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Minutes-PC 2010/06/07City of Anaheim Planning Commission Minutes Monday,June 7,2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Panky Romero Kelly Buffa,Stephen Faessel, Joseph Karaki,Victoria Ramirez Commissioners Absent :Peter Agarwal, Todd Ament Staff Present : CJ Amstrup, Planning Services ManagerMichele Irwin, Senior Police Services Representative Jonathan Borrego,Principal PlannerRaul Garcia,Principal CivilEngineer Mark Gordon, Assistant City AttorneyDavid Kennedy, Associate Transportation Planner David See, Senior PlannerEleanorMorris, Secretary Della Herrick, Associate Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m. onWednesday,June 2, 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, May 27,2010 Call to Order-3:30 p.m. Audience Attendance: 16 Pledge of AllegiancebyCommissioner Ramirez Public Comments Consent Calendar Public Hearing Items Adjournment JUNE 7, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda -3:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutes (Faessel/Ramirez) Receiving and approving the Minutes from the Planning Approved Commission Meeting of May 10, 2010. VOTE: 3-0 Chairman Romero and Commissioners Faesseland Ramirez voted yes. Commissioners Buffa and Karaki abstained and Commissioners Ament andAgarwal wereabsent. 06/07/10 Page 2of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 PUBLIC CONVENIENCE OR NECESSITY NO. 2010-00065Resolution No. 2010-041 VARIANCE NO. 2010-04812Resolution No. 2010-042 (DEV2010-00055) (Ramirez) Owner: DanielRosenberg 255 S. EuclidEnterprises, LLC PCN 255 S. EuclidAvenue Anaheim, CA 92802 Approved, deleted Condition No. 9 pertaining to sales of wine in containers less than 750 ml.in Applicant: TheBergman Companies size. AndrewLurker 2121 S. HavenAvenue VAR Ontario, CA 91761 Approved, subject to applicant reducing size of proposed wall FreshandEasyNeighborhoodMarket signs as discussed at hearing. RichardChavez 2120 ParkPlace ElSegundo, CA 90245 VOTE: 5-0 Chairman Romero and Location:275 South Euclid Street Commissioners Buffa, Faessel, Karaki and Ramirez voted yes. The applicant proposes the sale of beer and wine for off- Commissioners Agarwal and premises consumption in a proposed grocery store (Fresh and Ament were absent. Easy Market). The applicant also proposes two wall signs with a letter height and logo larger than permitted by code. Environmental Determination: The proposed action is Project Planner: Della Herrick Categorically Exempt from the requirement to prepare dherrick@anaheim.net additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines -Class 1 (Existing Facilities). Della Herrick,AssociatePlanner, provided a summary of the staff report dated June 7, 2010,along with a visual presentation. Chairman Romeroopened the public hearing. Andrew Lurker, The Bergman Companies, applicant, statedhehad reviewed the conditions of approval andwas in agreementwith the staff report, with the exception of Condition No. 9 which restricts the volume of wine sales to 750 ml. Heasked if the Police Department was recommending deletion of Condition No. 9. Michele Irwin, Senior Police Services Representative, responded yes. 06/07/10 Page 3of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES Commissioner Buffa referred to the Fresh and Easy wall sign and asked for clarification pertaining to the amount of space below the sign. Ted Howard, 3081 E. Miraloma Avenue, Anaheim, stated he is with the sign company that is going to be fabricating and installing the signs for Fresh and Easy at the subject location. He indicated they haven’t goneout yet to take the measurements because the building is going to be modified to meet the particular architectural lookthat is being presented today, but noted it will be centered on the portion of the building that it will be mounted to. Commissioner Buffa expressed her concern and commented that it appears the sign is too big for the space and doesn’t seemproportional with the amount of space available, and she stated that the letter height would look nicer if it was a little smaller. Chairman Romero asked how the subject request comparesto some of the other variance requests that were approved. Jonathan Borrego, Principal Planner, responded staff has not conducted such research. Chairman Romero responded,as he recalls,they were all proportional. Commissioner Buffa stated she recalls that they have agreed to different letter heights and more signage on a building that was allowed by code, but they all had to fit in the space. Mr. Howard responded they can adjust the size asthere is one size smaller that Fresh and Easy does sometimes use; and he asked how much spacing above and below is being suggested. Commissioner Buffa responded it appears to be about 10% too big. Commissioner Karaki concurred with Commissioner Buffa that the sign is a bit large in relationship to the wall, and said if it is reduced by 20-25% it may not appear to be too large for the wall.He asked if it is a standard size sign. Mr. Howard responded it is a standard size sign for the locations throughout Southern California. He indicated they have another size sign that is a bit smaller,but he’s not exactly sure how much smaller percentage-wise. If needed,he can look into it to find out. Commissioner Buffa asked if he is aware of thesmaller sign’s dimensions, as the proposedsign is 9feet, 3½ inches high. Mr. Howard responded there are a couple of hindrances from the street due to the KFC/Long John Silver establishment that is in frontof the proposed market;therefore,it is not very easy to see as you are driving by. That’s why they proposed to go with the bigger type sign. Commissioner Buffa responded that the large pylonsign along the street shouldsolve that problem. Mr. Howard asked if the subject item could be trailed in order for him to call his office to get information regarding the dimensions of the smaller sign. 06/07/10 Page 4of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES Chairman Romero indicated the item will be trailed. Note: Following action taken on Item No. 4,the subject item was reheard. Mr. Howard stated the smaller size sign is 8 feet, 6 inches high by 14 feet, 8 inches long; and provided information pertaining to the decreased letter height and logo for the smaller sign. CJ Amstrup, Planning Services Manager, stated he has done some research while the item was trailed and referred to the Dearden’sestablishment on Euclid Avenue and La Palma Avenue, and stated that was a variance request and their sign is 6 feet high and is 180 feet from Euclid Avenue. Ms. Herrick indicated the Daniel’s Furniture store has a letter height of 60 inches. Commissioner Buffa clarified that the concern is not the letter height, it is the proportional size on the building façade, but expressed that the smaller size is better. 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 Faessel referred to Exhibit “B”, Condition No. 5, and asked if the applicant is fine with that then it isn’t an issue, but he believes they are starting to waive that requirement under certain conditions. Also, he clarified that, according to today’s testimony by the applicant and recommendation by the Police Department,that Condition No. 9 is to be deleted. Chairman Romero responded yes. Commissioner Faessel referred to page 2 of the staff reportand asked a question regarding the floor area dedicated to alcohol sales. Mr. Amstrup responded 25% is typically assigned to convenience markets and grocery stores; it is a standard for regulating the floor area where alcohol is not the dominant sales item. Mr. Borrego reiterated that 25% is an Alcoholic Beverage Control (ABC) standard. He also indicated that staff is sensitive to the single sales issue and staff made it a point to discuss that issue with the applicant in order to ensure that they concurredwith the condition of approval, and the applicant did concur. Commissioner Ramirezoffered a recommendation that the Planning Commission adopt the resolution attached to the June 7, 2010 staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approvingPublic Convenience or Necessity No. 2010-00065 with deletion of Condition No. 9,and approving Variance No. 2010-04812 subject to applicant reducing size of proposed wall signs. Eleanor Morris, Secretary announced that the resolution passedwith fiveyes votes.Chairman Romero and Commissioners Buffa, Faessel,Karaki and Ramirez voted yes. CommissionersAgarwal and Ament were absent. 06/07/10 Page 5of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, June 17, 2010. DISCUSSION TIME :26minutes (3:34to 3:50)item was trailed (4:06 to 4:16) (Commissioner Buffa arrivedat 3:35 p.m.) 06/07/10 Page 6of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010-05496Resolution No. 2010-043 (DEV2010-00058) (Faessel) Owner/ Applicant:Approved Minh Duc Trinh Minh Smog Test Only 301 South Euclid Street VOTE: 5-0 Anaheim, CA 92802 Chairman Romero and Commissioners Buffa, Faessel, Location:301 South Euclid Street Karaki and Ramirez voted yes. CommissionersAgarwaland The applicant proposes to expand an existing smog test Amentwereabsent. facility. Environmental Determination: The proposed action is Project Planner: Categorically Exempt from the requirement to prepare David See additional environmental documentation per California dsee@anaheim.net Environmental Quality Act (CEQA) Guidelines -Class 1 (Existing Facilities). Dave See, Senior Planner, provided a summary of the staff report dated June 7,2010,along with a visual presentation. Commissioner Faessel asked if it’s the intent of the applicant to continue to use the existing canopies to enclose the new structure. Mr. See responded that the revised plan showed no canopiesand that a new roof would be provided. Chairman Romeroopened the public hearing. Roy Webb,1630 S. Sunkist Street, Anaheim, stated he is assistingand speaking on behalf of Minh Trinh the owner who is present today.It is anticipated that the canopies will be removed when the final plans for the construction and the new elevations are submitted to the City. Commissioner Buffa complimented the owner on his business and stated it will be an improvement to the subject site. Mr. Webb responded the Mr. Trinh is pleased to be present today and indicated he is a self-made businessman in the City of Anaheim and intends to be in the city for many years. He referred to the proposed planter on the south side of subject property and said there has been a problem with cut throughtraffic aspeople try to access the vacant property to the south. He expressed that it may be advantageous to install apermanent type structure, rather than just planters,and they will be discussing this with the City.Also, Mr. Trinh understands that there will land dedication to the City 06/07/10 Page 7of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES that’s needed for the expansion of Euclid Avenue and Broadway. He said they will seek some form of financialor fee offset. Mr. See responded that Public Works and Planning staff had a discussion with the applicant and the applicant did agree to the necessary 7-foot street dedication, and Public Works staff indicated that the traffic impact fees for the building permit would be waived as a consequence of the dedication; however, staff is still recommending that a bus bench be installed which is estimated to cost about $1,100 and the applicant has agreed. Mr. Webb expressed that Mr. Trinh supports the City in the installation of the bus bench. 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 Faesseloffered a recommendation that the Planning Commission adopt the resolution attached to the June 7,2010 staff report, determining that aClass 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2010-05496(DEV2010-00058). Eleanor Morris, Secretary announced that the resolution passedwith five yes votes.Chairman Romero and Commissioners Buffa, Faessel,Karaki and Ramirez voted yes. CommissionersAgarwal and Ament were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, June 17, 2010. DISCUSSION TIME :10minutes (3:51to 4:01) 06/07/10 Page 8of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2010-05497Resolution No. 2010-044 (DEV2009-00059) (Buffa) Owner: Tanya Rebrova Approved EESA InvestmentCompany LLC 1149 N. McCadden Place Hollywood, CA 90038 VOTE: 5-0 Applicant: Seag Ill Kim Chairman Romero and Commissioners Buffa, Faessel, Orange County Good News Baptist Church Karaki and Ramirez voted yes. 10641 Pearl Street Commissioners Agarwal and Garden Grove, CA 92840 Ament were absent. Location:3330 West Lincoln Avenue Project Planner: The applicant proposes to convert a former restaurant into David See a community and religious assembly hall. dsee@anaheim.net 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 June 7, 2010,along with a visual presentation. Chairman Romeroopened the public hearing. James Kim,3330 W. Lincoln Avenue, Anaheim, stated he is the architect for the project and has reviewed the conditions of approval andwas in agreementwith the staff report. 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 Buffaoffered a recommendation that the Planning Commission adopt the resolution attached to the June 7,2010 staff report, determining that aClass 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2010-05497(DEV2009-00059). Eleanor Morris, Secretary announced that the resolution passedwith five yes votes.Chairman Romero and Commissioners Buffa, Faessel,Karaki and Ramirez voted yes. CommissionersAgarwal and Ament were absent. 06/07/10 Page 9of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, June 17, 2010. DISCUSSION TIME :3minutes (4:02to 4:05) (Item No. 2 was re-heard following this item.) 06/07/10 Page 10of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2006-05121BContinued to July 19, 2010 (DEV2010-00039 (Faessel/Karaki) Owner: Living Stream Ministry Approved 2431 West La Palma Avenue Anaheim, CA92801 Applicant:VOTE: 4-0 Phillip Schwartze The PRS Group Chairman Romero and Commissioners Faessel, Karaki 3187 San Juan Creek Circle and Ramirez voted yes. San Juan Capistrano, CA92675 CommissionersAgarwal, Ament and Buffa were absent. Location:2411 West La Palma Avenue The applicant requests to amend a previously-approved Project Planner: conditional use permit to allow a private nursing and health Vanessa Norwood care vocational college. vnorwood@anaheim.net 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). OPPOSITION: None DISCUSSION TIME :No discussion occurred since this item was continued. (Commissioner Buffa arrived following action of this item.) 06/07/10 Page 11of 12 JUNE 7, 2010 PLANNING COMMISSION MINUTES MEETING ADJOURNED AT 4:17P.M. TO MONDAY, JUNE 21, 2010AT 3:30P.M. Respectfully submitted, Eleanor Morris Secretary Received and approved by the Planning Commission on July 19, 2010. 06/07/10 Page 12of 12