Minutes-PC 2010/08/02City of Anaheim
Planning Commission
Minutes
Monday,August 2, 2010
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Commissioners Present
:Chairman: Stephen Faessel
Peter Agarwal, Todd Ament, Joseph Karaki,
Harry Persaud, Victoria Ramirez, John Seymour
Commissioners Absent
:None
Staff Present
:
CJ Amstrup, Planning Services ManagerScott Koehm, Associate Planner
Jonathan Borrego,Principal PlannerRaul Garcia,Principal CivilEngineer
Mark Gordon, Assistant City AttorneyDavid Kennedy, Associate Transportation Planner
Della Herrick, Associate PlannerGrace Medina, Senior Secretary
Vanessa Norwood, Associate Planner
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m.
onWednesday,July 28, 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, July 22,2010
Call to Order–5:00 p.m.
Audience Attendance: 24
Pledge of AllegiancebyCommissioner Seymour
Public Comments
Consent Calendar
Public Hearing Items
Adjournment
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Anaheim Planning Commission Agenda –5:00 P.M.
Public Comments: None
Due to technical difficulties, Items 1 through 7 of the Planning Commission meeting
were not recorded. The following is a summary based on staff’s notes and
recollectionof testimonyfor those items.
Minutes
ITEM NO. 1AMotion to continueminutesto
August 16, 2010 meeting
Receiving and approving the Minutes from the Planning (Seymour/Karaki)
Commission Meeting of June 21, 2010.
Approved
VOTE: 7-0
Chairman Faesseland
Commissioners Agarwal, Ament,
Karaki, Persaud, Ramirezand
Seymourvoted yes.
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Public Hearing Items:
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2000-04291A Resolution No. 2010-059
(DEV2010-00105)
(Agarwal)
Owner:
Nazimuddin Hashim
Approved
P.O.Box 8196
Northridge, CA91327
Applicant:VOTE: 7-0
Cheryl Clancy
2191 South Harbor BoulevardChairman Faessel and
Anaheim, CA 92805Commissioners Agarwal, Ament,
Karaki, Persaud, Ramirez and
Location:2191 South Harbor Boulevard
Seymour voted yes.
The applicant requests to amend or delete conditions of
approval pertaining to the type and manner of alcohol sales,
hours of operation, meal service and provision of
entertainment in an existing restaurant with alcohol sales
for on-premises consumption.
Environmental Determination: The proposed action is
Project Planner:
Scott Koehm
Categorically Exempt from the requirement to prepare
skoehm@anaheim.net
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines -Class 1
(Existing Facilities).
Scott Koehm, Associate Planner, provided a summary of the staff report dated August 2, 2010 along
with a visual presentation.
Chairman Faessel opened the public hearing.
Cheryl Clancy, applicant stated she had reviewed the conditions of approval and was in agreement
with the staff report.
Chairman Faessel, afterseeing no other persons indicating to speak, closed the public hearing.
Commissioner Persaud asked staff about the parking demand and availability of on-site parking and if
the previous conditional use permit addressed the parking.
Mr. Koehm stated that the previous conditional use permit included a parking variance and that a
parking study was done at that time to support the variance. He also stated that the analysis
conducted for the original parking variance still applied to this conditional use permit.
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Commissioner Agarwaloffered a recommendation that the Planning Commission adopt the resolution
attached to the August 2, 2010 staff report, determining that a Class 1 Categorical Exemptionis the
appropriate environmental documentation for this request andapproving Conditional Use Permit
No.2000-04291A.
Grace Medina, Senior Secretary,announced that the resolution passedwith seven yes votes.
Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud, Ramirez and Seymour
voted yes.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on
Thursday, August 12, 2010.
DISCUSSION TIME
:11minutes (5:01to 5:12)
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ITEM NO. 3
AMENDMENT NO. 2 TO THE SECOND AMENDED AND Motion to continueitem to
RESTATED DEVELOPMENT AGREEMENT NO. 99-01 August 16, 2010 was made and
(DAG2010-00003) (DEV2010-00110)then withdrawn.
(Ramirez/Karaki)
Owner:
Brian C. Davison, Vice President
(updated)Katella Anaheim Retail, LLC
Resolution No. PC2010-060
c/o Citi-CMBS & Real Estate Finance
th
388 Greenwich Street, 19Floor(Ament)
New York, NY 10013
Approved
Ryan Leaderman
DLA Piper LLP (US)
th
1999 Avenue of the Stars, 4Floor
VOTE: 7-0
Los Angeles, CA 90067
Chairman Faessel and
Applicant:
Ajesh PatelCommissioners Agarwal, Ament,
Prospera HotelsKaraki, Persaud, Ramirez and
333 City Boulevard West, Suite 1900Seymour voted yes.
Orange, CA 92868
Location:The Anaheim GardenWalk project is
approximately 29.1 acres and located
between Harbor Boulevard and Clementine
Street, and Disney Way and Katella Avenue.
The applicant requests an amendment to Development
Project Planner:
Della Herrick
Agreement No. 99-01, amending the construction
dherrick@anaheim.net
commencement date for the hotels associated with the
Anaheim GardenWalk project.
Environmental Determination: CEQA Mitigated Negative
Declaration (Previously Approved).
Della Herrick, Associate Planner, provided asummary of the staff report dated August 2, 2010 along
with a visual presentation.
Commissioner Ramirez offered a motion, seconded by Commissioner Karaki, to continue this item to
the August 16, 2010 Planning Commission meeting. After more discussion among the Commission,
Commissioner Ramirez withdrew the motion.
Chairman Faessel opened the public hearing.
Bill O’Connell, 110 West Katella Avenue, Anaheim, representing the applicant, explained that they
were requesting a twoyear extension as it is difficult to obtain financing at this time. He said that
Ajesh Patel was also present to answer any additional questions from the Commission.
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Ryan Leaderman, stated that he was the attorney representing the property owner and that they were
requesting a two week continuance as they just received notice of the public hearingand would like
additional time to understand the implications of the request.
Adjesh Patel spoke and indicated that they had been meeting with the property owner for thepast two
months and had shown the property owner the proposed project. He also stated that he was not in
favor of a continuance as he is in the middle of discussionswith a bank and has given this potential
lender certain time frames for hearings that he would like to adhere to.
Commission Agarwal asked Mr. Patel if,due to the weak economy,he should consider asking for a
three year extension instead of two.
Mr.Patel stated that heonly wanted the twoyear extension and not change any dates since he is in
negotiations with a lender.
Chairman Faessel, seeing no other persons indicating to speak, closed the public hearing.
Commissioner Amentoffered a recommendation that the Planning Commission adopt the resolution
attached to the August 2, 2010 staff report,determining that a previously-approved
Mitigated Negative Declarationis the appropriate environmental documentation for this request and
approving Amendment No. 2 to the Second Amended and Restated Development Agreement No. 99-
01.
Grace Medina, Senior Secretary,announced that the resolution passedwith seven yes votes.
Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud, Ramirez and Seymour
voted yes.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on
Thursday, August 12, 2010.
DISCUSSION TIME
:31minutes (5:12to 5:43)
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ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2010-05493Resolution No. 2010-061
VARIANCE NO. 2010-04821
(Persaud)
(DEV2010-00049)
Owner:Approved
Robert Hamra, Sr.
Anaheim Business Campus LLC 394 West
Cerritos Avenue
VOTE: 7-0
Anaheim, CA 92805
Chairman Faessel and
Applicant:
Min Sok KimCommissioners Agarwal, Ament,
New Life Church of California 2121 Karaki, Persaud, Ramirez and
Whispering TrailSeymour voted yes.
Irvine, CA 92602
Location:232-240 West Cerritos Avenue
The applicant proposes to establish a church within an
Project Planner:
Della Herrick
existing business park with fewer spaces than required by
dherrick@anaheim.net
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 1
(ExistingFacilities)
Della Herrick, Associate Planner, provided a summary of the staff report dated August 2, 2010 along
with a visual presentation.
Chairman Faessel opened the public hearing
Eddie Lee, 1410 West Lambert Road #228, La Habra, representing the applicant, stated they had
reviewed the conditions of approval and were in agreement with the staff report.
Chairman Faessel opened the public hearing and seeing no other persons indicating to speak, closed
the public hearing.
Commissioner Persaudoffered a recommendation that the Planning Commission adopt the resolution
attached to the August 2, 2010 staff report, determining that a Class 1 Categorical Exemptionis the
appropriate environmental documentation for this request and approving Conditional Use Permit No.
2010-05493 and Variance No. 2010-04821.
Grace Medina, Senior Secretary,announced that the resolution passedwith seven yes votes.
Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud, Ramirez and Seymour
voted yes.
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OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on
Thursday, August 12, 2010.
DISCUSSION TIME
:9minutes (5:43to 5:52)
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ITEM NO. 5
CONDITIONAL USE PERMITNO. 4023CResolution No. 2010-062
(DEV2010-00094)
(Seymour)
Owner:
Kee Whan Ha
Approved
3240 Wilshire Boulevard #592
Los Angeles, CA 90010
Applicant:VOTE: 7-0
Isidra Cervantes
1212 North Lewellyn AvenueChairman Faessel and
Anaheim, CA 92801Commissioners Agarwal, Ament,
Karaki, Persaud, Ramirez and
Location:837 East Orangethorpe Avenue
Seymour voted yes.
The applicant proposes to amend or delete a condition of
approval pertaining to a time limitation for an automotive
repair facility and to amend a condition of approval
pertaining to the total number of employees.
Environmental Determination: The proposed action is
Project Planner:
Vanessa Norwood
Categorically Exempt from the requirement to prepare
vnorwood@anaheim.net
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines -Class 1
(Existing Facilities).
Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 2, 2010
along with a visual presentation.
Chairman Faessel opened the public hearing.
Isidra and Santiago Cervantes, the applicants,stated they had reviewed the conditions of approval
and were in agreement with the staff report.
Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing.
Commissioner Seymouroffered a recommendation that the Planning Commission adopt the
resolution attached to the August 2, 2010 staff report, determining that a Class 1 Categorical
Exemptionis the appropriate environmental documentation for this request and approving Conditional
Use PermitNo.2010-4023C.
Grace Medina, Senior Secretary,announced that the resolution passedwith seven yes votes.
Chairman Faessel andCommissioners Agarwal, Ament, Karaki, Persaud, Ramirez and Seymour
voted yes.
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OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on
Thursday, August 12, 2010.
DISCUSSION TIME
:5minutes (5:52to 5:57)
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ITEM NO. 6
CONDITIONAL USE PERMITNO. 2006-05121B Resolution No. 2010-063
(DEV2010-00039)
(Seymour)
Owner:
Living Stream, Inc.
Approved
2431 West La Palma Avenue
Anaheim, Ca 92801
Applicant:VOTE: 7-0
Phillip Schwartze
The PRS GroupChairman Faessel and
3187 San Juan Creek CircleCommissioners Agarwal, Ament,
San Juan Capistrano, CA 92675Karaki, Persaud, Ramirez and
Seymour voted yes.
Location:2411 West La Palma Avenue
The applicant requests to amend a previously-approved
Project Planner:
Vanessa Norwood
conditional use permit to allow a private nursing and health
vnorwood@anaheim.net
care vocational college.
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).
Continued from the June 7 and July 19, 2010 Planning
Commission Meetings.
Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 2, 2010
along with a visual presentation.
Chairman Faessel opened the public hearing.
Phillip Schwartz, applicant representative, stated he had reviewed the conditions of approval and was
in agreement with the staff report.
John Pester, representing the property owner, Living Stream, Inc. spoke in favor of the project.
Chairman Faessel, seeing no other persons indicating to speak, closed the public hearing.
Commissioner Seymouroffered a recommendation that the Planning Commission adopt the
resolution attached to the August 2, 2010 staff report, determining that a Class 1 Categorical
Exemption is the appropriate environmental documentation for this request and approving Conditional
Use Permit No.2006-05121B.
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Grace Medina, Senior Secretary,announced that the resolution passedwith seven yes votes.
Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud, Ramirez and Seymour
voted yes.
OPPOSITION:
None
Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on
Thursday, August 12, 2010.
DISCUSSION TIME
:6 minutes (5:57 to 6:03)
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ITEM NO. 7
RECLASSIFICATION NO. 2010-00239Resolution No. 2010-064
ZONING CODE AMENDMENT NO. 2010-00091
CONDITIONAL USE PERMITNO. 767AResolution No. 2010-065
VARIANCE NO. 2010-04820
(Agarwal)
(DEV2010-00067)
Approved
Owner:
Krawiec, Martin Trust / Oliver G.Baker Trust
Pacific Sunset Estates
CUP/VAR
1247 East Chapman Avenue
Added condition pertaining to
Fullerton, CA 92831
the demolition of the existing
Applicant:residence.
Larry McDermott
18075 La Ventana
Murrieta, CA 92562
VOTE: 7-0
Location:147 & 211 South Beach Boulevard
Chairman Faessel and
Commissioners Agarwal, Ament,
The applicant proposes to rezone this property to add the Karaki, Persaud, Ramirez and
Mobile Home Park (MHP) Overlay zone to its existing Seymour voted yes.
Transition (T) zone designation; amend the zoning code to
permit manufactured homes within the Mobile Home Park
Overlay zone and modify the definition of Mobile Home
Park; amend a previously-approved conditional use permit
to add 14 manufactured homes to an existing mobile home
park (for a total of 150 mobile and manufactured homes);
and allow a smaller front yard setback than permitted by
code.
Environmental Determination: A Negative Declaration has
Project Planner:
Vanessa Norwood
been determined to serve as the appropriate environmental
vnorwood@anaheim.net
documentation for this project in accordance with the
provisions of the California Environmental Quality Act
(CEQA).
Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 2, 2010
along with a visual presentation.
Chairman Faessel opened the public hearing.
Larry McDermott, the applicant, stated he had reviewed the conditions of approval and was in
agreement with the staff report.
Michael Lawrence, 206 Nobel, Santa Ana, stated he was the owner of the property and thatthere is
pending litigation to determine the rightful owner of the property. He said the property is being
considered for addition to the historical sites list and asked that the Commission continue the case
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until ownership is determined by the court in September 2010. He stated that it was premature to
grant an approval for an expansion of the mobile home park while it was in litigation and suggested
that this matter be continued until litigation was finalized. He did not want Mr. McDermott to demolish
the residence before their court appearance.
CJ Amstrup, Planning Services Manager, advised the Commission that itsvote on this project,
whether it was for or against, would not prevent Mr. McDermott from applying for, and receiving, a
demolition permit if he chose to do soas the existing residence currently has no protected status.Mr.
Amstrup then described the demolition review process for homes that have been identified as having
historical significance.
After much discussionregarding the statusof the existing residence, Commissioner Agarwal asked
Mr. McDermott if he would agree to an added condition of approval to not demolish the residential
structure until a Notice of Intent to Demolish Application was forwarded to the Historic Preservation
program staff in order to allow time to create a plan to either preserve the structure or move it to a
new location. Mr. McDermott agreed to this condition being added to the resolution.
Chairman Faessel, seeing no other persons wishing to speak, closed the public hearing.
Commissioner Agarwaloffered a recommendation that the Planning Commission adopt the resolution
attached to the August 2, 2010 staff report, determining that a Negative Declaration is the appropriate
environmental documentation for this request and approving Reclassification No. 2010-00239, Zoning
Code Amendment No. 2010-00091, Conditional Use Permit No. 767A and Variance No. 2010-04820.
Grace Medina, Senior Secretary,announced that the resolution passedwith sevenyes votes.
Chairman Faessel and Commissioners Agarwal, Ament, Karaki, Persaud, Ramirez and Seymour
voted yes.
OPPOSITION:
One person spoke in opposition to the subject request.
Mark Gordon, Assistant City Attorney, presented the 10-day appeal rightsending at 5:00 p.m. on
Thursday, August 12, 2010.
DISCUSSION TIME
:83 minutes (6:03 to 7:20)
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MEETING ADJOURNED AT 7:25P.M.
TO MONDAY, AUGUST 16, 2010AT 5:00P.M.
Respectfully submitted,
Grace Medina
Senior Secretary
Received and approved by the Planning Commission on September 13, 2010.
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