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Minutes-PC 2010/05/10City of Anaheim Planning Commission Minutes Monday,May 10, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Panky Romero Peter Agarwal, Todd Ament, Stephen Faessel, Victoria Ramirez Commissioners Absent :Kelly Buffa and Joseph Karaki Staff Present : CJ Amstrup, Planning Services ManagerAbel Avalos, Redevelopment Manager Jonathan Borrego,Principal PlannerLaura Alcala,Senior Project Manager Mark Gordon, Assistant City AttorneyMichele Irwin, Senior Police Services Representative David See, Senior PlannerRaul Garcia, Principal Civil Engineer John White,Deputy Fire MarshalDavid Kennedy, Associate Transportation Planner Kerry Kemp,Redevelopment ManagerEleanor Morris, Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m. onWednesday,May 5, 2010, 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 29,2010 Call to Order-3:30 p.m. Audience Attendance: 13 Pledge of AllegiancebyCommissioner Agarwal Public Comments Consent Calendar Public Hearing Items Workshopon planned development of the “Packing House Block” (presented by CommunityDevelopment Department staff) Adjournment MAY 10, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda -3:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutes (Agarwal/Ament) Receiving and approving the Minutes from the Planning Approved Commission Meeting of April 12, 2010. VOTE: 5-0 Continued from the April 26, 2010 Planning Commission Meeting. Chairman Romero and Commissioners Agarwal, Ament, Faessel and Ramirez voted yes. Commissioners Buffa and Karaki were absent. 05/10/10 Page 2of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2004-04952C Resolution No. 2010-031 (DEV2010-00050) (Agarwal) Owner: William Taormina Approved Clean City Inc. 128 W. Sycamore Street Anaheim, CA 92805 VOTE: 5-0 Applicant: Steve Elkins Chairman Romero and Commissioners Agarwal, Ament, Ember Cafe and Music Club Faessel and Ramirez voted yes. 401 N. Anaheim Boulevard Commissioners Buffa and Karaki Anaheim, CA 92805 were absent. Location:401 North Anaheim Boulevard The applicant proposes to amend a previously-approved Project Planner: conditional use permit to add a patio to an existing public David See dance hall/restaurant and proposes to modify conditions of dsee@anaheim.net approval regarding food service, age restrictions and the service of alcoholic beverages within the patio areas. 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). Dave See,Senior Planner, provided a summary of the staff report dated May 10, 2010,along with a visual presentation.He said the applicant requests todelete four conditions of approval pertaining to food service age restrictions and the service of alcoholic beverages within the patio areas. The Police Department submitted a memorandum stating that police officers responded to 54 calls for service lastyear at the subject location, and the property is located with a high crime rate which is 208% above the City average. The Police Department recommends partial approval of the requested amendment, and recommends deletion of Condition No. 32 in the resolution from 2008 pertaining to age restrictions. He said Condition No. 43 pertaining to alcohol use on the patio is acceptable, provided that the applicant adheres to a proposed security plan that would prevent noise disturbances in the area and ensure thatminors do not consume alcoholic beverages on the premises. Furthermore, the Police Department staff does not oppose the deletion of Condition No. 10 requiring to the use of the second-story portion of the building as a restaurant. He said the applicant has withdrawn their request to delete Condition No. 13 which establishes a minimum required percentage of food sales which is the 60% versus 40% food and alcoholic beverage sales. He noted that,based on this withdrawal,staff provided the Commission witha revised resolution. Furthermore, staff 05/10/10 Page 3of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES received two letters supporting the subject requestfrom Anaheim Colony residents which havebeen provided to the Commission. Chairman Romeroopened the public hearing. Greg McCafferty, 1001 N. Anaheim Boulevard, Anaheim, agent for the applicant, said they reviewed the conditions of approval andwerein agreementwith the staff report, including their request to withdraw the requested deletionof Condition No. 13. Chairman Romero asked if anyone was present to speak on the item, seeing no other persons indicating to speak, he closed the public hearing. Commissioner Agarwal referred to the 40% requirement and asked if that is a restriction by the Alcoholic Beverage Control (ABC) or City of Anaheim. Michele Irwin,Senior Police Services Representative, responded it is an ABC restriction. Commissioner Faessel said he has concerns regarding parking on Adele Street,but according to correspondence received by the Anaheim Colony residents,it appears thatEmber Café and Music Club is a good neighbor. Chairman Romero responded that he has spoken to residents in the surrounding area and they are very supportive of the subject business. Commissioner Ramirez referred to the 40% requirement and asked if ABC requires that the condition be added. Ms. Irwin responded yes, that is one of ABC standard regulations for a restaurant. Commissioner Ramirez asked how often it isenforced. Ms. Irwin responded it is used more as a tool in case the business becomes a problemand an accountant can be asked to verify their books. Commissioner Agarwaloffered a recommendation that the Planning Commission adopt the resolution attached to the May 10,2010 staff report, determining that aClass 1 Categorical Exemption is the appropriate environmental documentation for this request and approvinganamendment to Conditional Use Permit No. 2004-04952C(DEV2010-00050), with the exception of deletion of Condition No. 13pertaining to minimum percentage of food sales. Eleanor Morris,Secretaryannounced that the resolution passedwith five yes votes.Chairman Romero and Commissioners Agarwal, Ament, Faessel and Ramirezvoted yes. CommissionersBuffa and Karakiwereabsent. 05/10/10 Page 4of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES OPPOSITION: None IN SUPPORT: Two pieces of correspondence in favor of the requestwere received. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, May 20, 2010. DISCUSSION TIME :9minutes (3:35to 3:44) 05/10/10 Page 5of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 CONDITIONAL USE PERMIT NO.2010-05489Resolution No. 2010-032 VARIANCE NO. 2010-04811 (Ament) (DEV2009-00037) Owner:Approved Brian Malliet BKM Miraloma Associates LLC 101 Shipyard Way VOTE: 5-0 Newport Beach, CA 92663 Chairman Romero and Commissioners Agarwal, Ament, Applicant: Ron Savage Faessel and Ramirez voted yes. Westair Gases and Equipment Commissioners Buffa and Karaki 2506 Market Street were absent. San Diego, CA 92102 Location:3001East Miraloma Avenue The applicant proposes to permit a temporary modular Project Planner: building and outdoor storage of industrial and medical David See gases. The applicant also proposes a variance to construct dsee@anaheim.net a new monument sign in a location not permitted by Code. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines -Class 3 (New Construction or Conversion of Small Structures). Dave See, Senior Planner, provided a summary of the staff report dated May 10, 2010,along with a visual presentation. Commissioner Faessel referred to the amount of gas that is going to be stored on site and asked Fire Department staff if there wereany issues with subject request. John White, Deputy Fire Marshal, responded the Fire Code requires a minimum 20-foot driveway width and that standard has been met. He said they have had 3 meetings with the applicant and staff is comfortable with the proposed request. Commissioner Faessel asked if the applicant is meeting all the NFPA recommendations and codes based upon the amount of storage on site. Mr. White responded yes. Chairman Romeroopened the public hearing. 05/10/10 Page 6of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES Ron Savage, applicant, stated hehad reviewed the conditions of approval andwas in agreementwith the staff report. Commissioner Ament referred to a dirt strip west of the drivewaythat is owned by the Metropolitan Water District (MWD).Heasked the applicant if there are any plans to pave the area in order to alleviate the neighbor’s concerns regarding dirt and dust; and he asked if there have been any discussions with the MWDon this issue. Mr. Savage responded no, and they have no plans or issues with it. Commissioner Ament referred to Condition No. 4 and asked for clarification regarding the location of curbs along the driveway. Commissioner Ament said Time Warner leases some of the space from MWD in order to park overflow vehicles, and asked how they would have access to get across the driveway. Mr. See said based on their past meetings with the applicant they indicated they have no use for that area. The strip of land is 40 feet wide and is owned by MWD. The applicant intends to remain on their own 20 foot property and not use the 40 foot wide strip. Jonathan Borrego, Principal Planner, said during the design phases staff could work with the applicant in order to help ensure that access to the dirt strip remains. Chairman Romero asked if anyone was present to speak on the item. Jeffrey Stallings, President of Merical Inc., 2995 E. Miraloma Avenue, Anaheim, said they are not opposed to the subject request but have some concerns pertaining to fire safety which was just addressed;and concerns regarding the easement with Metropolitan Water District because in its undeveloped state has contributed to a host of pests that infiltrate their plant and he would like either the City of Anaheim, or the new tenants or MWD to look into the issue of landscaping the area. The other concern is the proposed monument sign that is approximately 80 feet of their own monument sign, and want to ensure it is not too tall toblock the view of their trucks going into their plant.He said they welcome new neighbors and business to Anaheim. Chairman Romero responded regarding the easement portion City staff has indicated they will work with the applicant on the issue; and the monument sign is within code specifications and shouldn’t be a problem. Mr. See said there isa line-of-site requirement that the applicant will have to comply with to ensure visibility remains; it is his understanding it should be setback 10 feet and not right on the property line. Bill Taormina, 1231 N. Blue Gum, Anaheim, referred to the subject business and said they are very safe operators and serve their company in about other 6 locations throughout Southern California and the 11 western states. They are a great company and are very committed to the community. Chairman Romeroclosed the public hearing. 05/10/10 Page 7of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES Commissioner Faessel referred to the plot plans and said there is not any mention regarding the MWD right-of-way.He asked if there was an oversight by staff because he would have expected a disclosure which would have more or less delineated that. He suggested in the future if there are issues that have adjacent property management problems that the Commission be made aware of that. Mr. Borrego clarifiedthat staff was just made aware of the dust issue today.The MWD area was not delineated on the plans because it is a separate piece of property. He said staff could contact MWD and see if they can work with them to look into a long-term solution in order to address the concerns raised. Commissioner Amentoffered a recommendation that the Planning Commission adopt the resolution attached to the May 10,2010 staff report, determining that aClass 3Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2010-05489 and Variance No. 2010-04811(DEV2009-00037). Eleanor Morris,Secretary announced that the resolution passedwith five yes votes.Chairman Romero and Commissioners Agarwal, Ament, Faessel and Ramirezvoted yes. CommissionersBuffa and Karakiwereabsent. IN SUPPORT: Twopersonsspoke in favorof the subject request, one of whomexpressed some concerns. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, May 20, 2010. DISCUSSION TIME :20minutes (3:45to 4:05) 05/10/10 Page 8of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES ITEM NO. 4 ZONING CODE AMENDMENT NO. 2010-00090 Motion (DEV2010-00069) (Faessel/Agarwal ) Owner/ Applicant:Approved Anaheim Redevelopment Agency Laura Alcala 201 S. Anaheim Boulevard VOTE: 5-0 Anaheim, CA 92805 Chairman Romero and Commissioners Agarwal, Ament, Location:South Anaheim Boulevard Corridor (SABC) Faessel and Ramirez voted yes. OverlayZone Commissioners Buffa and Karaki were absent. The applicant requeststo amend Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the Project Planner: Anaheim Municipal Code to allow accessory sales of beer David See and wine for off-site consumption in conjunction with dsee@anaheim.net breweries and wineries within the SABC Overlay zone. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per Section 21080 of the California Public Resources Code (Statutory Exemption). Dave See, Senior Planner, provided a summary of the staff report dated May 10, 2010,along with a visual presentation. Chairman Romero asked if the parking issue has been analyzed. Mr. See responded there are three pending conditional usepermits which staff has been working with the applicant on and the tentative public hearing date is June 21, 2010. At that time, it will be presented to the Commission and they are analyzing the parking and using the services of a consultant to understand the demand for the outdoor market place. Commissioner Faessel clarified if the subject request would apply to all of the overlay zone and not just specifically the Anaheim Brewery site. Mr. See responded that is correct, it does apply to the entire overlay zone but it would only apply to breweries and wineries within the overlay zone. Chairman Romeroopened the public hearing; and asked if anyone was present to speak on the item. 05/10/10 Page 9of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES Jerry Zomorodian,301 S. Anaheim Boulevard, Anaheim, expressed his support of the subject project and said it is a good addition for the downtown area. Bill Taormina, 401 N. Anaheim Boulevard, Anaheim, expressed his support of the subject project and said it is going to be a great addition and improvementfor the area. Chairman Romeroclosed the public hearing. Commissioner Faesseloffered a motion, seconded by Commissioner Agarwal that the Planning Commission determine that this action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code and recommend to the City Council approvalof Zoning Code Amendment No. 2010-00090 (DEV2010-00069). MOTION CARRIED. IN SUPPORT: Twopersons spoke in favor of the subject request. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, May 20, 2010. DISCUSSION TIME :6minutes (4:06to 4:12) 05/10/10 Page 10of 11 MAY 10, 2010 PLANNING COMMISSION MINUTES DISCUSSION: Jonathan Borrego, Principal Planner, indicatedthat staff has contacted the Alcoholic Beverage Control (ABC) regarding a workshop on alcoholic beverage control licenses and they have agreed to assist staff with the workshop which will be scheduledinlate May or in June. MEETING ADJOURNED AT 4:13P.M. TO MONDAY, MAY 24, 2010AT 3:30P.M. WORKSHOP –Planned development of the “Packing House Block”.A presentation was provided by Community Development Department staff. DISCUSSION TIME: 46minutes (4:14-5:00) Respectfully submitted, Eleanor Morris Secretary Received and approved by the Planning Commission on June 7, 2010. 05/10/10 Page 11of 11