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Minutes-PC 2010/08/16City of Anaheim Planning Commission Minutes Monday,August 16, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Stephen Faessel Todd Ament, Joseph Karaki,Harry Persaud, Victoria Ramirez, John Seymour Commissioners Absent :Peter Agarwal Staff Present : CJ Amstrup, Planning Services ManagerVanessa Norwood, Associate Planner Jonathan Borrego,Principal PlannerMichele Irwin, Senior Police Services Representative Mark Gordon, Assistant City AttorneyRaul Garcia, Principal Civil Engineer Susan Kim, Senior PlannerDavid Kennedy, Associate Transportation Planner David See, Senior PlannerEleanor Morris, Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m. onWednesday,August 11, 2010, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Call to Order–5:00 p.m. Audience Attendance: 7 Pledge of AllegiancebyCommissioner Ament Public Comments Consent Calendar Public Hearing Items Adjournment AUGUST 16, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda –5:00 P.M. Public Comments: None Minutes ITEM 1A Motionto approve minutes Receiving and approving the Minutes from the Planning Commission Meeting ofJune 21,2010. These minutes (Ament/Karaki) have been provided to the Planning Commission and are Approved available for review at the Planning Department. VOTE: 4-0 Continued from the August 2, 2010 Planning Commission Meeting.Chairman Faesseland CommissionersAment, Karakiand Ramirezvoted yes.Commissioners Persaud and Seymour abstained. Commissioner Agarwal was absent. 08/16/10 Page 2of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES Reports and Recommendations ITEM 1B CONDITIONAL USE PERMIT NO. 2010-05486Motion FINAL SITE PLAN NO. 2010-00001 (Seymour/Karaki) (DEV2009-00083) Owner: PAPoon & Son Inc. Approved 16841 Marina Bay Drive Huntington Beach, CA 92649-2913 VOTE: 6-0 Applicant: REP International-Andres Cibotti Chairman Faessel and 7380 Sand Lake Road, Suite 500 Commissioners Ament, Karaki, Orlando,FL32819 Persaud, Ramirez and Seymour voted yes. Commissioner Agarwal Location:2232 South Harbor Boulevard was absent. The applicantrequests review and approval of final elevation plans forthe “Battle of the Dance” dinner theater. Project Planner: Environmental Determination: Apreviously-approved Della Herrick Mitigated Negative Declaration has been prepared for the dherrick@anaheim.net project in compliance with the California Environmental Quality Act (CEQA). Commissioner Karaki asked if staff was in agreement with the proposed plans. CJ Amstrup, Planning Services Manager stated that staff was supportive of the design with a note that the signs shown on the elevations are not up to scale and will either need to be approved by a separate sign variance or revised to meet code. Commissioner Faessel asked to see the color board. Commissioner Karaki disclosed that he had previously spoken to the applicant. Heasked the applicant if any lighting on the building was proposed. Frankie Flores, 23348 Ridgeway, Mission Viejo, representing the applicant, responded that the property will not have neon lighting; however, the murals on the building will be illuminated by accent lighting. Commissioner Persaud asked if the City has an architectural review committee and if they reviewed the plans. Mr. Amstrup responded no. In the past the City has relied on the services of a consultant to provide such reviews; however, this is no longer the case. 08/16/10 Page 3of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES Commissioner Persaud referred to Staff Report, page 2, last paragraph. He asked how the conclusion of consistency with the Resort standards was drawn if there is no architectural committee. Mr. Amstrup responded that staff looks at the design and the quality that is expected throughout the Resort Area and weighing those against the established expectations. Commissioner Persaud said he thought the City had certain guidelines, especially in areas such as The Resort or the Platinum Triangle. Mr. Amstrup stated the City does not have prescribed architectural styles. It has requirements for parkways and perimeter treatments for projects and this is consistent with those. It is a generally qualitative review of the general quality of the architecture and materials used and the consistency of the surrounding development. Commissioner Persaud said that a subjective evaluation could lead to inconsistencies in the future. Jonathan Borrego, Principal Planner added that within the Anaheim Resort Specific Plan and the Platinum Triangle Master Land Use Plan area there are some general design guidelines that projects are reviewed against. In this case, with the Battle of the Dance plans, Della Herrick, the project planner did look at the guidelines that are contained within the Anaheim Resort Specific Plan that deal with massing and landscaping. There are also some guidelines in terms of which materials and general colors that area allowed. Ms. Herrick found that they were all consistent with the guidelines. Commissioner Persaud complimented the applicant on the appearance of the project. Dennis Causier, representing the applicant, thanked the Commission for their comments. Chairman Faessel,seeing no other persons indicating to speak, closed the discussion. Commissioner Seymour offered a motion seconded by Commissioner Karaki,that the Planning Commission adopt the resolution attached to the August 16, 2010 staff report, determining that a previously-approvedMitigated Negative Declarationis the appropriate environmental documentation for this request and approving Final Site Plan No. 2010-00001. Mark Gordon, Assistant City Attorney,announced that the motion carried with no opposition. Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes. Commissioner Agarwal was absent. (This item waspulled for separate discussion) DISCUSSION TIME :8 minutes (5:08to 5:16) 08/16/10 Page 4of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2001-04441A Resolution No. 2010-066 (DEV2010-00107) (Persaud) Owner: Ledger & Gladys Smith 151 Miramonte Drive Approved Fullerton, CA 92835 Scott Ramser VOTE: 6-0 2222 Howell Avenue, L.P. Chairman Faessel and 1711 Pomona Avenue Commissioners Ament, Karaki, Costa Mesa, CA 92627 Persaud, Ramirez and Seymour voted yes.Commissioner Agarwal Applicant: Phillip Schwartze was absent. PRS Group 31872 San Juan Circle San Juan Capistrano, CA 92675 Location:2225 East Katella Avenue The applicant proposes to amend or delete a condition of Project Planner: Vanessa Norwood approval pertaining to a time limitation for an auto collision vnorwood@anaheim.net repair and auto rental facility. Environmental Determination: CEQA Categorical Exemption, Class1 (Existing Facilities). Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 16, 2010 along with a visual presentation. Phillip Schwartze, 31103 Rancho Viejo Road, Suite D-2260, San Juan Capistrano, representing the applicant, stated that staff indicated they were requesting a deletion of the timeframe on the project. Chairman Faesselopened the public hearing. Chairman Faessel,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 16, 2010staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No.2001-0441A. 08/16/10 Page 5of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES Mark Gordon, Assistant CityAttorney, announced that the resolution passedwith six yes votes. Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, August 26, 2010. DISCUSSION TIME :4minutes (5:17to 5:21) 08/16/10 Page 6of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010-05509 Resolution No. 2010-067 (DEV2010-00090) (Seymour) Owner: Anaheim Investors II PM Realty Group Approved 3990 Westerly Place, #140 Newport Beach, CA 92660 VOTE: 6-0 Applicant: Zabi Subat Chairman Faessel and The Canyon Grill Commissioners Ament, Karaki, 1071 NorthTustin Avenue, #110 Persaud, Ramirez and Seymour Anaheim, CA 92807 voted yes. Commissioner Agarwal was absent. Location:1071 North Tustin Avenue, Suite 110 The applicant proposes to permit an outdoor seating area with the service of alcoholic beverages in conjunction with an existing restaurant. Environmental Determination: CEQA Categorical Project Planner: Exemption, Class1 (Existing Facilities). Vanessa Norwood vnorwood@anaheim.net Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 16, 2010 along with a visual presentation. Commissioner Persaud stated that he visited the site and observed a banner strung up betweentwo uprights. He asked if this was customary or acceptable. Ms. Norwood responded that typically a temporary sign would be allowed under a Special Event Permit. Jonathan Borrego, Principal Planner added that Special Event Permits require banners to be affixed to the building and that staff would follow up on his observation. Zabi Subat, applicant, stated hereviewed the conditions of approval and was in agreement with the staff report. Commissioner Karaki asked what type of food would be served at this restaurantand that he did not know they existed at this location. Mr. Subat responded that American food, pasta, pizza, sandwiches, hamburgers, and some Mediterranean dishes wouldbe served.He said his building is away from the main street and it is a challenge to bring in customers. They distribute flyers to the surrounding businesses. The approval of the conditional use permit would help his business succeed. He is not promoting that he is open for dinner yet. 08/16/10 Page 7of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES Commissioner Seymour asked if the addition will double the seating capacity. Mr. Subat responded that it does increase the seating capacity. Commissioner Persaud asked if he was only open during the week. Mr. Subat they are open Monday through Friday for lunch and dinner, Saturday for dinner only, and closed on Sunday. Chairman Faessel asked Mr. Subat to work with staff regarding the banner currently being displayed at his business. Chairman Faesselopened the public hearing. 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 16, 2010staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use PermitNo.2010-2010-05509. Mark Gordon, Assistant City Attorney,announced that the resolution passedwith six yes votes. Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, August 26, 2010. DISCUSSION TIME :9minutes (5:22to 5:31) 08/16/10 Page 8of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES ITEM NO. 4 CONDITIONAL USE PERMITNO. 2008-05342A Resolution No. 2010-068 DETERMINATION OF PUBLIC CONVENIENCE OR Resolution No. 2010-069 NECESSITY NO. 2008-00049A (Karaki) VARIANCE NO. 2001-04825* (DEV2010-00100)CUP Approved, revised conditionsof Applicant/approval regarding off-site Rob Gundling Owner:parking arrangements. OC Custom Wine 1211 NorthLas Brisas Street PCN Anaheim, CA92806 Approved Location:1211 North Las Brisas Street VOTE: 6-0 The applicantproposes to amend a previously-approved Chairman Faessel and conditional use permit to allow for private party and banquet Commissioners Ament,Karaki, events, and also proposes to modify conditions of approval Persaud, Ramirez and Seymour pertaining to hours of operation in conjunction with an voted yes. Commissioner Agarwal existing winery, with less parking than allowed by code. was absent. Environmental Determination: CEQA Categorical Exemption, Class1 (Existing Facilities). Project Planner: *A previously-noticed variance request related to the Della Herrick maximum permitted sizeof a wall sign and logo has been dherrick@anaheim.net deleted. Dave See, Senior Planner, provided a summary of the staff report dated August 16, 2010 along with a visual presentation. Commissioner Persaud stated he visited the site during the past weekend. He referred to the reciprocal parking arrangement and asked what happens during Monday through Thursday when the other uses in the area are prevalent and maybe using some of the parking spaces. The subject use has the right to have 40 patrons on the site. He indicated if you look at the center as a whole, giving the various uses that are there and asked is there sufficient parking during the weekdays, during the afternoon peak hours for all the uses. Jonathan Borrego, Principal Planner, responded the total required for the facility is 18 parking spaces and the applicant is providing 10 parking spaces on site. Staff believes basedon the typical hours of operation that there would be sufficient parking on-site for that use. He referred to the parking arrangements and stated when staff formulated the conditions of approval for the subject request, staff did specify that group events, including larger parties couldn’t occur until after 4:30 p.m. on weekdays. He stated staff felt that at the time they would be experiencing its peak parking demand it would only be allowed after 4:30 p.m. on weekdays, and staff believes there is sufficient parking. He referred to Condition No. 12 of the draft resolution for the conditional use permit regarding the need for them to obtain an off-site parking permit, staff recommended that the applicant shall ensure that a 08/16/10 Page 9of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES minimum of 8 additional off-site parking spaces are available after 4:30 p.m., on weekdays during weekend operating hours, and that was because the peak period would be taking place after 4:30 p.m., on the weekdays. Commissioner Karaki stated he visited the site and concurs with Commissioner Persaud’s concerns. Chairman Faessel referred to page 2 of the staff report regarding the current hours of operation and the limitation of patrons and asked for staff’s clarification regarding the proposed hours of operation and the number of patrons. Mr. Borrego stated it is his understanding that the existing 8 occupancy would be the typical day time operations and the higher occupancy would only take place after 4:30 p.m., and he asked the applicant to address the question for clarification. Chairman Faessel opened the public hearing. Steve Van Horn, General Manager of OC Custom Wine, responded that they are mainly looking at evening and mostly weekend operations. Typically, the reason they put during day hours would be to allow for a Holiday that lands on Monday-Friday, and the day time hours is used for wholesale and retail sales. The evening hours would be for small banquets and parties. Chairman Faessel stated having been a patron at the subject facility, he can attest for the need to have more flexibility on the evening hours. Commissioner Karaki asked how many people the facility accommodates. Mr. Van Horn responded 40, and stated he believes there is more than sufficient parking available. Commissioner Karaki asked if they serve food. Mr. Van Horn responded they have a kitchen, but mainly would be using caters to use their facilities to make food for the banquets. Commissioner Persaud stated his question raised on the parking is not intended to discourage anything; he wants to ensure they have sufficient reciprocal parking arrangements. Mr. Van Horn stated based on the size of the building is where they came up with the 40 occupancy limit, but he has had 60-80 people in the facility without any issue. He realized he was basically waiting for somebody to give him an occupancy limit, and until he received the occupancy limitation he was basically going by what fit into the building comfortably. He indicated that they agree with dropping the occupancy to 40, and they will work with it. Mr. Borrego stated the 40 occupancy limitation is actually based on the building occupancy limitation. Commissioner Persaud expressed his approval of the subject request and suggested revising the necessary conditions of approval, therefore having staff work with the applicant on the parking arrangements. 08/16/10 Page 10of 11 AUGUST 16, 2010 PLANNING COMMISSION MINUTES Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing. Further discussion took place amongst the applicant, Planning Commissioners and staff regarding revisingthe conditions of approval pertaining to the parking and occupancy issues raised today. Commissioner Karakioffered a recommendation that the Planning Commission adopt the resolution attached to the August 16, 2010 staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No.2008-05342A, Determination of Public Convenience or Necessity No. 2008-00049A and Variance No. 2001-04825. Mark Gordon, Assistant City Attorney, announced that the resolution passedwith six yes votes. Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, August 26, 2010. DISCUSSION TIME :26minutes (5:32to 5:58) MEETING ADJOURNED AT 6:00P.M. TO MONDAY, AUGUST 30, 2010AT 5:00P.M. Respectfully submitted, Eleanor Morris Secretary Received and approved by the Planning Commission on September 27, 2010. 08/16/10 Page 11of 11