The URL can be used to link to this page

Minutes-PC 2002/07/01. CITY OF ANAHEIM PLANNING COMMISSION MINUTES MONDAY, JULY 1, 2002 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSf?~I. ~T~3~IY_,.,~RNOLD ~ • AGENDA POSTING ~~ omplete ~t~py«of the~Plann~ing Co ~ssici~Agenda t~uas pdsfed~ t 2:00 p.m. on Thursday, June 27, ~0 insl~e th~e~d~s~a ca`se locat~ inM~he fo ~r~"~-the~o~an~il Ch~a ers, and also in ~ ~~ ~~ ~ ~~ the outside display k~ sk FEE~~ fr~ ~ p~ ~`~ y ~ ~ ~~ c `~, ¥ ~ y2 ~'~ ~ ~ N"~,~~ .,-~ ~ ~,c„ ~ 4z E ,~'', ~ ~ .s-` „~;,~~~~ a,~...~.. E~~ ~~. „ ~ `~~ ~: PUBLISHED: Anah~irri ~Bu~l~ti~~e ._ ~~~~~~_ ~er on Thursd~W;~`Jun~~~20(~~: ~~ ,,.~,< ~~ ~ ~ ~ ,~ ~ ,~, ~~~,~ ,E CALL TO OR[~$EI~ ~ ~ ~~~~ -q~ ~~ ~ . ~~" ~ ,~ ~~~~ ~~~ ~ ~ G, ` F~, , ~ ~ W. ~ ~~~~ ~~; ' " PLANNIN~~OMMISS~ON,~MO~IIla1~C~ESS~ON,11 ~0 A M ~~~ • STAFF l~F~~ATE ~'G3 G~MM~~~) ~f`~ VAR~C~I~S~C~"~ ~~ ,,. DEVELOP N~ ~V4~ISSt1~S~1~S I~EQUE~T~~ ~~ PLANNING~S.,;4VI11~[~S~v`l ~~;; ~` `~ ~ ~~~ ~ ~ ~ ~ ~ : • PRELIMINARY~~:AN R~ ~~ ~h ~~v1~ ~ ~~ ~~ ~ ~ -~;; ~ ~ _ ~ ,--" RECESS TO AFTERNOON PUBLIC HEA~tI ~SS~(~N ': ~:~~ z, RECONVENE TO PUBLIC HEARING 1:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card and submit it to the secretary. PLEDGE OF ALLEGIANCE: Commissioner Bostwick PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAUMINUTESWC070102.DOC lannin commission anaheim.net JULY 1, 2002 PLANNING COMMISSION MINUTES ~ RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PLANNING COMMISSION APPOINTMENTS: Appointment of a Planning Commission Chairperson (Motion) Appointment of a Planning Commission Chairperson Pro-Tempore (Motion) Appointment of a Planning Commission Representative to the General Plan Advisory Committee (GPAC) (Motion) ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby elect Commissioner Paul Bostwick as Commission Chairperson for 2002/2003. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby elect Commissioner James Vanderbilt as Commission Chairperson Pro-Tempore for 2002/2003. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby withdraw the request to appoint a Planning Commission • Representative to the Generaf Plan Advisory Committee (GPAC). FOLLOWING THE APPOINTMENTS Tony Arnold was acknowledged and presented with a plaque for his service to the Anaheim City Planning Commission. He then thanked the Planning Commission and staff as he proceeded with a farewell as Commissioner. Tony Arnold left the Council Chambers. (1:40 p.m.) PUBLIC COMMENTS: NONE This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. • 07-01-02 Page 2 JULY 1, 2002 PLANNING COMMISSION MINUTES u CONSENT CALENDAR: item 1-A through 1-D on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), for approval of Consent Calendar Items (1-A through 1-D) as recommended by staff (with modifications to Item 1-D on pages 18, 51 and 68 of the June 3, 2002, Planning Commission Minutes) UNANIMOUSLY APPROVED • • . REPORTS AND RECOMMENDATIONS A. a) CONDITIONAL USE PERMIT NOS. 369 AND 1502 (TRACKING NO. CUP 2002-04568) AND ADMINISTRATIVE ADJUSTMENT NO. 73 (TRACKING NO. ADJ 2002-00224) - REQUEST FOR TERMINATION: Cal-Asia Property Development, Attn: Robert M. Ozell, 1517 South Sepulveda Boulevard, Los Angeles, CA 90025, requests for termination Conditional Use Permit Nos. 369 and 1502 and Administrative Adjustment no. 73. Property is located at 1001 North State College Boulevard. TERMINATION RESOLUTION NO. PC2002-102 Terminated (Vote: 5-0, with one Commission vacancy and Commissioner Boydstun absent) SR8332JR.DOC 07-01-02 Page 3 JULY 1, 2002 PLANNING COMMISSION MINUTES • • • B. a) CEQA EXEMPTION SECTION 15061 (b)(3) GENERAL RULE AND ZONING CODE AMENDMENT NO. 2002-00018 - REVIEW AND APPROVAL OF ZONING CODE AMENDMENTS: City of Anaheim, Pfanning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, requests review and approval of code amendments relating to handicapped access and elevators in multiple-family zones. ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061(b)(3), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from the requirements to prepare additional environmental documentation. Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby recommend that the City Council approve the attached draft ordinance pertaining to handicapped access and elevators. Concurred with staff Recommended to the City Council approval of the draft ordinance (Vote: 5-0, with one Commission vacancy and Commissioner Boydstun absent) SR1173JD.DOC 07-01-02 Page 4 JULY 1, 2002 PLANNING COMMISSION MINUTES • C. a) CEQA EXEMPTION SECTION 15061 (b)(3) GENERAL RULE AND Concurred with staff SPECIFIC PLAN ADJUSTMENT NO. 2002-00020 - REQUEST FOR Recommended to the City A SPECIFIC PLAN ADJUSTMENT: City of Anaheim, Planning Council approval of Specific Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, Plan Adjustment, as outlined requests a Specific Plan Adjustment to allow hospitals with a in the draft ordinance Conditional Use Permit in the Northeast Area Specific Plan(SP 94-1) (Northeast Area), Development Areas 3 and 4. (Vote: 5-0, with one ACTION: Commissioner Koos offered a motion, seconded by Commissioner Commission vacancy and Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun Commissioner Boydstun absent), that the Anaheim City Planning Commission absent) does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061(b)(3), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from the requirements to prepare additional environmental documentation. Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby recommend to the City Council approval of Specific Plan Adjustment No. 2002-00020 as outlined in the attached draft ordinance containing modifications to the Northeast Area Specific Plan (Adjustment No. 8) to conditionally permit hospitals in the La Palma and Transit Core Areas (Development Areas 3 and 4). SR2111 DS.DOC r ~ ~J • 07-01-02 Page 5 JULY 1, 2002 PLANNING COMMISSION MINUTES • D. Receiving and approving the Minutes from the Planning Commission Approved, with Meeting of June 3, 2002. (Motion) modifications to pages 18, 51 and 68 Continued from June 17 2002 Planning Commission Meeting. ACTION: Commissioner Koos offered a motion, seconded by Commissioner (Vote: 5-0, with one Bristol and MOTION CARRIED (with one Commission vacancy and Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission Commissioner Boydstun does hereby receive and approve the minutes for the Planning Commission absent) meeting of June 3, 2002, with the following modifications: Corrected page 18, the 15t sentence of the 13th paragraph as follows: "Commissioner Bristol ba~d states it is common knowledge that he loves speed bumps and states it might be a perfect opportunity for the applicant not to install additional landscaping and the traffic could continue approximately three areas down the road." Corrected page 51, the 14~' paragraph as follows: "Commissioner Bristol ~awtcwd states he is not sure 40 years is enough time." Corrected page 68, the 5th paragraph as follows: "Commissioner Koos baai~cc~ states that Ms. Kight spoke eloquently but long. He commended her for speaking so eloquently and affirmed he would hire her if he had a case." ---------------------------------------------------------------------------------------------- Receiving and approving the Minutes from the Planning Commission ----------------------------------- Continued to July 15, 2002 • Meeting of June 17, 2002. (Motion) (This item was not discussed) (Vote: 5-0, with one Commission vacancy and Commissioner Boydstun absent) ~ 07-01-02 Page 6 JULY 1, 2002 Pl.ANNING COMMISSION MINUTES • PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION, CLASS 1 2a. WAIVER OF CODE REQUIREMENT 2b. CONDITIONAL USE PERMIT NO. 2002-04555 (READVERTISED) 2c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00007 OWNER: Alpine Development, 13707 Holt Avenue, Santa Ana, CA 92705 AGENT: EI Gaucho Market, Attn: Carlos Patti, 4706 West 191St Street, Torrance, CA 90503 LOCATION: 847 South State College Boulevard. Property is approximately 0.33-acre having a frontage of 100 feet on the west side of State College Boulevard located approximately 170 feet north of the centerline of Morava Avenue (EI Gaucho Market). u CONDITIONAL USE PERMIT NO. 2002-04555-Request to permit a convenience market in conjunction with a delicatessen with the retail sales of beer and wine for both on-premises and off-premises consumption with waiver of minimum number of parking spaces. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. Z002-00007-To permit retail sales of beer and wine for off-premises consumption within a proposed convenience market and delicatessen (request for withdrawal). Continued from the June 17, 2002 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-103 Concurred with staff Approved GI'anted (the retail sales of beer & wine portion of the CUP, granted for one year to expire on June 17, 2003) Withdrawn SR8343AN.DOC Greg McCafferty, Principal Planner, introduced Item No. 2 as Conditional Use Permit No. 2002-04555, Determination of Public Convenience or Necessity No. 2002-00007, 847 South State College Boulevard - EI Gaucho Market, a request to permit a convenience market in conjunction with a delicatessen with the retail sells of beer and wine for both on-premises and off-premises consumption with waiver of minimum number of parking spaces and a request for withdrawal of the CUP to permit retail sales of beer and wine for off-premises consumption within a proposed convenience market and delicatessen. Staff recommends approval of the project. Applicant's Testimony: Carlos Patti, 847 S. State College Boulevard, representing EI Gaucho Meat Market, states they took the time to visit the neighborhood and talk to the people and found out people think they are going to put in a pool table, bar, etc., but actually it is a mini-market which specializes in South and Central American products. It is ethnic in contexts but has a lot of American products; sodas, beer and wine as well as products from Spain and Italy. • He states they are actually going to benefit the area not only the neighborhood. They are very regional and a store like theirs is not found around very often. The eight years they have been in Redondo Beach, 07-01-02 Page 7 JULY 1, 2002 PLANNING COMMISSION MINUTES • they have drawn customers from Orange County. So, given the opportunity, the entire community is going to benefit. The City of Anaheim is a very diversified city. They have the very best interest in improving the property they have purchased. The hours of operation are from 8:30 a.m. to 8:00 p.m. There is no live entertainment and no pool tables. The only area of consumption of alcohol and food is limited to a deli section, which is very small in size, approximately 450 square feet. Everything else is market. They have a large kitchen because they produce a lot of the things they sell. They bake their own desserts; make their own sausages; have a full meat department; have a full deli and specialize in South and Central American products. He does not feel they are going to be a competition to the area but instead will enhance the area. Public Testimony: Dennis Carlson, 2762 E. Norm Place, Anaheim, CA, states he is the owner of the residence located at 1832 E. Norm Place, which is now occupied by a tenant. The property is immediately to the rear of the proposed facility, on the northwest corner of the rear of the property, one lot removed over. He has had the property for approximately 35 years and knows the area fairly well. He occupied the property until approximately 12 years ago and would like to get a couple of items out front. He viewed the documentation that was provided by the Planning Department and several questions came into mind. Although the hours of sale indicate they are 9:00 a.m. to 8:00 p.m. there is nothing there pertaining to the hours of operation or onsite presence which may start 5:00 - 6:00 a.m. and end at 12:00 - 1:00 a.m. Obviously, the type of operation is going to have a volume of commercial traffic delivering goods, etc. It is going to have preparation and clean up operations that are going to create noise and impact that is going to be outside the building. The major concerns would be the noise impact and the light impact through the residential property immediately through the rear. Parking is in the rear. It is a transit-oriented business as far as parking goes. There will be a limited amount of people coming in and • eating on the premises but a large volume coming to the property only to park, get their items and move off. He foresees traffic immediately adjoining the residential properties as an impact problem. The area had a mini-mart that had beer and wine sale for a long time. There is a restaurant northerly of the site that has beer and wine sales and another restaurant farther north of it. The staff report indicates there are five licensed beer and wine facilities with two more pending and that does not include the subject license. He asks, at what point is there control on how many beer and wine facilities are in a given area? You get three or four pending and all of a sudden that gets approved by the ABC (Alcohol Beverage Control), is that after Commission approvals? If it is, then you have over populated an area with sales of beer and wine. There is a high school and jr. high in the immediate area that have traffic along State College Boulevard, both pedestrian and motor vehicular. It is a high movement area. The subject driveway is a single source driveway off of State College Boulevard that feeds the rear of the property and there will be a lot of movement in and out of it. His tenants have a one-year-old that lives in the bedroom closest to the facility and there again it goes to a.m., p.m. noise problems that might arrive or any kind of domestic disturbances that might come from alcoholic beverages being sold on the site. Pantelis Antoniou, 1722 E. South St., Anaheim, CA, owner of Fialdini's World's Best Pizza, Pasta & Subs, three doors from the subject site, states there is no parking. Not sufficient enough parking to accommodate the volume that the applicant expects he is going to do. He has a store next door and has just enough parking for himself. He has problems with people parking in his parking lot and going to eat somewhere else. He has the vehicles immediately towed away and gets into friction with people and problems with police, etc. If there was sufficient parking he would not mind the applicants moving there because he is not afraid of competition. He has been there for 16 years. He is a winner and is not going to be a loser. He has a beer and wine license but keeps it in low profile. When customers come in, he asks how old they are and if they are under 30 he would know right away. He has to police the kids as they pass by • from the schools, especially between 2:30 and 3:30 p.m. because they steal his beer. 07-01-02 Page 8 JULY 1, 2002 PLANNING COMMISSION MINUTES • His parking lot is full at peak hours and there is no room for someone else to park in his parking lot. He is considering policing his property so that the problem is not enlarged. At the non-peak hours he always has between 10 to 40 cars but never knows how many would show up, maybe 10 today and tomorrow 30 or 50 even in the non-peak hours. At night he has a gate and closes his property because the people dump things inside, drink beer, etc. His neighbors, on both sides, have chains to protect the area and to keep it livable. He feels another beer and wine license would only corrupt the area, not provide any good. Across the street from his property is a supermarket that has any type of ethnic food "under the sun," including Greek. "I am Greek and there is no need, there is no importance". He understands it is important for business and the City of Anaheim, but for the people, for the area, there is nothing that they cannot find in their area, "we have everything wherever we go". Paul Kluthe, 2251 Lake Forest Circle, La Habra, CA, states he has known "Pete" (Mr. Antoniou) for many years. His place is less than 1000 square feet. He has between 46 and 50 spaces and has had to chain off his property. His family owns the adjoining property to the south. He is present representing his father, Gilbert Kluthe. They have been property owners in Anaheim for 80 years. His father is a retired head of field engineering for the City of Anaheim and is responsible, primarily, for the development of State College Boulevard. He was a senior field engineering inspector as well as the acting field engineer when he retired and is very familiar with the problems in the City. They own the largest properties on the block and also own a commercial development place. The part for Mr. Antoniou's deli is only about 1,000 square feet. He has 46 spaces and at peak he has between 35 and 50 people standing and sitting in his deli operation. He is primarily concerned that the property will really tax the neighborhood and the surrounding commercial developments for parking. There are 23 spaces being asked for but the code calls for 44. This is calculated at a 38 width with at least 79% of the parking spaces always available. That is approximately 18 spaces but when you have employees and staff you consider approximately ten employees working on two shifts. There may be between five and ten people that overlap hours in the middle of that because it is only opened from 9:00 a.m. to 8:00 p.m. The study was conducted on the ~ Redondo Beach operation, not on the second busiest street in Anaheim and probably northern Orange County, which is State College Boulevard. The study did not include employees and did not mention the fact that it was based on the facts considering the markets peak hours. The staff report talks about it being considered at and calculated on the peak hours of the market operations but when you have 15 seats in the restaurant itself, that is no minor thing. Mr. Antoniou has between 35 and 50 every single day. He grew up on the property before they had their commercial development and has been around Mr. Antoniou's operation for years and eats there every once in awhile and there are always between 35 and 50 people. He has 16 seats so people stand around, put in orders and have to wait. He states, "I say here today, publicly, we want them to have a successful and viable operation." It is important for the neighborhood that there is something that works for the neighbors, the commercial operators on the street as well as for the good of Anaheim. But He feels Commission needs to table the request until a realistic study is conducted on parking in the area. A neighbor (Phil) will be represented by his wife, and he is very worried over that. He has been there many years with a very successful, prominent school and florist operation that is well known throughout the area. So he would like to see Commission table the request until they can get a realistic study conducted by an Anaheim enterprise that will consider realistically what the parking problems are. His family's property is located within 100 yards of the subject property and they have to chain it off. They have 47 paved parking spaces and in the past people have come over from both sides of their operation and parked on their property. They do not need another business and if it only has 23 spaces, not considering the fact that there are going to be deliveries made during the daytime with delivery trucks blocking parking spaces. If the applicants do not have a back door, there would be no place for them to take deliveries. When the refuse trucks come through they will block parking spaces for a few minutes and they have to have turn around space. He does not feel this was adequately considered. The area is slightly above the crime rate for the City. There is a very serious transient problem at Boysen ~ Park located within 1000 yards. Transients buy package liquor, consume it and defecate on their property. He does not see within the plans, a public restroom in the deli. It is the year 2002 and there needs to be a public restroom in the deli for people who are drinking wine and beer on premise and have 07-01-02 Page 9 JULY 1, 2002 PLANNING COMMISSION MINUTES • to relieve themselves. Everyone in the area has problems picking up feces. He recently called the police from somebody relieving himself after drinking beer and wine on the back of his property and he does not want to contend with that. There are three public schools in the area; South Jr. High, Katella High School and Boysen Elementary located within a few 100 yards of the proposed operation. Many hundreds of students walk up and down the west side of State College Bouievard each day. He would like to see Commission do as the courts do and have a prove up hearing basically to show that it has been adequately dealt with for the very narrow ingress and egress coming out of the area. People are going to be drinking onsite and carrying packaged liquor and what is to say they cannot carry packaged liquor off into the local areas. The staff report indicates it was to be limited to six-packs or better. He feels that is fine and great, but would rather not see people carrying out single orders of "booze", walking someplace else and consuming it on anyone's property. It is currently a problem and they do not need to have it exacerbated. He states, "the parking situation is ludicrous the way it is planned right now. Something better has to be done because there would be approximately 25 people in the restaurant; the employees and the people, at peak times and that is not considering anyone in the markeY'. He feels the delicatessen is not just a couple 100 square feet, it is programmed out at over 1400 square feet, another 50°/a bigger than Mr. Antoniou's place which has approximately 50 people during the lunch hour. It is something in the future he feels may be a problem. He is happy to see the police report in the staff report and feels it should seriously be considered and also put a probationary period on the operation so that no one would return before Commission within the year. An indefinite issue that needs to be noted is the report calls for approximately 15 seats in the deli but that ~ should be lined out in concrete. They should know right now what approximately 15 seats are. Everyone knows that at deli operations there are lots of people standing around at peak hours and coming for happy hour in the afternoon, but they are not even talking about that, they are talking about the deli hours. The residents do not want problems. His family had a restaurant operation on their property that they had to close because it was too much for the person who was getting close to retirement age and could no longer do it right. They closed the restaurant in the interest of the City and their neighbors. Because of the proximity of the schools, the heavy traffic at baseball season, the thousands of cars that go up and down the street at 5:00 p.m. and the hundreds of children that pass by each day, serious consideration should be taken. Catherine Hillen-Rulloda, 843 S. State College Boulevard, Anaheim, CA, states she and her husband (Phil) own their business. They are adjacent to the subject property. She wished to echo what Mr. Kluthe said about being excited about having a neighbor, a quality neighbor in the neighborhood. They have owned their building since 1994 and always hoped they would get a neighbor that had an interesting business. In looking at the layout she has very serious concerns about the parking. Eight years ago she and her husband stood before Commission getting a variance for their school-floral design. They were limited by the City of Anaheim to 16 students due to their parking situation. They have been there for eight years and have had absolutely no problem with parking, their neighbors or any of the surrounding businesses. She feels the way the proposed business is set up is going to really tax the parking lot. They share a very narrow ingress, egress to the rear of the building. Their property has seven spaces in the front and the remaining in the back, approximately 15 to 17. The subject property has three spaces in the front and her understanding is that the vast majority of the customers will be directed to the back of the lot and it is hard to believe that the customers will actually back around to the back of the lot. What is more likely to happen is the customers will park in front of their flower shop. The vast majority of their business in the retail site of the shop is done via the telephone as is the flower shop but they still need parking space for • their customers. They are concerned if a customer comes to their store to pull in and if there is no space for them to park they will just continue to drive. 07-01-02 Page 10 JULY 1, 2002 PLANNING COMMISSION MINUTES • Also, because of the narrow ingress and egress the majority of the trucks that deliver to their business comes either earlier in the day, approximately 8:00 a.m. or they are smaller vehicles such as slightly large panel vans or slightly larger pickup trucks. Typically their customers that are temporarily there come to the front, park, get what they need, and leave. The students park in the rear and their cars stay there all day so they do not have traffic issues of getting in and out of the back of the lot. With the subject proposal, there would be a lot of traffic moving in and out between the buildings on a daily basis. She wonders what wiN happen when they start having delivery vehicles. With the size of the ingress and egress, larger trucks could stop the work for all of them for quite some time and really slow down their businesses. She is very concerned about the shared parking. She is concerned that the patrons of the subject business will park in the front of their business and not permit their customers to park. Previously there were two businesses, a carpet store and a thrift shop. The thrift shop customers often parked in front of their store for long periods of time when they browsed, to the point where they had to continually go over and ask if they would please ask their customers to move their cars. She can see it only getting worse with the deli because the building is really not geared towards retail. She feels the solution is to make the entrance at the rear of the building, if the parking is to be that case otherwise, it will definitely infringe upon their business. She is also concerned about the amount of employees parking, if there are ten employees and there will be shift changes, that is a substantial number of parking spaces that will be taken up for such a business. She concurs what Mr. Kluthe menfioned with the one-year probation period, thinking its service would be renewable over a course of time. They would like to see it work in terms of a business where there is a good flow of customers. The product mix is absolutely no problem for them. They are more concerned about the impacts upon their businesses. Barbara J. Morris, 1830 E. Verde Place, Anaheim, CA, states their property is directly behind the market and they have owned and lived on the property for 41 years. She was born in Anaheim and is glad to ~ see Anaheim growing. Their family is opposed to the market selling alcoholic beverages on and off premises due to the mini-mart that was on the corner. There are many transients in the area and they have thrown beer and wine bottles, etc., over their fence and have set a car on fire. Recently there was a truck, which somebody was living in and there was no available restroom. They are concerned with the noise from customers cars, delivery trucks early in the morning, commercial trash trucks which usually come at 5:30 a.m. or 6:00 a.m., hearing the dumping of bottles into the trash bin, people who would be lagging around after hours or outside drinking and using foul language and also the loud music from many of the cars that would be pulling in behind after making their alcoholic purchases. They are opposed to the rear parking entrance because it would create several different items that would be a hindrance to them. They have a low fence that is only 5'5" high with a brick wall across and people have been throwing bottles, etc, into their back yard. People can see into the yard and they would definitely want it built up at least 2 feet. She is also concerned for her husband's medical condition. He is totally paced, on oxygen, needs air circulation and his rest. Their peace and quiet would be lost with the noise, trucks coming in and out, people using foul language and odors that might come from the trash bins if they are too cfose to the wall. The staff report indicates putting shrubbery in a planter after the wall is built. They are concerned with what type of shrubbery they would put in that the roots would not grow and crack their walls or grow over the fence and especially they do not want bamboo. Raising the fence would be the most important part. She feels there is ample supply of places where people in the immediate area can purchase beer and wine and there are many schools in the area. Louise Armstrong, 1831 E. Verde Place, Anaheim, CA, states she has resided at her residence since 1961 and it is common with the property that Mr. Kluthe owns. She is opposed to the off-site sale of liquor. There is an Albertson's and many on-site sales of liquor. She understands that when people go to the deli they might like to have beer or wine and she is not opposed to that, it is the off-site sale because ~ it creates many problems. She is very sympathetic with the concerns of Mrs. Morris because she also had the issues of privacy, noise, transients peering over the wall, throwing things over the wall, making unscrupulous remarks to her young daughter, using foul language, fighting, etc. She is also concerned 07-01-02 Page 11 JULY 1, 2002 PLANNING COMMISSION MINUTES • with the number of young students coming from schools, and feels they are going to try to go in there for a sandwich and buy a beer. The applicant has to be very careful of that. The parking problem is going to be horrendous. The neighborhood is lovely right now. The Anaheim Police Department seems to be keeping things under control although they do have problems every once in awhile with people in the vacant property behind her property. She can hear them and they store stolen things back there. She does not want any of the problems to escalate. ApplicanYs Response: Mr. Patti states he took notes and will try to answer all the questions. 1) The delivery time will be from 8:30 a.m. to 11:00 a.m. That should not be an issue. 2) There is no increase in lighting. The lighting remains the same as it was designed in 1974. 3) The issue of the parking; His understanding is if he was going to totally eliminate the sit-down deli, he would qualify under the code. When the City took the deli into consideration, they figured it out by taking the two restrooms, the kitchen area, part of the storage and the seating area as part of the restaurant and that is how they come up with 44 parking spaces. 4) There are two handicap restrooms proposed in the project. 5) Drinking is very limited. There is not going to be a consumption of alcohol without food. You cannot go there, sit down, drink beer and do nothing. You have to have it with food. 6) Regarding the concern people have with people buying liquor and drinking it someplace else, "we ~ have no control over that. We have control to make sure that they are not under age and they are not intoxicated. They are not really breaking the law. That is something no one has control over". 7) As far as the competition, he understands that at times people get a little concerned when another person or another business comes into the area. For example, you can go to Albertson's and will not find 80% of what they have in the store. Albertson's do not have what they specialize in. They are strictly an ethnic oriented type of business. That is the reason for the research. The study was on Redondo Beach because they could not find a similar store in the City of Anaheim or in Orange County. The decision was made to use the one in Redondo Beach, which included the employees in that study. It was done at peak hours three times a day for three days in a row". 8) The issue of selling single beer or single wine coolers is one of the requirements the police have. It would be sold in six-packs or four-packs. No single units will be sold. 9) They have been in Redondo Beach for eight years. The record speaks for itself. They have not had a problem with the Police Department, ABC, etc., and are good neighbors. 10) When the neighbor referred to the driveway to get into the back of the property, his understanding is the driveway sits on his property. There is clearance for a trash truck to maneuver in the back. That is in the plans. 11) Regarding the noise in the back and people referring to transients, the entire property in the back is fenced. There is a gate that is closed at night and walls all around. They are new to the area and willing to work with the neighbors to make sure the noise factor is not a problem. If they need to increase the size of the fence, that would not be a problem. He feels with being in business for eight years in Redondo Beach they should not really have a problem • in the subject location. Commissioner Koos asked if he has read the staff report and all of the conditions of approval. 07-01-02 Page 12 JULY 1, 2002 PLANNING COMMISSION MINUTES • Mr. Patti responded yes. Commissioner Koos states Condition No. 2 states the hours of operation shall be limited from 9:00 a.m. to 8:00 p.m. Monday through Saturday and 5:30 on Sundays, and asked if that is acceptable. Mr. Patti responded yes. Commissioner Koos states because you mentioned deliveries at 8:30 a.m. Mr. Patti responded hours of operation, meaning that they are opened. Commissioner Koos states that was a point the neighbors brought up about what do hours of operation mean, open versus operating hours. He asked Mr. McCafferty, by City staff definition of operations, whether the discussion is operating hours not just when they are opened. Mr. McCafferty responded that is true. Commissioner Koos states we should either modify that to 8:30 a.m. or the applicant would have to understand that the earliest he could operate is 9:00 a.m. He asked Mr. McCafferty if the condition based upon his submittal and his understanding of hours of operation. Mr. McCafFerty responded, "the letter of operation". Commissioner Koos wished to clarify, "so, you based that upon his letter?" ~ Mr. McCafferty responded that is correct. Commissioner Koos clarified he probably should have stated 8:30 a.m. if he intends to deliver at 8:30 a.m. Mr. McCafferty responded that is correct. Commissioner Koos states it needs to be clarified. He asked Mr. Patti if he understands that it is a one- year trial on the alcoholic issue. Staff report in Condition No. 1 reads, "That the retail sales of beer and wine for on-premises and off-premises consumption portion of the conditional use permit shall expire one (1) year from the date of this resolution on June 17, 2003". "We do that often times just as editorial here to see how this goes and that is why this condition is in here". Chairperson Bostwick wished to clarify the motion for withdrawal of the Determination of Public Convenience or Necessity. Mr. McCafferty states the reason for withdrawal is because of the type of license they are requesting which is on-sale with off-sale privileges, the jurisdiction of that PCN determination is with the Department of Alcoholic Beverage Control. Commissioner Koos states he has not seen this type of license before as well as the privileges. He asked Mr. McCafferty if he could explain for Commission's sake as well as the public's. Mr, McCafferty states staff has not seen it before either. It is one of the first times they have ever encountered it and they do not know the specifics of how it would operate. Mr. Patti states he has an understanding of it. Every on-sale license has privileges of off-sale. You can • go to a restaurant and actually buy a bottle of wine, they would put it in a bag and you would take it with you. Privileges mean that they are allowed to sell off-sale in six-packs and regular off-sale, etc., and they have to put a limitation on more than 10% of your sells to be off-sale. Usually the City would like to see 07-01-02 Page 13 JULY 1, 2002 PLANNING COMMISSION MINUTES ~ two licenses because it is more money for them. They have a 41 with privileges in Redondo Beach and it works just fine for them. The amount of alcohol they are speaking of does not exceed anymore than what is customary for a mini- market, which would be in the range of about 5 to 7%. The reality of the beer and wine is they do bring wines and beers from South and Central America which is really different and unusual and cannot be found any other place, in addition to their regular American beers. He feels they need that. Alfred Yalda, Principal Transportation Planner, states there was a parking study done. Because it is a unique type of use they went to Redondo Beach and the study was done there. Their peak amount was 18 cars. The City generally add 15% to that peak amount to make sure that if somebody comes in there would be adequate parking. Based on that, they determined that 21 parking spaces would be adequate for them at their busiest time of day. He feels they need to modify their striping plans for backing up out of their parking stalls but that is something that could be done easily. He understands a lot of people were complaining about the driveway and feels the driveway could easily be widened. It currently shows 18 feet but he would request a condition to redo the driveway to meet the City standard of 24 feet minimum. Mr. McCafferty states if they had 5 less seats in their establishment they would not be discussing a parking waiver because if it is 10 or less seats, the code allows it as a normal retail use without additional parking that would be allocated towards fast food. Chairperson Bostwick asked who actually controls the gates that close between the flower shop and the ~ subject property. Mr. Patti states his understanding is that it falls in his property. By talking to Mr. Rulloda, there is a box in the side of the property and you can have access to the lock and both of the tenants can open and close the gate. Also, the trash company has access to open up the gate and get into the back. Mrs. Rulloda states there were lots of transients; with people sleeping behind their buildings so they approached the former owner of the 847 property and agreed to split the cost to put the gates up. Her family and Alpine Development split the cost. The deal has always been they have keys and whoever is the last one out locks it. The peril of not locking is coming in and having bathtubs sitting in the back of the building and people lying in the back of the building. They all have keys and everybody has to be able to get along. She understands they have an easement on the property for access to the back of their property. The property line does not go right down the middle but they have access to the back of their parking lot. She wished to clarify how they could make the driveway wider when the buildings are built right up to the edge of it. Commissioner Vanderbilt states he thought it appropriate that the parking study be done based on the other business because of its uniqueness. Because it is in Redondo Beach, he did not have a chance to visit it and does not understand so in terms of the flow, owners of other restaurants have talked about when they reach peak capacity, based on his understanding of those operations they are 12:00 p.m. and 6:00 or 7:00 p.m., when people eat lunch and dinner. He asked Mr. Patti since the subject business is a market maybe he could tell him when is there the capacity; is it consistent throughout the day or is it heavy at certain hours and what are those hours? Mr. Patti responded he also owns a restaurant so he understands what he is talking about. A restaurant functions totally different than a market. The flow of the market can be from 10:00 a.m. to 11:00 a.m. sometimes in the afternoon but it is continuous. It is not something that you get an increase, a peak • maybe three times throughout the day, depending on holidays, depending on many different situations. Commissioner Vanderbilt asked would many of the peaks be closer to closing time. 07-01-02 Page 14 JULY 1, 2002 PLANNING COMMISSION MINUTES • Mr. Patti responded there is a peak at approximately 5:00 p.m. when people leave work and they stop and buy whatever they want to buy and then go home. You would have a few people come in before you close. It is not really a major peak, it is a very level type of business and they have peaks on the weekends, especially summer times. It is not like a restaurant. People will stay at a restaurant for 45 minutes to an hour. His deli is totally different even with people sitting in the deli, the sandwiches and the empanadas are already made. Customers purchase it, sit down and are out in10 minutes. Commissioner Vanderbilt states with regard to signage. Since this business sits right up on the sidewalk and there is a lot of window space he wondered whether Mr. Patti understands the condition staff is asking for is that there be no window signage, banners or any other advertisements. Mr. Patti states he understands. Commissioner Eastman states she understands from the report that Mr. Patti sees no way he could open up an entrance in the rear of the property for the parking. She asked, since his neighbor is concerned because she has had problems in the past with parking, if he has a plan to address making sure his customers park behind his building rather than in her parking lot. Mr. Patti states yes, a monumental sign could read, "parking in the rear" and by the gate they could put a sign which reads, "parking in the rear". He feels they could really advertise the parking very nicely. A lot of people are repeat customers, people that come in twice a week, and they will know. New customers will have to find their way around but once the business is established, he is confident people will have no issue parking in the back. • He states they worked really hard trying to accommodate the entrance. They took it very seriously and worked with staff in the limited time they had. There is an issue of having to put in a 750 gallon grease trap in the back which really creates a big problem trying to come up with a rear entrance plus they have all the services and the trash bin. They decided to let it go as is because it would be very inconvenient to do. THE PUBLIC HEARING WAS CLOSED. Commissioner Vanderbilt states Commissioner Koos mentioned at the meeting two weeks ago that since he works in the area he has seen the operation. He asked him to comment on what he has seen. Commissioner Koos states he works in Torrance and has been to their establishment but did not know it until they showed up at the last hearing. He finds it is unique. It is a targeted audience. They are selling items that you would not certainly find in Albertson's. There are a lot of brand names he has never heard of like Inka soda, etc. He does not know what it tastes like but he has seen it. There are a lot of things he has never seen; chocolate covered banana candies and a lot of unique little items that you will not certainly find on the small aisle that says "Ethnic Foods" in Albertson's. He never got the impression that it was an over concentrated business busting at the seams. It is a very modest clientele during lunchtime. He has been there maybe six times in the last three years. They have a big screen TV and sometimes soccer is on and even with that people come and go at a pretty good pace, maybe a 20 to 30 minute turn around. He feels the parking analysis is justified and does not feel it will be a huge impact. Under Condition No. 1 they will be revisiting Commission in a year. He asks if it would be the entire entitlement or just the beer and wine and if the waiver would be attached. Also, if Commission found they were impacting the surrounding property with parking would they have a chance to revisit that as well? • Selma Mann, Assistant City Attorney, states Commission could always bring back any waiver or Conditional Use Permit for modification or termination. 07-01-02 Page 15 JULY 1, 2002 PLANNING COMMISSION MINUTES ~ Commissioner Koos states he is specifically speakin about when the review the beer and wine ortion 9 Y p , would that be the moment to also just check on how every thing is going with respect to the parking. Ms. Mann responded Commission would be essentially looking at the beer and wine at that point. If there were problems Commission could subsequently call the rest of the approvals up for modification or termination or it may be that if staff has identified some issues they could come to Commission for initiation of modification or termination of other approvals in conjunction with the consideration of the reinstatement. It could all be done at one time. Commissioner Koos states but they would be revisiting a portion of it which would obviously kick into the analysis of the whole use, more or less. At least an analysis and then staff at that point would determine if they needed to go farther than just looking at the beer and wine. Mr. McCafferty responded that is correct. Commissioner Koos feels they have somewhat of a safeguard built in that it would be relooked at and he is supportive of it. It is going to provide a unique business to Anaheim and also North Orange County in general. Since learning of the proposal, he has talked to people who are South Americans and they are looking forward to it. They are actually excited about it, and that is the kind of business they want in their community. It is one that will do well and it sounds like there are a lot of built in attractions. He does not feel it is going to take long for them to get a lot of clientele. Commissioner Bristol states he has not changed, he is still in favor of it. It is ethnic and it is really exciting to have the diversity. What he heard from the neighbors and he concurs with them, especially Mrs. Morris, living in back and Mr. Carson having a tenant in back, Commission is very sensitive to rear ~ residential in a commercial use. If the applicant had come before Commission and said they are going to DURING THE ACTION: have 10:00 p.m. alcohol, he doubts it. But he is bringing in a specialty delicatessen. You come in, get something and be gone. The applicant wants to be out of there by 8:00 p.m.; he wants to go home just like everybody else. He feels the noise impact will be minimal, maybe more minimal than other uses that have been there in the past. The lighting, as seen in the conditions have been conditioned to be away from the residents. So, in that respect it would be okay. As far as parking, it is either going to work or not and everyone will know within a year's time. Any business neighbor is going to let Mr. Patti know very quickly whether or not he is operating efficiently or not. He does not feel it is going to be overflowing down State College Boulevard or any other commercial use. It is a tremendous asset to State College Boulevard because there is a lot of food commercial there and a lot of diversity. Commissioner Koos clarified the other business is on Englewood Avenue and Manhattan Beach Boulevard which are two major arterials in that vicinity. Also, very proximate to the 405 Freeway, approximately 600 feet, which is a very heavily congested area. He feels it is appropriate comparison. Commissioner Bostwick states Commission received communication during the morning session from Walter A. Freedman of Purple Penumbra, LLC, stating their support for the market. ~ 07-01-02 Page 16 JIfLY 1, 2002 PLANNING COMMISSION MINUTES • • • ~ ~- • ~ • • ~ • OPPOSITION: 6 people spoke with concerns/opposition to the subject request. IN SUPPORT: A letter was received, prior to the meeting, in favor of the subject request per the conditions imposed in the Planning Commission staff report. ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Approved the Waiver of Code Requirement Granted Conditional Use Permit No. 2002-04555 (to permit a convenience market in conjunction with a delicatessen with the retail sales of beer and wine for both on- premises and off-premises consumption; the retail sales of beer and wine for on- premises and off-premises consumption portion of the conditional use permit is granted for one year, to expire on June 17, 2003), subject to the conditions of approval as stated in the staff report dated July 1, 2002, with the following modifications: Modified Condition No. 2 to read as follows: i 2. That the hours of operation shall be limited to S 8:30 a.m. to 8 p.m., Monday through Saturday and 9 a.m. to 5:30 p.m. on Sunday. Added the following conditions of approval to read as follows: That sign plans shall be submitted to the Zoning Division for review and approval to notify patrons of the rear parking area. That the property owner shall submit plans to the Traffic and Transportation Manager to redesign the driveway leading to the subject property to a width of 25 feet, if determined to be feasible by the Traffic Engineering Division. Said plans shall consider all applicable property lines, and easements. ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby accept the request for withdrawal of Determination of Public Convenience or Necessity No. 2002-00007 (to permit the retail sales of beer and wine for off-premises consumption) since it is no longer required. VOTE: 5-0 (with one Commission vacancy and Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. ~ DISCUSSION TIME: 1 hour and 7 minutes (1:48-2:55) 07-01-02 Page 17 JULY 1, 2002 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Continued to 3b. CONDITIONAL USE PERMIT NO. 3950 July 29, 2002 (TRACKING NO. CUP2002-04556) OWNER: David L. Rudat, P. O. Box 1841, Orange, CA 92856 AGENT: A T& T Wireless, Attn: Martin Zimmerman, 424 Bellflower Boulevard, # 218, Long Beach, CA 90814 LOCATION: 1110 East Oranpefair Lane. Property is approximately 0.25-acre having a frontage of 60 feet on the south side of Orangefair Lane located 196 feet west of the centerline of Raymond Avenue. Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 21, 1997 to expire July 21, 2002) to retain a telecommunications monopole and equipment enclosure. CONDITIONAL USE PERMIT RESOLUTION NO. SR8344VN.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), to continue the subject request to the July 29, 2002, Planning Commission meeting as requested by the petitioner in order to explore alternative sites including potential stealth facilities. VOTE: 5-0 (with one Commission vacancy and Commissioner Boydstun absent) DISCUSSION TIME: This item was not discussed. ~ 07-01-02 Page 18 JULY 1, 2002 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION PREVIOUSLY-APPROVED A roved - Pp 4b. CONDITIONAL USE PERMIT NO. 3947 Approved reinstatement (TRACKING NO. CUP2002-04558) with deletion of time limitation OWNER: Crescent Southern Baptist Church, 622 North Gilbert Street, Anaheim, CA 92801 AGENT: Donald Spangler, 622 North Gilbert Street, Anaheim, CA 92801 LOCATION: 622 North Gilbert Street. Property is approximately 1.89 acres having a frontage of 132 feet on the east side of Gilbert Street located 329 feet north of the centerline of Crescent Avenue (Crescent Southern Baptist Church). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 21, 1997 to expire July 21, 2002) to retain a private school (grades 6 through 8 with up to 200 students) within an existing church. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-104 SR8339VN.DOC ~ Commissioner Bosfinrick introduced Item No. 4 as Conditional Use Permit No. 3947 (Tracking No. CUP2002-04558), 622 North Gilbert Street - Crescent Southern Baptist Church, a request for reinstatement of the permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 21, 1997 to expire July 21, 2002) to retain a private school (grades 6 through 8 with up to 200 students) within an existing church. ApplicanYs Testimony: Donald Spangler, 2743 West Stockton, Anaheim, CA, states he represented the church in the original application of the Conditional Use Permit No. 3947 but it has a time limit of five years which expires in July. They have had a very good association with the school, which has been a benefit to both of them. They request a Conditional Use Permit be approved with no time limit. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol states he was informed in the morning session that the school is not at full enrollment. He asked Mr. Spangler if he has ever been at full enrollment in the last 5 years? Mr. Spangler responded the present enrollment is 110 students. OPPOSITION: None S ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun 07-01-02 Page 19 JULY 1, 2002 PLANNING COMMISSION MINUTES • absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Approved the request for reinstatement of Conditional Use Permit No. 3947 (Tracking No. CUP2002-04558) to retain a school (grades 6 through 8 with up to 200 students) in conjunction with an existing church without a time limitation. Incorporated the conditions of approval contained in Resolution No. PC97-94 into a new resolution which includes the following conditions of approval: 1. That student enrollment shall be limited to a maximum of two hundred (200) students. 2. That the school and extended daycare (for on-site school students only) hours shall be limited to 6:30 a.m. to 5:00 p.m., Monday through Friday. 3. That all school uses shall be limited to the ground floor level unless approval for the use of above ground level areas is granted by the Building division and the Fire Department. 4. That a minimum of 112 striped parking spaces shall be maintained at all times and that the school may utilize a maximum of 53 parking spaces in the rear portion of the property behind Building No.4 during the hours of 6:30 a.m. to 5:00 p.m. Monday through Friday only. ~ 5. That any additional or modified signage for this facility (church and school) shall be subject to the review and approval by the Planning Commission as a"Reports and Recommendations" item. 6. That four-foot high address numbers shall be maintained and displayed on the roof in contrasting colors to the roof material. The numbers shall not be visible from view of the street or adjacent properties. 7. That the property shall be maintained in conformance with plans approved by the City Traffic and Transportation Manager relative to Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. 8. That the parking lot area behind Building No. 4 shall be secured to prevent vehicular access when being used as a playground in conformance with approved plans on file with the Zoning Division. 9. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 10. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 11. That subject property shall be maintained substantially in accordance with pians and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 9 of Conditional Use Permit No. 3947 and subsequent approvals by the Fire ~ Department and Public Works Department, and as conditioned herein. 07-01-02 Page 20 JULY 1, 2002 PLANNING COMMISSION MINUTES ~ 12. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. VOTE: 5-0 (with one Commission vacancy and Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 2 minutes (2:56-2:58} A 5-minute break was taken. (2:59-3:04) • ~ 07-01-02 Page 21 JULY 1, 2002 PLANNING COMMISSION MINUTES ~ 5a. CEQA CATEGORICAL EXEMPTION, CLASS 1 Concurred with staff 5b. CONDITIONAL USE PERMIT NO. 2002-04560 Granted OWNER: White Star Partners LLC., 2961 East White Star Avenue, Anaheim, CA 92806 AGENT: Line X, Attn: Paula Hilliard, 2191 North Batavia Street, Orange, CA 92865 Terry G. Roussel, 4590 Mac Arthur Boulevard, Suite 610, Newport Beach, CA 92660 LOCATION: 2981 East White Star Avenue.* Property is approximately 3.73 acres located at the southeast corner of White Star Avenue and Armando Street. `Advertised as 2961 East White Star Avenue Request to permit the retail sales and installation of automobile parts and accessories. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-105 SR8336AN.DOC Chairperson Bostwick introduced Item No. 5 as Conditional Use Permit No. 2002-04560, 2981 East White ~ Star Avenue, to permit the retail sales and installation of automobile parts and accessories. ApplicanYs Testimony: Mark Hilliard, 2192 N. Batavia Avenue, Orange, CA, states they have been at the business approximately 8 years and their line is spray on bedliners, a coating that goes in the back of a pickup truck. They are a national franchise and currently the master-franchise in the state of California. They are looking at the property at White Star to purchase and be a model type store for the rest of the western U.S.A. He noticed the staff report, page 4, the hours of operation states Monday through Friday. He asks if it is possible, they be permitted to open on Saturdays as he noticed that a lot of the stores around his property are currently open on Saturdays. Commissioner Koos states it is not in the conditions of approval. Mr. Hilliard states in the staff report, page 6, regarding the Public Works Department stating the trash storage area being covered, in the last meeting he thought they had cleared it up that since they were not considered an automotive type business that would be thrown out. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol asked Mr. Hilliard if he could spray the liner inside without any problem or if it is messy. Mr. Hilliard responded it can be messy but they could fine it down. He states the big plus they have in the state of California, is the coding itself is zero VOC's (Vault Organic Compounds). They are not required to have any permits for that. Everything is moving in that direction. The industry itse{f is very ~ new, roughly ten years old. You will see a lot more of it in the future, obviously in different areas also, but the big thing being zero VOC. 07-01-02 Page 22 JULY 1, 2002 PLANNING COMMISSION MINUTES • Commissioner Bristol wished to clarify that he has no problems with the conditions of approval recommending he do everything internally. Mr. Hilliard responded yes, a typical truck comes in and leaves the same day, nothing stays overnight, typically. DURING THE ACTION. Greg McCafferty, Principal Planner, states staff would like to modify Condition No. 1 to delete the parenthetical on the first sentence that reads, "including the installation of a roof'. For example, on that particular trash enclosure, if the doors were not there or needed to be repaired, it would be required to be done but would not require the installation of the roof because the appficant would not be doing any auto repairs. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bosfinrick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare ~ additional environmental documentation. Granted Conditional Use Permit No. 2002-04560 (to permit the retail sales and installation of automobile parts and accessories) subject to the conditions of approval as stated in the staff report dated July 1, 2002, with the following modifications: Modified Condition No. 1 to read as follows: 1. That the trash storage areas used by this business shall be refurbished (~sl~i+~g to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. Said information shalf be specifically shown on plans submitted for Public Works Department, Street and Sanitation Division approval. VOTE: 5-0 (with one Commission vacancy and Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSS{ON TIME: 5 minutes (3:05-3:10) ~ 07-01-02 Page 23 JULY 1, 2002 PLANNING COMMISSION MINUTES s 6a. CEQA CATEGORICAL EXEMPTION, CLASS 1 6b. CONDITIONAL USE PERMIT NO, 2002-04559 OWNER: Berle and Carol Family Trust, Attn: Berle Crisp, Trustee, 6157 Fair Oaks Boulevard, Suite A, Carmichael, CA 95608 AGENT: Hahm Motorsports, Attn: Peter Hahm, 125 East Ball Road, Anaheim, CA 92805 LOCATION: 1120 South Anaheim Boulevard. Property is approximately 3.4 acres located at the northeast corner of Ball Road and Anaheim Boulevard. Request to permit the indoor retail sales of recreational vehicles (motorcycles, all-terrain vehicles and watercraft) and related accessories. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-106 Concurred with staff Granted SR8341 AN.DOC Commissioner Bostwick introduced Item No. 6 as Conditional Use Permit No. 2002-04559, 1120 South Anaheim Boulevard, a request to permit the indoor retail sales of recreational vehicles (motorcycles, all- terrain vehicles and watercraft) and accessories. ~ Peter Hahm, 1120 S. Anaheim Boulevard, Anaheim, CA, representing Hahm Motorsports, states the purpose of the Conditional Use Permit is a request to operate motorcycles, all-terrain vehicles, watercraft sales and related accessories and parts sales. Commissioner Bristol wished to clarify if he is currently selling vehicles in the building on Ball Road. Mr. Hahm responded yes. Commissioner Bristol wished to clarify that his intent is to move all of the selling over to the Anaheim Boulevard building. Mr. Hahm responded yes. Commissioner Bristo! states the staff report talks about the signage on the front of the building and staff also went in to concur with you about the regional significance of this facility which we talked about in the past. He asks, on Ball Road when you move the selling of your vehicles to Anaheim Boulevard, are you going to reduce your signage? Mr. Hahm responded that is a possibility but obviously the more the name is out there the better for them in the advertising purposes so they would like to keep it as is, but if that becomes a problem they are willing to work with the City to do that. ~J Chairperson Bostwick states he has some serious problems as a neighbor. The property is in bad repair; The landscaping is overgrown; weeds and grass has not been mowed; trash has not been picked up; graffiti is on the backside of the building; razor wire is on top of the iron fence and you continually store your crates and cases above the wall so that they are visible even though your approval for the other property states, "nothing to be visible", but you have continually done that. That is not a good corporate citizen and he truly worries about what is going to happen with the proposed property. The gate could be opened between the finro properties so that you can bring things back and forth. It seems sensible but it is 07-01-02 Page 24 JULY 1, 2002 PLANNING COMMISSION MINUTES ~ just a dirt path, it is not truly made as an entry or exit. He asks, "Do you actually own this property and are you responsible for the landscape maintenance"? Mr. Hahm responded that is the main reason they decided to expand their operation to 1120 South Anaheim Boulevard, they are so tied up in the little building. Their business has grown quite a bit in the last four or five years and they like to keep their business nice and clean. They would like to occupy the proposed building and just use it as 100% retail. They would not bring in the service department or anything of that nature. They want to keep everything on Ball Road offsite from the customers so when they come in they will feel like they are in Circuit City or Best Buy since those are the kind of businesses they are competing with right now. Over the years the motorcycle industry changed dramatically. It is not like most people think. The biker images are long gone. They attract a lot of family members and that is one of the reasons they want to separate the two buildings. One building will be 100°to retail and the other building coufd be usad for the dirty stuff such as servicing, etc. That is why they want to keep the Ball Road property instead of leasing it out to other businesses. He understands there is a lot of trash on the parking lot, but feels that is something the landlord is supposed to take care of. He plans to speak with the landlord for permission to take over that responsibility and they will keep the property nice and clean. They do not plan to have anything outdoors. He wants to keep everything inside and keep the operation nice and clean. Commissioner Eastman concurs with Chairperson Bostwick, the razor wire is very unattractive. She wished to understand if Mr. Hahm is stating that the crates will no longer show over the fence and he would remove the razor wire if he receives the permit to sell retail. Mr. Hahm responded instead of having wrought iron fence they could block off with sheet metal so that it blocks the view from the public. • He states at the same time, Commission has to understand as a business owner they have had a lot of theft on their property. They lost over $10,000 in the last two years and now they have a guard dog. They pay a service to come in and do that. That is one of the dilemmas they are running into. He would love to see graffiti, etc., go away also. He grew up in Anaheim and loves the city and tries his best to keep the place nice and clean but there is only so much he can do. He would be more than happy to work with the City to clean up the place and do whatever it takes to get the place nice and clean but feels if there is a safety issue or security issues concern that is something that the Planning Commission need to be a little more sensitive about. They are doing everything they can. As far as getting the crates below the fence line, he would be more than happy to do that. Greg McCafferty, Principal Planner, states staff could look at the conditions of approval as well as the municipal code and try to proactively take care of some of the existing violations. The code does not allow razor wire to be visible to the right-of-way and the Conditional Use Permit prohibits it. Some of the ongoing maintenance things, staff would have Code Enforcement go out and make sure it is taken care of apart from this application, right away. Chairperson Bostwick asks, in regards to the signage if Commission needs to look at the other CUP together with this one for a total signage package for the two businesses. Mr. Hahm states when they put the razor wire up, the Office Depot building was not there, it was blocked by the old Dodge building that has been empty for a long time. That is why they put it up. It was not done recently, that is not the way they do business. Chairperson Bostwick states he can appreciate that but there are other ways to solve the problem, as you have found, with dogs or you could put an alarm system in. He had to do that because even the razor wire did not stop them. It does detract from the look of the City, and Commission wants him to be a good • corporate citizen. 07-01-02 Page 25 JULY 1, 2002 PLANNING COMMISSION MINUTES • Mr. Hahm states he would love to do that also but there is only so much he can do. As far as graffiti, they contact the Police Department approximately three times a week to get it removed. They were thinking about getting a security guard but he has no intention of putting anything outside because it is not safe out there. That is why they put up razor wire, and also ordered a guard dog. But he would be more than willing to work with the City to keep the place nice and clean. Chairperson Bostwick states the City will be out to help. Mr. McCafferty states staff suggests a condition that states a Reports & Recommendations Item be brought back to Commission for integrated sign program that includes the subject location as well as the adjacent tocation so that the applicant can convey to Commission what his signage needs are for the integrated sites, since the testimony today appears the sites are related. One services and one sells so there is a link where the applicant can bring it back and get it approved as a Reports & Recommendations Item. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities), as defined in the California Environmental Quality Act (CEQA) ~ Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permit No. 2002-04559 to permit the indoor retail sales of recreational vehicles (motorcycles, all terrain vehicles and watercraft) and related accessories, subject to the conditions of approvaf as stated in the staff report dated July 1, 2002, with the following modifications: Added the following condition of approval to read as follows: That prior to commencement of activity authorized by this resolution an integrated sign program for this sales facility and the adjoining repair facility shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. VOTE: 5-0 (with one Commission vacancy and Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 12 minutes (3:11-3:23) • 07-01-02 Page 26 JULY 1, 2002 PLANNING COMMISSION MINUTES u 7a. CEQA CATEGORICAL EXEMPTION, CLASS 1 7b. CONDITIONAL USE PERMIT NO. 3620 (TRACKING NO. CUP2002-04557) OWNER: Seymour Adler Trustee, 16608 Park Lane Place, Los Angeles, CA 90049 AGENT: Kips Gymnastics, Attn: Dennis Maily, 4620 East La Palma Avenue, Anaheim, CA 92807 LOCATION: 4620 East La Palma Avenue. Property is approximately 2.47 acres having a frontage of 359 feet on the south side of La Palma Avenue located 765 feet east of the centerline of Lakeview Avenue (Kip's Gymnastics). Request to expand an existing gymnastics schoof and include a martial arts studio within an existing industrial building. u CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-107 Concurred with staff Approved expansion SR8342KB.DOC Chairperson Bosfinrick introduced Item No. 7 as Conditional Use Permit No. 3620 (Tracking No. CUP2002-04557), 4620 East La Palma Avenue, Anaheim, CA, a request to expand an existing gymnastics school and include a martial arts studio within an existing industrial building. Applicant's Testimony: Kim Clark, 16379 Starstone Rd., Chiro Hills, CA, Director of Kips Gymnastics, states they have read the staff report and agree to comply with all the recommendations. Rick Manos, 1261 N. Lakeview Avenue F, Anaheim, CA, representing United States Karate Organization concurs with Ms. Clark. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol states the condition of approval reads, "That the existing freestanding sign on subject property shall be removed and replaced by a monument-type sign ...". In the morning session he asked what if the applicant simply wants to remove the sign (because those really are not what Commission wants), and not want to spend the money for a monument sign, because they have very nice signage. It is hard to miss this use passing by and people are looking for that. Staff said that would be fine. He asks whether Mr. Manos has a cancern about that condition and whether it is his intent to install a monument sign. Mr. Manos responded it would be nice to know that they do not have to and if they could have that it would be great because moving his existing sign over is enough signage. He states he would like to do the sign, but not as a requirement. Commissioner Bristol states it is still going to be his recommendation that they remove what is on there. • 07-01-02 Page 27 JULY 1, 2002 PLANNING COMMISSION MINUTES • • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy and Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permit No. 3620 (Tracking No. CUP2002-04557) to expand an existing gymnastics school and include a martial arts studio within an existing industrial building. Incorporated the conditions of approval contained in Resolution No. PC93-44 into a new resolution which includes the following conditions of approval (Condition No.13 was modified at today's meeting): That the business hours of operation shall be limited to the following: Gvmnastic school: . 9 a.m. to 7 p.m., Monday through Friday 9 a.m. to 2 p.m., Saturday Martial Arts Studio: 1 p.m. to 8 p.m., Monday through Thursday 9 a.m. to noon, Saturday 2. That property owner/developer shall remove the ground-mounted satellite antennas, monopole transmission tower and chain link enclosure. 3. That the temporary storage container behind the building shall be removed. 4. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. 7he walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for Planning Department and Public Works Department, Streets and Sanitation Division approval. 5. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. • 6. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said 07-01-02 Page 28 JULY 1, 2002 PLANNING COMMISSION MINUTES ~ turn-around area shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval. 7. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community services division approval. 8. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 9. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 10. That a landscape and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Said landscape plan shall include the planting of 1 tree per 20 feet of street frontage for a total of eighteen (~, twenty-four inch box sized trees. Said landscaping shall be installed within 60 days of plan approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. ~ 11. That any existing tree and/or tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 12. That all landscaped planters abutting the building's north elevation shall be refurbished. 13. That the existing freestanding sign on subject property shall be removed. awd-Kep~a~ed-b~ Any new signage shall be limited to a monument-type sign not exceeding 65 square feet in area per face nor eight (8) feet in height as measured from the grade of the sidewalk, and shall be subject to the review and approval of the City Traffic and Transportation Manager to determine adequate lines-of-sight. Plans showing the new monument sign shall be submitted to the Zoning Division for review and approval. Said sign shall be installed within 60 days of plan approval. 14. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Said plans shall indicate a minimum of 105 on-site parking spaces. Subject property shafl thereupon be developed and maintained in conformance with said plans. 15. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 16. That no compact spaces are permitted. ` 17. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner 07-01-02 Page 29 JULY 1, 2002 PLANNING COMMISSION MINUTES • and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 18. That prior to commencement of the activity authorized by this resolution or within one (1) year than the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 6, 7, 8, 10, 13 and 14, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. Prior to final building and zoning inspections Condition Nos. 2 and 17, above- mentioned, shall be complied with. 20. That approval of this appfication constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. ~ VOTE: 5-0 (with one Commission vacancy and Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes (3:24-3:29) Commissioner Koos suggested that a workshop be held at the July 15, 2002, Planning Corrimission Morning Session, regarding a discussion on the type of variances the Zoning Administrator is authorized to hear versus the Planning Commission (specific to, but not limited to, yard fences). MEETING ADJOURNED AT 3:30 P.M. ' TO MONDAY, JULY 15, 2002 AT 11:00 A.M. , FOR PRELIMINARY PLAN REVIEW. ~ 07-01-02 Page 30 JULY 1, 2002 PLANNING COMMISSION MINUTES ~ Respectfully submitted: ~ Pat Chandler, Senior Secretary Received and approved by the Planning Commission on , 2002. ~ ~ J ~ 07-01-02 Page 31