Minutes-PC 2009/04/27City of Anaheim
Planning Commission
Minutes
Monday,April 27, 2009
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Commissioners Present
:Chairman: Joseph Karaki
Peter Agarwal, Kelly Buffa, Gail Eastman,
Stephen Faessel,Victoria Ramirez, Panky Romero
Commissioners Absent
:None
Staff Present
:
CJ Amstrup, Planning Services ManagerVanessa Norwood, Associate Planner
Linda Johnson,Principal PlannerRaul Garcia,Principal CivilEngineer
Mark Gordon, Assistant City AttorneyGrace Medina, Senior Secretary
David See, Senior Planner
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at3:00 p.m.
onWednesday,April 23, 2009, inside the display case located in the foyer of the Council Chamber,
and also in the outside display kiosk.
Published:Anaheim Bulletin Newspaper onThursday, April 9,2009
Call to Order-2:30 p.m.
Attendance: 7
Pledge of AllegiancebyCommissioner Agarwal
Public Comments
Consent Calendar
Public Hearing Items
Adjournment
APRIL 27, 2009
PLANNING COMMISSION MINUTES
Anaheim Planning Commission Agenda -2:30 P.M.
Public Comments: None
Minutes
ITEM 1A
Motionto approve minutes
Receiving and approving the Minutes from the Planning
Commission Meeting of April 13, 2009.(Eastman/Faessel)
Approved
VOTE: 6-0
Chairman Karaki abstained
04/27/09
211
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
Public Hearing Items:
ITEM NO. 2
VARIANCE NO. 2009-04778Motion to continuethis
item to May 27, 2009
Owner:
Joey Santos(Eastman/Faessel)
132 S Eucalyptus Drive
Approved
Anaheim,CA92808
Applicant:VOTE: 7-0
EJB Designs
3730 Tovar Way
Chino Hills, CA 91709
Location:132 South Eucalyptus Drive:
This property is
located approximately 174 feet south of Autry Drive.
The applicant proposes to retain an existing two-story detached
Project Planner:
Della Herrick
racquetball court with a side yard setback less than required by
dherrick@anaheim.net
code.
Environmental Determination: The proposedproject is
Categorically Exempt from the requirement to prepare
environmental documentation per California Environmental
Quality Act (CEQA) Guidelines, Class 1(Existing Facilities).
OPPOSITION:
None.
DISCUSSION TIME
:This item was not discussed.
04/27/09
311
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
ITEM NO. 3
RECLASSIFICATION NO. 2008-00219Resolution No. 2009-050
(Agarwal)
Owner:
Anaheim Redevelopment Agency
Approved
201 South Anaheim Boulevard
Anaheim, CA 92805
VOTE: 7-0
Applicant:
Dr. Amit Desai
SADI, LLC
5939 Monterey Road
Los Angeles, CA 90042
Location:2125 South Manchester Avenue:
This property
is located approximately 279 feet west of the
intersection of Orangewood Avenue and
Manchester Avenue.
The applicant proposes to reclassify the property from the
Project Planner:
Industrial (I) zone to the Multiple-Family Residential (RM-4)
David See
dsee@anaheim.net
zone to allow for the future construction of a 119-unit affordable
apartment complex.
Environmental Determination: A Negative Declaration has been
prepared to evaluate the potential environmental impacts of this
project in accordance with the provisions of the California
Environmental Quality Act (CEQA).
David See, Senior Planner, provided a summary of the staff report dated April 27, 2009 along with a
visual presentation.
Commissioner Romero asked staff whether construction of the apartment project would take place all
at once or in phases. He also asked how many parcels would be created as part of the apartment
project.
Mr. See responded the apartment project wouldinclude threeparcels with separate assessor’s parcel
numbers. One parcel would include the parking level. The other two parcels would include the
residential units above thepodium decks.The project would be constructed as a single phase.
Chairman Karaki opened the public hearing.
Luis Torrico, Redevelopment Project Manager, provided some background on the project. He stated
the Redevelopment Agency has been assembling these properties since 2004with the intent of
providingadditional affordable units.
Chairman Karaki asked staff how this site qualifies for low income housing. He also asked if the City
is trying to provide for a certain number of affordable units per year.
04/27/09
411
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
Mr. Torrico responded that the Strategic Plan adopted by the City Council calls for thecreation of
1,200 affordable units over a four year period. At this time, there are a total of 1,328 affordable units
that have either been constructed or approved. The Redevelopment Agency will control this site and
enter into a ground lease with the developer for a 55 year term and the units must remain affordable
during that term.
Chairman Karaki asked if a privatedeveloper can qualify for this program.
Mr. Torrico responded yes.
Commissioner Romero asked staff to describe the source of this funding.
Mr. Torrico responded the funding comes from the State through a competitive application process.
Commissioner Romero asked if the Federal Stimulus Plan provided affordable housing funds.
Mr. Torrico responded that federal laws have been passed to support these affordable housing
programs by increasing the equity in a project.
Commissioner Ramirezasked if the apartment project was proposed in twophases for funding
purposes. She also asked when construction would commence.
Mr. Torrico responded the developer intended to apply for funding in June. The two phases were for
funding purposes only. All phases wouldbe constructed concurrently.
Chairman Karaki closed the public hearing.
Commissioner Agarwaloffered a recommendation that the Planning Commission adopt the resolution
attached to the April 27, 2009 staff report, determining that a Negative Declaration is the appropriate
environmental documentation for this request and approving Reclassification No. 2008-00219.
Grace Medina, Senior Secretary announced that the resolution passed with sevenyes votes.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, May 19, 2009.
DISCUSSION TIME
:11minutes (2:37 p.m. to 2:48 p.m.)
04/27/09
511
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
ITEM NO. 4
VARIANCE NO. 2009-04772Resolution No. 2009-051
(Buffa)
Owner:
James A.Wooley Tr
Approved
6203 EastCliffway
Orange, CA92869-6002
VOTE: 7-0
Applicant:
Nicky Marble Van Dam
Tim Petersen Associates
2800 28th Street, Suite 171
Santa Monica, CA90405
Location:1811 East Center Street:
This property is
approximately .4acres, having a frontage of 122
feet on the north side of Center Street and
approximately 92feet west of the centerline of
Coffman Street.
The applicant requests to convert an existing office building into
Project Planner:
a single use medical officewith fewer parking spaces than
Vanessa Norwood
vnorwood@anaheim.net
required by Code.
Environmental Determination: The proposed project is
Categorically Exempt from the requirement to prepare
environmental documentation per California Environmental
Quality Act (CEQA) Guidelines, Class 1(Existing Facilities).
Vanessa Norwood, Associate Planner, provided a summary of the staff report dated April 27, 2009
along with a visual presentation.She stateda letter from a resident on Evelyn Drive had been
received stating that overflow parking for this building hadimpacted the neighborhood.Since the
proposed medical office hadbeen vacant for some time, staff believedthese concerns may be related
to the office and medical buildings to the westof this property.Several unsuccessful attempts have
been made to speak to the resident.
Commissioner Faessel asked staffto identify the resident’s home on the aerial map in the visual
presentation.
Ms. Norwood identified the resident’s home on the aerial map.
Chairman Karaki opened the public hearing.
th
Tim Peterson, 2800 28Street, Santa Monica, stated the building is currently an office building. He
did not believe the proposed medical office use would create any off-site parking impacts. He also
had an agreement with the adjacent church for additional parking; however, he did not anticipate that
additional parking spaces would be needed.
04/27/09
611
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
Commissioner Ramirez asked if the employees wouldbe required to park on the property in assigned
parking spaces.
Mr. Peterson responded that employees wouldpark on the site, but he did not think the spaces would
need to be assigned.
Chairman Karaki closed the public hearing.
Commissioner Faessel asked staff whether a parking variance would be needed in the future if the
200-square foot telecommunications facility area were changed to another use.
Ms. Norwood responded this areawas counted in the required number of parking spaces. If this area
were to be occupied by a use requiring a higher number of parking spaces than listed in the parking
study, a variance for parking would be needed.
CJ Amstrup, Planning Services Manager, stated that Condition No. 2 of the draft resolution
addressedthis concern.
Commissioner Buffaoffered a recommendation that the Planning Commission adopt the resolution
attached to the April 27, 2009 staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approving Variance No. 2009-04772.
Grace Medina, Senior Secretary announced that the resolution passed with seven yesvotes.
OPPOSITION:
No testimony was provided at the hearing in opposition to the project.
One letter was submitted with concerns about parking.
IN SUPPORT:
One person spoke in favor of the subject request.
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday,May 19, 2009.
DISCUSSION TIME
:10minutes (2:48p.m. to2:58 p.m.)
04/27/09
711
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
ITEM NO. 5
AMENDMENT TO CONDITIONAL USE PERMITResolution No. 2009-052
NO. 2003-04813
(Buffa)
(Tracking No. CUP2009-05409)
Approved
Owner:
Michael Daskalakis
VOTE: 6-1
P.O. Box 3880
Chairman Karaki and
Anaheim, CA92803
Commissioners Agarwal,
Applicant:Buffa, Eastman, Faessel
George Behnam
and Romero voted yes.
1150 EastOrangethorpe Avenue, #109
Commissioner Ramirez
Placentia, CA92870
voted no.
Location:2790 through 2798 West Ball Road:
This
property is located on the southeast corner of Ball
Road and Dale Avenue and is approximately 0.5-
acres with frontages of 147 feet on the south side
of Ball Road and 146 feet on the east side of Dale
Avenue.
The applicant requests to amend a condition of approval
Project Planner:
Vanessa Norwood
pertaining to the maximum number of permitted retail units.
vnorwood@anaheim.net
Environmental Determination: The proposed project is
Categorically Exempt from the requirement to prepare
environmental documentation per California Environmental
Quality Act (CEQA) Guidelines, Class 1(Existing Facilities).
Vanessa Norwood, Associate Planner, provided a summary of the staff report dated April 27, 2009
along with a visual presentation.
Commissioner Ramirez asked whether the applicant was marketing this retail space for specific types
of uses.
Ms. Norwood responded that she did not know and the applicant wasavailable to respond to this
question.
Chairman Karaki opened the public hearing.
George Behnam, 1150 East Orangethorpe Ave, #109, Placentia, stated hehad reviewed the
conditions of approval andwas available to respond to questions. He stated the applicant is looking
for uses that will be compatible with theexisting tenants.
Commissioner Buffa asked staff why conditionslimiting the number of tenant spaces had been placed
on commercial centers.
04/27/09
811
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
CJ Amstrup, Planning Services Manager,responded the intent of requiring a conditional use permit
for a commercial center was to create a specific design scheme and address maintenance issues for
a property. Staff could not find a particular reason for the limitation on the number of tenant spaces
for this commercial building. Staffislooking at changing the requirements for this type of center and
whether we would recommend this type of conditional use permit in the future.
Chairman Karaki closed the public hearing.
Commissioner Ramirez stated concerns about an overabundance of shopping centers in the vicinity
of this center. She stated several of these centers weredilapidated.She stated she could not
support this request as the center looks rundown and dilapidated. She did not think adding additional
tenant spaces would helpgiven the number of vacant tenant spaces in the area.
Commissioner Karaki agreed there werea lot of vacant tenant spacesin this area.
Commissioner Buffa stated at the time she joined the Commission, staffreported there wasone
million square feet of underutilized commercial spacein West Anaheim. The goal at the time was to
consolidate the smaller sites and rezone to the uses designated on the General Plan. She recalled
when this center was approved, the Commission determined this was a reasonably busy corner and
thought it was the right place for a commercial center.
Commissioner Eastmanstated in reference to Mr. Amstrup’s comments, that property maintenance
should be controlled by standards. She stated there was a feeling that more commercial square
footage was not needed in this area. She hasrepeatedly reportedgraffiti on this property. She
statedthe owner should take more pride in this center and that might attract more tenants.
Commissioner Buffaoffered a recommendation that the Planning Commission adopt the resolution
attached to the April 27, 2009 staff report, determining that a Class 1 Categorical Exemption is the
appropriate environmental documentation for this request and approvingan amendment to
Conditional Use Permit No. 2003-04813.She stated she did not see any benefit in the City regulating
the number of tenant spaces in a commercial center.She also stated the Commission sharedthe
concernsheard regarding maintenance standards and not using code enforcement resources to
maintain properties.
Grace Medina, Senior Secretary announced the resolution passedwith six yes votes and one no
vote.Chairman Karaki and Commissioners Agarwal, Buffa, Eastman, Faessel and Romero voted
yes.Commissioner Ramirez voted no.
OPPOSITION:
None
IN SUPPORT:
Oneperson spoke in favor of the subject request.
Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on
Tuesday, May 19, 2009.
DISCUSSION TIME
:10minutes (2:58 p.m.to 3:09 p.m.)
04/27/09
911
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
ITEM NO. 6
ZONING CODE AMENDMENT NO. 2009-00079Motion to continue and
readvertise this item to
Applicant:a meeting date to be
Planning Department
determined
City of Anaheim
200 South Anaheim Boulevard(Romero/Eastman)
Anaheim, CA 92805
Approved
Location:Citywide
VOTE: 7-0
Request to amend Chapter 1.12 (Procedures); Chapter 14.60
(Transportation Demand); Chapter 17.08 (Subdivisions); Chapter
18.18 (Scenic Corridor (SC) Overlay Zone); Chapter 18.24 (South
Anaheim Boulevard Corridor (SABC) Overlay Zone); Chapter 18.36
Project Planner:
Vanessa Norwood
(Types of Uses); Chapter 18.38 (Supplemental Use Regulations);
vnorwood@anaheim.net
Chapter 18.42 (Parking and Loading); Chapter 18.44 (Signs);
Chapter 18.46 (Landscaping and Screening); Chapter 18.56
(Nonconformities); Chapter 18.60 (Procedures); Chapter 18.62
(Administrative Reviews); Chapter 18.64 (Area Development Plans);
Chapter 18.66 (Conditional Use Permits); Chapter 18.74 (Variances);
Chapter 18.92 (Definitions);Chapter 18.114(Disneyland Resort
Specific Plan No.92-1); Chapter 18.116(Anaheim Resort Specific
Plan No.92-2); Chapter 18.118(Hotel Circle Specific Plan No.93-1);
pertaining to Zoning Administrator authority, drought tolerant
landscaping provisions, freestanding sign provisions within the
Scenic Corridor (SC) Overlay Zone and approval/appeal procedures
for various zoning actions.
Environmental Determination: The proposed action is exempt from
the California Environmental Quality Act (CEQA) under Section
21080 of the Public Resources Code.
This item was continued from the March 16, 2009, March 30, 2009
and April 13, 2009 Planning Commission meetings.
OPPOSITION:
None
DISCUSSION TIME
:This item was not discussed.
04/27/09
1011
Page of
APRIL 27, 2009
PLANNING COMMISSION MINUTES
ITEM NO. 7
ZONING CODE AMENDMENT NO. 2009-00078Motion to continuethis
item to May 11,2009
Applicant:
Christiane Dussa(Eastman/Agarwal)
DMJM
Approved
999 Towne and Country
Orange, CA 92868
VOTE: 7-0
Location:Citywide
The applicant proposes an amendment toTitle 18 of the
Project Planner:
Elaine Thienprasiddhi
Anaheim Municipal Code to allow properties larger than five
ethien@anaheim.net
acres to display up to four flags or banners,includinga flag for
non-fraternal organizations.
Environmental Determination:
The proposed action is
categorically exempt from the requirement to prepare additional
environmental documentation per California Environmental
Quality Act (CEQA) Guidelines, Class 4 (Minor Alterations to
Land).
This item was continued from the March 30, 2009 Planning
Commission meeting.
OPPOSITION:
None
DISCUSSION TIME
:This item was not discussed.
MEETING ADJOURNED AT 3:17 P.M.
TO MONDAY, MAY 11, 2009AT 2:30P.M.
Respectfully submitted,
Grace Medina
Senior Secretary
Received and approved by thePlanning Commission on May 11, 2009.
04/27/09
1111
Page of