres and is located at the northwest corner of Katella Avenue and State College Boulevard (Stadium Lofts - ' Anaheim). Development Agreement No. 2005-00002 - Request to amend a Development Agreement between the City of Anaheim and CREA/Nexus Anaheim Corners, LLC to allow residential condominiums. Tentative Tract Map Na 16618 - Request to establish a 1-lot, 390 unit residential mixed use condominium subdivision.* ~ Development Agreement Resolution No. PC2006-15 Project Planner. "Advertised as residential condominium subdivision. (ipramirezan,anaheim:netl Chairman Eastman opened the public hearing. John Ramirez, Associate Planner, introduced Item No. 7. Mr. Ramirez read into the record a modification to Exhibit "E". This modification states that the maintenance obligation would include exterior building faCades associated with the commercial and retail ground floor uses including, but not limited to, themed physical design features, signage issues and supporting structures. This condition is in accordance with the approved Platinum Triangle Mixed Use Overlay and the Master Use Plan. Applicant's Statement: David Slaughter, Fuscoe Engineering, 16795 Von Karmen, Irvine, CA appeared for the owner with regards to this Item. He stated that the owner has not decided to keep this area as apartments for rent or to sell them as condominiums. The owner has been independently approached to sell these units as condominiums. A decision on the cost of these units has not been determined at this time. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez asked staff if there were any additional parking requirements if the units were • apartments or condominiums. 01 23-06 _ Page 11 JANUARY 23, 2006 PLANNING COMMISSION MINUTES • Greg Hastings replied no, they are the same for. both: The only difference would be the amount of fees involved with apartments and ownership units: Mr. Hastings reassured the Commissioners that there are no other impacts that would exist if the apartments were to be turned into condominiums. Commissioner Flores asked if the units would be a mixture of apartments and condos. Mr. Slaughter said that all the units would either be apartments for renf or condominiums which would be' : for sale. Commissioner Romero asked if there are any obligations to the public if the units are apartments or condominiums. Mr. Hastings responded that everything is treated the same, regardless if the units are apartments or condominiums. Commissroner Flores inquired about the outside patios for the units and if they would be regulated as to what would be allowed or not allowed. Mr. Slaughter stated that the balconies could not be used for hanging clothes. The'use of the balconies would be under the supervision of the Home Owners Association. Also the design of the balconies does notlend itself to improper use. : ~ OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map ending at 5:00 p.m. on Thursday, February 2, 2006; and presented the 22-day appeal rights for the balance of the items ending at 5:00 p.m. on Tuesday, February 14, 2006. DISCUSSION TIME: 23 minutes (3:17-3:40) • 01-23-06 Page 12 JANUARY 23, 2006 PLANNING COMMISSION MINUTES ~ $a. CEQA NEGATIVE DECLARATION - ' Continued ro _ 8b. WAIVER OF CODE REQUIREMENT February 22, 2006 ' 8c: CONDITIONAL USE PERMIT NO. 2005=05049 Owner: Investment Fremont, 175 North Riverview Drive, Anaheim, CA 92808 Motion: Perez/Velasquez Agent: Jay Malloy, 8200. Easf Crystal Drive, Anaheim, CA 92807 vOTE: 7-0 Location: 5635 East La Palma Avenue: Property is approximately 5.6-acres, having a frontage of 275 feet on the north side of La Palma Avenue and is located 296 feet west of the centerline of Imperial Mighway (Cinema City Theatres).; Request to permit storage of vehicles within an existing parking structure for an off-site automotive dealership with waiver of minimum number of parking spaces. Pro~ect P~anner, ConditionaL Use Permit Resolution Na {dnerr~ckCa~ananeim ner Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 8. ~ Ms. Herrick also noted that an amendment would be made so that no car carriers would be permitted on the site. The cars would be individually driven to the parking structure. ApplicanYs Statement: Jay Malloy, 8200 East Crystal Drive, Anaheim, CA, stated that they are aware of the conditions of approval and are in agreement with them. Public Testimony: Dick DeBeities, 5289 Alton Parkway, Irvine, CA, as the original developer(ownerlagent of the lmperial Promenade Shopping Center, spoke in opposition to Item No. 8. He stated that the proposed car bam was not in accordance wifh the agreed function of the existing parking structure and would detract from ' the overall appearance and use of the 10 acre commercial and retail businesses. The parking structure originally was to be used for parking for the movie theater only. There is an existing agreement between all of the property and business owners that no business will be allowed to change their site plan without , the approval of the other interested parties. Mr. DeBeities distributed various documents to the Commission for their review. Applicant's Rebuttal: Mr. Malloy confirmed that the adjacent parking structure has been vacant for approximately one year. He stated that the vehicles that would be stored there would not be visible due to the design of the parking structure. He also noted that there would be no additional traffic as a resutt of the parking structure being used as a car bam. He went on to reaffirm that there would be no multi-vehicle transports used and the parking structure would be locked and secured from the public. • Commissioner Romero asked how many vehicles would be stored at a time in the structure. `01-23-06 ~ Page 13 JANUARY 23, 2006 PLANNING COMMISSION MINUTES • Mr. Malloy replied 190. : Commissioner Buffa inquired about howmany cars would be moving in and out of the structure. Mr. Malloy replied that the number would vary from day to day and week to week. The dealership normally receives three to eleven cars twice a week and then they would be driven to the parking structure one or two at a time. The only other time would be if a potential customer wanted a car that was housed in the parking structure and it needed to be brought to the dealership. Commissioner Karaki asked Mr. Malloy if he was aware of the agreement with the center's owners. Mr. Malloy said no that he was just a representative for the car dealership. Several of the Commissioners had questionsregarding the parking structure, theater patron parking, other business patron parking and recorded agreement documents with the City of Anaheim in addition to other items. THE PUBLIC HEARING WAS CLOSED. - Chairman Eastman proposed a continuance of this item until'February 22, 2006 due to additional information needed from the applicant and the Planning staff. OPPOSITION: A person spoke in opposition to the subject request and submitted documents for Commission's review. - • DISCUSSION TIME: 39 minutes (3:41-4:20) ~ 9 Q1-23-06 Pa e 14 JANUARY 23; 2006 PLANNING COMMISSION MINUTES • 9a. CEQA NEGATIVE DECLARATION Continued to 6 2006 F 9b. VARIANCE NO. 2005-04675 , ebruary Owner: The Shops at Stadium Towers; Therese Hotvedt, 1100 Newport Center Drive, Suite 150, Newport Beach, CA 92660 Motion: Romero/Velasquez Agent: Peter Louis/John Hill, 3195-B Airport Loop Drive, Costa vOTE: 7-0 Mesa, CA 92626 ' Location: 2410 - 2420 East Katella Avenue: Property is approximately 2.4 acres, haVing a frontage of 600 feet on the south side of Kateila Avenue and is located 37 feet east of the centerline of Howell Avenue (Stadium 7owers Plaza). Request waivers'of (a) minimum number of parking spaces, (b) permitted number of tenants on a monument sign, (c) maximum number of monument signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f) permitted location of wall signs, and {g) maximum height of lettersllogos on wallsigns to waive minimum number of parking spaces and permitted signs. - Project Planner: Variance Resolution Na (avazpuez~anaheim.net) ~ OPPOSITION: None DISCUSSION TIME: This item was not discussed. Respectfully submitted: ~ ,~ • ~M.d -"""( i ~ • Marie W itkay Senior Secretary Received and approved by the Planning Commission on FQ b~~a~v ZZ , 2006.