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Minutes-PC 2010/07/07Commissioners Present Commissioners Absent Victoria Ramirez Staff Present CJ Amstrup, Planning Services Manager Jonathan Borrego, Principal Planner Mark Gordon, Assistant City Attorney Della Herrick, Associate Planner City of Anaheim Planning Commission Minutes Wednesday, July 7, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman Stephen Faessel, Commissioners: Peter Agarwal, Todd Ament, Joseph Karaki, Harry Persaud, John Seymour Keith Linker, Principal Civil Engineer David Kennedy, Associate Transportation Planner Grace Medina, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:30 p.m. on Wednesday, June 30, 2010, 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 - 6 • Pledge of Allegiance by Commissioner Ament • Oath or Affirmation of Allegiance Swearing in of New Planning Commissioners - Harry Persaud and John Seymour • Appointments Planning Commission Chairman - Stephen Faessel Chairman Pro - Tempore - Peter Agarwal • Public Comments • Consent Calendar • Public Hearing Items • Adjournment Planning Commission Appointments JULY 7, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda - 3:30 P.M. Chairman Karaki offered a motion, seconded by Commissioner Agarwal, to appoint Commissioner Stephen Faessel as Commission Chairman for 2010/2011. UNANIMOUSLY APPROVED (Vote: 6 -0) Commissioner Faessel offered a motion, seconded by Chairman Ament, to appoint Commissioner Peter Agarwal as Commission Chairman Pro - Tempore for 2010/2011. UNANIMOUSLY APPROVED (Vote: 6 -0) Public Comments - None Minutes ITEM NO. 1A Continued to July 19, 2010 Receiving and approving the Minutes from the Planning Commission Meeting of May 24, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Continued from the June 21, 2010 Planning Commission Meeting. ITEM NO. 1B Continued to July 19, 2010 Receiving and approving the Minutes from the Planning Commission Meeting of June 7, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. 07/07/10 Page 2 of 9 Public Hearina Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2010 -05479 VARIANCE NO. 2010-04817 (DELETED)* (DEV201 0- 0001 81 Owner: Steve K. Doi Fortune West Properties P.O. Box 727 Placentia, CA 92871 Applicant: Jose Luis Mendoza Hernandez El Reino de Cristo Iglesia Cristiana 8232 Linden Circle Buena Park, CA 90620 Location: 2960 West Lincoln Avenue JULY 7, 2010 PLANNING COMMISSION MINUTES The applicant proposes to establish a community and religious assembly hall (El Reino de Cristo Iglesia Cristiana). Environmental Determination: CEQA Categorical Exemption, Classl (Existing Facilities). * A previously- noticed variance request related to the minimum number of required parking spaces has been deleted. Resolution No. 2010 - 052 (Agarwal) Approved, deleted Condition No 10 VOTE: 6 -0 Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud and Seymour voted yes. Commissioner Ramirez was absent. Project Planner: Della Herrick dherrick(&anaheim.net Della Herrick, Associate Planner, provided a summary of the staff report dated July 7, 2010 along with a visual presentation. Commissioner Agarwal asked if the subject property and the property to the east were on the same parcel. Ms. Herrick responded that they are two separate parcels. Commissioner Agarwal asked what would happen to the parking arrangements if the property owner decided to sell one of the parcels. Ms. Herrick said that the parking agreement will need to be recorded, so that the new owner would be aware of the arrangement with the church. Jonathan Borrego, Principal Planner, added that there is a provision in the off -site parking permit requirements that allows the City to revisit those agreements in the event that circumstances change. 07/07/10 Page 3 of 9 JULY 7, 2010 PLANNING COMMISSION MINUTES Commissioner Persaud referred to the draft resolution, page one, Condition No. 5; he asked if the word "arrangement" should be changed to "permit ". Ms. Herrick said that at this time, the applicant only has a notarized document from the owner allowing them to park at the location; however, a Condition of Approval requires the church to obtain an Off -Site Parking Permit from the Planning Department. Commissioner Persaud asked if hours of operation should be specified in the Condition No. 4. Ms. Herrick stated that if the hours were specified and the church decides to hold a service at a time other than what is listed, they would have to go through the expense to have another public hearing. Commissioner Persaud asked if the same rational applied to Condition No. 10. He was concerned that the conclusion on the staff report is inconsistent with that condition since 6:00 p.m. is considered a peak hour. Mr. Borrego suggested that Condition No. 10 be deleted since it is redundant. Commissioner Persaud asked what the City would consider "significant impact" relating to traffic. David Kennedy, Associate Transportation Planner, responded that the Public Works Department traffic impact guidelines indicate that a study is not required. A church of this size would not generate enough trips to cause a significant impact. Chairman Faessel opened the public hearing. Jose Luis Mendoza Hernandez, applicant, stated he has reviewed the conditions of approval and is in agreement with the staff report. Chairman Faessel, seeing no other persons indicating to speak, closed the public hearing. Commissioner Agarwal offered a recommendation that the Planning Commission adopt the resolution attached to the July 7, 2010 staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No.2010- 05479, including the deletion of Condition No. 10. Grace Medina, Senior Secretary announced that the resolution passed with six yes votes. Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud and Seymour voted yes. Commissioner Ramirez was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10 -day appeal rights ending at 5:00 p.m. on Monday, July 19, 2010. DISCUSSION TIME 14 minutes (3:41 to 3:55) 07/07/10 Page 4 of 9 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010-05498 (DEV2010- 00061) Owner: Gilbert La Palma Properties c/o The Remm Group 505 South Villa Real, #210 Anaheim, CA 92807 Applicant: Nazareth Rizkallah Voice of Refugees, E.S.L. 1163 Merlin Lane Corona, CA 92881 Location: 1144 North Gilbert Street Chairman Faessel opened the public hearing. OPPOSITION: None JULY 7, 2010 PLANNING COMMISSION MINUTES The applicant proposes to establish an adult education facility, teaching language courses, within an existing industrial complex (Voice of Refugees). Environmental Determination: CEQA Categorical Exemption, Classl (Existing Facilities). Resolution No. 2010 -053 (Karaki) Approved VOTE: 6 -0 Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud and Seymour voted yes. Commissioner Ramirez was absent. Project Planner: Della Herrick dherrickt@anaheim.net Della Herrick, Associate Planner, provided a summary of the staff report dated July 7, 2010 along with a visual presentation. Nazareth Rizkallah, applicant, stated he has reviewed the conditions of approval and is in agreement with the staff report. Chairman Faessel, seeing no other persons indicating to speak, closed the public hearing. Commissioner Karaki offered a recommendation that the Planning Commission adopt the resolution attached to the July 7, 2010 staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No.2010- 05498. Grace Medina, Senior Secretary announced that the resolution passed with six yes votes. Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud and Seymour voted yes. Commissioner Ramirez was absent. 07/07/10 Page 5 of 9 DISCUSSION TIME 5 minutes (3:55 to 4:00) JULY 7, 2010 PLANNING COMMISSION MINUTES Mark Gordon, Assistant City Attorney, presented the 10 -day appeal rights ending at 5:00 p.m. on Monday, July 19, 2010. 07/07/10 Page 6 of 9 ITEM NO. 4 VARIANCE NO. 2005-04675A (DEV2009- 00020) Owner: Deana Morgan Shops at Stadium Towers, LP 1100 Newport Center Drive, Suite 150 Newport Beach, CA 92660 -6297 Applicant: Erin Sutherland TDI Signs, Inc. 1419 Seabright Avenue Long Beach, CA 90813 JULY 7, 2010 PLANNING COMMISSION MINUTES Location: 2406 - 2438 East Katella Avenue The applicant proposes to amend a previously- approved sign program for an existing retail center by constructing a freestanding shopping center identification sign larger than permitted by Code and within 300 feet of another freestanding sign (Stadium Infield). Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 11 (Accessory Structures). Resolution No. 2010 - 054 (Ament) Approved VOTE: 6 -0 Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud and Seymour voted yes. Commissioner Ramirez was absent. Project Planner: Jonathan Borrego iborreooC .)anaheim. net Jonathan Borrego, Principal Planner, provided a summary of the staff report dated July 7, 2010 along with a visual presentation. Commissioner Karaki asked Mr. Borrego to explain the justification for the variance. Mr. Borrego stated that there are two variances being requested. One relates to the size of the sign, the other relates to the distance between the existing shopping center identification sign. Staff reviewed this request thoroughly since there is a significant deviation from the existing code. The property has 600 feet of frontage on Katella Avenue and is crescent shaped. Staff believes the sign that is proposed is in scale with the height of the existing buildings. The applicant was asked to ensure that the height of the sign not project above the height of the existing buildings. If the property was over five acres, the applicant would be allowed to have 250 square feet and 25 feet in height. The existing sign at the driveway advertises the Stadium Towers office building and a few tenants from that building; from that perspective, staff did not feel it was redundant advertising. Also, if the sign were moved 175 feet further east, which is required by code, people could identify the businesses, be able to pull into the driveway within reasonable distance, without having to drive past the site and make a u -turn at Douglass Road. 07/07/10 Page 7 of 9 Chairman Faessel closed the public hearing. JULY 7, 2010 PLANNING COMMISSION MINUTES Commission Agarwal ask when the last variance request was approved. Mr. Borrego responded that it was in 2005. Chairman Faessel opened the public hearing. Deana Morgan, property manager for Shops at Stadium Towers, stated she had reviewed the conditions of approval and was in agreement with the staff report. Commissioner Agarwal asked why this request was being made at this particular time. Ms. Morgan responded that in 2006 they came before the Commission to allow banners since they had developed the property and tenants were having some difficulties. They also requested that an increase in signage be allowed. Commissioner Karaki said he liked the architecture of the site; however, the existing signs were poorly placed. He agreed with staffs justification for the variance and supports the proposed project. Chairman Faessel, seeing no other persons indicating to speak, closed the public hearing. Commissioner Ament offered a recommendation that the Planning Commission adopt the resolution attached to the July 7, 2010 staff report, determining that a Class 11 Categorical Exemption is the appropriate environmental documentation for this request and approving the amendment to Variance No.2005- 04675A. Grace Medina, Senior Secretary announced that the resolution passed with six yes votes. Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud and Seymour voted yes. Commissioner Ramirez was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10 -day appeal rights ending at 5:00 p.m. on Monday, July 19, 2010. DISCUSSION TIME 18 minutes (4:00 to 4:18) 07/07/10 Page 8 of 9 Grace Medina Senior Secretary JULY 7, 2010 PLANNING COMMISSION MINUTES MOTION: Commissioner Ament offered a motion, seconded by Commissioner Karaki and MOTION CARRIED to appointment Commissioner Seymour as a Planning Commission representative to the Public Utilities Undergrounding Subcommittee. UNANIMOUSLY APPROVED Respectfully submitted, MEETING ADJOURNED AT 4:25 P.M. TO MONDAY, JULY 19, 2010 AT 3:30 P.M. Received and approved by the Planning Commission on August 30, 2010. 07/07/10 Page 9 of 9