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Minutes-PC 2006/05/31~ Kimberly Wong, Assistant Planner Marie Witkay, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on Friday, May 26, 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, May 4, 2006 • Call To Order Comm~ssioners Present: KELLY BUFFA, CECILIA FLORES, JOSEPH KARAKI, PANKY ROMERO, PAT VELASQUEZ (arrived at 2:40) (ONE VACANCY} _ Commissioners Absent: NONE Staff Present: . Mark Gordon, Assistant City Attorney Della Herrick, Associate Planner Greg Nastings, Planning Seruices Manager John Ramirez, Associate Planner Greg McCafferty, Principal Planner James Ling, Principal Civil Engineer Judy Dadant, Senior Planner Elly Morris, Senior Secretary ~ ~ Minutes ~ ~o~ Wednesdav, May 31, 2006 . . o e~ ,t, ~ Council Chamber, City Hall ~ g~~ 200 South Anaheim Boulevard, Anaheim, California ~N D E D ~ CHAIRMAN: GAIL EASTMAN ~AHE''~ ~~ CITY OF ANAHEIM ~ ~' ~f~ . • • o ~ Planning Commission ~. ~ - Pretiminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission)~ • (Cancelled) - • Preliminary Plan Review for items on the May 31, 2006 agenda • • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 19 For record keepinp purposes if Vou wish to make a statement reqardinp anV item on the aqenda please complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Romero • Public Comments • Consent Calendar • Public Hearing ltems • `Adjournment You may leave a message for the Planning Commission using the following e-mail address: plannins~commissionCilanaheim.net H:\TOO LS\P CAD M I N\P C M I N I ACT~2006 M I N U T E S W C053106. D O C MAY 31, 2006 PLANNING COMMISSlON 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 request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner Velasquez absent, Commissioner Romero abstained and with one Commission vacancy), - for approval of Consent Calendar Item 1-A as recommended by staff. UNANIMOUSLY APPROVED • Minutes 1A. Receiving and approving the Minutes from the Planning Commission Approved" Meeting of May 15, 2006. (Motion) Consent Calendar Approval VOTE: 4-0 Commissioner Velasquez absent, Commissioner Romero abstained and with one ' Commission vacancy. MAY 31, 2006 PLANNING COMMISSION MINUTES • P i H rin 2a. CEQA NEGATIVE DECLARQTION (READVERTISED) FloresNelasquez Approved , 2b. WANER OF CODE REQUIREMENT ' Flores/Velasquez Approved 2c. CONDITIONAL USE PERMIT NO. 2005-05060 ' Ftores Granted 2d. DETERMINATION OF PUBLIC CONVENIENCE Flores/Eastman Withdrawn ` OR NECESSITY NO. 2005-00024 _ VOTE: 6-~ Owner: Pietro T. Troui, 9471 Gateshead Drive, Huntington Beach, ~e Comrnission vacancy CA 92646 Agent: Rick Solberg, Solberg & Associates, 201 East Center Street, Anaheim, CA 92805 - Location: 3242 West Lincoln Avenue: Property is approximately 1.5' : acres, located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, having frontages of - 136 feet on the south side of Lincoln Avenue and 187 feet on the east side of Westchester Drive (Maria's Piueria and Billiards). _ Conditional Use Permit No. 2005-05060 - Request to permit the division of a commercial unit into two (2) units and to permit the on-premises sale •' and consumption of beer and wine in a proposed restaurant" and to establish land use conformity for an existing commercial retail center with waiver of minimum number of required parking spaces Determination of Public Convenience and Necessity No. 2005-00024 - Request to permit sales af beer and wine for on-premises consumption within a restaurant and billiard facility. Continued from the February 6, March 20, April 17, May 1; and 15, 2006, Planning Commission meetings. *Advertised to include "to permit a billiard facility" : Project Planner. (kwona2Ca~anaheim.net) Conditional Use Permit Resolution No. PC2006-45 Chairman Eastman opened the public hearing. Kimberly Wong, Assistant Planner, introduced this item detailing the proposal history of this item to the Planning Commission. The Anaheim Police Depa~finent in conjunction with staff recommends support for this item with several conditions of approval as outlined by Ms. Wong. Applicant's Statement: Rick Solberg, architect for the applicant, reiterated his approval of this item and stated his willingness to answer any questions. He provided additional detail using a PowerPoint presentation to clarify the latest layout modifications to the restaurant and billiard facility. ~ 05-31-06 _ Page 3 MAY 31, 2006 PLANNING COMMISSION MINUTES " • Pubiic Testimony: Bobby Flores, 201 Center Street, #430, Anaheim, CA, expressed his concerns over the sale of beer and wine, the possible amount of loitering and smoking that may occur and the possible negative affects to other shopping center tenants. Judy Dadant, Senior Planner, replied that there are City ordinances already in place that address the smoking issue. She stated that the change in the land use from the billiard facility with alcohol sales to a restaurant is not conducive to encouraging loitering.: There is a condition of approval that does provide for a security officer to be provided by the owner if certain issues present themselves. ApplicanYs RebuttaL• Mr. Solberg stated that the billiard parlor and the restaurant are two distinct separate operations and,are not open to each other. He said that because of existing City ordinances smoking should not be an issue. THE PUBLIC HEARING WAS CLOSED. . Commissioner Karaki asked what would happen to prevent someone from taking beer or wine next door to the billiard facility. : Mr. Solberg stated that there are container laws in effect and that the beer and wine will only be served in glasses and pitchersnot bottles. Patrons are not allowed to leave the restaurant with unfinished beer or ' wine items. Ne said that there would be a strong operating management program to help ensure that this does not happen. Ms. Dadant stated that there is a condition of approval which identifies that the sale of beer and wine for , consumption off the premises is prohibited. Commissioner Buffa said that she was. in favor of the item as it is presented but encourages the owner to follow through in renovating the center so that it will provide additional benefit to the neighborhood. Chairman Eastman complimented the applicant on their willingness to modify the design and to accommodate community safety as part of their business plan. She also encouraged strong operating management at both establishments. Commissioner Romero concurred with the statements made by Commissioner Buffa. OPPOSITION: A person spoke with concerns and questions about the subject request. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, June 22, 2006. DISCUSSION TIME: 25 minutes (2:35-3:00) MAY 31, 2006 PLANNING COMMISSION MINUTES • 3a. CEQA MITIGATED NEGATIVE DECLARATION Buffa/Romero Approved (PREVIOUSLY-APPROVED) _ 3b. CONDITIONAL USE PERMIT NO. 3400 Buffa Approved amendment (TRACKING NO. CUP2006-05089) Owner: Les Lederer, Lederer-Anaheim LTD, 1440 South Anaheim Moditied Condit;on Boulevard, Anaheim, CA 92805 Nos.18,19 ana 20 Agent: Irv Pickler, Irv Pickler and Associates, 5325 East Hunte~ VO'rE: 6-0 Avenue, Anaheim, CA 92807 One Commission vacancy Location: 1440 South Anaheim Boulevard: Property is ' approximately 14.4 acres and is iocated north and east of , the northeast corner of Cerritos Avenue and Anaheim Boulevard (Anaheim indoor Marketplace). Request to delete a condition of approval pertaining to time limitation for a previously-approved indoor swapmeet. Project Plannec Conditional Use Permit Resolution No. PC2006-46 ppramirez@anaheim.net) Chairman Eastman opened the public hearing. John Ramirez, Associate Planner, introduced this item and stated that staff recommends approval in conjunction with the completion of several conditions of approval. He read into the record a modification ~ to Condition No. 18 of the draft resolution. Applicant's Statement: Irv Pickler, applicant, praised the owner Les Lederer, for his past cooperation with the City with regards to complaints. He stated that Mr. Lederer is refinancing the property and will need more time to comply with any complaints regarding the location. Les Lederer, applicant, stated that he has a long successful history in managing the property and is planning substantial improvements to the location. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa agreed that the owner has a very positive response record to any concerns regarding the property. She stafed thaf she is in favor of an annual inspection. Chairman Eastman asked staff if there was a way to craft the condition to read that a once a year inspection would only occur if the property fell out of compliance with the City. There was a discussion between the applicant, Planning Commission and staff on how best to address the issue of annual or semi-annual Community Preservation inspections and/or all-purpose inspections in general. MAY 31, 2006 PLANNING COMMISSION MINUTES ~ OPPOSITION: None : Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, June 22, 2006. DISCUSSION TIME: 13 minutes (3:01-3:14) • MAY 31, 2006 PLANNING COMMISSION MINUTES • 4a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 280 ' Continued to (PREVIOUSLY CERTIFIED) June 12, 2006 4b. AMENDMENT NO. 4 TO THE PACIFICENTER SPECIFIC : PLAN NO. 88-3 (TRACKING NO. SPN2006-00034) Motion: Velasquez/Buffa Owner: Tustin Retail Center, LLC, Attn: Julie Collins, 3670 West vo'rE: 6-0 OQuen,do Road, Las Vegas, NV 89118 ~e Commission vacancy Agent: Mark Frank, Promotional Signs, 20361 Hermana Circle, Lake Forest, CA 92630 Location: 3610-3720 East La Palma Avenue and 1001-1091 North Tustin Avenue: Property is approximately 25.8 acres and is located at the southwest corner ofiLa Palma Avenue and Tustin Avenue (The PacificenterSpecificPlan No. 88-3). - Request to modify the zoning and development standards pertaining to signage and hotel occupancy limitations for the Pacificenter Specific Plan No. 88-3. Project Planner. Specific Plan Resolution Na ' (dherrick@ananeim.net) Chairman Eastman opened the public hearing. . Della Herrick, Associate Planner, introduced this item and offered several examples of existing : Pacificenter signage and an example of the proposed additional sign. Applicant's Statement: Mark Frank, applicant, identified several types of current signage in the center and provided a visual of the suggested additional sign. The shopping center tenants who propose the additional signage were in attendance. He provided several examples of ineffective existing tenant signage and offered various solutions to enhance successful tenant signage. Michael Nermon, 2967 Michelson Drive, Suite H, Irvine, CA owner of Ergo Customized Comfort and tenant of the Pacificenter, spoke about how the current tenant signage is negatively impacting his business. He explained how he tracks his customers and how they found or heard of his business. Zero percent of his Pacificenter business comes from street traffic as opposed to 18 percent at another Orange County location. There is no street exposure on Tustin Avenue. He indicated that he does not rely on street signage alone for his business and has invested a large amount of money in successful additional advertising. However, when the customers arrive at the center they cannot find his establishment which is hampered by the present signage. Tenant identification and the property address are not visible from a driver's direct view from the flow of traffic. Lee Schwietman, 6272 East Pacific Coast Highway, Long Beach, CA representing the tenant, It's a Grind, concurred with the statements made by Mr. Nermon. The business is having serious financial problems due to lack of location recognition. MAY 31, 2006 PLANNING COMMISSION MINUTES ~ THE PUBLIC HEARING WAS CLOSED. There was a general discussion between the Commission and staff regarding the issues of multiple parcel owners for the center, the initial concept of the center, what it has developed into and how this affect's the tenan4s. A further conversation regarding formalizing a reVised signage program for the entire site was discussed in addition to interim signage relief for the tenants. : OPPOSITION: None DISCUSSION TIME: 50 minutes (3:15-4:05) • MAY 31, 2006 PLANNING COMMISSION MINUTES ~ 5a. CEQA NEGATIVE DECLARATION FloresBuffa Approved 5b.' CONDiTIONAL USE PERMIT NO. 2006-05090 Flores Granted Owner: Hunters Pointe Homeowners Association; 2244 Walnut vo'rE: 6-0 Avenue, Rosemead, CA 91770 One Commission vacancy Agent: Jeffery Scherzer, New Cingular Wireless PCS., 12900 Park Plaza Drive, Cerritos, CA 90703 Location: 6910 East Canvon Rim Road: Property is approximately 3.06 acres, having a frontage of 545 feet on the south side ` of Canyon Rim Road and is located 175 feet wesf of the centerline of Fairmont Boulevard. Request to permit a telecommunications facility on an existing SCE tower Wlth aCCBSSOry ground-mounted equipment. ProjectPlanner. (kwong2@anaheim. net) Conditional Use Permit Resolution Na PC2006-47 Chairman Easfman opened the public hearing. Kimberly Wong, Assistant Planner, introduced this item and provided an aerial view of the facility with a , photo simulation of the proposed modified site. Ms. Wong stated that staff recommends approval of this item. ~ APplicanYs Statement: Jeffrey Scherzer, applicant, explained the need for this facility and the benefits to consumers by its aPProval. Public Testimony: Greg and Becky Merchant, 501 South Fairmont Circle, Anaheim, CA whose residential property is adjacent to the facility spoke in opposition to the item. They stated that there is wind noise created by the antennas in addition to lights and traffic from repair crews at night. They indicated that having multiple antennas located on the tower is unsightly. The topic of proper irrigation for required landscaping was also discussed. ApplicanYs RebuttaL• Mr. Scherzer said that he is unaware of how any noise or lights from routine maintenance would affect the adjacent homeowner. He also stated that this site wiN enable the carrier to off load service'during peak hours thereby enhancing customer user efficiency in addition to improved safety tracking issues. There was a general discussion between the Commission, staff and the applicant regarding issues of mounting the additional antennas, landscape irrigation, noise and the modification of the design for the equipment shelter. The subject of approval by the homeowners association for this site and their responsibilities was also discussed. THE PUBLIC HEARING WAS CLOSED. . . 05-31-06 _ Page 9 MAY 31, 2006 PLANNING COMMISSION MINUTES ~ OPPOSITION: 2 people spoke in oppositionto the subject request. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, June 22, 2006. . DISCUSSION TIME: 35 minutes (4:06-4:41) ~ • MAY 31, 2006 PLANNING COMMISSION MINUTES • 6a. CEQA NEGATIVE DECLARATION FloreslKaraki 6b. RECLASSIFICATION NO. 2006-00177 Flores 6c. VARIANCE NO. 2006-04687 Flores 6d: TENTATNE PARCEL MAP NO. 2006-127 Flores/Karaki Owner: Ingram Sheng, 1135 East Broadway, Anaheim, CA 92805 Location: 529 South West Street: _Property is approximately 0.43-: acre, having frontages of 316 feet on the west side of West Street and is located 367 feet south of Santa Ana Street. Reclassification No. 2006-00177 - Request reclassification of #he subject property from the T(Transition) zone to the RS-2 (Single-Family . Residential) zone, or a less intense zone. Variance No. 2006-04687 - Request waiver of lot depth and orientation adjacent to a freeway to construct two single-family detached homes. Tentative Parcel Map No. 2006-127 - To establish a 2-1ot, 2-unit detached single-family residential subdivision. Reclassification Resolution No. PC2006-48 Variance Resolution Na PC2006-49 ~ Approved Granted Granted Approved VAR i Modified Condition No. 2 ~ VOTE: 6-0 One Commission vacancy Project P/anner.• (dherrick@anaheim. net) Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced this item stating that a condition of approval is that some of the existing historic character of the neighborhood be incorporated into the architectural design of the new residential construction in order to blend in with tf~e surrounding properties. ApplicanYs Statement: Ingram Sheng, applicant, detailed his design concept and the environmental friendly aspects of this structure. He expressed concern about the condition of approval to blend in with the surrounding historical structures and how this would affect his structure. Public Testimony: Jack Marston, 411 South Ohio Street, Anaheim, CA spoke in opposition to this item. He stated that he is in favor of keeping structures to reflect similar established architectural designs within the Colony Historic District. Jim Duezits, 521 South West Street, Anaheim, CA concurred with the comments made by Mr. Marston. ApplicanYs RebuttaL Mr. Sheng said that he agrees with the modification to the building elevations to blend in with the surrounding structures with the understanding that his interior floor plans remain the same. His goal is to design and live in an environmental friendly green house that affords him several plan options within the interior of the house. MAY 31, 2006 PLANNING COMMISSION MINUTES • THE PUBLIC HEARING WAS CLOSED. There was a general discussion between the Commission, staff and applicant how this project can proceed and be compatible with the historic architecturai theme of the neighborhood incl~ding landscaping. It was suggested to and agreed `upon by the applicant to work with staff from the Planning and Community Development (Neighborhood Preservation) departments to revise the exterior elevations of the house for review by the Planning Commission as a Reports and Recommendations item. OPPOSITtON: A letter was received in opposition, and two people spoke in opposition to the request. Mark Gordon, Assistant City Attomey, presented the 10-day appeal rights for the Tentative Parcel Map ending at S:OO p.m. on Saturday, June 10, 2006; and presented the 22-day appeal rights for the Reclassification and Variance ending at 5:00 p.m: on Thursday, June 22, 2006. DISCUSSION TIME: 40 minutes (4:42-5:22) ~ MAY 31, 2006 PLANNING COMMISSION MINUTES . 7a. CEQA NEGATIVE DECLARATlON 7b. WAIVER OF CODE REQUIREMENT 7c. CONDITIONAL USE PERMIT N0. 2006-05091 Owner: Ronald Beard Trust, 190 Newport Center Drive, Unit 21A, Newport Beach, CA 92660 ' Agent: Tyler Carlson, Evergreen Devco, 2390 East Camelback Road, #710, Phoenix, AZ 85016 Location: 1222 South Maqnolia Avenue: Property is approximately I 4.03 acres and is located south and east of the southeast ' corner of Magnotia Avenue and Ball Road (Walgreens). Continued to June 12, 2006 ` Motion: Buffa/Romero VOTE: 5-~ Commissioner Velasquez absent and with ane Commission vacancy Request to construct a dr~ve-through pharmacy and permit a commercial retail center within an existing shopping center with waivers of {a) minimum , landscape setback, (b) minimum number of parking'spaces, (c) maximum number of wall signs, (d) maximum letter height for a proposed wall sign, (e) maximum number of freestanding signs, and (f) minimum distance between freestanding signs. _ Rroject Planner. Conditional Use Permit Resolution No. ~nixon@ananeim.net) ~ OPPOSITION: None DISCUSSION TIME: This item was not discussed. Respectfully submitted: A~c%~-t G'V ~~~ _ ~ ~ Marie W itkay Senior Secretary Received and approved by the Planning Commission on ~~ nP ~~ , 2006.