Minutes-PC 2007/04/30~~PHE"" ~~~ Cit _ of Anaheim
4 r~ ~ y . . .
~ ~ ~ Planning Commission
~ ~ Minutes
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~~ ~~ !3l)fi D
. ~'~ . Mondav, April 30, 2007 ~
~ e, _
'{'p~ l$c~`~ Council Chamber, City Hall
ND ED 200 South Anaheim Boulevard, Anaheim, California
CHAIRMAN: GAIL EASTMAN
CommissionersPresent: KELLY BUFFA, STEPHEN FAESSEL, JOSEPH KARAKI ,
PANKY ROMERO, PAT VELASQUEZ
` Commissioners Absent: CECILIA FLORES
Staff Present:
Mark Gordon, Assistant City Attorney Scott Koehm, Associate Planner'
Judy Dadant, Acting Principal Planner Elaine Thienprasiddhi, Associate Planner
Della Herrick, Associate Planner Jamie Lai,Principal Civil Engineer
Ted White; Senior Planner Elly Morris, Senior Secretary
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m.
on Thursday, April 26, 2007, 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, April 5, 2007
• Call To Order
• Preliminary Plan Review 12:00 P.M.
• STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS
AND 1SSUES (AS REQUESTED BY PLANNING COMMISSION)
• PRELIMINARY PLAN REVIEW FOR ITEMS ON THE APRIL 30, 2007 AGENDA
~ Workshop on Density Bonus
• Recess To Public Hearing
• Reconvene To Public Hearing 2:30 P.M.
Attendance: 18
• Pledge Of Allegiance: Commissioner Karaki
• Public Comments
• Consent Calendar
• Public Hearing Items
• Adjournment
~ :
H:\TOO LS\PCAD M I N\PCACTI O NAG E N DA~2007M I N UTES~AC043007. D OC
r
APRIL 30, 2007
PLANNING COMMISSION MINUTES
~ Anaheim Planning Commission Agenda = 2:30 P.M.
Workshop: :
• Jonathan Borrego, Principal Planner and Susan Kim, Senior Planner with the Planning
Deparfinent; Bertha Chavoya, Housing Services Manager, Andy Nogal, Project Manager It and
Abby Semblantes, Project Manager ll with the Community Development Department offered a'
presentation on Density Bonuses,
No one from the public was present to comment. '
Public Comments: None
Consent Calendar:
Commissioner Faessel offered a motion, seconded by Commissioner Karaki and MOTION CARRIED
(Commissioners Karaki and Romero abstained on Item 1-C, and Gommissioner Flores absent), for
approval of Consent Calendar items 1-A through 1-G as recommended by staff. UNANIMOUSLY
APPROVED _
Reports and Recommendations
~ 1A. (a) CEQA ENVIRONMENTAL IMPACT REPORT NO. 313 Approved
(PREVIOUSLY CERTIFIED)
(b) FWAL SITE PLAN NO.a2007-00003 Approved final site plan.
Agent: David C. Seager
1380 South Harbor Boulevard Consent Calendar Approval
Anaheim, CA 92802
VQTE: 6-0
Location: 1380 South Harbor Boulevard: Property is located at Commissioner Flores absent
the northeast corner of Harbor Boulevard and Manchester Street,
having frontages of 660 feet on the east side of Marbor Bo~levard
' and 660 feet on the north side of Manchester Street.
Request review and approval of a final site plan for the construction
of a new pool in place of an existing pool within the Anaheim Resort.
•
Projecf P/anner.
(kwong2(~a,anaheim. net)
APRIL 30, 2007
PLANNING COMMISSION MINUTES
• Minu e
1B. Receiving and approving the Minutes from the Planning Commission Approved
Meeting of March 19, 2007. (Motion)
Continued from the April 2, 2007 Planning Commission Meeting. Consent Calendar Approval
VOTE: 6-0
Commissioner Flores absent
1C: Receiving and approving the Minutes fromthe Planning Commission Approvea
Meeting of April 2, 2007. (Motion)
Consent Calendar Approval
VOTE: 4-0
Commissioners Karaki and
Romero abstained as they were
absent forthe meeting, and
Commissioner Flores absent
•
04-30-07
Page 3
APRIL 30, 2007
PLANNING COMMISSION MINUTES
P blic Hearina Items:
•
2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 RomeroBuffa
2b.' CONDITIONAL USE'PERMIT NOS.103, 3957 AND 4153 Romero
(TRACKING NO: CUP2007-05194)
2c. VARIANCE NOS. 4377 AND 2002-04506 Romero
(TRACKING NO. VAR2007-04720)
CONDITIONAL USE PERMIT NOS. 103. 3957 AND 4153
Owner: Area A- Dayarambhai Bhakta, Rasilaben Bhakta,
500 South Beach Boulevard
Anaheim, CA 92804
Area B- Cambell Holings, C/O Martin Cambell
1800 East lmperial, Suite 120
Brea, CA 92821-6012
Area C= HPTIHG-2, Properties Trust
C/O Hospitality Properties Trust
400 Centro Street
Newton, MA 02458
Location: (A1 Calico Motel, 500 South Beach Boulevard:
Property is approximately 0.36-acres with a frontage of 66
feet on the east side of Beach Boulevard and a maximum
• depth of 238 feet and located approximately 396 feet north
of the centerline of Orange Avenue.
(B) Town Place Suites. 1730 South State Colleqe:
Boulevard: Property is approximately 11.9-acres located
at the northeast corner of Katella Avenue and State College
Boulevard having a frontage of 1,100 feet on the north side
of Katella Avenue and 750 feet on the east side of State
College Boulevard.
C) Stavbridae Suites. 1855 South Manchester Avenue
and Holidav Inn.1915 South Manchester Avenue:
Property is approximately 6.01-acres with a frontage of 677
feet on the southwest side of Manchester Avenue and a
maximum depth of 560 feet and located approximately 800
feet south of the centerline of Katella Avenue.
VARIANCE NOS. 4377 AND 2002-04506
Owner: Area A- Festival Hotel Associates; Limited Partnership,
C/O RDA Investments Inc., Attn: Richard L. Vilarado,
13217 Ridge Drive, Rockville, MD 20850-3615
Area B- Banh-Shiang Liza Yu,
P.O. Box 9800,
Anaheim, CA 92812-7800
•
Concurred with staff
Granted
Granted
VOTE: 6-0
Commissioner Flores absent
04-30-07
Page 4
APRIL 30, 2007
PLANNING COMMISSION MINUTES
Location: (A) Anaheim HiIlsResidence Inn,125 South Festival
~ Drive: Property is approximately 3.2-acres with'a frontage
of 409 feet on the west side of Festival Drive and a
' maximum depth of 366 feet and located approximately $86
feet south of the centeriine of Santa Ana Canyon Road. :
(B) Candlewood Suites;1733 South Anaheim
Boul_ evard: Property is approximately 0.92 acres with a
frontage of 100 feet on the east side of Zeyn Street and
100 feet on the west side of Anaheim Boulevard and a
' maximum depth of 400 feet and located approximately 580
feet north pf the centerline of Katella Avenue.
City-initiated request to delete conditions of approval pertaining to '
limitations on the permitted length of guest occupancy for existing hotels.
Conditional Use Permit No. 103 Resolution No. PC2007-33
Conditional Use Permit No. 3957 Resolution Na <PC2007-34
Conditional Use PermitNo. 4153 Resolution No. PC2007-35
Variance No. 4377 Resolution No. PC2007-36
Project Planner.
Variance No. 2002-04506 Resolution No. PC2007-37 (dherrick@anaheim.net)
Chairman Eastman opened the public hearing.
~ Della Herrick, Associate Planner, presented the staff report.
Commissioner Eastman asked if the length of stay removal would include stays of less than 24 hours.
Della Herrick, Associafe Planner, responded that there would not be a time limitation at all; even for stays
of less than 24 hours.
Commissioner Romero clarified that this is a clean up of the original policy number 550, and that there
are no more hotels or motels that are affected by either a conditional use permit or a variance.
Ms. Herrick responded that he was correct, that staff had not been enforcing the condition, that this is a
clean up to make sure that none of the hotels would have that condition.
Commissioner Romero offered a motion, seconded by Commissioner Buffa, to approve CEQA
Categorical Exemption - Class 1.
The motion passed by six affirmative votes (ayes from Commissioners Buffa, Faessel, Karaki, Romero,
Velasquez, and Chairman Eastman). Commissioner Flores was absent.
Commissioner Romero offered a resolution to approve amendments to Conditional Use Permit Nos. 103,
3957 and 4159 (Tracking No. CUP2007-05194) and Variance No. 4377 and 2002-04506 (Tracking Na
VAR2007-Q4720).
Commissioner Eastman stated that the Commission did not close the public hearing and asked if there
was anyone from the public who wished to speak on the issue.
~ Seeing none, she closed the public hearing and stated they could now proceed with Commissioner
Romero's resolution.
04-30-07
Page 5
APRIL 30, 2007
PLANNING COMMISSION MINUTES
Elly Morris, Senior Secretary, stated the resolution passed with six (6) ayes votes (ayes from
• Commissioners Buffa, Faessel, Karaki, Romero, Velasquez; and Chairman Eastman). Commissioner
Flores was absent.
OPPOS1710N: None
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, May 22, 2007.
DISCUSSION TIME: 6 minutes (2:40-2:46)
•
APRIL 30, 2007
' PLANNING COMMISSION MINUTES
• 3a. CEQA SUBSEQUENT ENVIRONMENTAL IMPACT Buffa/vetasquez I
REPORT NO. 332 PREVIOUSLY-CERTIFIED AND
SECOND ADDENDUM ',
3b. `GENERAL PLAN AMENDMENT NO. 2006-00449 Buffa I
3c. MISCELLANEOUS PERMIT NO. 2007-00187 Buffa
3d. ZONING CODE AMENDMENT NO. 2007-00057 Buffa/velasquez
Owner: Platinum Triangle Partners LLC
25 Enterprise
Aliso Viejo, CA 92656
Orangewood Platinum Investors, LLC
1849 Sawtelle Boulevard
Los Angeles, CA 90025
Agent: Andrew Han, Platinum Triangle Partners LLC
25 Enterprise
Aliso Viejo, CA 62656
lan Ellis, West Millennium Homes
1849 Sawtelle Boulevard, Suite 600
Los Angeles, CA 90025
• Location: East of the Interstate 5 Freewav. west of the Santa Ana
River channel and SR-57 Freewav. south of the
Southern California Edison easement, and north of the
Anaheim Citv limit: Property encompasses approximately
820 acres located at the confluence of the Interstate 5
Freeway and the SR-57 Freeway, in the City of Anaheim in
Orange County, Califomia.
General Plan Amendment No. 2006-00449 - Request to amend the Land
Use Element of the General Plan to increase the maximum number of
dwelling units permitted in The Platinum Triangle from 9,500 to 9,567*.
Miscellaneous Permit No. 2007-00187 - Request to amend The Platinum
Triangle Master Land Use Plan to increase the maximum number of
dwelling units in the Gateway District from 2,075 to 2,142* and the total
number of dwelling units in The Platinum Triangle from 9,500 to 9,567*.
Zoning Code Amendment No. 2007-00057 - Request to amend The
Platinum Triangle Overlay Zone to increase the maximum number of
dwelling units permitted in the Gateway District from 2,075 to 2,142* and
the total number of dwelling units in The Platinum Triangle from 9,500 to
9,567*.
" The request was advertised as an increase of 321 units.
• General Plan Amendment Resolution No. PC2007-38
Miscellaneous Resolution No. PC2007-39
Recommended City
Council Approval
Recommended City ,
Council Approval
Recommended City '
Council Approval
Recommended City
Council Approval
VOTE: 6-0
Commissioner Flores absent
Project Planner.•
(fwhite@anaheim.net)
04-30-07
Page 7
APRIL 30, 2007
PLANNING COMMISSION MINUTES
• Chairman Eastman opened the public hearing.
Ted White, Senior Planner, presented the staff report.
Commissioner Eastman asked if there was anyone from the public who wished to comment or ask a
question on the item. Seeing none, she closed the public hearing.
Commissioner Faessel asked Mr. White to take a moment to delineate how the amendment would
change the density not only on the subject parcelsbut in general for the Platinum Triangle.
Mr. White responded that the proposed density for the Orangewood Condominium project is
approximately 90 units per acre. The A-Town Stadium project has a density of approximately 60 units per
acre. The combined density is approximately 72 units per acre. The overall density for the Gateway
District would increase from approximately 37 units per acre to 38 units per acre. For the overall mixed
use areas within the Platinum Triangle, the current permitted density for the total number of units is 24.8
units per acre. This would increase the density to 25 units per acre. :
Commissioner Faessel stated concern if multiple requests would have to come before the Commission for
General Plan Amendments for another developer. He asked if this is now the current cap going forward
at 9,567 or if they would come back and raise it again.
Mr. White responded that it is the current cap and future increases would require a,General Plan
Amendment and Amendment to the Master Land Use Plan. There are projects that are in the
development pipeline that would be asking for increases. There is also a City initiated request that would
be considered by the Planning Commission later this summer that could potentially increase the numbers
significantly.
~ Commissioner Buffa offered a motion, seconded by Commissioner Velasquez, to recommend to the City
Council that CEQA Subsequent Environmental Impact Report No. 332 (Previously-Certified) and the
Second Addendum are adequate to serve as environmental documents.
The motion passed by six affirmative votes (ayes from Commissioners Buffa, Faessel, Karaki, Romero,
Velasquez, and Chairman Eastman). Commissioner Flores was absent.
Commissioner Buffa offered a resolution to recommend to the City Council that General Plan Amendment
No. 2006-00449 be approved. The resolution passed with six (6) ayes votes (ayes from Commissioners
Buffa, Faessel, Karaki, Romero, Velasquez, and Chairman Eastman). Commissioner Flores was absent.
Commissioner Buffa offered a resolution to recommend to the City Council that the amendment to the
Platinum Triangle Master Land Use Plan - Miscellaneous Permit No. 2007-00187 be approved. The
resolution passed with six (6) ayes votes (ayes from Commissioners Buffa, Faessel, Karaki, Romero,
Velasquez, and Chairman Eastman). Commissioner Flores was absent.
Commissioner Buffa made a motion, seconded by Commissioner Velasquez, to recommend to the City
Council that Zoning Code Amendment No. 2007-00057 as described in the draft ordinance be approved.
The motion passed by six affirmative votes (ayes from Commissioners Buffa, Faessel, Karaki, Romero,
Velasquez, and Chairman Eastman). Commissioner Flores was absent.
• OPPOSITION: None
04-30-07
Page 8
APRIL 30, 2007
PLANNING COMMISSION MINUTES
, Mark Gordon, Assistant City Attomey, stated this item will be scheduled for a public hearing before the
, City Council on June 5, 2007. _
DISCUSSION TIME: 5 minutes (2:47-2:52)
~
APRIL 30, 2007
PLANNING COMMISSION MINUTES
~ 4a. ° CEQA SUBSEQUENT ENVIRONMENTAL IMPACT Karaki/Romero
REPORT NO. 332 (PREVIOUSLY-CERTIFIED) AND
SECOND ADDENDUM
4b. CONDITIONAL USE PERMITNO. 2006-05138 Karaki
4c. DEVELOPMENT AGREEMENT NO. 2006-00003 Karaki
4d. TENTATIVE TRACT MAP NO. 16908 Karaki/Romero
Owner: ; Orangewood Platinum investors LLC
C/O West Millennium Homes
_ 1849 Sawtelle Boulevard, Suite 600
Los Angeles, CA 90025 '
Agent: Ian Ellis, West Millennium Homes,
1849 Sawtelle Boulevard, Suite 600 : ~~
Los Angeles, CA 90025 ~
Location: 2211 East Oran_qewood Avenue: Property is ',
approximately 3.9 acres, with frontages of approximately ',
273 feet on the north side of Orangewood Avenue and is
located approximately 1,035 feet east of the centerline of
State College Boulevard.
Conditional Use Permit No. 2006-05138 - Request to modify minimum
'• structural setbacks to construct a 341-unit residential project.
Development Agreement No. 2006-00003 - Request a Development
Agreement between the City of Anaheim and Orangewood Platinum
Investors, LLC for the Orangewood Condominiums project to construct
341-unit residential condominiums.
Tentative Tract Map No. 16908 - Request to establish a 1-lot, 341-unit
residential airspace attached condominium subdivision.
Conditional Use Permit Resolution No. PC2007-42
Development Agreement Resolution No. PC2007-43
Recommended City
Council Approval
Granted
Recommended City
Council Approval
Approved
VpTE: 6-0
Commissioner Flores absent
Project Planner.
, (twhite@anaheim.net)
Chairman Eastman opened the public hearing.
Ted White, Senior Planner, presented the staff report.
lan Ellis, representing West Millennium Homes, 1849 Sawtelle Boulevard, Los Angeles, indicated he was
there to answer any questions.
Chairman Eastman closed public hearing.
Commissioner Faessel asked about the proposed density for the project.
• Ted White responded that there will be 90 units per acre.
04-30-07
' Page 10
APRIL 30, 2007
PLANNING COMMISSION MINUTES
Commissioner Faessel wanted to make sure staff made contact with the Public Utilities Department to
• see if there is green building potentiaL
Ted White, Senior Planner, stated that to his knowledge the green building issue had not been explored.
lan Ellis advised they have spoken with Public Utilities, however, they are looking at the 2"d and 3~a
phases of the project to see if #hey can implement if there.
Chairman Eastman expressed concern about a transformer being visible. Mr. Ellis stated patio walls wiU
screen that.
David Senden, 1799 Mitchell South, Irvine, CA 92614, architect for the project, described the patio wall
and gate material that will be used in response to Commissioner Buffa's request for that information.
Commissioner Romero stated for the record that he met with the applicant and asked him to explain the
encroachment for the patio near the setback.
lan Ellis explained the encroachment and how the street was originally intended as a private access drive
but the Traffic Department decided to make it a public street and make a signalized intersection.` It
pushed the setback 10 feet and created a pinch point but only on the second level. There is no building `
on the ground level, it is an overhang.
Commissioner Karaki offered a motion, seconded by Commissioner Romero, to recommend the CEQA
Subsequent Environmental Impact Report No. 332 (Previousty-Certified) and the Second Addendum to
, City Council for approvaL
The motion passed by six affirmative votes (ayes from Commissioners Buffa, Faessel, Karaki,' Romero,
Velasquez, and Chairman Eastman). Commissioner Flores was absent.
~ Commissioner Karaki offered a resolution to approve Conditional Use Permit No. 2006-05138.
Elly Morris, Senior Secretary, stated that the resolution passed by six affirmativevotes (ayes from
Commissioners Buffa, Faessel, Karaki, Romero, Velasquez, and Chairman Eastman). Commissioner
Flores was absent.
Commissioner Karaki offered a resolution to recommend to the City Council that Development Agreement
No. 2006-00003 be approved.
Elly Morris stated that the resolution passed by six affirmative votes (ayes from Commissioners Buffa,
Faessel, Karaki, Romero, Velasquez, and Chairman Eastman). Commissioner Flores was absent.
Commissioner Karaki offered a motion to approve Tentative Tract Map No. 16908, seconded by
Commissioner Romero. The motion passed by six affirmative votes (ayes from Commissioners Buffa,
Faessel, Karaki, Romero, Velasquez, and Chairman Eastman). Commissioner Flores was absent.
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, May 10, 2007, and presented the 22-day appeal rights for the
Conditional Use Permit ending at 5:00 p.m. on Tuesday, May 22, 2007; and stated in regards to the
• Development Agreement it will be scheduled for a public hearing before the City CounciL
04-30-07
Page 11
APRIL 30, 2007 '
PLANNING COMMISSION MINUTES
DISCU$SION TIME: 15 minutes (3:07-3:22)
•'
This item was deferred as the applicant was not present (2:53 p.m.)
Item No. 7 was heard following action of this item (3:23 p.m.)
APRIL 30, 2007
PLANNING COMMISSION MINUTES
• 5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Velasquez/Faessel Concurred with staff
5b. CONDITIONAL USE PERMIT NO. 2007-05196 Velasquez Granted
Owner: Sycamore Canyon Plaza lnc. ne~eted cond~t~on No. 4
,CB Richard Ellis Inc., Attn: Katy Kennedy
2125 East Katella Avenue, Suite 100 vo'rE: 6-0
Anaheim, CA 92806-6078 Commissioner Flores absent
, Agent: Kristen Stolle
8171 East Kaiser Boulevard '
Anaheim, CA 92808
Location: 751 South Weir Canvon Road, Suites 167 and 171:
Property is approximately 11.4 acres and is located at the
northwest corner of Weir Canyon Road and Serrano
Avenue. _
Request to permit massage and day spa services within an existing yoga
and personal training facility.
Project P/anner.•
Conditional Use Permit Resolution No. PC2007-40 (ethien@anaheim.net)
Chairman Eastman opened the public hearing.
• Elaine Thienprasicidhi, Associate Planner, presented the staff report.
Kristen Stolle, with Pacific Design Directions, space planner for the project, briefly described the project
design.
John Vrahnos stated the request is a natural extension of current services.
Cha.irman Eastman closed the public hearing.
Commissioner Velasquez offered a motion, seconded by Commissioner Faessel, to approve the CEQA
Categorical Exemption.
The motion passed by six affirmative votes (ayes from Commissioners Buffa, Faessel, Karaki, Romero,
Velasquez, and Chairman Eastman). Commissioner Flores was absent.
Commissioner Velasquez offered a resolution to approve Conditional Use Permit No. 2007-05196.
Elly Morris stated that the resolution passed by six affirmative votes (ayes from Commissioners Buffa,
Faessel, Karaki, Romero, Velasquez, and Chairman Eastman). Commissioner Flores was absent.
OPPOSITION: None
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
~ Tuesday, May 22, 2007.
DISCUSSION TIME: 5 minutes (2:53-2:58)
, 04-30-07
Page 13
APRIL 30, 2007 <
PLANNING COMMISSION MINUTES
~ 6a. CEQA NEGATIVE DECLARATION ' FaesseWelasquez Approved
6b. WAIVER OF CODE REQUIREMENT FaesseWelasquez ' Approved>
:6C. CONDITIONAL USE PERMIT NO. 2006-05174 Faessel Granted '
Owner: Bill McFarland
18800 Von Karman, Suite 100 vOTE: 6-0
Irvine, CA 92612 Commissioner Flores absent
Agent: Phillip Schwartze
31682 EI Camino Real
' San Juan Capistrano, CA 92675
Location: 1477 South Manchester Avenue: Property is
approximately 2.1 acres, having a frontage of 360 feet on
the southwest side of Manchester Avenue and is located :
845 feet north of the centerfine of Alro Way.
Request to establish a nursing school within an existing legal non-
conforming office building in the Anaheim Resort with waiver of minimum -
number of parking spaces. -
Project P/anner.• '
(ethien@anaheim. net)
Conditional Use Permit Resolution No. PC2007-41
~ Chairman Eastman opened the public hearing.
= Elaine Thienprasiddhi, Associate Planner, presented the staff report.
Phillip Schwartze, representing American Career College, asked for approval of the project in order to
accommodate a nursing school.
Chairman Eastman closed public hearing.
Commissioner Faessel asked if the parking access was only on Manchester. Mr. Schwartze stated there
are two points of access but they will probably bring it to one point. They will work to place utility lines
underground and beautify that area.
The Commissioners agreed they are all pleased that the property will no longer be vacant and will be
beautified.
_ Commissioner Faessel offered a motion, seconded by Commissioner Velasquez, to approve the negative
declaration. The motion passed by six affirmative votes (ayes from Commissioners Buffa, Faessel,
Karaki, Romero, Velasquez, and Chairman Eastman). Commissioner Flores was absent.
Commissioner Faessel offered a motion, seconded by Commissioner Velasquez, to approve the parking
waiver.
The motion passed by six affirmative votes (ayes from Commissioners Buffa, Faessel, Karaki, Romero,
Velasquez, and Chairman Eastman). Commissioner Flores was absent.
~ Commissioner Faessel offered a resolution to approve`Conditional Use Permit Na 2006-05174.
04-30-07
Page 14
APRIL 30, 2007
PLANNING COMMISSION MINUTES
'~ Elly Morris, Senior Secretary, stated that the resolution passed by six affirmative votes (ayes from
Commissioners Buffa, Faessel, Karaki, Romero, Velasquez, and Chairman Eastman). Commissioner
Flores was absent.
Judy Dadant, Acting Principal Planner, clarified that on Item 5 that the intent of Commission was to
modify the resolution as recommended by staff to delete the hours of operation limitation. lt was read into
the record by staff but not reflected in the resolution attached to the staff report.
OPPOSITION: None
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, May 22, 2007.
DISCUSSION TIME: 7 minutes (2:59-3:06)
Item No. 4 was heard following this item
~
.
04-30-07
Page 15
APRIL 30, 2007
PLANNING COMMISSION MINUTES
:~ 7a. CEQA ENVIRONMENTAL IMPACT REPORT N0. 313 Velasquez/Faessel Approved
(PREVIOUSLY-CERTIFIED)
7b. VARIANCE NO. 2007-04722 Velasquez Granted
Owner: Scalzo Family Partnership vOTE: 6-0
1570 South Harbor Boulevard Commissioner Flores absent
Anaheim, GA 92802
Agent: MichaelReazzudin,
1570 South Harbor Boulevard
Anaheim, CA 92802
Location: 1570 South Harbor Boulevard: Property is approximately
1.7 acres, having afrontage of 85 feet on the eaSt side of
Harbor Boulevard and is located 704 north of the centerline
of Disney Way
Request waivers of interior setback requirements to construct an ice
cream parlor within an existing hoteL
Project Planner.
Variance Resolution No. PC2007-44 (skoehm~ananeim.net)
Chairman Eastman opened the public hearing. :
~ Scott Koehm, Associate Planner, presented the staff report.
Paul Durand represented the family who has owned the hotel for 45 years. They expect this Coldstone to
be the number 1 in the nation. He was available to answer any questions.
Chairman Eastman closed the public hearing.
Commissioner Faessel stated he was impressed that family has maintained the facility for 45 years.
CommissionerBuffa wanted confirmation that he already had a commitment with Coldstone to move into
the facility and Mr. Durand stated that he did.
Commissioner Velasquez offered a motion, seconded by Commissioner Faessef to determine that the
previously-certified Environmental Impact Report No. 313 is the appropriate environmental documentation
for this request. ,
The motion passed by six affirmative votes (ayes from Commissioners Buffa, Faessel, Karaki, Romero,
Velasquez, and Chairman Eastman). Commissioner Flores was absent.
Commissioner Velasquez offered a resolution to approve Variance No. 2007-04722.
Elly Morris, Senior Secretary, stated that the resolution passed by six affirmativevotes (ayes from
Commissioners Buffa, Faessel, Karaki, Romero, Velasquez, and Chairman Eastman). Commissioner
Flores was absent.
~
04-30-07
Page 16
APRIL 30, 2007
PLANNING COMMISSION MINUTES
~ OPPOSITION: None _
MarK Gordon, Assistant City Attorney, presented the 22-day appeal'rights ending atb:00 p.m. on
Tuesday, May 22, 2007.
DISCUSSION TIME: 4 minutes (3:23-3:27)
~
APRIL 30, 2007
PLANNING COMMISSION MINUTES
• 8a. CEQA MITIGATED NEGATIVE DECLARATION Continued to :
(PREVIOUSLY-APPROVED) (READVERTISED) , May 30; 2007
8b. WAIVER OF CODEREQUIREMENT
' 8c. CONDITIONAL USE PERMIT N0.2003-04800
(TRACKING NO. CUP2007-05199) Motion• Buffa/Romero
~ VOTE: 5-0 ;
Ownel': EIIaS Properties (nc. Commissioners Flores and
5395 East La P81m8 Avenue velasquez absent
Anaheim, CA 92807 _
Agent: Hossein Zandi, Caliber Motors
5395 East La Palma Avenue
Anaheim, CA 92807
Location: 200 North Via Cortez: Property is approximately 5.7 acres ,
- and is located at the northeast terminus of Via Cortez and
south of the SR-91 (Riverside Freeway), with a frontage of =
' 161 feet on the northeast terminus of Via Cortez and is -
located 837 feet north of the centerline of Santa Ana
; Canyon Road.
Request to amend plans and conditions of approval for a previously-
approved automotive sales dealership to permit additional signs, modify
the elevations and construct a canopy and outdoor vacuum facility with
waivers of (a) minimum landscape and structural setback, (b) maximum
,. number of wall signs and (c) maximum number, type and size of signs.
Project P/anner.•
Conditional Use Permit Resolution Na ~skoehm@anaheim.net)
Chairman Eastman opened the public hearing.
Scott Koehm, Associate Planner presented the staff report.
Scott Koehm, Associate Planner clarified for Commissioner Buffa that the applicant is asking for a 5 foot
setback in the landscape area.
Don Bering, the applicant, asked for help with the landscape setback. They placed the eastern part of a
drainage channel underground to enhance the property and get more parking. He explained in greater
detail why and how they want to put the channel in. He described canopy details and reasons for the
use. As for waiver C regarding signs, he explained how Mercedes Benz has their own set of rules for
signs and how they compromised to come up with current plans.
Lon Pettis, 5841 East Camino Manzano, indicated that his home is directly behind the showroom building.
He expressed his opposition and felt the dealership is intrusive and specifically cited lighting and noise as
issues, he indicated due to the lighting from the building that he does not open his drapes, day or night.
He said that he has experienced noise at 7:30 a.m. from the use of powec washers on the cars. He is
concerned about the vacuums that will be placed under the canopies and the decline of property value
due to the dealership.
. Chairman Eastman indicated she is concerned that Mr. Pettis is not able to open his drapes and asked
him to explain the lighting situation.
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PLANNING COMMISSION MINUTES
~ Mr. Pettis responded that there are strobe lights that are under the overhang of the roof, and stated he
has'more light at night than in the day time. He indicated he has had to put special curtains in his home
in order to try to defuse the lighting.
Chairman Eastman asked if the lights are always on from the dealership.
Mr. Pettis responded that the lights are on all the time and they are not ergonomically fit with the
neighborhood. He stated he is speaking for the 20 plus homeowners who also have concerns but were
unable to attend the meeting. :
Commissioner Buffa advised washing is supposed to occur in the vehicle preparation building and wanted
to clarify that washing was occurring outdoors that early in the morning.
Lon Pettis advised it has occurred several times. He also observed cars off the lot every day on Via
Cortez with signs on them. Chairman Eastman advised him to contact Community Preservation every :
time it happens because Community Preservation can do something about it.
Chairman Eastman closed the public hearing.
Commissioner Buffa asked about indoor lighting to illuminate displays on the vehicle preparation building
and Don Bering indicated that he believed that they had some kind of track lighting. Don Bering stated a
planning staff member visited the site at night with a light meter and he understood that the facility met all
the requirements of approval and he thought the majority of theJighting was turned off at night.
Judy Dadant, Principal Planner, confirmed that staff visited the site and went into one of the homeowner's
bedrooms with the light mefer. Staff indicated it was fairly bright but code does not provide limits on how
' much specific lighting is allowed to disperse off the property. Light packs on the side of the building were
• removed as a result of the visit.
Don Bering indicated they removed some of the outside lights from the detail building due to neighbor
complaints. He also stated lights dim at 9 o'clock.
Chairman Eastman stated they need to sort things out because this project came in when the houses
were not complete and they need to make sure they have not done a bad thing to a small selecf group of
people.
Commissioner Buffa directed staff's attention to condition 20 from the original use permit stating lighting
should not be more that 12 feet high. Staff should revisit how the lighting turned out seeing how there is
no standard. Staff needs to make sure condition 20 has been properly implemented.
She is also concerned that the dealership was granted an approval but the building plans did not match
what had been approved and staff has brought them back for additional modifications. Commissioner
Buffa visited the site that morning and found they created their own signage program in the neighborhood
with bootleg signs. Signs are not allowed in the public right of way. She feels they built the dealership
not respecting the approval that they were granted. She indicated concern over the ability of the
dealership to comply with conditions of approval because of the current pattern of behavior that has been
established in the neighborhood. The Commission has worked hard to equitably apply the same rules to
every business and Caliber has not played by the rules and it makes her reluctant to grant any waivers.
She agrees with staff and does not support temporary canopies or signage requests. She brought up that
the display windows were represented to Commission as windows into a building, not into a carwash
facility which have now turned into display cases which will probably turn into signage opportunities. She
is extremely uncomfortable with the reduced landscape setback which puts them closer to the neighbors.
That is not the deal they made and she does not support any of the waivers being requested.
Commissioner Karaki concurred with Commissioner Buffa and the neighbors. He stressed he is
,~ concerned about the lights and feels condition 20 is not properly written. Car wash hours should be
curtailed until 9:00 a.m. with no'washing on weekends. He is not against the canopy, just against the
design. He is not in support of the waivers unless the canopy is redesigned to be part of the architecture
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APRIL 30, 2007
PLANNING COMMISSION MINUTES
~ of the building and unless the lighting is reduced. He suggested a photometric study after lighting is
altered. He also feels the star sign on the vehicle preparation building should be moved because it looks
out of place. He offered his assistance to staff to help resolve issues.
Commissioner Romero s4ated his concern about the canopy and neighborhood concerns and would not
support the proposed project.
Chairman Eastman agreed with the three fellow Commissioners. She indicated that she would like to see :
neighbors come back in support once the dealership has proven to be a good neighbor.
Commissioner Faessel suggested a continuance because he shares the concerns of the other
Commissioners.
Judy Dadant, Principal Planner, confirmed that a staff member visited the property at night with a light
meter which read 0.5 foot candles at the property line and staff felt it was not an issue at that particular
time. Now that there is testimony from the homeowners; staff understands that this is an issue and will
work with the applicant to mitigate the issue. Caliber removed light packs on the side of the vehicle prep
building because the homeowner next to that building had issues with thelighting. Ms. padant suggested
a four week continuance to work with the applicant.
Chairman Eastman indicated the lighting issue needs to be addressed, and that no one should have to
have darkening curtains to sleep at night. She mentioned concern over noise from vacuuming`during the
early morning hours even if the canopy is up.
Commissioner Karaki stated in all fairness to the applicant, the noise from the freeway is no less than the
noise from the vacuum.
Commissioner Buffa suggested a condition specifically prohibiting advertising in the display cases on the
~ vehicle preparation building. '
Judy Dadant indicated that condition 24 on page 5 of the resolution addressed that concern.
Commissioner Buffa stated concern that the dealership has been incrementally asking for more and
more. She wanted staif to investigate and report back on the potential health risks for the trees planted in
the 5 foot setback with the City's Urban Forestry staff. These trees were supposed to be a noise buffer
so staff needs to make sure they will survive in such a small area
Don Bering will discuss the canopy issue with staff. He will investigate the comments regarding the
lighting and resolve the problems. He would also take suggestions from Commission regarding
movement of the star. He and Commissioners discussed star placement on the building. He felt he can
work with staff and return in 30 days.
Judy Dadant stated staff will work with applicant. She clarified with the Commission that the location of
the canopy is acceptable and that it is just a design issue.
Commissioner Buffa advised no kind of temporary structure is acceptable to her. If it is permanent it
needs to be integrated into a building. Vehicle preparation is supposed to be done in the vehicle
preparation building.
The Commissioners discussed placement of the canopy.
Don Bering suggested taking this issue off the calendar because they may not be able to come up with a
new design within 30 days.
~ HosseinZandi, the applicant, stated the City inspected lighting and approved it. They did landscaping
according to approval from Public Works. He indicated concern ove'r paying temporary occupancy fees.
_ 04-30-07
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APRIL 30, 2007 -
PLANNING COMMISSION MINUTES
He stated they deserve something because they have been in Anaheim Hills for 30 years and they need
~ help.
Chairman Eastman reminded him that the public hearing was closed and they are trying to help him. She
asked the applicant when they would like the request continued ta
Hossein Zandi indicated that thirty days would be adequate and that he was really only interested in the
landscaping and sign modifications.
Commissioner Buffa motioned to continue the hearing until May 30 and CommissionerRomero seconded
the motion.
Commissioner Buffa asked that the bootleg signs be discontinued.
OPPOSITION: A person spoke in opposition to the subject request.
DISCUSSION TIME: 1 hour (3:28-4:28)
~ Commissioner Velasquez left the Council Chambers at 3:45 p.m.
~`
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APRIL 30, 2007
PLANNING COMMISSION MINUTES
~ 9a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 313
(PREVIOUSLY-CERTIFIED)
9b. WAIVER OF CODE REQUIREMENT '
9c. CONDITIONAL USE PERMIT N0. 2007-05198
Owner: Steiner Corporation
, 505 East South Temple
Salt Lake City, UT 84102-1004
Agent: Geoff Bonney, Bonney Architects
300 East State Street Suite #620
Redlands, CA 92373
Location: 1740 South Zevn Street, 1755 and 1763 South -Anaheim
Boulevard: Property is approximately 2.1 acres, having a
frontage of 326 feet on the east side of Zeyn Street and is
~
Continued to
May 14, 2007
Motion: Velasquez/Romero
VOTEc 6-0
Commissioner Flores absent
located 250 feet north of the centerline of Katella Avenue.
Request to expand a legal non-conforming commercial laundry facility :
with waivers of (a) minimumlandscape and structural setback adjacent to
Zeyn Street and Anaheim Boulevard, (b) maximum permitted fence
height, (c) minimum distance between driveways serving adjacent
parcels, and (d) minimum number of required parking spaces.
Project Planner.•
~ Conditional Use Permit Resolution Na (kwong2@ananeim.net)
~
OPPOSITION: None
DISCUSSION TIME: This item was not discussed.
~
APRIL 30, 2007
PLANNING COMMISSION MINUTES
MEETING ADJOURNED AT 4:30 P.M.
TO MONDAY, MAY 14, 2007 AT 1:00 P.M.
FOR PRELIMINARY PLAN REVIEW.
Respectfully submitted~
` ~~ :
~ Pat Chandler
Senior Secretary
Received and approved by the Planning Commission on 1Mo~~s 3C~ , 2007.
04-30-07
Page 23