Planning Commission - Regular Meeting

Good evening and welcome to the Anaheim Planning Commission meeting of October 20th, 2025. My name is Christopher Walker, chair of the Anaheim Planning Commission. As a reminder, planning commission meetings are broadcast on all channels, including online and Anaheim TV channel 3. The first order of business is to salute the flag. Commissioner Tran Martin will lead us.

If everyone will please rise and join me in pledging the flag. Ready? Begin. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. I

next I will ask the planning commission secretary to take a verbal roll call of all planning commissioners. Chair Walker present. Vice Chair Tran Martin here. Commissioner Lieberman here. Commissioner Perez here. Commissioner Castro

here. Commissioner Abdul Raman, Commissioner Kelly, we have a quorum. Thank you. If you would all please silence your electronic communication devices so they don't interrupt the proceeding. We would appreciate that. The doors at the back of the room are automatic. They open when you get close to them and they don't close until you walk away. Please move away from the automatic doors and allow them to close. I would ask members of the public who wish to speak on a public hearing item to please complete the yellow speaker card and give it to staff if you if you've already not done so. The cards can be found on the table at the entrance. First, we provide an opportunity for any member of the public to speak on items of interest to the public that are within the subject matter jurisdiction of the commission that are not on tonight's agenda. Is there anyone who would like to speak? Seeing no one, we will move on to the public hearings. Prior to beginning the public hearing, I will ask the planning commissioner for any disclosures they wish to make regarding public hearing items on today's agenda. None. Please note that the actions taken by the planning commission tonight will be final unless the an appeal is filed with the city clerk. The appeal deadline is Thursday, October 30th, 2025 at 5:00 p.m. Appeal forms are on the are available on the city clerk's web page. I will now begin the public hearing. Item one is being presented by Nicholas Baraha. Good evening, Chair Walker and members of the planning commission. Um, unfortunately, I don't have a

presentation for you tonight. Um, the applicant is requesting a continuence to the next planning commission meeting which we held on November 3rd, 2025. Um, they're still working out um, ironing out some conditions of approval and so they believe they'll be ready for the next planning commission meeting. So, we need a vote on that, right? Does anyone want to I'll make a motion to postpone um this item to November 3rd meeting. I'll second it.

Very good. Vote Five yes votes. The motion carries. Thank you. Short and sweet. I'll give them a chance to switch. Hello Stacy. Stacy Tran will be presenting item two. Good evening, Chair Walker and members of the planning commission. The item before you tonight is a conditional use permit and tenative track map to convert an existing apartment complex into condominiums at 207 Southwestern Avenue. The over 1acre project is developed with a 21 unit apartment complex built in the 1960s located on Western Avenue about 800 ft south of Lincoln Avenue. The property is in the RM4 multiple family residential zone and medium density residential general plan designation. Surrounding land uses include other multifamily residentials to the north, west, and south and single family residential uses across Western Avenue to the east. The applicant is requesting to convert the existing apartments to condominiums. The property includes six residential buildings with 20 two-bedroom units plus one studio unit for a total of 21 units. 30 parking spaces are provided in one or two-car garages with 14 surface parking spaces. Two one-way driveways on Western Avenue provide vehicular access for entering and exiting the site.

These photos show the project entrance on Western Avenue, the driveway into the site, and the surface parking areas. No building expansion is proposed as part of this project. The project conforms to the general plan and development standards of the RM4 zone. Site improvements include the addition of over 700 square feet of recreation space and accessible parking upgrades in the central area of the project. A homeowners association would also be created to manage and maintain the property. Condo conversion projects are considered subdivisions of land and subject to the subdivision map act. The map act requires approval of a tenative track map and a final track map for subdivisions that create condominiums. The condo map allows a property owner to sell individual units while maintaining shared ownership of the common areas. The condo conversion also must be approved by the Department of Real Estate before units may be sold. State law required the owner to provide notification to all existing tenants of their intent of a condo conversion. In October November 2024, the owner sent these letters to tenants through certified mail, which is shown on this slide. The owner will still be required to comply with state laws that provide tenant protections such as ongoing notification during major milestones of the condo conversion process, the right of first refusal of the condo units, as well as relocation assistance. In response to the city's public hearing notice, four letters of opposition were received from residents which have been provided to the commissioners. The applicant will be providing additional information to address resident concerns as part of their presentation. The application provides the owner the ability to sell individual units in the future. The proposed conversion of the 21 unit apartment complex to condominium meets zoning and general plan standards

by maintaining the existing use and density. Minor on-site amenities will be enhanced for the benefit of residents. The project meets the findings for a conditional use permit and tenative trackm. Therefore, staff recommends approval of this application. Thank you. So, this concludes staff's presentation. Um, the applicant is available to answer any questions you may have. Thank you. Thank you. Any commissioners have any questions for staff?

I have a couple. Um, one, the the state planning or state requirements, the planning commission tonight by voting, they they won't actually be converted into condos as of right now. Is that correct? That's correct. They would still have to file a final map with the city, but after that, they would also have to obtain approval from the um Department of Real Estate as well to complete the condo process. And the Department of Real Estates, the stuff where the tenants have certain rights and notifications and a bunch of other stuff. Is that correct? That's correct.

Okay. I don't have any more questions. Does anyone else? Very good. Um Oh. show. Just a real quickie. It's my understanding basically what we're going to approve or not approve is the tenative trap map and that's kind of it. Correct. That's correct. Okay. Thank you. Oh, sorry. And a conditional use permit as well which allows for the conversion. Anyone else? Will the applicant please come forward? Good evening.

Good evening, fellow commissioners. I'm Bob Garrison.

Uh, I don't know if you want my address. Typically, I end up with that. 16800 Aston Street, Irvine, California. I'm here on behalf of the owner, and this is a 90-year-old woman who's owned this property for years and I think probably 40 or 50 years at this point. And really the key here for going to this kind of conversion or requesting this kind of conversion approval is that she upon her passing again she's 90 years old. So upon her passing wants to provide for her children grandchildren u a stake in the the real estate here in Anaheim the city of Anaheim. Again they've owned it for a very long time. I've actually driven the property and been through the property and it is actually in very good condition. and my partner uh Jack Bell will be showing some quick uh little presentation of that. So you can see that also again it's a TTM for condo purposes 21 units and what we know is this is just for the tenative track map and as mentioned by Stacy and it was a great question. We still have to go through the final uh for condo purposes which means we're doing the HOA documents and the CCNRs which the city sorry yeah the city goes through and the city attorney review. So there's a long process. My anticipation usually with final maps is somewhere between 10 and 12 months at least and then the DR process. Here's the thing that we understand. We've seen the letters we get it. We understand that uh concern. Some of these people have been here a very very long time and we've read that those letters. Um we've talked with the the owner and actually the owner's son Barry Pezner and what they are offering up is this. First of all, we can't do anything anyway until we get through the final map process. So we're a year and a half, maybe two years from there. what

we have as a um to to sort of ease the concerns. And Stacy, could you bring up the letter? Our uh Barry Peasner, who is the son, is actually in China at this point in time, but we've talked with him and we actually had him uh go through with us a letter that we pro that we provided him. And what that provides for although it may be hard to for you to read but because of the type but what I want to say is the concept is is that even after the final approval from the city and after the DR process Barry is willing to extend the leases beyond that which is I think is probably two years an additional 6 to 12 months. I'll also say this that the tenants now all but one are on monthtomonth. So this from my perspective is is a pretty nice um offer uh to the to the residents trying to show them and showing them that he is thinking of the the tenants. A number of them have been there for a long time and they've been the owners. So I just offer that up. He is committed to it. That's a docu sign. Um, and we're fine if that's a condition of of the map. But, um, anyway, that's all I have to say other than Stacy's been fantastic and other people that we've worked with at the city have really been helpful. Um, Jack, I'd like you to pop up and just sort of show yours.

Good evening and thank you for your time. Um, I kind of just have one goal up here. Um, you know, I think a lot of times when you're looking at the diagrams from a top- down perspective, it can kind of, you know, be hard to have perspective on what the community looks like and basically sort of what we're working with. Um, so I went out yesterday and I took drone photography of the site. I just kind of want to offer you guys the opportunity to kind of see what this is looking like, you know, and see the character and um, the energy that this place has. So, this first photo here is on Southwestern Avenue um looking west over the properties. And if you can go on to the next and this is looking east here. And as you can see, um, you know, these are great little homes, very similar in ability, but I was very impressed by it because while the area is semi- urban, um, you know, the self, there's a lot of green poos that move through um, the project and definitely, um, was wellmaintained for our money and how we saw it. You can go to the next one. Here's another photo from a different angle. But as we went through and you can go to the next, we saw that everything was very well, was looking great. Um, and we believe that there's been sort of, um, you know, as we saw the community comments coming in, sort of a, you know, characterization of this property as being, you know, sort of rough or unmaintained. You know, we saw images from, you know, areas around in the, you know, surrounding area. You can go to the next one, please. Thank you. Um but what we kind of came to realize is you know obviously our owner can't control um you know the surrounding areas you know or where his property is. But you know we were honestly um very happy to see with how well-maintained this area was. And I just think it's important for you guys just to kind of see what we're working with. You can go on to the next one. And uh this one's important as well because we have current plans. Um you know this is the

area that Stacy was mentioning where we are going to be having site improvements right there. Um, so there's going to be benches and turf added to this area and that is in process right now and our ownership is basically ready to begin those improvements as soon as possible. So that will soon be um an even nicer common space for the residents. Awesome. And this is just one more photo looking out of the street facing unit facing Southwestern Avenue. Cool. Yeah. And I think that is what I have there. Um, I really appreciate your guys' time and I hope that sort of gave everyone a little perspective on property and sort of characteristics of it. Thank you guys.

And Bob, did you have anything else? That's really it. So, we're here for questions if you have any. And thank you for your time. Anyone have any questions? Very good. Thank you, sir. Thank you. Two other speakers. Leilani. Did I say that right? Hopefully.

Hello. Um I was wondering if uh my mom I can take the time with my mom. I I was I was a I'm aware of that. So yes.

Okay. Um I Hello. Good evening. Um, this is my mom, Alice. I'm Leilani. I did hear um some of the plans, but I'm not um I'm still not understanding the timeline or the documentation. Um, so let me just first start off with what I wrote. Um I I did write a lot um and provide it in the staff report, but I just kind of wanted to speak um besides of what's in the staff report. So I just um put that this is my mother, Alice Cruz. She is 77 years old and born and raised in Hawaii. Moved to California and into this residence in 1976. She is a single mother and grandmother and is ra and has raised her children and grandchildren in this residence. One of the grandchildren my mother helped raise his 20 is a 20-year-old is my 20-year-old son. My son has just started his career as a sailor in the US Navy making around 20,000 a year which he cannot which is not enough to purchase a condo. He is currently deployed on a ship and will be out of the country for three years. My son should be focusing on protecting our country and not where his grandmother is going to live. Alice has worked at the same place in Anaheim for over 45 years, takes the same route, sees the same providers and dentists, never been arrested, never been addicted to drugs or alcohol, and has paid rent on time at the same residence for 50 years. Moving would cause great emotional and financial distress. Moving my mom and other tenants could cause them to become displaced when the city of Anaheim already has a housing crisis and most are struggling to pay a monthly rent of $2,000. also meeting an income requirement to rent another unit that is higher than 510 and in my mom's case almost 50 years ago may not be possible. The staff report states that the applicant is not asking for the children to live in the units. They are asking to pass them down as an inheritance which

could be done by selling the property as a whole instead of selling them as in individual units. Page 31 of the staff reports also states that it's the family's intention to retain all the units as rentals with the present tenants to remain in place. The statement is conflicting from the following sentence and it also fails to indicate that the life that there's a lifetime lease or a long-term rental contract will be offered. The following sentence states that the tenants have been given notice as required per state law. However, an upcoming notice would be the right to purchase, possibly the right to purchase. Many may have to refuse the right to purchase due to not being qualified for a loan in addition to paying a homeowners association fee. Could I please ask the commission to ask the owner to clarify these conflicting statements? Um, I would also ask like to ask the commission to please deny this project or if it must be approved that is approved with a contingency clause indicating to retain all the tenants all the units. Wait, retain all of the units as rentals with the present tenants to remain in place as stated on page 31. Um,

I'm ma'am, you have three minutes and I'm going to give your mom three minutes. So, I just wanted to let you know that you've used half your time. half your time. Yeah. Okay. Okay. Very good. I just want to make sure you know.

Yeah. Okay. Thank you. Thank you so much. Um let me just start again. I would like to ask the commission to please deny this project or if it must be approved that it's approved with a contingency clause indicating to retain all of the units as rentals with the present tenants to remain in place as stated on page 31. offering a long-term rental contract or a lifetime lease at market rental rate as well as restrict restricting the sale of the non-vacant units. Thank you for your time. Thank you.

Thank you. Anything else? No. Is there anyone else that would like to speak? Seeing no one, I'm going to close the public hearing and any discussion or questions. Uh this is for staff. So uh hypothetically we approve the process here today. Uh they have to go before the department of real estate. At any point after that, does it come back to the commission or the city council for any approval? No, it does not. Um the final map will go before the city council which will be presented by our public works department. Okay. Got it.

That's not a public hearing. Got it. Got it. Um, and then this question is for the applicant. Uh, if I heard correctly, you guys were immenable to put it as a condition for an extension for two years for the leases. Here's what I said. Okay.

That from Okay, it's a great question. Great questions regards to the timing because I'm sure they don't know the timing and it's hard sometimes to figure out how long it's going to take to get a final map through. So, let's start there. I would say that through the city it's going to take somewhere between 9 and 12 months to get the final map and then we come up in front and typically I'm used to seeing a final map on a consent calendar. That's what I'm used to. That can be pulled if a member of the audience says hey I want to pull item four whatever the and then it goes into a discussion. So that can happen. So from that then we have to go through the GRE process before we could do anything with the process of trying to sell anything. But that's not what's happening here. So the then from the 12 months I'm going to call it plus an additional six to nine months through DR. There you go right there. You're what 18 months away. And then what we said was from the final what that letter said and we have that as an understanding and a commitment. And you asked the question is that a a condition? The answer is yes. It can be a condition. Let's make sure of that. So that we have I'm going to say approximately somewhere between 18 so somewhere between 24 to 36 months of an extended lease and recognizing that everybody save one is on a monthto monthth one of them has till March and that's going to then go to monthto month. So this is a anyway I think it's right. I think it's reasonable and I think it's appropriate. So

um may I ask a clarificate clarification to the applicant? Sorry I'm talking for the last for the conditions purposes. So we just want to make sure we get the language correctly. So are you saying the 36 months from the end of the DR process or you saying 36 months from the date of approval today? Six months from the end of the DR process. Six months after the DR process, completion of DRA process. Okay, Joanne. Six to 12 months. And I'll leave that discretion of Barry who's her client, the son. Um, so um 6 to 12 months after the end of the D process.

Yes. And you know that puts puts a lot of onus on us to get that done too. So I mean that's that's part of the equation. But anyway, thank you for understood. Any additional discussion? Does anyone want to make a motion? Uh I'll make the motion that we approve it uh with approval condition of 12 months after the final of the DR if um if we're amunable to that change from the

that's offering a lease for that time or not evicting or what? correct to to what they commit uh committed to which was extending the lease offer after the DR is final. I believe the letter said 6 to 12 months. I'm saying just so we can

is the applicant okay with that. If I could just confirm 12 months from DR approval of the condominium conversion and during that time the tenencies would remain monthtomonth. There would not be any removal for anything other than cause. If there is a tenant who is not complying, they could still get evicted for a cause and then all the other notices would still be um provided to those tenants should there be a desire to purchase. Okay. Appreciate that. By the way, thank you for that.

Is the applicant okay with the motion as made as clarified by councel? One more time on that, please. Can I get the uh motion just repeated back, Leone?

Sure. So the motion is is recommended to approve the conditional use permit and tenative trackm number 19350 with a change to the recommendation to one condition restricting uh termination of tenencies with um within until after 12 months from approval by the department of real estate of the condominium and conversion except for cause And during that time, the tenencies would remain as is under their current leases or monthtomonth. We're on board. Yes. Very good. Is there a second? I'll second.

Any discussion?

I have discussion. Um, I would just like to say to u Miss Beachch and her mother, I understand and really feel for your circumstances, but for no logical reason can I vote this down. Um, the, you know, with the owner of the property as elderly as they are, the the writing's on the wall, big change is going to happen. you know, whether it's next year in 10 years, um something's going to end up happening with this property and it it could be much much worse. So, so that's all I've got to say. Thank you. Anyone else? Shall we vote? Five yes votes. The motion carries. [Music] Good luck to you too. You have a good two two and a half years. So Scott All right, I've got a few announcements for you this evening. Um on November 3rd, our next planning commission meeting, uh we will have the continued item from this evening as well as a senior living facility. Um this is a smaller um senior living facility of about 10 residents in an existing building. On November 17th, uh we will have our annual code update. We will have the OC Riverwalk EIR presented by our community services department. We'll have the final site plan for parking deck A at OC Vibe and we will have the Nahim Hills Festival

residential development at the former movie theater site in the festival shopping center. On December 1st, we will have a a request from the Windham Hotel and the resort for density modification. Um we will have two more final site plans from OC Vibe including the south plaza and the residential component. So I can be thankful to say we don't have any council items in the future at the moment. Go ahead.

Before you adjourn us, I just want to remind everybody or let people know who aren't aware that this Saturday is the Anaheim Fall Festival and Parade. I believe it's the parade's 101st or 102nd year um that it's been going on and it's pretty darn amazing. So um it's on the Annot City's website if you want to check it out. Anything else? We are adjourned.