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Minutes-PC 2006/04/03~~HE'~` ~~ CITY OF ANAHEIM • ~ A ~t~ ~ ~ ~ ° ° Planning Commission ~~ ~ Minutes ~ ~ ~ . ~ ~~~d~~ao~ . Mondav, April 3, 2006 :o e, ' .,t, ~ ' Council Chamber, City Hall ' ; 4 ' g~~ 200 South Anaheim Boulevard, Anaheim, Caiifornia ~~DET~ ~ CHAIRMAN: GAIL EASTMAN ' Commissioners Present: CECILIA FLORES, JOSEPH KARAKI, PANKY ROMERO, : PAT VELASQUEZ Commissioners Absent: KELLY BUFFA, ED PEREZ Staff Present: Mark Gordon, Assistant City Attorney John Ramirez, Associate Planner Greg Hastings, Planning Services Manager James Ling, Principaf Civil Engineer Greg McCafferty, Principal Planner EIIy Morris, Senior Secretary Judy Dadant, Senior Planner Marie Witkay, Senior Secretary Amy Vazquez, Associate Planner • Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on Thursday, March 30, 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, March 9, 2006 • Call To Order Preliminary Plan Review 12:00 P.M. • WORKSHOP ON MULTIPLE-FAMILY bEVELOPMENT PARKING • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE APRIL 3, 2006 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 13 For record keepina purposes, if you wish to make a statement reqardinq any item on the aqenda, please complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Velasquez • Public Comments • Consent Calendar • Public Hearing Items • , • Adjournment ~ , You may leave a message for the Planning Commission using the following e-maiFaddress: planninacommission(a~anaheim.nef H:\TOOLS\PCADMI N\PCMINIACT12006MI NUTESWC040306. DOC APRIL 3, 2006 PLANNING COMMISSION MINUTES •' Anaheim Planning Commission Agenda - 2:30 P.M. 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 requestthe item to be discussed and/or removed #rom the Consent ' Calendar for separate action. ; Commissioner Velasquez offered amotion, seconded by CommissionerRomero and MOTION CARRIED (Commissioners Buffa and Perez absent), for approval of Consent Calendar]tems 1-A and 1-B as ' recommended by staff. UNANIMOUSLY APPROVED " Reuorts and Recommendations '1A.(a) 'CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY- -Continued to APPROVED Apri117; 2006 (b) CONDITIONAL USE PERMIT NO. 2005-04975 , • (TRACKING NO. CUP2006-05074) Consent Calendar Approval Agent: Reky Hiramoto, Beazer Homes, 1800 East lmperial Highway, Suite 200, Brea, CA 92821 VOTE: 5-0 Location: 1818 South State ColleQe Boulevard: PI'op2rty is Commissioners Buffa and Perez approximately 3:4 acres located south and east of the absent southeast corner of State College Boulevard and Katella Avenue with frantages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (Platinum Centre Condominiums). Request to determine substantial conformance for modifications to previously-approved exhibits for an attached 265-unit condominium project within the Platinum Triangle. Continued from the March 6 and March 20, 2006, Planning Commission meetings. Project Planner.• (avazquez@anaheim.net) APRIL 3, 2006 PLANNING COMMISSION MINUTES • Minutes 1 B. Receiving and approving the Minutes from the Planning Commission Approved Meeting of March 20, 2006. (Motion) Consent Calendar Approval _. VOTE: 5-~ Commissioners Buffa and Perez absent • APRIL 3, 2006 PLANNING COMMISSION MINUTES , Public Hearina Items: 2a. CEQA MITIGATED NEGATIVE DECLARATION Karaki/Romero Approved (PREVIOUSLY-APPROVED) 2b. CONDITIONAL USE PERMIT NO. 2003=04800 Karaki/Eastman Approved revised elevation (TRACKING NO. CUP2006-05073) and sign plans, with a stipulation made by the Agent: Hossein Zandi, Caliber Motors, 5395 East La Palma applicant at today~s Avenue, Anaheim, CA 92807 meeting to revise the stone vestibule. Location: 200 North Via Cortez: Property is approximately 5.7 acres Jocated at the northeast terminus of Via Cortez and south of VoTE: 4-0 #he SR-91 (Riverside Freeway), with a frontage of 161 feet Commissioners Buffa, Perez on the northeast terminus of Via Cortez, located 837 feet and Velasquez absent north of the centerline of Santa Ana Canyon Road. (Caliber' Motors-Mercedes Benz). Request to determine substantial conformance of revised elevation and sign plans for a previously-approved automotive dealership This item was set for public hearing from the March 6, 2006, Planning project P/anner. Commission meeting. (avazquez@anaheim.net) Chairman Eastman opened the public hearing. ~ Amy Vazquez, Associate Planner, introduced Item No. 2 stating the newly requested modifications. ApplicanYs Statement: Joseph Marca, architect for applicant, 240 North Market Place, Escondido, CA, provided an updated review of the project. He displayed a"working drawing" for the Commission showing the new variance modifications to the automotive dealership. THE PUBLIC HEARING WAS CLOSED. Commissioner Karaki asked Mr. Marca how much stone there would be around the entrance to the dealership and why the requested change at this time. Mr. Marca replied that five feet of stone has been removed to accommodate the Mercedes-Benz required ~ signage for the building. ' Mr. Marca agreed to Commissioner Karaki's request that the height of the stone be modified to 16 feet or 17 feet instead of the requested 14 feet. Commissioner Karaki stated that he is in support of the new modifications if the applicanfwill work with the Ptanning Services Division to achieve the updated stone portal proposaL , • 04-03-06 Page 4 APRIL 3, 2006 PLANNING'COMMISSION MINUTES Commissioner Flores'stated that she is in agreement with Commissioner Karaki and with the plan. ~ Commissioner Romero said the public does not appear to be opposed to the modifications requested due to theirlack of response to the notification for thismeeting. _ Chairman Eastman noted that the requested modifications are not that far out of substantial conformance from what was proposed before. Greg McCafferty, Principal Planner, agreed that based on the lack of public commentthe public does not seem to be concerned with the proposed changes. He also stated that if the applicant will continue to keep within the spirit of the approval and give specifics for the changes, staff would be supportive of the modifications. Mr. Marca stated that the client agreed with the suggested stone portal change. It was agreed by all parties that the entrance would have a 16 to 17 foot stone height, with a vestibule depth that will project 30 inches from the face of the building and that the developer will include the window mullions as clarified by Mr. McCafferty. ' OPPOSITION: An e-mail message and a phone call were received today in opposition to the subject request Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on • Tuesday, Apri125, 2006. DISCUSSION TIME: 24 minutes (2:36-3:00) _ Commissioner Velasquez left the Planning Commission meeting at 2:36 p.m. APRIL 3, 2006 PLANNING COMMISSION MINUTES 3a.: CEQA NEGATIVE DECLARATION Romero/Flores Approved • 3b. CONDITIONAL USE PERMIT NO. 2006-05066 Romero Granted 3c. TENTATIVE'TRACT MAP N0. 17016 Romero/Flores ' Approved Owner: Brian Dror, 59671Nest 3~d Street, Suite 102, Los Angeles, CA 90036 CUP . Modified Condition Agent: Rey Berona; Condo Conversions.com, 7439 La Palma Nos. l, 8 and 16 Avenue, Unit 309, Buena Park, CA 90620 Three conditions of Location: 729 South Knott Avenue: Property is approximately 1.47 approva~ were added. acres, having a frontage of 150 on the west side of Knott Avenue and is located 193 feet north of the centerline of TTM Rome Avenue. Modi£ed Condition No. 3 Conditional Use Permit No. 2006-05066 - Request to convert a 54-unit apartment complex into a 54-unit residential condominium complex. vOTE: 4-0 Commissioners Buffa, Perez Tentative Tract Map Na 17016 - To establish a 1-lot, 54-unit airspace and Velasquez absent attached residential condominium subdivision. Continued from the March 20, 2006, Planning Commission meeting. Conditional Use Permit Resolution No. PC2006-33 Project Planner.• (jpramirez@anaheim.net) Chairman Eastman opened the public hearing. • John Ramirez, Associate Planner, introduced Item No. 3. He noted that staff is recommending approval of the project with certain conditions regarding vending machines, additional trees and landscaping, access to the trash enclosure and removal of screening from the interior courtyard area walkways. - Applicant's Statement: Rey Berona, a representative of the owner, 7439 La Palma Avenue, #309, Buena Park, CA, spoke in favor of the project on behalf of the owner. He stated that he was available to answer any questions. Franklin Spees, 4817 Palm Avenue, Suite I, La Mesa, CA, submitted a speaker card noting that he is also available to answer questions that pertain to this project. • Public Testimony: Chuck Thomas, 18000 Studebaker Road, #260, Cerritos, CA, a realtor, spoke in favor of the project. He shared statistics with the Commission regarding the current sales of affordable homes in the Anaheim area in the target range of $380,000 to $420,000. He stated that this project is of special benefit for first- time home buyers. Befinda Sanders, 4543 East Anaheim Street, Long Beach, CA, spoke as a representative of the Charlotte Manor Homeowner's Association (property located to the west). She submitted a letter with additional concerns that had not been addressed in the staff report. One of these concerns is that owner to rental ratio should be no less than 20%. She stated that property owners most likely will treat their property differently than renters. Property owners are better for the neighborhood. APRIL 3, 2006 PLANNING COMMISSION MINUTES ~ Ms. Sanders also stated that the visibility of the individual satellite dishes needs to be addressed. She was concerned about the west walkway and tfie fwo gates that are on either side of the walkway. She suggested that Knox boxes be attached to each of these gates for emergency access only Additionally, she wanted to know how long the construction phase of the project would be: Applicanf's RebuttaL• Mr. Berona addressed the concerns that were brought up by Ms. Sanders. Regarding the length of construction, it will take six months in order for the current tenants to be vacated before work can begin. The renovating will proceed in phases with a certain number of units being worked on at a time. He stated that the applicant is willing to work with Anaheim's Fire and Police Department's and will follow any recommendations that they may have regarding the requested Knox boxes. The issue of the visibility of individual satellite dishes will also be addressed, possibly by wiring the building for this purpose if it is economically feasible or by some other remedy,' and stated that the CC&R's will ensure an acceptable level of maintenance for the property. , The applicant is willing to limit thelength and time of the construction noise so that it is not an irritant to those living around the project, and stated that the parking ' requirements have been met as set forth by Anaheim's Municipal Code so there should not be a parking problem. _ Mr. Berona said that he will need to speak to the applicants' lawyers regarding the suggested rental ratia This may also be included in the CC&R's for the development. ' Commissioner Romero stated that many of these issues such as the sateflite dishes, maintenance, etc. carr be addressed and resolved in the development's CC&R's. THE PUBLIC HEARING WAS CLOSED. Commissioner Karaki said that he would like to see an improved design to enhance the project more than • what has been proposed. He encouraged better, longer lasting materials be used and that more stone for the walkways be incorporated. He is concerned with the quality and longevity of the upgrades. He is not in favor of the project as it is currently proposed. Mr. Berona said that the applicant is willing to work with the Planning Services Division in order to upgrade the project so that it meets with the Planning Commission's suggestions. Commissioner Romero asked Mr. Thomas, as a realtor, if he has a financial interest in the project. Mr. Thomas said no, that as a realtor, he is pleased to represent potential buyers and to be able to move ' them into affordable housing. Commissioner Flores asked Mr. Berona if the tenants would vacate all the residences at one time prior to the construction. Mr. Beror-a stated from a monetary standpoint and the numbec of buildings involved, the construction will be phased. The tenants have by statute the "90 Days Right of First Refusal" so they would have #he initial opportunity to purchase a unit. Commissioner Flores said that she is in agreement with comments made by Commissioner Karaki regarding the quality of improvements to ensure their durability. • 04-03-06 ' Page 7 APRIL 3, 2006 PLANNING COMMISSION MINUTES Commissioner Flores asked staff about the individual storage requirements for each unit. ~ Mr. Berona responded that adjacent to each front door there is an assigned storage closet of varying `' sizes Commissioner Floresalso asked if some of the driveway curbs could be painted red so that parked cars _ would not be a hindrance. James Ling, Principal Civil Engineer, said that he will check with the Streets and Sanitation Division ' regarding`their requirements on this issue and wifl coordinate this with the applicant. Commissioner Romero asked Mr. Ramirez to clarify if all of the 54 units will be converted. Mr. Ramirez responded yes that all of the units will be converted. Each individual unit would be sold as an airspace subdivision. Chairman Eastman asked Mr. Berona to specify the interior improvements. Mr. Berona stated that according to recommendations from a retained professional registered architect the kitchen cabinets, flooring, some bathroom amenities and central air-conditioner units will be replaced. Chairman Eastman also agreed with Commissioner Karaki about the quality of improvements to the project. She expressed Fier support of the project based on the applicant returning to the Planning Commission with enhanced elevations, increased use of stone and improved landscaping. Mr. Berona said that the applicant is planning to spend $30,000 on upgrades per unit, and h'e would have to research budget restraints but would work with the City to satisfy their requirements. • Mr. Ramirez and Commissioner Karaki discussed the specifics of the recommended enhancements. Chairman Eastman suggested that the Commission vote on this item with the provision that the applicant come back with sofutions to the proposed changes. • , Judy Dadant, Senior Planner, said that these enhancements could be brought back to the Commission as a Reports and Recommendations item. _ Chairman Eastman and Commissioner Karaki agreed with this option. Mr. Ramirez reconfirmed the improvements for the courtyard, parking and pool areas with Commissioner Karaki and he read into the record the suggested improvements, changes and requirements as additional conditions of approval for this item. OPPOSITION: None IN SUPPORT: A person spoke in favor of the subject request. IN GENERAL: A person spoke about some concerns and suggestions, and submitted a letter at today's meeting. Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map ending at 5:00 p.m. on Thursday, April 13, 2006; and presented the 22-day appeal rights for the ~ Conditional Use Permit ending at 5:00 p.m. on Tuesday, April 25, 2006. _ DISCUSSION TIME: 51 minutes (3:01-3:52) ' 04-03-06 Page 8 APRIL 3, 2006 PLANNING COMMISSION MINUTES ~ 4a. CEQA CATEGORICAL EXEMPTION=CLASS 1 Continued to ' 4b. ' CONDITIONAL USE PERMIT NO. 2006-05070 May15, 2006 Owner: Samuel Magid, Ball Euclid Plaza, LLC, P.O. Box 5272, BeveCly Hills, CA 90210 Motion: Romero/Eastman Agent: John Dodson 1330 Olympic Boulevard, Santa Monica; CA vOTE: 4-0 90404 : Commissioners Buffa, Perez and Velasquez absent Location: 1717-1723 West Ball Road: Property is approximately 7.3 acres and is located at the northwest corner of BaII Road and Euclid Street. : . Request to permit the division ofi a retail unit into three units and establish land use conformity for an existing commercial retail center. Conditional Use Permit Resolution No. ProjectPlanner. _ (avazquez@anaheim.nef) Chairman'Eastman opened the public hearing. : Amy Vazquez, Associate Planner, introduced Item Na 4. - APplicant's Statement: John Dodson, architect for the applicant, 1330 Olympic Boulevard, Santa Monica, CA, spoke in favor of • this item and agreed to make the necessary improvements that staff has suggested, He clarified for the Commission that the requested subdivision of one 8,400 sq. ft. unit into three units would be for future tenants. There is an existing tenant in the space at this time. THE PUBUC HEARING WAS CLOSED. Judy Dadant, Senior Planner, stated that the conditional use permit to subdivide the space could be granted for a period of one year to exercise the entitlement with the possibility of an extension. Chairman Eastman stated that the Commission had a lengthy discussion at today's Preliminary Plan Review Session about the condition of the property. Commissioner Flores acknowledged that the shopping center brings in revenue to the owner but that she does not see any type of improvements that woutd occur if this request were to be granted. She stated that until she can see how the owner will make improvements to the center, she cannot support the request as it is currently presented. Commissioner Romero wanted to know why the one large unit needed to be converted to three separate units. Mr. Dodson said the reason was for future renters: lt is much easier to find a renter for a smaller space rather than the size of the current.unit. 7he re-sizing of the unit will occur when the current tenant moves out. He also asked for clarification as to what code enforcement violations the Commissioners are referencing. Commissioner Flores stated that the entire center needs repainting, re-stripping and resealing of the parking Iot and there are multiple sign violations and trash issues. • _ 04-03-06 Page 9 . APRIL 3,2006 PLANNING COMMISSION MINUTES Chairman Eastman said that she had a problem with granting approvai for one year when the unit in ~ question is still occupied and has shown no intlication that tfiey will be leaving. She stated that she ; agrees with Commissioner Flores #hat the center needs to improvebefore she will support the request. Mr. Dodson said that the owner has already agreed to implement a trash program #o clean up the center. Chairman Eastman said that she hoped that the owner will make the necessary improvements to the center despite the approval or disapproval of this item and to bring the center into conformance with existing applicable,Codes. She said that the center has not been in compliance for a long time and this needs to be rectified now. MarK Gordon, Assistant City Attorney and Greg McCafferty, Principal Planner, counseled_the Commission on what their legal and procedural options were regarding this item. Mr. Dodson requested a continuance of this item to allow the applicant_tomeet with Planning Services Division staff to come to an agreement regarding improvements for the center. OPPOSITION: None DISCUSSION TIME: 20 minutes (3:53-4:13) ~ _ ~ 04-03-06 Page 10 APRIL 3, 2006 PLANNING COMMISSION MINUTES • ~ • 5a: CEQA CATEGORICAL EXEMPTION-CLASS 11 Continued to 5b. VARtANCE NO. 2006-04681 May 1, 2006 Owner: Karl A. Bergstrom, 1662 La Loma Drive, Santa Ana, CA 92705 Motion: FloreslVelasquez Agent: Steve Sheldon, 901 Dove Street, Suite 140, Mewport voTE: 5-0 Beach, CA 92660 Commissioners Buffa and Perez absent Location: ' 200 West Alro Wav: Property, is approximately 1'.5 acres, having a frontage of 100 feet on the south side of Alro Way, ' and is located 115 feet east of the centerline of Manchester Avenue (Bergstroms). Request waivers of (a) prohibited freestanding signs and (b) maximum wall sign letter height to retain one non-conforming business identification pole sign with electronic message board and one non-conforming business identification wall sign. ' VaPianCe ReSOlutlon No. ProjectPlanner.• (dherrick@anaheim. net) OPPOSITION: None DISCUSSION TIME: This item was not discussed. APRIL'3, 2006 PLANN(NG`COMMISSION MINUTES ~ 6a. CEQA NEGATIVE DECLARATION Continued to 6b. ' WAIVER OF CODE REQUIREMENT Apri117, 2006 6c. CONDITIONAL USE PERMIT NO. 2006-05071 ' Owner: Gary Hui-Li Dou, Dou Family Trust, 15538 East Gale Motion: Romero/Flores Avenue, Hacienda Heights, CA 91745 Agent: Robert Lombardi, P.O. Box 270571, San Diego, CA 92198 vo'rE: 5-0 Gommissioners Buffa and Perez absent Location: 500 North Brookhurst Street: Property is approximately 1.22 acre and is located at the northeast corner of Brookhurst Street and Alameda Avenue. Request to permit a new commercial retail center with a drive-through freestanding restaurant with waivers of (a) minimum number of parking spaces and (b) permitted number of tenants on a monument sign. Conditional Use Permit Resolution No. ProiectP~anner: ' Qnixon@anaheim.net) OPPOSITION: None ~ DISCUSSION TIME: This item was not discussed.