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Minutes-PC 2009/01/21ity of nahei IannAn o ission i n utes Wednesdav, Januarv 21, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, Califomia Commissioners Present: Commissioners Abseot: Staff Present: CJ Amstrup, Planning Services Manager Linda Johnson, Principal Planner Mark Gordon, Assistant City Attorney Jonathan Borrego, Principal Planner Elaine Thienprasiddhi, Associate Planner Della Herrick, Associate Planner Scott Koehm, Associate Planner Kimberly Wong, Planner David See, Senior Planner Raul Garcia, Principal Civil Engineer David Kennedy, Associate Transportation Planner Eleanor Morris, Secretary Julie Hourani, Office Specialist II Micheie Irwin, Senior Poiice Services Representative Agenda Posting: A compiete copy of the Planning Commission Agenda was posted at 12:00 p.m. on Wednesday, January 14, 2009, 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, January 8, 2009 • Call to Order e Preliminary Plan Review 1:30 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE JANUARY 21, 2009 AGENDA • Recess to Public Hearing . Reconvene to Public Hearing 2:30 P.NI. Attendance: 22 • Pledge of Allegiaoce: Commissioner Ramirez • Public Comments Chairman: Joseph Karaki Peter Agarwal, Kelly Buffa, Gail Eastman, Stephen Faessel, Victoria Ramirez, Panky Romero None • Consent Calendar o Pubtic Hearing Items o Adjournment JAfdUARY 21, 2009 PLAfdNIMG COMMISSIOfV MIPIUTES Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None Ilfiinutes ITEAfl MO. 1A Receiving and approving the Minutes from the Planning Commission Meeting of January 5, 2009. Continued to the February 2, 2009 Planning Commission Meeting. Continued to February 2, 2009 Consent Calendar Approval Motion: Romero/Eastman VOTE: 7-0 01 /21 /09 Page 2 of 25 JAPJUARY 21, 2009 PLANNING COMMISSIOM MIfdUTES Public Hearina Items: ITEIIA NO. 2 CONDITIONAL USE PERMIT NO. 2008-05332 Owner: The Presbytery of Los Angeles 2580 West Orange Avenue Anaheim, CA 92804 Appficant: Kristin Galardo Omnipoint Communications Imperial Promenade, Suite 11 Santa Ana, CA 92707 Location: 2580 West Oranqe Avenue: This property is approximately 2.64 acres, having a frontage of 23 feet on the south side of Orange Avenue and 430 feet on the east side of Magnolia Avenue at the southeast corner of Orange Avenue and Magnolia Avenue. Request to permit a telecommunications facility disguised as a church tower with a height of 40 feet and 3 inches where Code permits a height of 30 feet. Environmental Determination: A Negative Declaration has been prepared which evaluates the potential environmental impacts of this project in accordance with the provisions of the California ~nvironmental Quality Act (CEQA). Resolution fdo. 2009-005 (Agarvval) Approved VOTE: 6-0 Commissioner Ramirez Abstained Item No. 11 was heard following this item Project Planner. Kimberly Wong kwonp2(o~anaheim.net Kim Wong, Planner, provided a summary of the stafF report dated January 21, 2009 along with a visual presentation. Chairman Karaki opened the public hearing. Kristin Galardo, T-Mobile, 5912 Bolsa Avenue, Suite 202, Huntington Beach, CA 92648, representing Trillium Consulting, stated they have reviewed the conditions of approval and are in agreement. Chairman Karaki closed the public hearing. 01/21/09 Page 3 of 25 JAMUARY 21, 2009 PLANNING COMMISSION AAINUTES Commissioner Ramirez stated she is abstaining from the item as she has a conflict of interest; and she left the Council Chambers. Commissioner Faessel referred to the utility point of connection shown on the site plan and inquired whether the facility would be connected to an existing pole or a new pole. Ms. Wong responded that the facility would be connected to an existing utility pole on Magnolia Avenue. Commissioner Agarwal offered a recommendation that the Planning Commission adopt the resolution attached to the January 21, 2009 staff report approving the Negative Declaration and approving Conditional Use Permit No. 2008-05332. Julie Hourani, Office Specialist II, announced that the resolution passed with 6 aye votes. Commissioner Ramirez abstained. OPPOSITIOM: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 12, 2p09. DISCUSSION TIME: 7 minutes (2:35 to 2:42) 01/21/09 Page 4 of 25 JANUARY 21, 2009 PLANNING COMMISSIOfd MINUTES ITEM fd0. 3 AAAENDOAENT TO COMDITIOMAL USE PERMIT NO. 2006-05079 (TRACKING NO. CUP2008-05388) Owner: Cheryl and Idelfonso Marquez 26012 Marguerite Parkway, Suite H Mission Viejo, CA 92692 Applicant: Idelfonso Marquez 1835 South Lewis Street Anaheim, CA 92805 Location: 1835 South ~ewis Street: This property is approximately 0.5-acre, having a frontage of 117 feet on the west side of Lewis Street approximately 517 feet south of the centerline of Katelia Avenue. Request to amend a previously-approved permit for a mortuary (for cremation and embalming of human remains) to also allow the cremation of animai remains. Environmental Determination: A Negative Declaration, which was previously prepared and approved, evaluates the potential environmental impacts of this project in accordance with the provisions of the Califomia Environmental Quality Act (CEQA). Resolution Flo. 2009-007 (Buffa) Approved VOTE: 7-0 Project Planner.• Kimberly Wong kwonq2a(~anaheim.net Kim Wong, Planner, provided a summary of the staff report da#ed January 21, 2009 along with a visual presentation. Chairman Karaki opened the public hearing. Robin Marquez, applicant, stated they have reviewed the conditions of approval and are in agreement. Commissioner Faessel asked how the mortuary would receive deceased animals. Mr. Marquez responded they would be working with veterinarians and private institutions. They have also contacted animal shelters to conduct cremations of their animals. Presently, there are two crematories for animals in Orange County. In northem Orange County, patrons have to travel to Huntington Beach. His business location would be convenient for patrons in northern Orange County. Commissioner Agarwal asked if they require death certificates for the cats or dogs. 01/21/09 Page 12 of 25 JANUARY 21, aoos PLANIVING COMMISSIOfd MIfdUTES Mr. Marquez responded there are no death certificates or permits provided by the County at this time. Commissioner Agarwal asked if they require a death certificate from the veterinarians. Mr. Marquez responded veterinarians are responsibie for pronouncing the animals deceased. Veterinarians provide a form but it is not a death certificate. Chairman Karaki, seeing no one indicating to speak, closed the public hearing. Commissioner Buffa offered a recommendation that the Pianning Commission adopt the resolution attached to the January 21, 2009 staff report approving the Negative Declaration and approving the Amendment to Conditional Use Permit No. 2006-05079. Julie Hourani, Office Specialist II, announced that the resolution passed with 7 aye votes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 12, 2009. DISCUSSION TIM~: 4 minutes (2:50 to 2:54) 01 /21 /09 Page 6 of 25 JAfdUARY 21, 2009 PLANIdifdG COMMISSIO'N MINUTES ITEM PJO. 4 COtdDITIONAL USE PERMIT P10. 2008-05359 AND REQUEST Resolution PJo. 2009-008 FOR DETERIIAINATION OF PUBLIC CONVENIEfVCE OR NECESSITY NO. 2008-00045 Resolution Na 2009-009 (Agarwal) Owner and Applicant: Kum Hee Kim and Yong Sub Kim Thomas Liquor Approved 1000 West Lincoln Avenue Anaheim,CA 92805 VOTE: 7-0 Location: 1000 West Lincoln Avenue: This property is approximately 0.26 acre, having a frontage of 107 feet on the south side of Lincoln Avenue and 84 feet on the west side of Illinois Street at the southwest corner of Lincoln Avenue and Illinois Street. Request to authorize the exchange and upgrade of the ABC license for a~ existing legal nonconforming convenience market from a Type 20 (off-sale beer and wine) license to a Type 21 (off-sale General) license. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additionai environmental Projecr Planner. documentation per California Environmental Quality Act (CEQA) Della Herrick Guidellnes Class 1(Existing FBCllitles). dherrick(a~anaheim.net Della Herrick, Associate Planner, provided a summary of the staff report dated January 21, 2009 along with a visual presentation. Commissioner Ramirez referred to the large sign which advertises the store, and she inquired whether the sign would be modified as part of the conditional use permit because she believes it advertises beer and wine. Ms. Herrick responded the applicant has not indicated to staff whether the sign would be removed. Commissioner Ramirez asked if the applicant would be required to remove the sign. Ms. Herrick responded the applicant is not required to remove or modify the large sign. She explained that the conditions of approval limit the type of allowable window signage. Chairman Karaki opened the public hearing. Justin Kim, SEO & Company, 3450 Wilshire Boulevard, Suite 402, Los Angeles, CA, representing the applicant, described their proposal to upgrade the ABC license to allow the sale of a full line of 01 /21 /09 Page 7 of 25 JANUARY 21, 2009 PLANNING COMMISSION MINUTES distilled spirits. He stated the store has operated since 1992. They believe the conditions of approval requiring the business to discontinue sales of single beverages are unfair. The business should be given some consideration because the business owner has invested in the city and is a property owner. He stated the hours of operation are 6:00 a.m. to 11:00 p.m., and 6:00 a.m. to 12:00 a.m. on Fridays and Saturdays. The store carries a variety of household items, and provides a state-of-the-art water purification system. The owner has invested a lot of money into the business and the property does not have a history of vagrancy or loitering. He stated that the store is very clean and well lit at night. He asked for some understanding from the Planning Commission since this request is not for a new license and they are not increasing the ~umber of licenses within the census tract. He submitted a petition with 1,086 signatures of business customers, including residents of Anaheim, supporting the store's request to offer a full line of distilled spirits. He also submitted a letter with 185 signatures of Anaheim residents and customers of the business; supporting the store selling a full line of distiiled spirits and maintaining the sales of single beverages. He described research he conducted with Alcoholic Beverage Control regarding the property being located in an area that did not have a high crime rate, the number of existing licenses and the number of allowed licenses for nine different census tracts including the subject census tract. He also visited 14 liquor stores with Type 21 ABC licenses in Anaheim, located a distance of 1.61 to 9.63 miles from the subject business. He described the types of alcohol sold at these locations and indicated that each of the 14 businesses sells distilled spirits, single servings of beer in 12, 16, 24 and 40 ounce containers, single servings of wine in 187 milliliter containers, and juice-boost malt beverages. He stated this request for an upgrade of the ABC ticense is strictly for the public convenience or necessity. Chairman Karaki asked if the petition and letter were signed by Anaheim residents Mr. Kim responded yes, they were signed by Anaheim residents. Chairman Karaki asked how many signatures were from people living in the vicinity of the store. Mc Kim responded he did not know. Chairman Karaki asked how the signatures were obtained. Mr. Kim stated he prepared a draft of the letter for the applicant to provide to customers. Most of the signatures were from customers who buy one or two beers at a time. Commissioner Ramirez referred to the staff report and the police memorandum which indicate that the business is located in a high-crime area with a six percent above average crime rate, a~d stated Mr. Kim is stating otherwise. She asked for confirmation on which crime rate statistic is correct. Mr. Kim responded he received a fax earlier that day from the Alcoholic Beverage Control which states the business is not located in a high crime area. 01/21/09 Page 8 of 25 JANUARY 21, 2009 PLANNIPIG CO~MISSION MINUTES Ms. Herrick explained that staff obtains statistics from Alcoholic Beverage Control and works with the Police Department and GIS staff to prepare maps identifying the crime rates in the police reporting districts. Commissioner Romero asked if the Police Department recommends this request be approved subject to a condition of approval that there be no sales of single alcoholic beverages allowed. Ms. Herrick responded yes. She indicated staff has recommended this condition of approval for all Alcoholic Beverage Control license requests for off-premises sale of alcoholic beverages since 1996. Commissioner Romero asked if this restriction was a code requirement or a condition of approval. Ms. Herrick responded it is not a code requirement; however, it is a policy of the Anaheim Police Department to recommend this condition. Commissioner Eastman referred to the petition/letters received and asked if these documents were in the store for people to sign. Mr. Kim responded yes. Commissioner Eastman stated she noticed there is a signature from a resident of Santa Ana. Mr. Kim responded the business requested Anaheim residents to sign the petitions and letters, but there may be some residents from other cities. Commissioner Eastman pointed out some of the signatures are from residents of the cities of Brea and Santa Ana. Mr. Kim stated some of those peopie may work in Anaheim. Commissioner Eastman commented that the public record should reflect that not all of the signatures were from Anaheim residents. Commissioner Ramirez referred to a document and stated the reporting district states 16.23, and she believes the subject facility reporting district is 17.23 and that may be why there is confusion. Mr. Kim responded he e-mailed Alcoholic Beverage Control with the address and they did the research for him. Chairman Karaki closed the public hearing. Commissioner Buffa expressed her support of the Police Departmenfs recommendation as they have imposed the same condition on every license that has come before them for a finding of public convenience or necessity. She did not recall ever making an exception to the rule. Commissioner Ramirez concurred with Commissioner Buffa and stated she would not support the prpject without the single sale limitation. 01/21/09 Page 9 of 25 JANUARY 21, 2009 PLAMNIPIG COMMISSIOM MIMUTES Commissioner Romero expressed his support of the Police Department's recommendation. Commissioner Eastman concurred with fellow Commissioners. She stated she has seen positive changes in the area which have resulted from the restrictions being imposed, and is concerned if the restrictions are lifted they might go back in the other direction. Therefore, she doesn't think it would be positive for the neighborhood if they go against the Police Department's recommendation. Commissioner Faessel concurred with fellow Commissioners and the Police DepartmenYs recommendation; aklowing the appiicant to have the Type 21 license with a restriction on the sale of single beverages. Commissioner Agarwal stated they should give the option to the applicant as to what they would like to do. If they want to have the capability to sell singles, then they also have the option to stay with the Type 20 license. Chairman Karaki suggested the Commission vote on the resolution first. CJ Amstrup, Planning Services Manager, referred to Commissioner Agarwal's comment and stated if the resolution is approved with the limitation on it, the applicant would have the opqortunity to either exercise that conditional use permit which would require the discontinuance of the single sales; or he couid continue seliing singles of beer and wine with his current ABC license. The business decision can be made by the applicant. Commissioner Agarwal offered a recommendation that the Planning Commission adopt the resokutio~s attached to the January 21, 2009 staff report approving the Categorical Exemption, Class 1 and approving Conditional Use Permit No. 2008-05359 and Public Convenience or Necessity No. 2008-00048. Julie Hourani, Office Specialist II, announced that the resolutions passed with 7 aye votes. OPPOSITIOfd: None SUPPORT: Applicant submitted a petition with 1,086 signatures and letters with 185 signatures Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 12, 2009. DISCUSSION TIME: 30 minutes (2:55 to 3:25) 01 /21 /09 Page 10 of 25 JANUARY 21, 2009 PLANMIPIG COMMISSION MIMUTES ITEnfl iVO. 5 Owner: Purple Penumbra, LLC 1 Mauchly Irvine, CA 92618 Applicant: Silvia Rodriguez Camino Real Market 855 South State College Boulevard Anaheim, CA 92805 Location: 855 South State Colleqe Boulevard: Th'is property is approximately 0.48 acre, having a frontage of 142 feet on the west side of State College Boulevard and 167 feet on the north side of Morava Avenue, at the northwest corner of State College Boulevard and Morava Avenue. Request to authorize the sales of beer and wine for off-premises consumption in an existing legal nonconforming convenience market (Camino Real Market). Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). Resolution No. 2009-010 Resolution Plo. 2009-011 (Buffa) Approved VOTE: 7-0 P~oject Planner. Della Neriick dherrick(a~anaheim. net Della Herrick, Associate Planner, provided a summary of the staff report dated January 21, 2009 along with a visual presentation. She read into the record an additionai condition of approval recommended by staff as foliows: "The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any three month period. The applicant shall maintain records on quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim ofFicial when requested." Commissioner Romero stated the crime rate is 16 percent below the city average and the reporting district has an over concentration of licenses. He asked if the crime rate changes over time, whether any action is taken on determinations of public convenience or necessity that have been previously approved. Ms. Herrick responded, as discussed during the preliminary plan session, the crime rate can fluctuate and right now it is below 16 percent in this police reporting district. At the time that an alcoholic 01 /21 /09 Page 11 of 25 JAMUARY 21, 2009 PLA(dPJFMG COMMISSIOP! MINUTES beverage license is proposed, staff determines whether the business is located in a reporting district with a high crime rate or in an area with an overconcentration of licenses. The subject business is located in a low crime area. There are four off-sale ABC licenses allowed in this area and four licenses exist, so this request wouid be for the fifth license. CJ Amstrup, Planning Services Manager, stated for clarification, that while the crime rate fluctuates, if it goes up it doesn't jeopardize the existing PCNs that have been made in a given district. Chairman Karaki opened the public hearing. Walter Freeman, owner, representing Purple Penumbra, stated the tenant and property owner are in co~currence with all the conditions of approval, with the exception of the one that has been proposed to be added. He expressed his concerns with the proposed additional condition of approval. Chairman Karaki closed the pubiic hearing. Commissioner Buffa stated it is her understanding that the purpose of the condition being imposed is so convenience markets do not become liquor stores, and she indicated the condition being imposed is consistent with requirements for other projects. Michele Irwin, Senior Police Services Representative, stated that Alcoholic Beverage Control used to impose this additional condition on every single license. It is one of their older conditions and is not being enforced by ABC at this time. It is no longer a standard condition. Commissioner Romero asked Ms. Irwin to explain the condition limiting alcohol dispiay area. Ms. Irwin clarified that this condition limits the display of alcoholic beverages to 25 percent of the total floor space of the business. Mr. Amstrup clarified that the additional condition read into the record by staff was typically added to conditional use permits in the past, but recently has not been imposed on other projects. He explained that the condition limiting the alcoholic beverage display area may not necessarily equate to 35 percent of the receipts but it does provide a safe guard from a convenience store transitioning into a liquor store. He stated the additional condition may have proven useful in the past but in terms of fairness, there is an argument that would support not including it on this particular application. Commissioner Faessel stated he would like consistency between one applicant and another, and he expressed his concerns regarding possible actions to be taken for the subject item versus the previous action taken for Item No. 4. Commissioner Agarwal concurred with Commissioner Faessel and stated they are imposing enough conditions, and he supports omitting the proposed additional condition of approvaL Chairman Karaki concurred with Commissioner Agarwal; and Commissioners Buffa and Ramirez concurred with Commissioner Faessel. 01/21/09 Page 12 of 25 JANUARY 21, 2009 PLAMMING COMMISSIOM MIMUTES Commissioner Buffa offered a recommendation that the Planning Commission adopt the resolutions attached to the January 21, 2009 staff report approving the Categorical Exemption, Class 1 and approving Conditional Use Permit No. 2008-05375 and Public Convenience or Necessity No. 2008- 00053. Julie Hourani, Office Specialist II, announced that the resolutions passed with 7 aye votes OPPOSITIOPI: None Mark Gordon, Assistant City Attomey, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 12, 2009. DISCUSSIOPI TIME: 21 minutes (3:26 to 3:47) 01 /21 /09 Page 13 of 25 JAPIUARY 21, 2009 PLAfdNING CONIMISSIOfV MIPlUTES ITEM NO. 6 RECLASSIFICATION NO. 2008-00224 AND COPJDITIOMAL USE PERMIT NO. 2008-05383 Owner: David Seidner 375 Bristol Street, Suite 50 Costa Mesa, CA 92626 Applicant: Phillip Schwartze 31872 San Juan Creek Circie San Juan Capistrano, CA 92675 Location: 1735-1739 West Lincoln Avenue: This property is approximately 0.88 acre, having a frontage of 129 feet on the north side of West Lincol~ Avenue, approximately 120 feet west of the centerline of Euclid Way. Request to reclassify the subject property from the Transition (T) Zone to the Industrial (I) Zone and to permit a recycling processing facility. Environmental Determination: A Negative Declaration has been prepared which evaluates the potential environmental impacts of this project in accordance with the provisions of the Califomia Environmental Quality Act (CEQA). Resolution No. 2009-112 Resolution FJo. 2009-013 (Faessel) Approved VOTE: 7-0 Modified Condition No. 4 of the CUP Resolution and added a condition regarding submittal of revised site plans Project Planner. Scott Koehm skoehm a(~anaheim. net Scott Koehm, Associate Planner, provided a summary of the staff report dated January 21, 2009 along with a visual presentation. He read into the record a correction to Condition No. 4 of the Conditional Use Permit resolution to reflect the correct street name (Lincoln Avenue instead of La Palma Avenue). Chairman Karaki opened the public hearing. Phillip Schwartze, 31872 San Juan Creek Circle, San Juan Capistrano, representing °Cash for Cans", stated they read and fully understand the staff report and the correction to the condition of approval. He described the project. He understood there were some concerns about the aesthetics of the building and explained some of the changes they would like to make if the conditional use permit were approved. The changes include modifying the site plan to expand the proposed main building and reduce the square footage of the existing building adjacent to Lincoin Avenue. The modification to the proposed building would comply with setback and parking requirements. The modification to the existing buiiding would include removing the front part of the building adjacent to the street and giving it a new fagade. New landscaping would be installed between the building and the property 01 /21 /09 Page 14 of 25 JP.FIUARY 21, 2009 PLAfdNING COMIIflISSION MIIdUTES line. If the conditional use permit were approved, they would submit a revised site pian reflecting these changes. Mr. Koehm stated he did not have a chance to speak with the applicant prior to the meeting regarding the modifications to the site plan. He stated there is a hammerhead turnaround that is shown on the site plan for the use of fire and trash trucks. Expanding the proposed buiiding would encroach into that hammerhead. While staff conceptually supports the proposed modifications, the parking area and hammerhead turnaround area would need to be modified. Staff would recommend adding a condition of approval to state that a revised site plan would need to be submitted to staff to reflect the changes described by the applicant. Mr. Schwartze was in agreement. Chairman Karaki closed the public hearing. Commissioner Faessel offered a recommendation that the Planning Commission adopt the resolutions attached to the Ja~uary 21, 2009 staff report approving the Negative Declaration and approving Reclassification No. 2008-00224 and Conditional Use Permit No. 2008-05383, with a modification to Condition No. 4 to reflect the correct Lincoln Avenue street name and an additional condition of approval requiring the submittal of revised plans reflecting the changes described by the applicant. Julie Hourani, Office Specialist II, announced that the resolutio~s passed with 7 aye votes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 12, 2009. DISCUSSIOM TIME: 7 minutes (3:48 to 3:55) 01/21/09 Page 15 of 25 JANUARY 21, 2009 PLANNING CONIMISSIOfiI MINUTES ITEIIA td0. 7 CONDITIONAL USE PERIViIT MO. 2008-05363 1NITH A SETBACK VARIAfdCE Owner: Kwan-Eui Song 14145 San Antonio Drive Norwalk, CA 90650 Applicant: Byung Y. Sonn Metro A&E 2215 Venice Boulevard Los Angeles, CA 90006 Location: 2623 West Lincoln Avenue: This property is approximately 0.4 acre, having a frontage of 98 feet on the north side of Lincoln Avenue and 176 feet on the west side of New Life Way {private street). Request to expand an existing single-tenant retail building to permit a total of three u~its including an auto sound system sales and installation business with a smaller setback than required by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per Califomia Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). Resolution No. 2009-114 (Romero) Approved VOTE: 7-0 Project Planner. Elair~e Thienprasiddhi ethienCa~anaheim. net Elaine Thienprasiddhi, Associate Planner, provided a summary of the staff report dated January 21, 2009 along with a visuai presentation. Chairman Karaki opened the public hearing. Byung Y. Sonn, applicant, stated he is present to answer any questions and is in agreement with the staff report and conditions of approval. Commissioner Eastman referred to the exhibits and stated it is not clear where the sound installation tenant would be located. Mr. Sonn stated that he told the renderer to put the sign on the corner of the building to see how ik would look, but that the alarm installation portion of the business would occupy the middle tenant space. 01/21/09 Page 16 of 25 JAPIUARY 21, 2009 PLANNING COMMISSION MIfdUTES Commissioner Eastman asked if a new rendering will be submitted. Mr. Sonn stated that he would make the change to the plan. Chairman Karaki closed the public hearing. Commissioner Romero offered a recommendation that the Planning Commission adopt the resolution attached to the January 21, 2009 staff report approving the Categorical Exemption, Class 1 and Conditional Use Permit No. 2008-05363 with a setback variance. Julie Hourani, Office Specialist II, announced that the resolutions passed with 7 aye votes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 12, 2009. DISCUSSIOfd TIME: 6 minutes (3:56 to 4:02) 01/21/09 Page 17 of 25 JANUARY 21, 2009 PLAPINIMG COMMISSIOPJ MIMUTES ITEM NO. 8 REIfVSTATEMEfVT APID AMEfdDflflEfdT OF CONDITIONAL USE PERMIT NO. 3605 Resolution No. 2009-015 (TRACKING NO. CUP2008-05376) (Ramirez) Owner: Cindi Galfin PNM Properties, LLC Approved 1301 East Orangewood Avenue Anaheim, CA 92805 VOTE: 7-0 Applicant: Cindi Galfin Pick Your Part Auto Recycling 1235 South Beach Boulevard Anaheim, CA 92804 Location: 1235 South Beach Boulevard: This property is approximately 4.6 acres with a frontage of 325 feet on the west side of Beach Boulevard, a maximum depth of 603 feet, and located approximately 330 feet south of the centerline of Ball Road (Pick Your Part). Request to reinstate a previously-approved conditional use permit for an automobile recycling, dismantling, and sales facility and to amend the permit to remove the time limitation. Enviro~mental Determination: Environmental Impact Report No. 312, which was previously certified, evaluates the potential environmental impacts of this project in Project P~anner. accordance with the provisions of the Cafifornia oavid see Environmental Quality Act (CEQA). dsee ananaheim.net Dave See, Senior Planner, provided a summary of the staff report dated January 21, 2009 along with a visual presentation. Chairman Karaki opened the public hearing. Cindi Galfin, owner/applicant and Vice President of Pick Your Part Auto Recyding, stated Pick Your Part has operated under this conditional use permit since 1993 and has been in compliance since they initially obtained the permit. They provide a valuable service and have been a good neighbor to the community. She stated they are in agreement with the conditions of approval. She thanked the Planning Commission for their consideration of this request, and thanked staff for their assistance. 01 /21 /09 Page 18 of 25 JANUARY 21, 2009 PLAMtdING COMMISSION MIfVUTES Commissioner Faessel commented that he is in the area often and from the outside appearance of the operation, it appears they are doing a commendabie job. Commissioner Eastman expressed her support of this request. Chairman Karaki closed the public hearing. Commissioner Ramirez offered a recommendation that the Planning Commission adopt the resolution attached to the January 21, 2009 staff report approving the previously-certified Environmental Impact Report No. 312 and approving the Reinstatement and Amendment of Conditionai Use Permit No. 3608, without a time limitation. Julie Hourani, Office Specialist II, announced that the resolutions passed with 7 aye votes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p:m. on Thursday, February 12, 2009. DISCUSSION TIINE: 6 minutes (4:03 to 4:09) 01 /21 /09 Page 19 of 25 JANUARY 21, 2009 PLANNIPIG COMMISSION MIMUTES ITEM iVO. 9 ZONIfdG CODE AMENDMENT NO. 2008-00066 Applicant: Pianning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citvwide This is a request initiated by the City of Anaheim Planning Department to amend Chapter 18.04 (Single Family Residential Zones) of the Anaheim Municipal Code related to the permitted height of non-habitable accessory structures; and, to amend Chapters 18.38 (Supplemental Use Regulations), 18.44 (Signs), 18.62 (Administrative Reviews) and 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Anaheim Municipal Code related to temporary residential banner and future establishment sign provisions, including the creation of new wayfinding signage standards and procedures for residential developments within The Platinum Triangle. Environmental Determination: The proposed action is Categoricaliy Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities) and 3(New Construction or Conversion of Small Structures). Motion Recommending City Council Approval Motion: Eastman/Buffa Approved VOTE: 7-0 Project Planner.• Vanessa Norwood vnonvood(o)anaheim.net Jonathan Borrego, Principal Planner, provided a summary of the staff report dated January 21, 2009 along with a visual presentation. He mentioned that at the preliminary plan review session, Commissioner Faessel asked staff to provide the Commission with an exhibit illustrating the type of signs that would be allowed by this Code amendment. He provided Commission with an exhibit depicting a concept staff and the Building Industry Association have been working on for the Platinum Triangle. The sign dimensions shown on the exhibit are not necessarily what will be approved, but the exhibit depicts the type of signage that would be allowed under the code amendment. Commissioner Buffa commented that she worked with the BIA on similar sign programs and they have proven to be very effective. She stated it is a good program and it does create a unified, attractive and effective wayfinding program. 01 /21 /09 Page 20 of 25 JAPJUARY 21, 2009 PLANfdING COMMISSION MINUTES Chairman Karaki concurred with Commissioner Buffa. Chairman Karaki opened the public hearing; seeing no one present he dosed the public hearing. Commissioner Eastman offered a motion approving the Categorical Exemption, Class 1 and 3 and recommending to the City Council approval of the draft ordinance for Zo~ing Code Amendment No. 2008-00066 attached to the January 21, 2009 staff report. Commissioner Buffa seconded the motion. MOTION CARRIED. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 12, 2009. DISCUSSION TIME: 3 minutes (4;10 to 4:13) 01l21 /09 Page 21 of 25 JANUARY 21, 2009 PLANNWG COflAMISSION II~INUTES ITEM NO. 1p ZOfdIPlG CODE AMENDMEMT NO. 2008-00076 Applicant: Pianning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citvwide This is a request initiated by the City of Anaheim Planning Departme~t to amend Chapters 18.08 (Commercial Zones), 18.10 (Industrial Zone) and 18.38. (Supplemental Use Regulations) of the Anaheim Municipal Code to eliminate "Automotive - Car Sales, Retail or Wholesale - Office Use Only" as a specific land use category. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation under Section 21080, Public Resources Code. OPPOSITIOM: None DISCUSSION TIME: This item was not discussed. Continued to February 2, 2009 Motion: Faessel/Eastman VOTE: 7-0 Project Pla~ner. Vanessa Norwood vnorwoodna anaheim.net 01/21/09 Page 22 of 25 JANUARY 21, 2009 PLANfdIP1G COMMISSIOM MINUTES ITEM P10. 11 REVOCATION OF CONDITIONAL USE PERMIT NO. 1063 Resolution No. 2009-006 {TRACKING NO. CUP2008-05400) (Faessel) Owner: Charles McNees 11211 Orange Park Avenue Approved Orange, CA 92869 Applicant: City of Anaheim VpTE: 7-0 200 South Anaheim Boulevard Anaheim, CA 92805 Item No. 3 was heard Location: 1721 South Manchester Avenue: This following this item property is located at the southeast corner of Manchester Avenue and Anaheim Boulevard and is approximately 4 acres, with a frontage of approximately 561 feet on the south side of Manchester Avenue, 667 feet on the east side of Anaheim Boulevard and 154 feet on the north side of Katelia Avenue (formerly occupied by "The Boogie"). This is a City-initiated request to revoke Conditional Use Permit No. 1063 (to permit a hall for variety shows, lectures, meetings, dances, etc., with on-sale liquor beverages in an existing structure). Environmental Determination: The proposed action is Categorically Exempt (Class 21: Enforcement Actions by Regulatory Agencies) from the requirement to prepare Project Planner. additional environmental documentation under Section susan Kim 21084 of the Public Resources Code. skrm~anaheim.net Jonathan Borrego, Principal Planner, provided a summary of the staff report dated January 21, 2009 along with a visual presentation. Chairman Karaki opened the public hearing. Charles McNees, property owner, stated he is not opposing this action because he understands the City has the right to do it, as they have not had a business operating in the building for over two years. However, he stated he opposes it because his grandfather received the permit forty years ago, and it has run with the land for that time period. The business has been operating since it was 01/21 /09 Page 23 of 25 JAfdUARY 21, 2009 PLAP1NIfdG COMMIISSION MINUTES the Freeway Bowl, and the building was built in 1955. His grandfather later applied for a dance hall. He stated he is not opposing why The Boogie was closed, but just wanted to give some history for the record. Commissioner Faessel stated he remembers the Freeway Bowl, and he thanked Mr. McNees for coming today and providing some history of the property. Chairman Karaki asked Mr. McNees if he understood that the subject request, if approved, would terminate the conditional use permit which allows alcohol and that the existing permits wouid be terminated. He further stated that any new business operator would need to reapply for a new conditional use permit. Mr. McNees responded that he understood. He explained that he met with the Planning Department and was told this termination would just affect the part of the property occupied by The Boogie. He stated his initial concern was the City would require him to bring everything on the property up to current code. Since the building was abandoned, they have been working with developers to put a nice project on the property, but he did not want the expense of having to bring everything up to code. Therefore, when staff told him it was just to revoke the permit so that no one else would be able to have a bar there, that was fine with him because they are not going to rent the building again. Chairman Karaki closed the public hearing. Commissioner Faessel offered a recommendation that the Planning Commission adopt the resolution attached to the January 21, 2009 staff report approving the Categorical Exemption, Class 21 and approving the Revocation of Conditional Use Permit No. 1063. Julie Hourani, Office Specialist II, announced that the resolutions passed with 7 aye votes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 12, 2009. DISCUSSIOfd TIME: 6 minutes (2:43 to 2:49) MEETING ADJOURNED AT 4:15 P.M. TO MONDAY, FEBRUARY 2, 2009 AT 1:30 P.IIA. FOR PRELIMIMARY PLAN REVIEW 01/21/09 Page 24 of 25 JANUARY 21, 2009 PLAMNING COIIAflAISS10M MINUTES RespectFully submitted: Eleanor Morris Secretary Received and approved by the Planning Commission on March 2, 2009. 01/21/09 Page 25 of 25