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Minutes-PC 2009/07/20City of Anaheim Planning Commission Minutes Monday,July 20, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Joseph Karaki Peter Agarwal, Todd Ament, Kelly Buffa, Stephen Faessel,Victoria Ramirez, Panky Romero Commissioners Absent :None Staff Present : CJ Amstrup, Planning Services ManagerDella Herrick, Associate Planner Ted White, Senior PlannerRaul Garcia,Principal CivilEngineer Mark Gordon, Assistant City AttorneyDavid Kennedy, Associate Transportation Planner Bryn Morely, Deputy City Attorney IIIGrace Medina, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at5:30 p.m. onWednesday,July 15, 2009, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Call to Order-2:30 p.m. Attendance: 3 Pledge of AllegiancebyCommissioner Ament Public Comments Consent Calendar Public Hearing Items Appointments: Planning Commission Chairman -Panky Romero Chairman Pro-Tempore-Stephen Faessel Adjournment JULY 20, 2009 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda -2:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutes (Agarwal/Faessel) Receiving and approving the Minutes from the Planning Approved Commission Meeting of June 22, 2009. VOTE: 6-0 Chairman Karaki and Commissioners Agarwal, Buffa, Faessel, Ramirez and Romero voted yes. Commissioner Ament abstained. ITEM NO. 1BApproved continuance to August 3, 2009 Receivingand approving the Minutes from the Planning (Agarwal/Faessel) Commission Meeting of July 8, 2009. VOTE: 7-0 Chairman Karaki and Commissioners Agarwal, Ament, Buffa, Faessel, Ramirezand Romero voted yes. 07/20/09 Page 2of 7 JULY 20, 2009 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2009-05427Resolution No. 2009-069 (Buffa) Owner and Charlie Yoon Applicant: Bel Air Enterprises Approved 20101 SW Birch St., #130A Newport Beach, CA 92660 Location:2875 West Lincoln AvenueVOTE: 7-0 Chairman Karaki and The applicant proposes a billiard hall.Commissioners Agarwal, Ament, Buffa, Faessel, Ramirez and Environmental Determination: The proposed action is Romero voted yes. Categorically Exempt from the requirement to prepare additional environmental documentation per California Project Planner: Environmental Quality Act (CEQA) Guidelines, Class 1 Della Herrick (Existing Facilities). dherrick@anaheim.net Della Herrick, Associate Planner, provided a summary of the staff report dated July 20, 2009,along with a visual presentation. Commissioner Faessel asked staff if they had received any written communication from the neighborhood. Ms. Herrick responded no. Chairman Karaki opened the public hearing. Charlie Yoon, 2875 West Lincoln Avenue, Anaheim, the applicant, said he was available to answer any questions. Chairman Karaki closed the public hearing. Commissioner Buffa offered a recommendation that the Planning Commission adopt the resolution attached to the July 20, 2009,staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request andapproving Conditional Use Permit No. 2009-05427. Grace Medina, Senior Secretary,announced that the resolution passed with seven yes votes. Chairman Karaki and Commissioners Agarwal, Ament, Buffa, Faessel, Ramirez and Romero voted yes. 07/20/09 Page 3of 7 JULY 20, 2009 PLANNING COMMISSION MINUTES OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 11, 2009. DISCUSSION TIME :5 minutes (2:31to 2:36) 07/20/09 Page 4of 7 JULY 20, 2009 PLANNING COMMISSION MINUTES ITEM NO. 3 AMENDMENT AND REINSTATEMENT OF Resolution No. 2009-070 CONDITIONAL USE PERMIT NO.3265 (Agarwal) (TRACKING NO. CUP2009-05439) Owner andApproved Mission Community Church Applicant: 1250 North Red Gum Street Anaheim, CA 92806 VOTE: 7-0 Location:1250 North Red Gum Street Chairman Karaki and Commissioners Agarwal, Ament, The applicant requests reinstatement of this permit by the Buffa, Faessel, Ramirez and modification or deletion of a condition of approval pertaining Romero voted yes. to a time limitation (approvedon April 9, 2004 to expire on April 9, 2009) to retain an existing church. Environmental Determination :A Negative Declaration, Project Planner: Della Herrick which was previously-approved, has been determined to dherrick@anaheim.net serve as the appropriate environmental documentation for this project inaccordance with the provisions of the California Environmental Quality Act (CEQA). Della Herrick, Associate Planner, provided a summary of the staff report dated July 20, 2009,along with a visual presentation. Ms. Herrick also provided the Planning Commission with a piece of correspondence which was received in opposition to the request. Chairman Karaki opened the public hearing. Jae Park, 1250 North Red Gum Street, Anaheim, representing the Mission Community Church, stated that during the last five years, there had been no changes to the property in the immediate vicinity and they had complied with all the conditions of the permit. He saidthey did not have any plans to expand or alter the existing facility. He requested the Planning Commissiontoreinstate their permit with no time limitations because a public hearing every five years was a costly burden and time consuming. Chairman Karakiclosed the public hearing. Commissioner Faessel commented that for nineteen years, this church had operated without any neighborhood issues. He said he was surprised that the Planning Commission did not suggest the time limitation be deleted the last time they were up for reinstatement. That would have saved the church the cost of having to appear before the Commission again. Commissioner Agarwal offered a recommendation that the Planning Commission adopt the resolution attached to the July 20, 2009,staff report, determining that the previously-approvedNegative Declarationis the appropriate environmental documentation for this request and approving the amendment and reinstatement of Conditional Use Permit No. 3265. 07/20/09 Page 5of 7 JULY 20, 2009 PLANNING COMMISSION MINUTES Grace Medina, Senior Secretary,announced that the resolution passed with seven yes votes. Chairman Karaki andCommissioners Agarwal, Ament, Buffa, Faessel, Ramirez and Romero voted yes. OPPOSITION: One piece of correspondence was received in opposition to the subject request. Bryn Morely, DeputyCity Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 11, 2009. DISCUSSION TIME :4minutes (2:36to 2:40) 07/20/09 Page 6of 7 JULY 20, 2009 PLANNING COMMISSION MINUTES Planning Commission Appointments: Chairman Karaki offered a motion, seconded by Commissioner Agarwal,to appoint Commissioner Panky Romero as Commission Chairman for 2009/2010. UNANIMOUSLY APPROVED(Vote: 7-0) Commissioner Agarwal offered a motion, seconded by ChairmanRomero,to appoint Commissioner Stephen Faessel as Commission Chairman Pro-Tempore for 2009/2010. UNANIMOUSLY APPROVED(Vote: 7-0) Respectfully submitted, Grace Medina Senior Secretary Received and approved by the Planning Commission on August 3, 2009. MEETING ADJOURNED AT2:55P.M. TO MONDAY, AUGUST 3, 2009AT 2:30P.M. 07/20/09 Page 7of 7