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Minutes-PC 2010/02/01City of Anaheim Planning Commission Minutes Monday,February 1, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :ChairmanPro-Tempore: Stephen Faessel Peter Agarwal, Todd Ament,Kelly Buffa, Joseph Karaki,Victoria Ramirez Commissioners Absent :Panky Romero Staff Present : CJ Amstrup, Planning Services ManagerRaul Garcia, Principal Civil Engineer David See, Senior PlannerDavid Kennedy, Associate Transportation Planner Mark Gordon, Assistant City AttorneyGrace Medina, Senior Secretary Susan Kim, Senior Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m. onThursday,January 28, 2009, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Call to Order-3:30 p.m. Audience Attendance: 4 Pledge of AllegiancebyCommissioner Buffa Public Comments Consent Calendar Public Hearing Items Adjournment FEBRUARY 1, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda -3:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutes (Buffa/Agarwal) Receiving and approving the Minutes from the Planning Approved Commission Meeting of January 4, 2009. VOTE: 6-0 Commissioners Agarwal, Ament, Buffa, Faessel, Karakiand Ramirez voted yes. Chairman Romero was absent. Reports and Recommendations ITEM NO. 1B CONDITIONAL USE PERMIT NO. 2009-05465A ANDMotion VARIANCE NO. 2009-04804A (DEV2009-00048A) (Buffa/Agarwal) Owner: Ronald J. Chester Approved JPMorgan Chase Bank 1111Polaris Parkway, Suite 1E Mail Code OH1-0241 VOTE: 6-0 Columbus, OH 43240 Commissioners Agarwal, Ament, Applicant: Tasia KalliesBuffa, Faessel, Karakiand Burnham NationwideRamirez votedyes. 111 West Washington Street, Suite 450Chairman Romero was absent. Chicago, IL 60602 Location:555 North State College Boulevard The applicant requestsreview of final elevation and Project Planner: Dave See landscaping plans for a previously-approved drive through dsee@anaheim.net bank. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines -Class 2 (Replacement or Reconstruction). 02/01/10 Page 2of 7 FEBRUARY 1, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2009-05471Resolution No. 2010-003 (DEV2009-00094) (Ament) Owner: Jodi Adamo Approved The Pilates Body of Orange County 6525 East Camino Vista,#3 Anaheim, CA 92807 VOTE: 6-0 Applicant: Adam SurnowCommissioners Agarwal, Ament, Seligman Western EnterprisesBuffa, Faessel, Karakiand One Town Square, Suite 1913Ramirez voted yes. Southfield, MI 48076Chairman Romero was absent. Location:5100 East La Palma Avenue (Suite 117) The applicant proposes to establish a fitness studio within Project Planner: an existing multi-tenant commercialand industrial business Dave See park.dsee@anaheim.net Environmental Determination: The proposed project is Categorically Exempt from the need to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines -Class 1(Existing Facilities). Dave See, Senior Planner, provided a summary of the staff report dated February 1, 2010,along with a visual presentation. Chairman Pro-Tempore Faessel opened the public hearing. Jodi Adamo,applicant, stated she has reviewed the staff report and resolution and is in agreement. Chairman Pro-Tempore Faessel asked if anyone else was present to speak on the item; seeing no oneindicating to speak, closed the public hearing. Commissioner Agarwal asked if there is adequate lighting on site. Mr. See responded he didn’t visit the site at night and is unaware of the lighting. He noted there are both industrial and commercial businesses within the center as there is a conditional use permit which allows both uses. There is some activity during the nighttime because of the commercial businesses on the site. 02/01/10 Page 3of 7 FEBRUARY 1, 2010 PLANNING COMMISSION MINUTES Commissioner Karaki responded his office is in close proximity to the subject site; therefore, he knows the center very well and he indicated the site is well lit at night. Commissioner Ramirez referred to the parking for the site and asked for clarification why a parking variance was not needed. Mr. See responded currently the existing site complies with code, and the subject use would not increase the parking requirement for the complex. He said fitness studios with less than 4,000 square feet require 5.5 spaces per 1,000 square feet, which is the same parking requirement as the previous commercial business that occupied the same tenantspace. Commissioner Amentoffered arecommendation that the Planning Commission adopt the resolution attached to the February 1, 2010staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2009-05471. Grace Medina, Senior Secretary announced that the motionpassed with six yes votes.Chairman Pro-Tempore Faesseland Commissioners Agarwal, Ament, Buffa, Karakiand Ramirezvoted yes. ChairmanRomerowas absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, February 11, 2010. DISCUSSION TIME :6minutes (3:33to 3:39) 02/01/10 Page 4of 7 FEBRUARY 1, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 ZONING CODE AMENDMENT NO. 2009-00087*Motion (DEV2009-00093) (Agarwal/Faessel) Applicant: City of Anaheim Approved Location:Citywide VOTE: 6-0 This is a City-initiated request to add a new Section 18.38.135 to Title 18 (Zoning Code) establishing Commissioners Agarwal, Ament, requirements pertaining to a Festival Permit; a new type of Buffa, Faessel, Karaki and permit intended to regulate and coordinate permits for Ramirez voted yes. events or other functions expected to draw a total of thirty-Chairman Romero was absent. five thousand or more persons at two or more City venues. Environmental Determination: The proposed action is Project Planner: Susan Kim Categorically Exempt from the requirement to prepare skim@anaheim.net additional environmental documentation per Section 21080 of the California Public Resources Code (Statutory Exemption). *Advertised as Zoning Code Amendment No. 2009-00093 Susan Kim, Senior Planner, provided a summary of the staff report dated February 1, 2010,along with a visual presentation. Commissioner Agarwal stated at the last meeting it was indicated that there was some input from the major league baseball committee and he asked what changes were made. Ms. Kim responded there were very minor modifications to the sign permit which originally it was envisioned as 75% of the signs had to be dedicated to the event and 25% to the sponsor and some flexibility was allowed subject to the approval of the Planning Director; there were some minor adjustments to the liability information which is in the ordinance; and the mobile billboards were added to ensure those were prohibited in the festival district. Commissioner Ramirez referred to the language pertaining to signs for charitable organizations and she asked for further information. Mark Gordon, Assistant City Attorney, responded when there are temporarily banners placed generally there is a requirement that the festival logo comprise of a minimum of 75% of the total area of the banner and that thesponsor name or logo shall comprise no more than 25% of the banner. Those are the general percentages, but the Planning Director would have the ability to alter those percentages and under the new language if the festival permit holder decided to substitute out a non- commercial message for a commercial message on the banner, those restrictions would not apply so that the banner could be dedicated to a non-commercial purpose without the logo being displayed on the banner or the size restrictions applying to it and generally there is a provision in the same section 02/01/10 Page 5of 7 FEBRUARY 1, 2010 PLANNING COMMISSION MINUTES that would allow the substitution of non commercial messages and that is to avoid first amendment issues. Chairman Pro-Tempore Faessel asked for an example. Mr. Gordon responded they could substitute a banner that expresses sponsorship by a charitable institution or it could be a public service message. He added that he is not aware of any examples of such non-commercial banners being used in St. Louis from the pictures he has seen it mostly portrayed the major league all-star logo as well as the sponsorship information on banners. He hasn’t seen any banners where it was solely dedicated to non-commercial messages. Chairman Pro-Tempore Faessel opened the public hearing; seeing no oneindicatingto speak, closed the public hearing. Chairman Pro-Tempore Faessel relayed concerns regarding delineating the name Honda Center as the name may possibly change in the future. Mr. Gordon responded they are conscientious of the naming rights that have beenextended to Honda in association with the use of the building, and because there is an agreement that is the present name of the building that is recognized by the City of Anaheim. Chairman Pro-Tempore Faessel referred to the language in the staff reportstating “to qualify for festival permit, the festival must meet certain criteria, must have at least 35,000 people and involve two of the City venues”. He pointed out that the recent NAMM event at the convention center had approximately 87,000 people, and asked in the future is it possible that the NAMM event would fall under these requirements. Mr. Gordon responded as currently written he would say no, because they need more than one City facility even though it may draw more than 35,000 people to the area and it may generate a hotel block of greater than 500 rooms within the City. Based on his involvement it was intended to be restricted to more than two facilities and of a large scale event that takes place over more than one day, as NAMM does, and utilizing different areas of the City. They have a different enforcement dynamic when dealing with a large festival that is spread out over a larger area and utilizing different city venues then they would when the event is concentrated at the convention center as it is staffed and equipped to handle a large event and is a much easier event to control, and they do control those events under agreements with the event promoter. Chairman Pro-Tempore Faessel referred to the language “two or more public event days”, and he asked for clarification regarding the language. Mr. Gordon responded it doesn’t have to be consecutive days, just two or more. It doesn’t have to use two different facilities occurring concurrently or on the same day. CJ Amstrup, Planning Services Manager, stated as long as the events are being held within venues designed to hold the events they would not be subject to the permit. They are not inadvertently adding a requirement to any sort of group. 02/01/10 Page 6of 7 FEBRUARY 1, 2010 PLANNING COMMISSION MINUTES Commissioner Agarwaloffered a motion determiningthat theaction is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code and recommendingto the City Council approval of Zoning Code Amendment No. 2009-00087. Grace Medina, Senior Secretary announced that the motion passed with six yes votes.Chairman Pro-Tempore Faesseland Commissioners Agarwal, Ament, Buffa, Karakiand Ramirezvoted yes. ChairmanRomerowas absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, February 11, 2010. DISCUSSION TIME :17minutes (3:39to 3:56) MEETING ADJOURNED AT 3:57P.M. TO WEDNESDAY, FEBRUARY 17, 2010AT 3:30P.M. Respectfully submitted, Grace Medina Senior Secretary Received and approved by the Planning Commission on February 17, 2010. 02/01/10 Page 7of 7