Minutes-PC 2008/09/15COty of nahei
lannin Co assoor~
inu#es
tl~ondav, September 15,'2008
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Commissioners Present:
Commissioners Absent:
Chairman: Joseph Karaki
Peter Agarwal, Kelly Buffa, Stephen Faessel,
Victoria Ramirez, Panky Romero
Gail Eastman
Staff Prese~t:
CJ Amstrup, Planning Services Manager
Ted White, Senior Planner
Mark Gordon, Assistant Ciry Attorney
Dave See, Senior Planner
Elaine Thienprasiddhi, Associate Planner
Scott Koehm, Associate Planner
Raul Garcia, Principal Civil Engineer
David Kennedy, Associate Transportation Planner
Roger Be~nion, Code Enforcement Supervisor
Grace Medina, Senior Secretary
Donna Patino, Secretary
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m.
on Thursday, September 11, 2008, inside the display case located in the foyer of the Council
Chamber, and also in the outside display kiosk.
Published: Anaheim Bulletin Newspaper on Thursday, September 4, 2008
• Call to Order
e Preliminary Plan Review 1:30 P.M.
• STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELpPMENTS
AND ISSUES (AS REQUESTED BY PLANNING COMMISSION)
• PRELIMINARY PLAN REVIEW FOR ITEMS ON THE SEPTEMBER 15, 2008 AGENDA
. Recess to Public Hearing
s Reconvene to Public Hearing 2:30 P.M.
Attendance: 17
. Pledge of Allegiance
• Public Comments
o Consent Calendar
• Public Hearing Items
o Adjournment
Commissioner Ramirez
H:\TOOLS\Planning Commission Administration\PC Action Agendas - Minules~2008 Minutes\2008 MinutesWC091508.doc
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments: None
Consent Calendar:
Commissioner Buffa offered a motion, seconded by Commissioner Agarwal and MOTION
CARRIED, for approval of Consent Calendar Item 1A through Item 6 and to continue Item 1B
as recommended by staff. Item 1 C was removed from the Consent Calendar for separate
action. UNANIMOUSLY APPROVED
Reports and Recommendations:
Minutes
ITEM 1A
Receiving and approving the Minutes from the Planning
Commission Meeting of August 18, 2008.
(Continued from the September 3, 2008 Planning Commission meeting)
NOTE: Meeting minutes have been provided to the Planning
Commission and are available for review at the Planning
De,partment.
ITEM 1 B
Receiving and approving the Minutes from the Planning
Commission Meeting of September 3, 2008.
NOTE: Meeting minutes have been provided to the Planning
Commission and are available for review at the Planning
Department
Consent Calendar Approval
Motion: Buffa/Agarwal
VOTE: 6-0
Commissioner Eastman absent
Continued to
September 29, 2008
Motion: Faessel/Romero
VOTE: 6-0
Commissioner Eastman absent
Commissioner Faessel offered a motion, seconded by Commissioner Romero to continue
the Planning Commission Minutes of September 3, 2008 until September 29, 2008.
Motion passed with 6 aye votes. Commissioner Eastman was absent.
09/15/08
Page 2 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
ITEM NO. 1C
Owner Charles Hance
and 828 West Vermont Avenue
Applicant: Anaheim, CA 92805
Location: 828 West Vermont Avenue: This property is
approximately 1.29 acres, with a frontage of 292
feet on the south and west side of Vermont Avenue
with the Interstate 5 Freeway to the north and west
of the property and single-family and multiple
family residences to the north and east.
Request to initiate the modification or revocation of Conditional
Use Permit No. 2798 which permits an automotive sales and
service facility and outdoor storage with fewer parking spaces
than required by code.
Initiated the modification of
revocation of the permit
Motion: Buffa/Faessel
VOTE: 6-0
Commissioner Eastman absent
Project Planner.
Scott Koehm
skoehm(~o anaheim.net
Item No. 1 C was pulled from the Calendar to be further discussed.
Scott Koehm, Associate Planner, presented the staff report.
Charies Hance, property owner, 828 West Vermont Avenue, Anaheim, requested a
continuance so that he could work with staff and review the conditions proposed by
staff.
Mark Gordon, Assistant Attorney, reminded the Planning Commission that this item is
on the agenda to consider whether or not this permit should be set for a future public
hearing. It is not the purpose of this meeting to hold a public hearing on the permit and
discuss the project or potential changes to the conditions of approval.
Commissioner Buffa offered a motion, seconded by Commissioner Faessel to initiate
the application to revoke or modify the permit. Motion passed with 6 aye votes.
Commissioner Eastman was absent.
DISCUSSION TIME: 10 minutes (2:35 to 2:45)
{This item was pulled from the Consent Calendar for separate discussion.)
09/15/08
Page 3 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
ITEM NO. 1 D
CEQA NEGATIVE DECLARATION
(PREVIOUSLY-APPROVED) AND
CONDITIONAL USE PERMIT NO. 2007-05191
(Trackinq No. CUP2008-05344)
Owner Jack Jakosky, Canyon Plaza LLC
and 503 - 32nd Street #200
Applicant: Newport Beach, CA 92663
Location: 5761 East Santa Ana CanVOn Road
Request for a retroactive one-year extension of time to
comply with conditions of approval for a previously-approved
expansion to an existing commercial retail center to construct
a small market with retail sales of beer and wine for off-
premises consumption and accessory roof-mounted
equipment.
Consent Calendar Approval
Motion: Buffa/Agarwal
VOTE: 6-0
Commissioner Eastman absent
Project Planner:
Ted White
twhite(a~anaheim. ~et
Commissioner Buffa offered a motion, seconded by Commissioner Agarwal to approve
the Consent Calendar items 1A and 1 D. Motion passed with 6 aye votes.
Commissioner Eastman was absent.
09/15/OS
Page 4 of 18
SEPTEMBER 15, 2008
PLANNING COMNiISSION MINUTES
Public Hearina Items:
ITEM NO. 2
Owner: Landrey Properties LP
P.O. Box 1306
Santa Monica, CA 90406
Applicant: Bob Spears
Cade
1320 North Tustin Avenue
Anaheim, CA 92807
Location: 2861 East Miraloma Avenue: This property is
approximately 4.6 acres in size, having a frontage of
330 feet on the north side of Miraloma Avenue
approximately 980 feet west of the centerline of Red
Gum Street.
Request for a retroactive extension of time for a previously-
approved permit to retain an automobile storage lot and to modify
plans to add an on-site loading area and temporary structures with
fewer parking spaces than required by Code.
Resolution No. PC2008-88
(Agarwal)
Approved, deleted
Condition No. 3 and
modified Condition No. 5
VOTE: 6-0
Commissioner Eastman absent
Project Planner:
Elaine Thienprasiddhi
efhien(o)anaheim. net
Elaine Thienprasiddhi, Associate Planner, presented the staff report. Staff requested
that Condition of Approval No. 3 be deleted from the draft resolution since a building
permit is not required for the proposed modular restroom building.
Commissioner Buffa asked if staff proposed the bi-annual Code Enforcement
inspections to take place for a specific number of years or would it go on for an
indefinite period of time.
Ms. Thienprasiddhi, stated that the condition is recommended to remain in perpetuity
because staff removed the condition that limits the Conditional Use Permit.
Chairman Karaki opened the public hearing.
Dennis McCollough, architect, 33 Rocky Knowl, Irvine, Ca. 92612, stated that he is the
architect for California Auto Dealers Exchange. He is present along with Kennedy
Rivers, Facility Manager of CADE, and they are available to answer any questions.
09/15/08
Page 5 of 18
(Tracking No. CUP2008-05319)
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
Chairman Karaki asked if they read the conditions and if they were in agreement with
them.
Mr. McCollough replied that they are in agreement.
Chairman Karaki closed the public hearing
Commissioner Buffa commented that when the Planning Commission has approved
Conditional Use Permits with requirements for periodic inspections, she recalls that the
requirement was generally attached to uses with a high community profile or potential to
create a community or neighborhood disturbance. An example is a nightciub or bar
where things would get out of hand resulting in serious problems.
She was not comfortabie imposing a condition on this use in perpetuity because she did
not think the applicant should pay the City to oversee their business for an indefinite
period of time. She thought it would be best to propose a condition to have annual
inspections for two or three years. The applicant wouid developed the habit of being in
compliance and learn how to implement their conditions successfully.
She asked that the condition be modified to require annual inspections for a period of
two years with no further need for inspections. In the event of a violation such as
unloading transporters in the street, Code Enforcement wouid treat it just like every
other business in the City of Anaheim.
Commissioner Faessei agreed with Commissioner Buffa as far as modifying this
condition to annual inspections but'he was not comfortable removing the requirement
after a few years. He asked staff if they could chime in on this issue.
Chairman Karaki asked staff what fees are imposed for inspections.
Roger Bennion, Code Enforcement Supervisor, stated that the fees currently are based
on an hourly rate, approximately $180.00 an hour depending on the length of the
inspection.
Chairman Karaki inquired about the typical time involved in an inspection.
Mr. Bennion replied that an average inspection is usually a half hour to an hour
depending on the complexity of the case.
Chairman Karaki asked staff for the reasoning behind the limitation on the permit.
Ms. Thienprasiddhi stated that when this property originally obtained the Conditional
Use Permit there were concerns from the Community Development Department
because of its location in a redevelopment area. They believed that there could be a
higher and better use of the property in the future so the City limited the CUP to 5 years,
09/15/08
Page 6 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSIOPI fiAINUTES
The City tied the timing to the length of their lease. The applicant came back again after
five years to ask for a reinstatement.
The City did not receive any comments from the Community Development Department
on the current request for reinstatement. Staff felt that the use is appropriate for the site
but has had issues with permit compliance over the past several years. Staff initially
believed that quarterly inspections were apprapriate, and then reduced it to biannual
inspections. Staff did not consider limiting the length of time that they would be required
to have inspections.
Commissioner Agarwal stated that he was in support of staff's recommendation on this
item.
Commissioner Ramirez agreed with Gommissioner Buffa and thought the condition
should be limited. If staff has a concern, Gode Enforcement has the right to go out and
there will be oversight. She does not see why the applicant should continue to pay in
perpetuity.
Commissioner Romero stated that initially the applicant was in agreement with the
Conditions of Approval so he is inclined to leave it as recommended by staff.
Commissioner Faessel stated that he did not believe the City should expect the
applicant to do a bad job and look over their shoulder twice a year. He thought once a
year would be enough and would cut the applicant's expense by haif. His concern is
the lack of a time limit on the inspections. He liked Commissioner Buffa's proposal to
e~d the inspections after a few years.
Chairman Karaki suggested that this condition be a yearly inspection in perpetuity to
make sure that the business complies with the permit. In the future, the City could
make modifications
Ted White, Senior Planner, suggested that staff could also add the language "as
determined necessary by the Code Enforcement Division," so that in the event Code
Enforcement makes the determination after three years of annual inspections, that they
are no longer necessary, they could cease doing the inspections.
Chairman Karaki agreed with the language.
Commissioner Faessel also agreed, stati~g that it does not make the applicant go
through another CUP process. He thought that adding this language would be
satisfactory.
Commissioner Faessel supported the modification to the condition.
Chairman Karaki also supported the modification.
09115/08
Page 7 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
Mr. White clarified the condition would provide for a yearly inspection for a minimum of
three years after which Code Enforcement could determine if future inspections are
necessary. ` "
Commissioner Buffa stated that it sounds like a reasonable compromise.
Commissioner Agarwal offered a recommendation that the Planning Commission adopt
the attached resolution to determine that the previously-approved Negative Declaration
serve as the appropriate environmental documentation, to approve an Amendment to
Conditional Use Permit No. 4121 with fewer parking spaces than required by Code, to
delete Condition No. 3 and to modify Condition No. 5, as recommended by skaff.
Grace Medina, Senior Secretary, announced that the resolution passed with 6 aye
votes. Commissioner Eastman was absent.
OPPOSITION: None
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, October 7, 2008.
DISCUSSION TIME: 17 minutes (2:45 to 3:02)
09/15/08
Page 8 of 18
SEPTEMBER 15, 2008
PLAMNIMG COMMISSIOPJ MINUTES
ITEM NO. 3
CEQA CATEGORICAL EXEMPTION
CLASS 1 AND AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2007-05201
WITH A WAIVER OF A CODE REQUIREMENT
(Trackinq No. CUP2008-05350)
Owner Myoungjin Lee
and 1248 Lenahan Street
Applicant: Fullerton, CA 92833
Location: 1724 West Glenoaks Avenue: This property is
approximately 0.4-acre, having a frontage of 125 feet
on the south side of Glenoaks Avenue,
approximately 203 feet west of the centerline of
Euclid Avenue.
Request far a retroactive one-year extension of time to comply
with conditions of approval and an amendment to a condition of
approval for a previously approved permit to allow a church with
fewer parking spaces than required by Code.
Resolution No. PC2008-89
(Romero)
Approved, modified
Condition No. 6
VOTE: 6-0
Commissioner Eastman abseni
Project Planner.
Scott Koehm
skoehm(~o anaheim.net
Scott Koehm, Associate Planner, presented the staff report. Staff modified Condition
No. 6 of the resolution to read; the hours of operation shall be limited to 9 a.m. to 9 p.m.
on Sundays. Hours of operation may be expanded to Saturdays from 9 a.m. to 9 p.m.
and weekdays from 7 p.m. to 10 p.m. provided that prior to any change in operation, the
applicant shall submit an amended letter of operation and adequate parking continues
to be available for the other on-site uses. Expanded hours of operation shall be subject
to approval of the Planning Director.
The condition read into the record would replace in its entirety Condition No. 6.
Chairman Karaki opened the public hearing.
Myoungjin Lee, property owner, 1724 West Glenoaks Avenue, stated that he is
available to answer any questions.
Chairman Karaki asked if there was anyone who would like to speak to this item; seeing
none; he closed the public hearing.
Commissioner Romero offered a recommendation that the Planning Commission adopt
the attached resolution approving the Categorical Exemption Class 1 and to approve
the Amendment to Conditional Use Permit No. 2007-05201 with the modification to the
resolution No. 6 as read into the record by staff.
Grace Medina, Senior Secretary, announced that the resolution passed with 6 aye
vptes. Commissioner Eastman was absent.
09/15/08
Page 9 of 18
SEPTEMBER 15, 2008
PLANNIfVG COMMISSION MINUTES
OPPOSITION: None
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, October 7, 2008.
DISCUSSION TIME: 5 minutes (3:02 to 3:07)
09/15/08
Page 10 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
ITEM NO. 4
CEQA NEGATIVE pECLARATION
(PREVIOUSLY-APPROVED) AND
AMENDMENT TO CONDITIONAL USE PERMIT NO. 4016
(Tracking No. CUP2008-05335)
OWNER: ~LC Kelto
1422 South Allec Street
Anaheim, CA 92805
APPLICANT: Jim Kelly
American Tower Corporation
2201 Dupont
Irvine, CA 92612
LOCATIOtd: 1422 South Allec Street: This property is
approximately 1 acre, having a frontage of
approximately 125 feet on the east side of Allec
Street, 540 feet north of the centerline of Cerritos
Avenue.
Request to reinstate a conditional use permit for a 60-foot high
steel communications monopole and to amend or delete a
condition of approval pertaining to a time limitation.
Ted White, Senior Planner, presented the staff report.
Chairman Karaki opened the public hearing.
Resolution No. PC2008-90
(Faessel)
Approved
VOTE: 6-0
Commissio~er Eastman absent
Project Planner.
Ted White
twhite~anaheim.net
Jim Kelly, American Tower Corporation, 4215 Pacific Avenue, Long Beach, CA 90807,
stated that he is available to answer any questions.
Chairman Karaki asked if there was anyone who would like to speak to this item; seeing
none; he closed the public hearing.
Commissioner Faessel offered a recommendation that the Planning Commission adopt
the attached resolution determining that the previously-approved Negative Declaration is
appropriate to serve as the environmental documentation and to approve amendment to
Conditional Use Permit No. 4016.
Grace Medina, Senior Secretary, announced that the resolution passed with 6 aye votes.
Commissioner Eastman was absent.
OPPOSITION: None
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, October 7, 2008.
DISCUSSION TIME: 3 minutes (3:07 to 3:10)
09/15/08
Page 11 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
ITEM NO. 5
Orange County Harbors
6396 East Santa Ana Canyon Road
Anaheim, CA 92807
APPLICANT: Eli Beas
The Bergman Companies
13745 Seminole Drive
Chino, CA 91710
LOCATION: 6300 - 6398 East Santa Ana Canvon Road: This
property is approximately 6.6 acres located at the
southwest corner of Santa Ana Canyon Road and
Fairmont Boulevard, with frontages of 465 feet on the
south side of Santa Ana Canyon Road and 384 feet
on the west side of Fairmont Boulevard.
Request to permit the expansion of an existing shopping center by
dividing one tenant space into two and allowing a grocery store with
wall signs that are larger than permitted by Code, and sales of
alcoholic beverages. This project requires approval of the following
actions: Conditional Use Permit No. 2008-05333 - to permit fhe
expansion of an existing shopping center by dividing one tenant
space into two, with wall signs that are larger than permitted by Code;
and Public Convenience or Necessity No. 2008-00045 - a
Determination of Public Convenience or Necessity to permit sales of
alcoholic beverages for off-premises consumption within a proposed
grocery store.
Resolution Mo. PC2008-91
Resolution No. PC2008-92
(Ramirez)
CUP
Approved, modiFed
Condition Nos. 1 and 6
PCN
Approved, modified
Condition No. 11
VOTE: 6-0
Commissioner Eastman absent
Project Planner.
Ted White
t white(o~ anaheim. net
Ted White, Senior Planner, presented the staff report. Staff recommends two changes to the
Conditions of Approval. Condition No. 6 of the Conditional Use Permit resolution should be
modified to change the height of the required roof address from four inches to four feet.
In addition, Condition No. 11 of the PCN resolution regarding the minimum size of wine
bottles permitted to be sold on the premises should be modified to change the minimum size
from 750 milliliters to 375 milliliters. The applicant had requested this change prior to the
meeting because they sell a variety of dessert wines in 375 milliliters bottles and that their
09/15/08
Page 12 of 18
OWNER: Redondo Investments Company
P.O. Box 14478
Long Beach, CA 90803
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
other location in West Anaheim was allowed sell 375 milliliter wine bottles. Staff
recommends approval of these modifications.
Chairman Karaki asked how far the Junior High school was from this location.
Mr. White stated that the Junior High School is across the street near Fairmont Blvd. The
main entrance to the Junior High is on the east side of the property.
Mr. Romero thought there was a shopping center there.
Mr. White replied that immediately across Fairmont there is a shopping center and to the east
of that is the Junior High School.
Commissioner Buffa asked staff to confirm the letter height of the Fresh and Easy wall sign
and whether the green backing panel was larger than 36 inches.
Mr. White replied that the letter height of the "F" in "Fresh & Easy" would be 37 inches high.
The actual sign panel is 5 feet high.
Commissioner Romero referred to the trash container and loading area. He asked if the new
tenant would also utilize the same trash area.
Mr. White stated that this trash container and loading area would be the loading area for both
tenants. The new tenant space is configured such that it has direct access to the loading
area so that all deliveries and trash would go out through the back leading to the loading
area
Commissioner Faessel referred to the plot plan where it shows the Junior High School as
well as a pre-school on Fairmont Boulevard. He wanted to be reminded of what the Code
states about the sale of alcoholic beverages within a certain distance of school locations.
Mr. White replied that there is no limitation.
Commissioner Faessel asked whether the school was more than 1,000 feet from the market .
Mr. White replied that the school is over 1,000 feet from the market.
Chairman Karaki asked staff to explain the recommendation to change the minimum wine
bottle size from 750 milliliters to 375 milliliters.
Mr. White stated that there are a number of dessert wines that come in smaller bottles that
are typically sold in grocery stores and wine stores. These wines are sipping wines that
come in a smalier bottle and smaller portions are served. The condition would still require
that wine coolers be sold in original four-pack packaging.
Chairman Karaki opened the public hearing.
Eli Beas, developer, 13745 Seminole Drive, stated that he is with the Bergman Companies
and is available to answer any questions.
09/15/08
Page 13 of 18
SEPTEMBER 15, 2008
PLAMNING COMMISSION MINUTES
Christopher Vella, property owner, 6200 Bayshore Avenue, Long Beach, 90803, stated that
he represents the owner, Redondo Investment Company. He is available to answer any _,_.
questions.
Commissioner Faessel stated his understanding that the circulation in the parking Iot was
difficult and asked the applicant if they were considering changing the circulation to improve
it.
Mr. Beas stated that they were making changes for the delivery trucks near the trash
enclosure and also making changes to the entrance off of Santa Ana Canyon were they are
reducing the island in the front to have better access for trucks. They are working with the
landlord to have the center re-paved.
Commissioner Aganval wanted to make sure that the applicant understood that they are not
required to do this change but as a frequent visitor to the shopping area there is an
observation that circulation is not very good. He thought this suggestion may help improve
the center and the flow of tra~c.
Mr. Vella asked if he referred to vehicle or truck traffic.
Commissioner Agarwal replied vehicle traffic.
Mr. Vella discussed some of the site limitations, induding the grade of the site and vehicular
access points, that have prevented any major changes to vehicular circulation.
Commissioner Buffa asked the applicant whether they had considered painting the balance
of the shopping center to match the colors proposed by the Fresh & Easy Market. She asked
the applicant if they contemplated refurbishing the whole center or any kind of up-grades.
Mr. Vella stated that the entire center was completely painted prior to Big Lots opening three
years ago. The color scheme for the entire center was dictated in the original design based
on the historic adobe house that is located on the corner of the property. A lot of the design
elements are build upon that structure including the dormer windows and the shake roof, and
the color of the plaster of the walls. They found the Fresh & Easy base scheme to be
complementary to the existing colors.
Commissioner Buffa stated that it appears that the body of the Fresh & Easy building is
painted tan and the trim is green but the existing buildings are white so she had trouble with
this being complementary.
Mr. Vella stated that the base color appears whiter in the slide. He stated that there are only
three colors throughout the center. The Fresh & Easy building is a separate structure from
the rest of the center and he is not sure how it would work to introduce green to the other two
areas. He reiterated that the colors were paints selected back in the early eighties when they
obtained the approval to restore the adobe house.
Commissioner Buffa stated that the color scheme of the center is nice and the color scheme
that they are proposing for the Fresh & Easy market building is nice, but that they do not
09/15/08
Page 14 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
necessarily go togethec Because the Fresh & Easy Market will be in between the two ends
of the center that will remain painted the grey mist color, this should be thought out more.
There would be no cohesion in the shopping center if they go from very pale grey and white
to the warm tones that are in the proposed color pallet and then back to the very cool grey
tones on the far end of the center.
Chairman Karaki added that the Commission would Iike the whole shopping center to blend.
They are only asking for a paint job and not remodeling.
Mr. Vella stated that he was not prepared to commit to change the color of rest of the center
to accommodate new colors especially given the history of the center and everyone that has
been involved with the color scheme currently.
Chairman Karaki stated that they have come up with a nice looking color scheme that fits
what they are trying to achieve but it is detached from the surrounding center.
Commissioner Faessel suggested that the applicant review his color pallet. He believes the
existing center is satisfactory and he thinks it would be a great improvement to have the
Fresh & Easy Markek in the center. He does not want to add additional expense to the
project by requiring the owner to re-work the center. He feels it should be up to the applicant
whether to take the Commissioners suggestions and he would not support the Commission
adding a condition of approval to require the re-painting of the center.
Commissioner Romero agreed with Commissioner Faessel and looked forward to the Fresh
& Easy Market opening in the center. .
Commissioner Ramirez agreed. She did not feel comfortable with the Planning Commission
dictating the color scheme that they are using. She understands the other Commissioner's
concerns but Fresh & Easy may be interested in standing out and being the anchor in that
facility.
A general discussion occurred between Commissioner Buffa,-staff and the applicant
regarding the difference in height between the two proposed wall signs, one wall sign being
proposed with a maximum letter height of 37 inches and the other sign height of 35 inches.
Commissioner Buffa suggested that the maximum letter heights for the two wall signs be the
same, with a maximum letter height of 37 inches.
The applicant indicated support for the proposed change to the maximum letter height.
Chairman Karaki asked if there was anyone in the audience that would like to speak to this
item.
Jocelyn Gambos, 154 S. Canyon Woods Road, Anaheim 92807, stated that she supported
this site being a grocery store.
Chairman Karaki asked if there was anyone who would like to speak to this item; seeing
none, he closed the public hearing.
09/15/08
Page 15 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSION MINUTES
Commissioner Buffa reiterated that she thought the sign height should be consistent. She
concurred with Commissioner Faessel that the Planning Commission should not get into the
paint color dictating business. However, she thought they could strongly encourage the ._ .. _.
property owner's to look hard at what the shopping center is going to look like when it is
finished so that it is cohesive as opposed to all the amalgamation of buildings that do not,
relate well with one another.
Commissioner Ramirez stated that she supported the project as is.
Commissioner Faessel agreed with Commissioner Buffa that there shouid be consistency in
the size of the signs.
Chairman Karaki stated that the reason he spoke strongly about repainting the rest of the
shopping center he feels that the Fresh & Easy is going to stand out and will not look right in
relation to shopping center. He supports the Fresh & Easy market but he does not agree
with the notion that the shopping center should not be painted to match the proposed Fresh
& Easy building. He supports Commissioner Buffa's suggestion to keep the signage
consistent.
Mr. White stated that staff recommended that the motion include a modification to Condition
No. 1 to change the maximum wall sign height from 35 inches to 37 inches.
Commissioner Ramirez offered a recommendation that the Planning Commission adopt the
attached resolution to approve a Class 1 Categorical Exemption and to approve Conditional
Use Permit 2008-05333 with wall signs larger than permitted by Code and approving Public
Convenience or Necessity Permit No. 2008-00045 with modifications to Condition Nos. 1 and
6 of the conditional use permit and Condition No. 11 of the public convenience or necessity
determination, as read into the record by staff.
Grace Medina, Senior Secretary, announce that the resolution passed with 6 aye votes.
Commissioner Eastman was absent.
OPPOSITION: None
W GENERAL: 1 person spoke in favor of the request.
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00
p.m. on Tuesday, October 7, 2008.
DISCUSSION TIME: 39 minutes (3:10 to 3:49)
09/15/08
Page 16 of 18
SEPTEINBER 15, 2008
PLANNING COMMISSION MINUTES
ITEM NO. 6
CEQA CATEGORICAL EXEMPTION. CLASS 1 AND
COMDITIONAL USE PERMIT NO. 2008-05341 Resolution No. PC2008-93
(Faessel)
OWNER: RLR Investments, LLC
600 Gillam Road
Wilmington, OH 45177 Approved
APPLICANT: Nayib Chaibun
Ware Malcomb Architects VOTE: 6-0
10 Edelman Commissioner Eastman absent
Irvine, CA 92618
LOCATION: 2981 East La Jolla Street: This property is
approximately 2.3 acres with a frontage of 315
feet on the north side of East La Jolia Street,
approximately 345 feet east of the centerline of
Red Gum Street.
Project Planner.
Request to expand an existing truck terminal. ~ave see
dseena anaheim.net
Dave See, Senior Planner, presented the staff report.
Chairman Karaki opened the public hearing.
Nayib Chaibun, RLR Investments, 10 Edelman, Irvine, 92616, stated that he is the Senior Project
Manager for World Market Architects and he is representing the applicant. He is available to answer
any questions.
Chairman Karaki asked if he read the conditions of approvaL
Mr. Chaibun replied they have read the conditions and agree with them.
Commissioner Faessel referred to the building size. He asked since the building has almost doubled
in size if it gave them satisfactory room to the east for the circulation for the semi trucks.
Mr. Chaibun replied yes.
Commissioner Faessel stated that he was concerned because the building addition effectively
reduces the size of the turning radius for the trucks.
Mr. Chaibun replied that there was adequate space to maneuver the trucks in that area.
Chairman Karaki asked if there was anyone in the audience who would like to speak on this item;
seeing none, he closed the public hearing.
09/15/08
Page 17 of 18
SEPTEMBER 15, 2008
PLANNING COMMISSION MIWUTES
Commissioner Faessel offered a recommendation that the Pianning Commission adopt the attached
resolution to determine that a CEQA Categorical Exemption Class 1 serve as the appropriate
environmental documentation for the project and to approve Conditional Use Permit No. 2008-05341.
Grace Medina, Senior Secretary, announced that the resolution passed with 6 aye votes.
Commissioner Eastman was absent.
OPPOSITION: None
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, October 7, 2008.
DISCUSSION TIME: 5 minutes (3:49 to 3:54)
MEETING ADJOURNED AT 3:55 P.M.
TO MOfVDAY, SEPTEMBER 29, 2008 AT 1:00 P.M.
FOR PRELIMINARY PLAN REVIEW
RespectFully submitted,
~~1v7GL~G ` GGi'~r,
Donna Patino
Secretary
Received and approved by the Planning Commission on September 29, 2008.
09/15/08
Page 18 of 18