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MN012308 City of Anaheim Planning Commission Action Agenda Wednesday,January 23, 2008 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California Commissioners Present :Chairman: Kelly Buffa Peter Agarwal, Gail Eastman,Stephen Faessel, Joseph Karaki,Panky Romero,Pat Velasquez Commissioners Absent :None Staff Present : CJ Amstrup, Planning Services ManagerScott Koehm, Associate Planner Linda Johnson,Principal PlannerMinoo Ashabi, Contracted Planner Jonathan Borrego, Principal PlannerMark Gordon, Assistant City Attorney Cheryl Flores, Senior PlannerJamie Lai, Principal Civil Engineer Dave See, Senior PlannerGrace Medina, Senior Secretary Susan Kim, Senior PlannerDonna Patino, Secretary Della Herrick, Associate Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at2:00 p.m. onThursday, January 17, 2008, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published:Anaheim Bulletin Newspaper onThursday, December 27, 2007 and Thursday, January 3,2008 Call to Order Preliminary Plan Review 1:30 P.M. •STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) •PRELIMINARY PLAN REVIEW FOR ITEMS ON THEJANUARY 23, 2008AGENDA Recess to Public Hearing Reconvene to Public Hearing 2:30 P.M. Attendance: 38 Pledge of Allegiance: Commissioner Romero Public Comments Consent Calendar Public Hearing Items Adjournment JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA Anaheim Planning Commission Agenda -2:30 P.M. Public Comments: None Consent Calendar: Commissioner Faesseloffered a motion, seconded by Commissioner Eastmanand MOTION CARRIED, for approval of Consent Calendar Item 1A through 1C as recommended by staff and to continue Item4. UNANIMOUSLY APPROVED Reports and Recommendations Minutes 1-A.Receiving and approving the Minutes from the Planning Consent Calendar Approval Commission Meeting of November 26, 2007. Continued from the December 10, 2007, and January 7, VOTE: 7-0 2008, Planning Commission Meetings.(Motion) 1-B.Receiving and approving the Minutes from the Planning Consent Calendar Approval Commission Meeting of December 10, 2007. Continued from the January 7, 2008, Planning VOTE: 7-0 Commission Meeting.(Motion) 1-C.Consent Calendar Approval Receiving and approving the Minutes from the Planning Commission Meeting ofJanuary 7, 2008.(Motion) VOTE: 6-0 Commissioner Faessel abstained since he was not present for the meeting 01/23/08 Page 2of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA Public Hearing Items: 2a.CEQAENVIRONMENTAL IMPACT REPORT NO. 330Approved Buffa/Eastman (PREVIOUSLY-CERTIFIED) 2b.ZONING CODE AMENDMENT NO. 2006-00052Recommended City Council Approval Agent:of draft ordinance, Planning Department excluding Sections City of Anaheim 33, 37, 42, 46, 61 200 South Anaheim Boulevard and the erratas Anaheim, CA92805 Location:Citywide VOTE: 7-0 City-initiated request (Planning Department) to amend various sections of Title 18 “Zoning” of the Anaheim Municipal Code to correct various errors and omissions, and clarify text and provide consistency with other Chapters of the Anaheim Municipal Code, including but not limited to, provisions to add a new Section to the code to clarify that any permit, license or evidence issued in conflict with the provisions of Title 18 shall Single- be null and void. Proposed amendments include the following: Family Residential Zones: modify permitted encroachments for accessory uses/structures to be consistent with the California Building Code; add a new section requiring certain accessory structures to conform to setback requirements for the primary residence; modify Multiple-Family required rear yard setback in the RS-2 Zone; Residential Zones: allow modification to setbacks between buildings for Commercial Zones: a planned unit development; amend permitting requirements for Antennas-Telecommunications-Stealth Ground- Mounted; modify Educational Institutions-Business and Educational Institutions-General as uses subject to a conditional use permit; add statement that Self-Storage Facilities be in compliance with Council Policy No. 7.2; add Floor Area Ratio (FAR) General Plan consistency reference; add Automotive-Car Sales, Retail or Wholesale (Office Use Only) as a permitted primary use; add Automated Teller Machines (ATM’s) Exterior, Wall-Mounted as a permitted primary use; add Educational Institutions-Tutoring Services as a permitted use; modify Industrial Zones: Automotive-Car Sales & Rental provisions; modify provisions permitting Circuses and Carnivals; add Floor Area Ratio (FAR) General Plan consistency reference; amend permitting requirements for Antennas-Telecommunications-Stealth Ground- Mounted; add statement that Self-Storage Facilities be in compliance with Council Policy No. 7.2; add provisions for street frontage/land subdivision; add Automated Teller Machines (ATM’s) Exterior, Wall- Mounted as a permitted primary use; add Automotive-Car Sales, Retail or Wholesale (Office Use Only) subject to conditional use permit; add Educational Institutions-Tutoring Services subject to conditional use 01/23/08 Page 3of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA Public and Special Purpose Zones: permit; modify the Transition “T” zone provisions to require General Plan consistency for conditionally South Anaheim Boulevard Corridor (SABC) Overlay permitted uses; Zone: amendment to allow attached single-family dwellings by conditional use permit in conformance with multiple-family zone Mixed Use Overlay Zone: standards; modify requirements for Ground- Types of Uses: Floor Commercial Uses; modify Personal Services- General to include permanent facial make-up; modify Medical & Dental Offices to include colonoscopy and laser hair removal services; add Automated Teller Machines (ATM’s), Exterior, Wall-Mounted; Supplemental Uses: delete time limitation reference for wireless communication facilities approved by conditional use permit; modify parking requirements for home occupations; clarify process for waiving setback and screening requirements for public utility equipment; add Automotive-Car Sales, Retail or Wholesale, Office Use Only; modify Mechanical and Utility Equipment –Roof Mounted for solar energy panels; establish maximum size requirements for flags and banners; Parking: modify parking requirements for bowling alleys, second units, and establish standards for automated parking facilities; add parking requirements for Automotive Car Sales, Retail or Wholesale (Office Use Signs: Only) and Educational Institutions –Tutoring Services; modify window sign definition; modify the provisions for marquee or electronic readerboard signs; modify maximum height of letters and logos for wall Landscape/Screening: signs; modify requirements pertaining to landscape and fence height and type provisions; modify permitted types Recycling: of landscape materials; amend various Chapters to modify standards and procedures related to consumer recycling services; Nonconforming Structures: modify parking requirements in conjunction with the expansion of non-conforming structures in the Anaheim Colony Historic District and the 5 Points Neighborhood; Density Bonus: amend Chapter 18.52 (Density Bonuses) in its entirety to provide consistent formatting with Title 18 (Zoning Code) to allow for additional administrative approvals and various minor modifications and Affordable Housing: clarifications; delete Chapter 18.58 (Affordable Procedures: Multiple-Family Housing Developments) in its entirety; modify the appeal process for Zoning Administrator and Planning Commission decisions; modify responsibilities related to the Zoning Administrative Reviews: Administrator; modify requirements for Variances: Administrative Reviews; modify Special Findings for Definitions: Variances; modify definition of “Lots”; add definition for “General Plan Density”. Project Planner: (cflores@anaheim.net) Continued from the December 10, 2007, and January 7, 2008, Planning Commission meetings. 01/23/08 Page 4of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 14, 2008. DISCUSSION TIME :26minutes (2:41to 3:05) 01/23/08 Page 5of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 3a.CEQAEXEMPTION PER CEQA GUIDELINESApproved Faessel/Velasquez SECTION15061 (b)(3) (GENERAL EXEMPTION) 3b.AMENDMENT TO THE ANAHEIMRESORTRecommended City Faessel SPECIFIC PLAN NO. 92-2 (SPN2007-00052)Council Approval Applicant: City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location:VOTE: 7-0 Approximately 26.7 acres located south of Katella Avenue and east of Haster Street(Assessor Parcel Nos. 137-321-14, 137-321-37, 137-321-40, 137-321-48, 137- 321-52, 137-321-61, 137-321-62, 137-321-85, 137-321- 94, and 137-321-95) (see map below). This is a City Council initiated request to amend the Anaheim Resort Specific Plan by repealing development standards related to affordable housing that are included in the Anaheim Resort Residential Overlay and previously approved by Amendment No. 8 to the Anaheim Resort Specific Plan (SPN2006-00044) Project Planner: (skim@anaheim.net) Specific Plan AmendmentResolution No. PC2008-9 01/23/08 Page 6of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 14, 2008. DISCUSSION TIME :4minutes (3:05to 3:09) 01/23/08 Page 7of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 4a.CEQAMITIGATED NEGATIVE DECLARATION AND Continued to MITIGATION MONITORING PLAN NO. 149February 4, 2008 4b.GENERALPLAN AMENDMENT NO. 2007-00462 4c.RECLASSIFICATION NO. 2007-00210 4d.SPECIFIC PLAN AMENDMENT NO. 2007-00049 4e.CONDITIONAL USE PERMIT NO. 2007-05242 WITH WAIVER OF CODE REQUIREMENT 4f.DEVELOPMENT AGREEMENT NO. 2007-00004 4g.FINAL SITE PLAN NO. 2007-00010 4h.TENTATIVE PARCEL MAP NO. 2007-163 4i.TENTATIVE TRACT MAP NO. 17219 4j.REQUEST FOR CITY COUNCIL REVIEW OF ITEM NOS. 4c, 4e, 4g, 4h and 4i Motion: Eastman/Romero Owner: P A Poon & Son Inc. 16841 Marina Bay Drive Huntington Beach, CA 92649 Agent: West Millenium Homes Derek Baak 1849 Sawtelle Boulevard #600 Los Angeles, CA 90025 Location:2232 South Harbor Boulevard (the vacant Toys R Us site): Propertyis approximately 4.8 acres, having a frontage of 382 feet on the east side of Harbor Boulevard and located 252 feet south of the centerline of Wilken Way. Request to develop a mixed use project consisting of a 105 room hotel, with 14,714 square feet of accessory commercial uses on the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-unit, 3 to 5 story condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the General project site. Proposed project actions include the following: Plan Amendment No. 2007-00462 –Request to amend the General Plan to redesignate the eastern 3.3 acres of the property from the Commercial Recreation to the Mixed Use land use designation; Reclassification No. 2007-00210 –Request for a reclassification to change the zoning on the eastern 3.3 acres of the property from the Anaheim Resort Specific Plan (SP92-2) zone to the Multiple Family Specific Residential, Mixed Use Overlay (RM-4 (MU) Overlay) zone; Plan Amendment No. 2007-00049 –Request to remove the eastern 3.3 acres of the property from the Anaheim Resort Specific Plan and increase the hotel density from Low Density to Medium Density for the western 1.5 acres of the property adjacent to Harbor Boulevard and to permit reduced front and interior setbacks and distance between Conditional Use Permit No. 2007-05242 driveways; –Request to 01/23/08 Page 8of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA permit a mixed use project with 191 condominium units, to include live/work units, for the rear 3.3-acre portion of the property, and for a 105-unit hotel with 14,714 square feet of accessory commercial uses on the front 1.5 acres of the property adjacent to Harbor Boulevard with waivers of minimum lot frontage adjacent to a public or private Development Agreement No. 2007-00004 street; –Request for approval of a Development Agreement between the City of Anaheim Final and West Millenium to construct the proposed mixed use project; Site Plan No. 2007-00010 –Request for approval of a Final Site Plan Tentative Parcel Map No. 2007- for the proposed mixed use project; 163 –Request to establish a 2-lot subdivision to separate the Tentative Tract Map No. 17219 commercial and residential land uses; CEQA –Request to establish a 191-unit condominium complex; and, Mitigated Negative Declaration and Mitigation Monitoring Plan No. 149 –Request for approval of a CEQA Mitigated Negative Declaration (MND) and Mitigation Monitoring Program (MMP) No. 149 for the Toys R Us mixed use project. The MND and MMP has been prepared to serve as the primaryenvironmental document for GPA2007-00462, CUP2007-05242, DAG2007-00004, FSP2007-00010, RCL2007- 00210, SPN2007-00049, SUBTPM2007-163, and SUBTTM17219 and subsequent actions related to implementation of the project. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, and other related actions for the Toys R Us mixed use project. Future actions related to the project that require additional discretionaryreview will utilize this document for CEQA purposes to the extent possible, consistent with Section 15070 of the CEQA Guidelines. General Plan Amendment Resolution No. _____________ Reclassification Resolution No. _____________ Specific Plan Amendment Resolution No. _____________ Conditional Use Permit Resolution No. _____________ Development Agreement Resolution No. _____________ Final Site Plan Resolution No. _____________ Tentative Parcel Map Resolution No. _____________ Project Planner: (dsee@anaheim.net) Tentative Tract Map Resolution No. _____________ OPPOSITION: None DISCUSSION TIME: This item was not discussed 01/23/08 Page 9of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 5a.CEQACATEGORICAL EXEMPTION, CLASS 1Approved Eastman/Agarwal 5b.CONDITIONAL USE PERMIT NO. 2007-05280Approved Eastman WITH WAIVER OF CODE REQUIREMENT Owner: El Bekal Temple Association Inc. 1320 South Sanderson Avenue Anaheim, CA 92806 VOTE: 7-0 Agent: Steven Leu 933 West Alpine Avenue Santa Ana, CA 92707 Location:1320 East Sanderson Avenue: Property is approximately 1.3 acres, located at the southwest corner of Sanderson Avenue (El Bekal Shrine Center) and Phoenix Club Drive with approximate frontages of 268feet on the south side of Sanderson Avenue and 284 feet on the west side of Phoenix Club Drive. Requestto permit a banquet facility with the consumption of alcoholic beverages, in conjunction with a fraternal organization facility with waiver of minimum number of parking spaces. Project Planner: (dsee@anaheim.net) Conditional Use Permit Resolution No. PC2008-10 OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rightsending at 5:00 p.m. on Thursday, February 14, 2008. DISCUSSION TIME :8minutes (3:09to 3:17) 01/23/08 Page 10of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 6a.CEQANEGATIVE DECLARATIONApproved Karaki/Eastman (PREVIOUSLY-APPROVED) 6b.CONDITIONAL USE PERMIT NO. 2005-05023Approved, revised and Karaki WITH WAIVER OF CODE REQUIREMENTadded conditions of (TRACKING NO. CUP2007-05282)approval Owner: Elisa Stipkovich Anaheim Redevelopment Agency 201 South Anaheim Boulevard Anaheim, CA 92805 Clean City Inc. 128 West Sycamore Street Anaheim, CA 92805 VOTE: 7-0 Agent: Ed Perez 5753-G East Santa Ana Canyon Road #131 Anaheim, CA 92807 Location:1108 West Lincoln Avenue (5 Points) :Property is approximately 1 acre, located at the southwest corner of Lincoln Avenue and West Street with approximate frontages of 615 feet on the south side of Lincoln Avenue and 50 feet on thewest side of West Street. Request to amend a previously-approved conditional use permit to refurbish a historically significant mixed use building to permit two apartment units, a public/private park, and a Ruby’s restaurant with sales and consumption ofalcoholic beverages, outdoor dining and outdoor “car hop” service with waivers of minimum number of parking spaces, permitted type of roof, canopy and blade signs, permitted type, size, number and letter height of wall signs, and permitted location of monument signs. Project Planner: (dsee@anaheim.net) Conditional Use Permit Resolution No. PC2008-13 OPPOSITION: None IN GENERAL: One person spoke and oneemail was received in favor of the project. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 14, 2008. DISCUSSION TIME :40minutes (3:17to 3:57)and 7 minutes (4:12 to 4:19) This Item was trailed 01/23/08 Page 11of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 7a.CEQACATEGORICAL EXEMPTION, CLASS 1Approved Faessel/Eastman 7b.CONDITIONAL USE PERMIT NO. 2002-04610Approved Faessel WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2007-05281) Owner: Muller-MacArthur, LLC 23521 Paseo De Valencia Laguna Hills, CA92653 Agent: Zohreh Shayan 125 West Cerritos Avenue VOTE: 7-0 Anaheim, CA 92805 Location:125-157 West Cerritos Avenue :Property is approximately 12.3 acres, located at the southwest corner of Cerritos Avenue and Anaheim Boulevard and having an approximate frontage of 600 feet on the west side of Anaheim Boulevard. Request to reinstate a conditional use permit for an adult daycare with waiver of minimum number of parking spaces and to amend or delete a condition of approval pertaining to a time limitation. Project Planner: Conditional Use Permit Resolution No. PC2008-11 (mashabi@anaheim.net) OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m.on Thursday, February 14, 2008. DISCUSSION TIME :4minutes (3:57to 4:01) 01/23/08 Page 12of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 8a.CEQA CATEGORICAL EXEMPTION, CLASS 1Approved Eastman/Velasquez 8b.CONDITIONAL USE PERMIT NO. 3959Approved Eastman WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2007-05278) Owner: Fiesta Properties LLC Fiesta Mexicana 1950 South Sterling Avenue Ontario, CA 91761 Agent: Robert Vermeltfoort Vermeltfoort Architects, I VOTE: 7-0 8525 North Cedar Suite 106 Fresno, CA 93720 Location:1221 South Anaheim Boulevard: Property is approximately 2.77 acres, having a frontage of 438 feet on the west side of Anaheim Boulevard and 381 feet on the east side of Iris Street and located approximately 200feet south of Ball Road. Request to amend Conditional use Permit No. 3959 to remodel the exterior façade of a retail center and reconfigure the parking area with a new waiver of parking requirements. Continued from the January 7, 2008, Planning Commission meeting. Project Planner: (mashabi@anaheim.net) Conditional Use Permit Resolution No. PC2008-12 OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 14, 2008. DISCUSSION TIME :11minutes (4:01to 4:12) (Following this Item, No. 6 was concluded) 01/23/08 Page 13of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 9a.CEQACATEGORICAL EXEMPTION, CLASS 11Approved Buffa/Faessel 9b.VARIANCE NO. 2007-04741Approved3 wall signs, Buffa added conditionof Owner:approvalrelated to 888 Milan R E LLC, signage design 888 South Disneyland Drive #101 % Claus Dieckell Anaheim, CA 92802 Agent: John Roetman 20361 Hermana Circle VOTE: 7-0 Lake Forest, CA 92630 Location:888 South Disneyland Drive: Property is approximately 3.13-acres, having an approximate frontage of 350 feet on the east side of Disneyland Drive and located approximately 780 feet north of the centerline of Ball Road. Requestto permit two (2) additional wall signs for an existing office building in The Anaheim Resort with waiver of maximum number of wall signs. Project Planner: Variance Resolution No. PC2008-14 (dherrick@anaheim.net) OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 14, 2008. DISCUSSION TIME :35minutes (4:19to 4:54) (Commissioner Eastmanleft the Council Chamber at 4:54) 01/23/08 Page 14of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 10a.CEQACATEGORICAL EXEMPTION, CLASS 1Approved Faessel/Velasquez 10b.MISCELLANEOUS PERMIT NO. 2008-00235*Denied, Recommended Buffa City Council Review Owner: Evangelical Christian 955 West Imperial Highway Motion: Buffa/Velasquez P.O. Box 2400 Brea, CA 92822 Harvey Loebel P.O. Box 3000 VOTE: 3-2 Anaheim, CA 92803 Commissioners Agarwaland Agent: Ross Maxwell Karakivoted no 252 Esther Street Costa Mesa, CA 92627 Commissioner Eastman and Faessel abstained Location:1150 North Magnolia Avenue: Property is approximately 2.3-acres, located atthe southeast corner of Woodland Drive and Magnolia Avenue, having approximate frontages of 260 feet on the south side of Woodland Drive and 318 feet on the east side of Magnolia Avenue. Requestto consider an appeal of the City Engineer’s denial of a request to waive public right of way improvements associated with an expansion of an existing office building. * Advertised as Variance No. 2007-04740 Project Planner: (dherrick@anaheim.net) Miscellaneous PermitNo. PC2008-15 OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February 14, 2008. DISCUSSION TIME :1 hour and 15minutes (4:54to 6:10) 21 minutes (6:20 to 6:41) -reopened (Commissioner Faessel left the Council Chamber at 6:09) 01/23/08 Page 15of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA 11a.CEQA NEGATIVE DECLARATIONApproved Velasquez/Romero 11b.CONDITIONAL USE PERMIT NO. 2007-05279Approved Velasquez WITH WAIVER OF CODE REQUIREMENT Owner: Isaac Alchalel 2663 South Malt Avenue Commerce,CA90040 Agent: Mark Botich Vote: 5-0 CBA Architects 20280 Acacia Street #230 Commissioners Eastman and Faesselabstained Newport Beach, CA 92660 Location:1900 and 1990 West Crescent Avenue :Property is approximately 5.9 acres, located at the southwest corner of Crescent Avenue and Muller Street, having approximate frontages of 618 feet on the south side of Crescent Avenue and 280 feet on the west side of Muller Street. Request to permit school and daycare uses associated with a church with less parking spaces than are required by Code. Project Planner: (skoehm@anaheim.net) Conditional Use Permit Resolution No. PC2008-16 OPPOSITION: None IN GENERAL: 5persons in favor of the projectwere present. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, February14, 2008. DISCUSSION TIME :15minutes (6:10to 6:26) Item No. 10was re-openedfollowing this item 01/23/08 Page 16of 17 JANUARY 23, 2008 PLANNING COMMISSION ACTION AGENDA MEETING ADJOURNED AT 6:41P.M. TO MONDAY, FEBRUARY 4, 2007AT 1:30P.M. FOR PRELIMINARY PLAN REVIEW 01/23/08 Page 17of 17