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Minutes-PC 2003/07/28• CITY OF ANAHEIM PLANNING C~MMISSION MINUTES J U LY 28, 2003 • ~ Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California ~~ ~,~ ~ ` =~ _~~~ ,. C Af PE_.. pN~ ~ A~~/I~S ~fA~ERBILT COMMISSIONERS PRESENT ~~,,~ ~ L~~OS~1/Vl.(~K~ GAIL ~STM~~1 CECILIA FLORES, ~~ ':E ~J~R~Y,~':{~1~1V~~L~[~A~ID, R N' N~~'R~~AND ONE VACANT SEAT , ~~~ ~ ~~.~' ~~ a~.::: ~ w., ,~ ~ , cv ~ ~~ ~~ COMMfSSIONERS ABS~N~ r ~E~~hIE ~'~ ~'~~ ~'~z ~ ,~ ~ ~ ~~ ~~-~.»~~ ~,~,w ~, ~ , ~_ ~, ' ~ STAFF PRESENT: ~~~~ ~~~ ~ ~~ ~" ~ ~ Selma Mann, Assist~r~t~ity Attorncy '~f Sergeant Michael~R. Loze~V~ce Detail Greg Hastings, Zon~irg ~7visi~~ Mar~a~er James Ling, Assacia~te~~tur~ E~g~i~eer Greg McCafferty, P~~`mc~i~~I~P~~anr~s~ ~ °.~ ~ Elly Morris, Senio~~Se~~tarywN~ ~~ Alfred Yalda, Princt~~~ T~,ra~spo.,~~tiQ~~Pt~nner ~ P~.at~~iandfer,~S~n`i~~Secret~ ~ ~ ~ ~ , ~~ ~~ ~a ~ ~, ~~ ¢ ~ "' s ~ , ~,~ _~, ~ ~, ~ AGENDA POSTIN~~ ~A~cor~iplet~~y~~f'~he Pl~~nm x~Com ?~~sio~ ~ e~~ia ~iv~s pt~s~ed~at 3:00 p.m. on t~ Thursday, July 24, ~~03, ir~s~de~f ~ display cas~oc~e~in th fo~e~~f the Co~r~Cil Charnbers, and also in the TF ~; outside display kiosk> ~ ~~ ~ '~ ~' ~~ ~°` ~~ r `~ ~°~ ~ ~ ~ ~ '~ ~~~ $ ~, ,M ~ y~~ t~'~ ~4 ~ ~ ~ ~ +` ~; ~ a ~~ € ,~ ~ r~ .t'~%~~ '~° ~ sc, ' 3 ~ ~ ~ : ~ ,, r . ~ ~""~ M PUBLISHED: Ana~icim9¢u}~~ti~`Ne~spap~r~ort%~Tht~r~d~~, ,lu,iy3~~20i}3 ; ~~ ~' ~~ ,~ ~ ~~ ~ ~ ~~ F ~~ ~ CALL 70 ORDER ~ ,' a ~~ ~~ ~`~~ -, ~ ~ `. ,~ ~ ~ .. ~ ~ ~' ~ ~ ~ 3 ~ ~° ~~ ~ ~ .~~ ,~'' . a~ PLANNIN~~OM111'I SS~Q ~.~f2NIIVFC~~,S,ESSf~N~`1''~l•UOmA M~ • STAFF U~D~ ~"~T~ ~O~~IhSS~~~I,nQ~J~~lAF~'IOC1~Cf~lY,~~ "~ ~ DEVELOPM 1'y~l'S AI~Q~I E~(~S REC~UESp`fE~Y ~~'"' PLANNING COMM~S~lO~~~ ~ ~ ~ ~ ~ . • ~ °~ • PRELIMINARY PLAN~R~~(~EW F.C~R:ITEM~~1~! ~HE JULY 28, 2003 AGENDA ~~.,;; RECESS TO AFTERNOON PUBLIC HEARING SESSION RECONVENE TO PUBLIC HEARING 1:40 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complefe a speaker card and submit it to the secretary. PLEDGE OF ALLEGlANCE: Commissioner Eastman CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAUMINUTES~AC072803.DOC lannin commission anaheim.net 07-28-03 Page 1 JULY 28, 2003 PLANNING COMMISSION MINUTES • RECONVENE TO PUBLIC HEARING AT 1:30 P.M. ITEMS OF PUBLIC INTEREST: Oath or Affirmation of Allegiance: New Planning Commissioner - Cecilia Flores. Cecilia Flores was sworn in as Planning Commissioner by Sheryll Schroeder, City Clerk. 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. CONSENT CALENDAR: Item 1-A through 1-H 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 Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy), for approval of Consent Calendar Item Nos. (1-B and 1-C) as recommended by staff. Consent Calendar ftems (1-A, 1-D, 1-E and 1-F) were removed from the Consent Calendar for separate discussion. Consent Calendar Items (1-G and 1-H) were acted upon separately • (Commissioner Flores abstained on Items 1-G and 1-H). UNANIMOUSLY APPROVED. 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved (b) CONDITIONAL USE PERMIT NO. 2002-04537 Approved a retroactive (TRACKING. NO. CUP2003-04737) extension of time for Russell Miller, Anaheim Hills Racquet Club, 415 South Anaheim Hills 6 months, to comply with Road, Anaheim, CA 92807, requests a retroactive extension of time to conditions of approval (to comply with conditions of approval for expansion to an existing tennis expire on December 3, club with the sales of food and beverages (including alcoholic 2003). beverages). Property is located at 415 South Anaheim Hills Road (Anaheim Hil1s Racquet Club). (Vote: 6-0, with one Commission vacancy) (This item was removed from the Consent Calendar for separate sr5023jr.doc discussion.) Chairperson Vanderbilt asked staff to introduce the subject item. Greg McCafferty, Principal Planner, stated the subject request is for a retroactive time extension to comply with conditions of approval for previously-approved tennis courts and staff is recommending approval of the time extension for six (6) months, as stated in the staff report under the recommendation paragraph. • Chairperson Vanderbilt asked the applicant to come forward to speak. 07-28-03 Page 2 JULY 28, 2003 PLANNING COMMISSION MINUTES • Applicant's Statement: Will Wilkens, 415 S. Anaheim Hills Road, Anaheim, stated he is the manager. Chairperson Vanderbilt asked the applicant if he had a chance to read the staff report and if he had any questions or concerns. Mr. Wilkens responded he didn't have any questions or concerns. Chairperson Vanderbilt asked if anyone was present to speak on the subject item. Public Testimony: Billie Zeran, 236 S. La Paz Street, Anaheim. She stated she lives directly besides the tennis courts and indicated there is a road coming off of Anaheim Hills Road which goes directly towards their house. She explained that Mr. Miller had agreed to put scrim on the fence, which has been done. He also agreed to landscape the entire area, which she believes was to be completed within one year, which would be about now. Therefore, they would like to see the landscaping completed before these other things are done. She noted the club house was burnt down and indicated she doesn't have any problems with them rebuilding the club house; but has a problem with them doing other things before they do what they were suppose to do in the first place. Chairperson Vanderbilt clarified that her concern is just the timeline with no additional issues that haven't already been discussed. She responded her concern is the landscaping. • Chairperson Vanderbilt asked staff to summarize what was presented to the Planning Commission in the morning session. Mr. McCafferty stated the landscaping in question is landscaping that everyone had agreed to and had came to some consensus about what landscaping would be needed in order to lessen any impacts the new tennis courts would create. As the prior speakerjust indicated, that would include the trees, scrim and the vines along the fence for the new driveway that was put into the project. He indicated staff feels equally concerned that the landscaping is put in, in a timely manner. Normally, staff would recommend a one-year time extension but because of all the public input at the previous hearing, staff felt that the landscaping needed to be put in as quick(y as possible. Therefore, the recommendation is for six (6) months, which we feel is reasonable since they could get started on the clubhouse and then began to put in the rest of the landscaping and irrigation. Chairperson Vanderbilt clarified with the applicant if he has reviewed the staff report and necessary requirements. Mr. Wilkens was in agreement. Commissioner O'Connell asked if there is a timeline on the landscape issue. Mr. Wilkens responded the bushy trees have been installed, the start of the building is anticipated within the next 7-10 days, which entails the tying in of the old irrigation plans to new irrigation since they are hand watering the new plantings. He also noted they replaced approximately thirty (30) trees, and the bushy plants, protecting the houses where you turn into the new driveway, have all been planted and are healthy. The only plantings left on the landscape plan are the vines, and the nursery has recommended planting in the winter but we will probably do it in the next six (6) weeks. • 07-28-03 Page 3 JULY 28, 2003 PLANNING COMMISSION MINUTES • ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, (with one Commission vacancy}, 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. Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, (with one Commission vacancy), that the Anaheim City Planning Commission does hereby approve the request for a six-month retroactive extension of time (to expire on December 3, 2003) based on the following: (i) That this is the first request for an extension of time to comply with conditions of approval. (ii) That the property has been properly maintained and that there are no outstanding complaints or violations on file with the Code Enforcement Division. (iii) That there have been no changes to the Anaheim General Plan and Zoning Code that would affect this project. No additional information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this Conditional Use Permit. DISCUSSION: 10 minutes (1:50-2:00) ~ ~ ~ 07-28-03 Page 4 JULY 28, 2003 PLANNING COMMISSION MINUTES • u • B. (a) CONDITIONAL USE PERMIT NO. 2002-04647 (TRACKING NO. CUP2003-047341 Tap Van Phi, 1643 West Cerritos Avenue, Anaheim, CA 92802, requests termination of Conditional Use Permit No. 2002-04647 Property is located at 1643 West Cerritos Avenue. TERMINASION RESOLUTION NO. PC2003-109 Terminated (Vote: 6-0; with one Commission vacancy) sr3035ey.doc 07-28-03 Page 5 JULY 28, 2003 PLANNING COMMISSION MINUTES • C. (a) CONDITIONAL USE PERMIT NO. 166 Terminated (TRACKING NO. CUP2003-047351 Luis Diaz, 1026 West Lincoln Avenue, Anaheim, CA 92805, requests (Vote: 6-0; with one termination of Conditional Use Permit No. 166. Property is located at Commission vacancy) 1022 and 1024 West Lincoln Avenue. TERMINATION RESOLUTION NO. PC2003-110 sr3036ey.doc C ~ u 07-28-03 Page 6 J U LY 28, 2003 PLANNING COMMISSION MINUTES L ~ D. (a) GENERAL PLAN CONFORMANCE NO. 2003-00028 - REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO ENTER INTO A DONATED SPACE AGREEMENT; John Beck, County of Orange HCA, 405 West 5 Street, Room 610, Santa Ana, CA 92701, requests determination of conformance with the Anaheim General Plan to enter into a Donated Space Agreement to establish a Women, Infants, and Children (WIC) Program clinic in an existing building at Manzanita Park Community Center. Property is located at 1260 North Riviera Street. (This item was removed from the Consent Calendar for separate discussion.) Chairperson Vanderbilt asked staff to introduce the subject item. Determined to be in conformance with the Anaheim General Plan (Vote: 6-0, with one Commission vacancy) sr1147tw.doc Ted White, Associate Planner, stated Item Nos. 1-D, 1-E and 1-F are requests from the County of Orange, Health Care Agency and stated Item 1-D, is a request for the City to determine whether its proposal to enter into a donated space agreement at the Manzanita Park Community Center is in conformance with the Anaheim General Plan. He informed that City and County staff are present and available to speak and indicated if Commission wishes, the three items could be taken one at a time, or we could answer questions about all three of the locations. • Chairperson Vanderbilt suggested acting on all three items at the same time and asked if County staff would come forward. ApplicanYs Statement: Thurman Hodges, stated he is Real Estate Manager for the County of Orange, Health Care Agency, 405 W. 5t" Street, Santa Ana. Commissioner Bostwick asked Mr. Hodges to give some background information in regards to the Women, Infants, and Children (WIC) Program, and asked where does the money come from, whaf are the activities, how many staff members, parking, etc. Mr. Hodges introduced Ms. Irma LundqUist who manages the WIC Program for the County of Orange. Irma Lundquist stated the W IC Program stands for Women, Infants, and Children it is a federally funded supplemental food and nutrition program. They do one-on-one counseling and issue checks that are redeemed at local grocery stores for hea(thy nutritious foods, such as formula, milk, cereal, cheese, eggs, tuna, carrots, etc. Commissioner Bostwick asked if the clients are assessed and provided counseling on maternal duties. Ms. Lundquist responded there are special classes such as car seat safety, different type classes are provided monthly, but the one-on-one counseling pertains to nutrition education. Informing clients when to introduce solid foods, we highly recommend breastfeeding and have staff on board that would assist with breastfeeding questions. • Gommissioner Bostwick asked how many clients are normally seen at the locations. 07-28-03 Page 7 JULY 28, 2003 PLANNING COMMISSION MINUTES • Ms. Lundquist responded it depends on the site, but for the subject requests today; we deal directly within the neighborhood and situate ourseives in areas where there are many W IC ciients; in order for them to be within walking distance or within a short bus ride. Therefore, the number of clients vary from site to site. Commissioner Bostwick informed there have been a number of applicants applying for W IC stores and asked if the vouchers could be used in all type stores or just W IC stores. Ms. Lundquist responded the vouchers couid be used at all stores, such as Ralph's, Stater Bros., Albertson's, and explained it is the client's choice as our staff asks which store would be the most convenient. Commissioner Flores asked if counseling is done at the WIC store sites. Ms. Lundquist responded they do not have anything to do with the W IC stores and explained that private vendors apply with the W IC State Branch, and are called W IC only stores because they only carry W IC products. Commissioner Flores clarified if all the counseling is done at the main office, and not necessarily at the W IC stores. Ms. Lundquist responded yes, at any of the donated sites. Commissioner O'Connell asked how many people are serviced in the County through W IC. Ms. Lundquist responded their current caseload is 52,000, and stated there are different sites throughout the County where clients can be seen. • Commissioner O'Connell asked how clients find out about the program. Ms. Lundquist informed through Social Services, and advertisements are also on the back of buses, in the Pennysaver, radio and television. There is an 800 number that can be called, and stated they are partnered with two other W!C agencies. By calling the 800 number and giving their zip code, staff would direct callers to the closest WIC site. Commissioner O'Connell indicated it is something needed and to keep up the good work. Commissioner Eastman asked what constitutes eligibility for someone. Ms. Lindquist responded it is based on family size and income. Chairperson Vanderbilt asked if there is some sort of projection or anticipation of an increase in the number of eligible individuals, as Commissioner Bostwick indicated the Planning Commission is starting to see more WIC store requests. Ms. Lindquist feels they have leveled out, but are always, aggressively, doing outreach and stated there has not been a significant increase in the last year. Commissioner Flores asked if they ever visit some of the W IC stores to see how they are functioning. Ms. Lindquist responded yes, they do inspect them. They check the expiration date on the products and ensure they have all the quantities necessary. Commissioner Flores asked if they are only to sell what is on the WIC certificate. • Ms. Lindquist responded yes, they have items such as pots and pans, etc., but they don't sell them, they are raffling them off because they want the W IC clients. 07-28-03 Page 8 JULY 28, 2003 PLANNING COMMISSION MINUTES • ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Romero and MOTION CARRIED (with one Commission vacancy), that the Anaheim City Planning Commission does hereby determine that the County of Orange Health Care Agency (HCA) proposa! to enter into a Donated Space Agreement at the Manzanita Park Community Center located at 1260 North Riviera Street to provide WIC Program services is in conformance with the Anaheim General Plan. General Plan Conformity items have a statutory guideline limitation of 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early time. (The 40-day time limitation as required by Section 65402(b) of the Government Code requires the Cify to act on this item by July 28, 2003, as the application was submitted on June 18, 2003, for the subject request.) DISCUSSION: 7 minutes (2:00-2:07) ~ • 07-28-03 Page 9 JULY 28, 2003 PLANNING COMMISSION MINUTES • E. (a) GENERAL PLAN CONFORMANCE NO. 2003-00029 - REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN TO ENTER INTO A DONATED SPACE AGREEMENT: Thurman Hodges, County of Orange HCA, 405 West 5 Street, Room 610, Santa Ana, CA 92701, requests determination of conformance with the Anaheim General Plan to enter into a Donated Space Agreement to establish a Women, Infants, and Children (WIC) Program clinic in an existing building at Hermosa Village Community Center. Property is located at 1515 South Michelle Drive. (This item was removed from the Consent Calendar for separate discussion.) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Romero, and MOTION CARRIED (with one Commission vacancy), that the Anaheim City Planning Commission does hereby determine that the County of Orange Health Care Agency (HCA) proposal to enter into a Donated Space Agreement at the Hermosa Village Community Center located at 1515 South Michelle Drive to provide WIC Program services is in conformance with the Anaheim General Plan. General Plan Conformity items have a statutory guideline limitation of 40-days from the date the application is submitted, therefore it rs given accelerated processing and provided to the City Council at an early time. • (The 40-day time limitation as required by Section 65402(b) of the Government Code requires the City to act on this item by August 9, 2003, as the application was submitted on June 30, 2003, for the subject request.) DISCUSSION: 7 minutes (2:00-2:07) (Refer to Item 1-D, pertaining to discussion of Items 1-D, 1-E and 1-F.) ~ Determined to be in conformance with the Anaheim General Plan (Vote: 6-0, with one Commission vacancy) sr1146tw.doc 07-28-03 Page 10 JULY 28, 2003 PLANNING COMMISSION MINUTES • F. (a) GENERAL PLAN CONFORMANCE NO. 2003-00030 - REQUEST Determined to be in TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL conformance with the PLAN TO CONTINUE OPERATION OF THE W.I.C. PROGRAM: Anaheim General Plan Thurman Hodges, County of Orange, 405 West 5 Street, Room 610, Santa Ana, CA 92701, requests determination of conformance with the Anaheim General Plan to extend lease terms in an existing (Vote: 6-0, with one commercial buiiding to continue operation of the Women, Infants and Commission vacancy) Children (WIC) Program. Property is located at 2137 East Ball Road. (This item was removed from the Consent Calendar for separate discussion.) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Romero and MOTION CARRIED (with one Commission vacancy), that the Anaheim City Planning Commission does hereby determine that the Orange Health Care Agency (HCA) proposaf to renew its lease of commercial space at 2137 East Ball Road to provide WIC Program services is in conformance with the Anaheim General Plan. Genera/ Plan Conformity items have a statutory guideline limitation of 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early time. (The 40-day time limitation as required by Section 65402(b) of the Government Code requires the City to act on this item by August 9, 2003, as the application • was submitted on June 30, 2003, for the subject request.) DISCUSSION: 7 minutes (2:00-2:07) (Refer to ltem 1-D, pertaining to discussion of Items 9-D, 1-E and 1-F.) sr1145tw.doc ~ 07-28-03 Page 11 JULY 28, 2003 PLANNING COMMISSION MINUTES • G. • H. u Receiving and approving the Minutes from the Planning Commission Meeting of June 30, 2003. (Motion) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, (Commissioner Flores abstained and with one Commission vacancy) that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of June 30, 2003, with the following modifications: Corrected page 16, 2"d paragraph as follows: "Commissioner Eastman abstained from ~e+~--Ple-B Item No. 3." Approved, with modifications to pages 16, 18 and 25. (Vote: 5-0, Commissioner Flores abstained and with one Commission vacancy) Corrected page 16, 3~d paragraph as follows: "Julio Giraldo, 930 W. Broadway, states he is ~a~ in favor of the request." Corrected Item No. 9 as follows: Replacing the word quadroplex; to read as quadruplex. Corrected page 25, 15t paragraph as follows: "Andrew Bartell, 206 East Adele Street." Receiving and approving the Minutes from the Planning Commission Approved Meeting of July 14, 2003. (Motion) (Vote: 5-0, Commissioner Flores abstained and with ACTION: Commissioner Bostwick offered a motion, seconded by one Commission vacancy) Commissioner O'Connell and MOTION CARRIED, (Commissioner Flores abstained and with one Commission vacancy) that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of July 14, 2003. 07-28-03 Page 12 JULY 28, 2003 PLANNING COMMISSION MINUTES ` • • PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 2b. WAIVER OF CODE REQUIREMENT Denied 2c. CONDITIONAL USE PERMIT NO. 2001-04435 Approved, in part, (TRACKING NO. CUP2003-04712) amendment to the conditions of approval OWNER: Palmall Properties Inc., 1428 West Bay Avenue, Newport Beach, CA 92661 AGENT: Louis Garret, Fat Daddy's Auto Spa, 900 West Lincoin Avenue, Anaheim, CA 92806 LOCATION: 900 West Lincoln Avenue. Property is approximately 0.58-acre, located at the southwest corner of Lincoln Avenue and Ohio Street (Fat Daddy's Hand Auto Spa & Chicago Eatery). Request to amend or delete conditions of approval for a previously- approved carwash with accessory take-out fast food service and to permit a modular office trailer with waiver of minimum number of parking spaces.* *Subsequent to this item being advertised, the petitioner revised the request to delete the accessory take-out food service, modu(ar office trailer and parking waiver. Continued from the June 16, June 30 and July 14, 2003, Planning Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-111 sr5027jr.doc Chairperson Vanderbilt asked staff to introduce the subject item. Greg McCafferty, Principal Planner, stated the subject request is a continued public hearing on the car wash at 900 W. Lincoln Avenue and indicated Planning staff has been working with the new business owner, Mr. Choi and we are satisfied that he has made significant progress on the site. Therefore, we are recommending approval of the subject request as conditioned in the staff report. Chairperson Vanderbilt asked Selma Mann what the requirements are in regards to the new Planning Commissioner participating in today's discussion. Selma Mann, Assistant City Attorney, stated in general, unless it was strictly a continuance without any discussion at all, that the Commissioner not present at a prior meeting, for whatever reason would need to ensure that they either listen to the tape or read the detailed minutes of the meeting in order to participate in the current meeting before them. ~ Chairperson Vanderbilt stated he recalls significant discussion at the previous public hearing on the subject item. Selma Mann clarified that Commissioner Flores is aware of the requirements. Commissioner Flores announced, for the record, her abstention on the subject item. Chairperson Vanderbilt asked that the applicant or representative to come forward to speak. 07-28-03 Page 13 JULY 28, 2003 PLANNING COMMISSION MINUTES • Applicant's Statement: Chin Choi, 900 W. Lmcoln Avenue, dba Anaheim Car Wash. He stated he is the new business owner. Chairperson Vanderbilt asked the applicant if he had a chance to review the staff report. Mr. Choi responded yes. Chairperson Vanderbilt asked if he had any questions or concerns in regards to the conditions in the staff report. Mr. Choi responded no. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero thanked Mr. Choi for the significant progress that was made to the site. He pointed out in the waiting area there is a couple of trash cans that are not permanent and also some sort of wood fixture for flyers. Mr. Choi responded yes, and explained the wood fixture is for their daily newspaper such as The Orange County Register, Los Angeles Times and La Opinion and for some magazines such as Time Magazine, which he provides for customers to read while they are waiting. Commissioner Romero indicated his concern is that sometimes papers may fly in the neighborhood and streets. Mr. Choi responded he has his employees watching and he also staples the newspaper section by • section in order for it not to fly around. Commissioner Romero asked Mr. Choi if he would put more decorative type of trash cans or something more permanent instead of the ones on the rollers. Mr. Choi was in agreement. Commissioner Romero asked about the timeline for the completion of the vacuum structure enclosure. Mr. Choi responded he obtained the permit last week, and construction was started this morning. The contractor indicated it takes 2-3 days to complete the job but then it takes a few more days to get inspected. Commissioner Eastman commended Mr. Choi and expressed how nice the front of the property looks from Lincoln Avenue. She stated her only concern is the appearance of the canopy as it looks like a temporary structure, even though she understands according to previous testimony it is anchored and is considered a permanent structure. She encouraged the applicant, even though it is not conditioned in the staff report, to add more plantings, maybe some more trees, vines or something that would give a nicer look to the neighborhood. Mr. Choi was in agreement. Commissioner Eastman explained '+t would also make a more pleasant environment for the customers, because greenery helps soften all the surrounding concrete. Mr. Choi responded he has put a lot of flowers around the building and cleaned up the property and noted • he has only been there for a month, but will consider and try his best to make the place beautiful. 07-28-03 Page 14 JULY 28, 2003 PLANNING COMMISSION MINUTES Commissioner Eastman reiterated and thanked Mr. Choi for cleaning it up, and explained she doesn't live • far from the subject site and sees it quite often and has noticed the difference. It is nice to have a business owner that is wiliing to do a little extra to make things look nice, so it is a pleasant thing to look at when you drive or walk by. Chairperson Vanderbilt explained he has washed his car at the subject site a few times, in order to watch the progress and also wished to commend the owner. He understands there are some concerns by the Commission in regards to the canopy, but in the times he has gone to the carwash in the past, when they had individual umbrellas for each table, there was an issue raised where the customers waiting for their vehicles to be washed would congregate underneath the shade of the adjacent apartment building. Therefore, he feels the canopy serves as a way to encourage customers to stay on the actual site. He referred to the newspaper stand dispenser and stated on the occasions he visited the site, he found there were newspapers and they were stapled together. i"here is just one copy of the local newspapers that anyone could pull up and read, and stated he feels it is different than advertisement that some people might suspect. He indicated he concurs with Commissioner Romero with respect to either finding something that is more consistent with a higher quality, since it is on the outside and in order for it not to serve as a nuisance to anyone. OPPOSITION: None • ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Flores abstained and with one Commission vacancy), that the Anaheim City Planning Commission does hereby concur with staff that the proposed projecf 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. Denied Waiver of Code Requirements pertaining to minimum number of parking spaces since it has been deleted. Approved, in part, the request to amend Conditional Use Permit No. 2001-04435 (TRACKING NO. CUP2003-04712) pertaining to hours of operation for an existing car wash and to amend previously-approved exhibits deleting the accessory take-out food service portion of the business and deleting the request to permit a modular office trailer. Incorporated conditions of approval contained in Resolution No. PC2001-138 into a new resolution which includes the following conditions of approval (Condition Nos. 3, 5, 11, 12 and 17 are new and/or modified conditions; a new condition of approval was added at today's meeting): 1. That there shall be no public telephones on the premises, which telephones are located outside the building. 2. That all existing and proposed roof-mounted equipment shall be screened from view • in accordance with the requirements of the CG "Commercial General" Zone. Said information shall be specifically shown on the plans submitted for building permits. 07-28-03 Page 15 JULY 28, 2003 PLANNING COMMISSION MINUTES • 3. That no portable canopies or awnings other than those shown on Exhibit No. 1(i.e., the detail canopy and customer waiting area canopy adjacent to Ohio Street) shall be permitted. 4. That no advertisement of food or drink shall be permitted. Any additional signs shall be subject to review and approval by the Planning Commission as a"Reports and Recommendation" item. 5. That the hours of operation shall be limited to 8 a.m. to 6 p.m., daily. 6. That a non-audible system shall be used to inform customers that their vehicle is ready for pick-up. 7. That all outdoor activities shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels." 8. That on-site tables and seating areas shall be limited to those shown on Exhibit No. 1 submitted by the applicant and approved by the Planning Commission. 9. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 10. That no public address ("PA") system shall be used on the premises. 11. (a) That the vacuum and dryer equipment shall be entirely enclosed in the equipment room; and that the doors to the equipment room shall be solid • core construction and equipped with self-closing devices. Said information shall be specifically shown on plans submitted for Building Division approval. (b) That sound pressure levels at the property line to the south (abutting the public alley) shall be measured after the vacuum equipment enclosure is constructed to ensure compliance with Chapter 6.70, "Sound Pressure Levels". If the enclosure is inadequate to buffer the sound emanating from the vacuum and dryer equipment, the applicant shall be required to install sound attenuating material to the interior of the enclosure, and/or completely enclose the equipment area such that sound pressure levels at the property line are in compliance with Code. 12. That the trash enclosure shall be refurbished and repaired, including the removal of graffiti, the repair of enclosure doors, as well as the removal of concrete debris from the enclosure area. 13. That no banners or other advertising visible to adjacent streets shall be displayed inside the car wash tunnel unless a Special Event Permit is first obtained. 14. That trash storage areas shall be provided and maintained in location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum fhree (3) foot centers or tall shrubbery. ~ 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 07-28-03 Page 16 JULY 28, 2003 PLANNING COMMISSION MINUTES • 16. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 17. That the car wash shall comply with all state laws and local ordinances pertaining to Water Conservation Measures. 18. That subject property shall be developed substantially in accordance with plans 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 3, and as conditioned herein. 19. That within sixty (60) days from the date of this resolution, Condition Nos. 2, 11,12, 15, 17 and 18, 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. 20. 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. Added the following condition of approval to read as follows: . That decorative permanent trash containers be installed to serve the customer waiting area. VOTE: 5-0 (Commissioner Flores abstained and with one Commission vacancy) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 13 minutes (2:07-2:20) • 07-28-03 Page 17 JULY 28, 2003 PLANNING COMMISSION MINUTES 3a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff • 3b. CONDITIONAL USE PERMIT NO. 931 Approved reinstatement (TRACKING NO. CUP2003-047291 with deletion of time limitation OWNER: Shana Arastoo, 10 Hillgrass, Irvine, CA 92612 AGENT: Carlos Negrete, 27422 Calle Arroyo, San Juan Capistrano, CA 92675 LOCATION: 1652 West Broadwav. Property is approximately 0.42- acre, having a frontage of 90 feet on the south side of Broadway, located 815 feet east of the centerline of Euclid Street (Royal Health Care). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 18, 2001 to expire June 18, 2003) to retain a board and care facility for mentally disabled adults. CONDlTIONAL USE PERMIT RESOLUTION NO. PC2003-112 Sr1122cw.doc Chairperson Vanderbilt asked staff to introduce the subject item. Greg McCafferty, Principal Planner, sfated the subject request is to reinstate a board and care facility for mentally disabled adults and staff is recommending approval of the reinstatement as conditioned in the ~ staff report. Chairperson Vanderbilt noted the request is for property located at 1652 W. Broadway (Royal Health Care) and indicated he has one speaker card. Applicant's Statement: Carlos Negrete, 27422 Calle Arroyo, San Juan Capistrano. He stated he is present to represent the owners and to answer any questions. THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt addressed the issue of supervision and stated he understands they deal with a very select population and the type of care that is occurring at the site, and is aware the report states there is supervision occurring. But, asked if individuals are able to walk off the property. He pointed out that he has noticed on a few occasions, and even today he saw an individual who was propped up against one of the chainlink fences, he is not sure if that person was a resident, but it did not appear there was any supervision taking place. Mr. Negrete responded he is not sure what time period that was whether it was in the recent months, but generally there is supervision at all times for the residents at the facility, and it is rare that anyone wanders off because great care is taken to ensure that residents do not go onto the street or further beyond their designated areas. At certain times, they are allowed to get some sun and walk around and be on the facilities outside. But, it is very rare and I am not sure of the said incident, or if in fact it was one of the residents. Chairperson Vanderbilt verified with Mr. Negrete that there is supervision at all times, and at some points • individuals are allowed to walk the area/grounds. Mr. Negrete was in agreement. 07-28-03 Page 18 JULY 28, 2003 PLANNING COMMISSION MINUTES • Commissioner O'Connell referred to the proposed number of residents from 66 to 70 and asked where the number comes from, is it a State or County number. Mr. Negrete responded the number is allowed by State licensing for that subject facility and the number has been in existence, they are well aware of the process. Commissioner O'Connell stated the guidelines are then followed, and asked if it is State or County. Mr. Negrete responded it is the State, but the County also has regulations. Commissioner Flores asked if the rooms are large or small, and if beds are being added. Mr. Negrete responded the beds have already been existing, and the rooms are similar to hotel rooms. Commissioner Flores asked how many 6eds are in each room. Mr. Negrete responded in some rooms, no more than two per room. Commissioner Flores clarified if the facility has been available to have that many people, but did not. Mr. Negrete informed the original conditional use permit was operating for years, and then it was mentioned severa( years ago that there was no conditional use permit for that amount of beds, and it was corrected. Commissioner Flores asked if the bed amount is raised, does that change the parking. • Mr. McCafferty responded he would check the parking code to verify. Commissioner Bostwick asked what is the staffing for the 70 beds. Mr. Negrete responded there are twelve (12) full time staff members. Commissioner Bostwick asked at all times, or during a 24-hour period. Mr. Negrete responded over a 24-hour period, staggered, but there is always staff at the facility. Commissioner Bostwick clarified that the residents don't have cars. Mr. Negrete was in agreement and explained which is why parking is not an issue because they are not driving in and out. Commissioner Flores asked if there would be more employees, since more beds are being proposed. Mr. Negrete reiterated the current use has been existing for many years and shouldn't change the character or dynamics of the parking or staff, but also noted there has been staff increases throughout the years. Commissioner Flores stated the subject facility looks much nicer than the photos. Mr. Negrete indicated that the recommended conditions have already been completed. Mr. McCafferty responded to the parking issue, and stated there was a parking waiver that was granted previously when this was before the Planning Commission in June of 2001. At that time, fifty-three (53) ~ parking spaces were required per Code and eleven (11) were provided. Basically, with the parking ratio, .8 per bed, increasing it to 70 beds would require fifty-six (56) parking spaces (.8 x 70). Therefore, it would increase the parking waiver, and technically they have a waiver that is granted but the assumption 07-28-03 Page 19 JULY 28, 2003 PLANNING COMMISSION MINUTES is based on fifty-three (53) parking spaces required, not fifty-six (56). The parking study would have to be • reviewed again by the Traffic and Transportation Manager, and if he concurs then it would not be a problem to increase it to 70 beds. However, that would require it to be readvertised in order for the public to have an opportunity to know that they are increasing their parking requirement. Commissioner Bostwick asked if the subject request is approved today could it be done as a Reports and Recommendations item. Selma Mann, Assistant City Attorney, stated there is the possibility of rather than having a number on Condition No. 1, to just indicate "that the maximum number of adult residents (ages 18-59 years) shall be limited to the number that is indicated on the license that the applicant is required to obtain per the Community Care License facility." 7hat way there really is no indication of any particular number triggering a requirement for a new parking study and the waiver is not impacted. It is with the stipulation of the applicant that in effect this is really a limited removal of a numerical maximum because there is a limited number of rooms and a limited number of beds, which could not exceed 70. She stated the Traffic and Transportation Manager is in agreement that this change should not present a problem. Chairperson Vanderbilt explained there would then be a modification to the condition of approval in the staff report, "to defer the number of residents to what is allowed by the State" and in doing so, the requirement of a new parking study being advertised and then considered at a later date would be removed. • Mr. Negrete was in agreement. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy), 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 request for reinstatement of Conditional Use Permit No. 931 (Tracking No. CUP2003-04729), to retain a board and care facility and increase the number of residents from sixty-six (66) to seventy (70) [28 non-ambulatory and 42 ambulatory) mentally disabled adults (ages 1$-59 years), who have been screened to successfully integrate into a residential setting, without a time limitation. Amended Resolution No. 2001-77 in its entirety and replaced with a new resofution which includes the following conditions of approval (Condition Nos. 1, 2, 16 and 17 are new and/or modified conditions; and Condition No. 1 was further modified at today's meeting): That the maximum number of adult residents (ages 98-59 years) for this facility shall be limited to the number approved by the Department of Social Services Community Care Licensing Division and screened for successful integration into a residential setting. 2. That all existing ground-mounted utility equipment be screened from view. • 07-28-03 Page 20 JULY 28, 2003 PLANNING COMMISSION MINUTES • 3. That all services, including meals provided by this facility, shall be for the residents at this address (1652 West Broadway) only. 4. That a valid business license shall be maintained for this facility from the Business License Division of the City of Anaheim Planning Department. 5. That the number of resident vehicles shall at no time exceed the number of available parking spaces on the premises, which spaces are open and accessibie. 6. That the petitioner shall provide a twenty-four (24) hour per day, on-site manager who will be responsible for responding to any neighbor's concerns regarding the facility. That the name and telephone number of the on-site manager shall be kept on file with the Code Enforcement Division. 7. That the trash storage areas shall be maintained in a manner satisfactory to the Public Works Department, Streets and Sanitation Division. 8. That the petitioner shall furnish a copy of the license, with any attached conditions, issued by the State of California Social Services, Community Care Licensing Division, authorizing the operation of the adult care facility for seventy (70) residents to the Zoning Division of the Planning Department. Said conditions shall become conditions of this resolution. 9. That the existing structure shall comply with the minimum standards of the city of Anaheim including the uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire codes as adopted by the City of Anaheim. • 10. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within the twenty-four (24) hours from time of occurrence. 11. That the operation of this facility shall be limited to a non-medical board and care, dispensing of prescribed medications and assisting with activities of daily living. 12. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 13. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumption and/or conclusion relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provision of Sections. 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 14. That no signs shall be visible off-site identifying this use as a board and care facility. 15. That subject property shall be maintained in accordance with plans and • specifications submitted to the City of Anaheim by the petitioner and which plans are on file in the Planning Department marked Exhibit Nos. 1 and 2 of 07-28-03 Page 21 JULY 28, 2003 PLANNING COMMISSION MINUTES • Conditionai Use Permit No. 931 (as amended Tracking No. CUP2001-04354) and as conditioned herein. 16. That the existing landscaping along Broadway shall be refurbished with new shrubs and groundcover. 17. That the unused freestanding sign adjacent to Broadway shall be removed. 18. That within sixty (60) days from the date of this resolution, Condition Nos. 2, 16 and 17, above-mentioned shall be complied with. 19. 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: 6-0 {with one Commission vacancy) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 14 minutes (2:20-2:34) ~ ~ 07-28-03 Page 22 JULY 28, 2003 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 4b. CONDITIONAL USE PERMIT NO. 1322 (TRACKING NO. CUP2003-04725) OWNER; Sidney E. 8ickel, 5585 Via Dicha #B, Laguna Hills, CA 92653 AGENT: Phillip R. Schwartze, The PRS Group, 31682 EI Camino Real, San Juan Capistrano, CA 92675 LOCATION: 633 South East Street. Property is approximately 1.9 acres, having a frontage of 240 feet on the west side of East Street, located 182 feet north of the centerline of South Street (Quartz Dealer Direct). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on February 11, 2002 to expire March 1, 2003) to retain an automobile wholesale and retail auction facility. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-113 Chairperson Vanderbilt asked staff to introduce the subject item. Approved Approved reinstatement for 2 years (to expire on March 1, 2005) sr8623vn.doc Greg McCafferty, Principal Planner, stated the subject request is to retain an automobile who(esale and retail auction at 633 S. East Street, Quartz Dealer Direct and staff is recommending that the Commission ~ reinstate the auto auction to expire on March 1, 2005, which would give the applicant enough time to relocate to the proposed location and allow them to operate during the interim period. Applicant's Statement: Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano. He stated he is pleased to report that business has been doing well and has been successful in finding them a site larger than what is needed. Currently they're on 1.9 acres, and they're actually a 5-acre business and are about to lease 10 acres from Edison and move to Stanton. He explained in order to get the time to get over there and get the building built, they are requesting an extension. Chairperson Vanderbilt asked if anyone else was present to speak on the subject item. Public Testimony: John Maresca, Sagamore Properties, 146 E. Orangethorpe Ave., Anaheim. He indicated he has a letter prepared and submitted it to the Planning Commission. He stated they currently own the property at 621- 631 S. East Street, immediately adjacent and to the north of the subject property. He explained the request for an extension has been on-going for over 1%2 years. Originally, at that time, the Planning Commission had allowed previous extensions of the conditional use permit with the intent that the applicant would be relocating to another more suitable site, this was in direct response to the many neighbors, both residential and commercial who had complained about noise, hours of operation and various parking problems associated with the subject site. He explained the applicant was aware of these concerns and has previously represented that they would be relocating to another more suitable site, but just needed a little more time. We have continued to experience at our site, continued parking and "drop ofP' problems, along with truck congestion in the alley • way created by the subject site. In fairness, we commend the Planning Commission in their reasonableness in allowing this business as well as others ample time to properly relocate. 07-28-03 Page 23 JULY 28, 2003 PLANNING COMMISSION MINUTES • He stated the applicant has previously represented, they need to finally secure a more suitabie site for their operation, therefore, we are asking that the Planning Commission keep these original concerns and their original intent in mind when providing any further extensions. We thank the Planning Commission in advance for taking these concerns into consideration, specifically I would recommend to the Commission if they would consider a shorter period of time, perhaps 6 months to 1 year as an extension. Certainly, it doesn't preclude the Commission at future dates to extend it further as they see fit. But, two years puts the burden on neighboring property owners to try to oversee the conditional use permit, which is a little more difficult. He stated he appreciates the Commission's judgment and assessment in the subject matter. THE PUBLIC HEARING WAS CLOSED. ApplicanYs Rebuttal: Mr. Schwartze stated they are presently going through the entitlement process in the City of Stanton, which would be completed in about 90 days; the application was made months ago. By the time the building is built, it would put them at about 14-15 months to get properly relocated, which +s how they came up with the number for the proposed time extension. Commissioner O'Connell asked how long has the applicant been at the subject site. Mr. Schwartze responded since 1972, and explained that the business has been successful and has grown. It is presently on 1.9 acres, but feels it is a 5-acre business. He explained the problem is the parking of the brokers when they come to buy the cars, they do have off-site parking located at the CHOC facility, off of Lincoln, therefore their brokers park there on Mondays and Fridays. He feels the off-site parking issue has been resolved, and since they have been successful they are in need of a bigger site and have been struggling to find a site over the last few years. Currently, they are fortunate to have . found a site with Edison and it is just a matter of completing the paperwork. Commissioner Bostwick asked if the lease has been solidified or is if pending. Mr. Schwartze responded the lease is solidified, the entitlement through the City of Stanton is not, but there has been full agreement wifh fhem as they've had meetings with the staff, manager and mayor who are happy to have them. Commissioner Bostwick indicated he has been by the subject site many times, and noticed the neighboring properties have cones and signs, which indicate "no parking". He explained people pull in and back out and then go park in the neighborhood, therefore, he feels parking at the CHOC facility does not work. Mr. Schwartze explained they have improved that recently, when they go to CHOC and park, they are handed a ticket, they are not allowed in to take a bid sheet unless they have the ticket in hand. Therefore, that precludes somebody from just parking in the neighborhood and walking across. We are trying to be the best neighbor that we can. Commissioner Bostwick stated he understands, but in reality it does not seem to work, he explained he saw the streets crowded and watched people trying to back out and drive in, and turn around. They park in the neighborhood and walk across the street. He feels it creates a traffic problem, as well as noise for the neighbors. He suggested a shorter time limit, but the actual date is March 1St of 2005, which is basically nine (9) months, and is not really two (2) years. Mr. Schwartze explained they would like to be off to the bigger site and solve all the problems they can, it ~ is just the function of them getting the building up, they will end up with 10 acres and will have a lot more space. 07-28-03 Page 24 JULY 28, 2003 PLANNING COMMISSION MINUTES • Commissioner Bostwick suggested notifying the brokers, by maii, to park at CHOC, in order to keep the traffic away from the site. Commissioner Flores asked if there is a sign existing, which advises the dealers to park. Mr. Schwartze responded they tend to use the same brokers, it is the same auto dealers, Mondays and Fridays are the only two days they have the auction. He stated they have been advised and signed waivers, and there are signs on the door. It is much easier for them to park at CHOC, rather than park in the neighborhood. Commissioner Flores asked if they could put a sign advising where to park. Mr. McCafferty stated if it's in the parking area, and is not intended to be viewed from the street, they could do that but the issue is if they're already on the lot, then it is already too late. In the past, on auction days they had attendants that controlled the traffic in order to ensure that there are no parking issues on the lot. But, they could put a sign since nothing prevents them from doing it. Commissioner Flores responded there are attendants. Chairperson Vanderbilt addressed the issue of the conditional use permit expiration date. Commissioner Eastman suggested making it eighteen (18) months rather than two (2) years. Mr. Schwartze informed eighteen (18) months would work fine with their schedule. Chairperson Vanderbilt felt twenty (20) months would be appropriate. • Commissioner Flores concurred with Commissioner Eastman. Mr. McCafferty informed the time limitation expired in March, therefore they're already into the two (2) years that staff is recommending, it would be staff's recommendation to leave it as is and if they find themselves running short, they still have the flexibility of returning back within the six (6) months renewal period to ask for a further reinstatement. Unless the applicant feels the recommendation in the staff report would not work for his client. Mr. Schwartze informed the entitlement period should be done by the end of the year, and the rest of it is purely construction on their part and they are anxious to move. Commissioner O'Connell concurred with Mr. McCafferty. Following the action, Commissioner Bostwick reminded the applicant to have the owner send out another flyer in regards to the parking. Mr. Schwartze responded he would be happy to do that. OPPOSITION: One person spoke in opposition to the subject request and submitted a letter. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Romero and MOTION CARRIED (with one Commission vacancy), 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. 07-28-03 Page 25 JULY 28, 2003 PLANNING COMMISSION MINUTES Approved the request for reinstatement of Conditional Use Permit No. 1322 (Tracking • No. CUP2003-04725) to retain an automobile wholesale and retail auction facility for a period of two (2) years, to expire on March 1, 2005. Amended Resolution No. PC2002-23 in its entirety and replaced with a new resolution which includes the following conditions of approval: That this conditional use permit shall expire on March 1, 2005. 2. That the hours of operation, except for off-loading of vehicles, shall be limited to the following, as stipulated by the petitioner: 8:30 a.m. - 9:00 p.m. on Monday 9:00 a.m. - 5:00 p.m. on Tuesday through Saturday Automotive auctions may be conducted on Mondays and Fridays for a maximum of three (3) hours on each day during the hours specified above. 3. That all auction vehicles shall be operable and parked in the screened storage area only. 4. That the 10-foot wide landscaped planter area adjacent to East Street shall be properly maintained with ground cover and shrubs as approved by the Planning Department. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking. • 6. 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. 7. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained in good condition. 8. That signage for subject facility shall be limited to the existing and legally permitted signage. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 9. That trash storage areas shall be 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. The 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. 10. That the applicant shall be responsible for maintaining the premises free of litter at all times. 11. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display. • 12. That there shall be no off-loading of vehicles during the hours of 10 p.m. to 6 a.m. 07-28-03 Page 26 JULY 28, 2003 PLANNING COMMISSION MINUT~S 13. That off loading of vehicles shail be limited to Rose Street behind the auction • facility. 14. That on-site car washing shall be limited to washing with tap water or deionized water without the use of soaps or detergents. Solvents or degreasers may be used on a spot basis, but must be wiped off before the vehicle is rinsed. 15. That any use of loud speakers shall not be audible to the residential properties. 16. That the applicant shall maintain an agreement recorded in the Office of the Orange County Recorder with nearby property owners for the appropriate number of parking spaces for this use, as required by the Traffic and Transportation Manager, at the shopping center located at 1215 East Lincoln Avenue and/or such other nearby sites. The number of parking spaces shall be in excess of that which is required by Code by said commercial retail center and or any other off-site parking site. 17. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, Revision No. 1, dated February 1, 2000, and as conditioned herein. 18. 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: 6-0 (with one Commission vacancy) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 15 minutes (2:34-2:49) u 07-28-03 Page 27 JULY 28, 2003 PLANNING COMMISSION MINUTES • 5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 5b. CONDITIONAL USE PERMIT NO. 2001-04433 Approved, in part, (TRACKING NO. CUP2003-047261 amendment 5c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. Approved 2003-00012 OWNER: Jerry O'Donnell, Richter Farms Trust, 5505 Garden Grove Boulevard, Suite 105, Garden Grove, CA 92683 AGENT: Ivett Campos, 1056 North State College Boulevard, Anaheim, CA 92806 LOCATION: 1056 North State Collepe Boulevard. Property is approximately 6.9 acres, located north and east of the northeast corner of State College Boulevard and La Palma Avenue (Carniceria EI Palmar). CONDITIONAL USE PERMIT NO. 2001-04433 - Request to amend the conditions of approval for an existing convenience market to permit retail sales of beer and wine for off-premises consumption. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2003-00012 - To permit retail sales of beer and wine for off-premises consumption within an existing convenience market. • CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-114 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC2003-115 sr3034ey.doc Chairperson Vanderbilt introduced the subject item located at 1056 North State Co llege Boulevard. Greg McCafferty, Principal Planner stated it is a request to amend conditions of approval for an existing convenience market. Two conditions are being requested for amendment. One pertains to increasing the hours of operation to midnight and to allow them to sell beer and wine for off-premise consumption. The second part is for the Planning Commission to determine if the Public Convenience or Necessity would be served by adding an additional beer and wine outlet to this police-reporting district. Police report is attached to staff report and recommends denial based on crime rate. Staff concurs with that recommendation. ApplicanYs Statement: Ivett Campos 12592 Glen Street, Garden Grove, 92840. Location is a general partnership that consists of family members. They are referring to the resolution of conditional use permit PC2001-134 dated September 24, 2001 and requesting to amend item 6 to allow window signage that is given by right to other businesses. They also want to have import and domestic beers to meet the needs of the surrounding communities. They have extensive wines and beers, not just the common brands. Chairperson Vanderbilt asked her to repeat what they intend to stock in the store but decided to wait for the question and answer session. Asked if there were other changes she wanted to make besides the • two changes on the CUP. Ivett Campos stated she just wanted to denote the additional request. 07-28-03 Page 28 JULY 28, 2003 PLANNING COMMISSION MINUTES • THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt stated there were questions at the preliminary hearing that occurred in the morning session. Commissioner Romero asked her to explain which holidays she wanted to stay open until midnight on and reasoning why they wanted to stay open that late. Ms. Campos stated the original proposal was to have extended hours on holidays, but when they had to denote which holidays it got too confusing, so they changed their letter to change their daily hours from 6 am until midnight. They are flexible on that though. Commissioner Romero verified that they wanted to stay open until midnight every day and asked about the beers that wi{I be sold. Ms. Campos stated that was correct. The beers are the common beers (she stated many names) sold at other stores, plus many other foreign brands of beer and wines. They are not carrying the common wines, just the Latin import wines. The store focuses on Latin products and surroundings are the Latin communities so they are trying to service all their needs. When it comes to the recipes they use, it calls for some of the liquor that they will be carrying. Commissioner Romero asked if beers will be kept warm and cold. Ms. Campos stated they carry extensive imported sodas and they, along with the beer, will be both cold and warm. Commissioner Romero stated he was at the location that morning and noticed two refrigerators and • asked if they are going to have more than that. Ms. Campos stated they have three and will have the same refrigeration but will reduce the back stock. Beer will be continually refrigerated. Commissioner Romero verified that there will be no additional. Ms. Campos was in agreement. Commissioner Bostwick stated his concern is the fact that there is already a liquor store in the center, and also JC Fandango has a lot of nightclub activity. He feels if the subject facility is open until midnight, the patrons can drink their liquor in the parking lot, then go in and create problems in JC Fandango. The staff report states there is a lot of crime and problems in the parking lot at late hours. Adding more alcohol sales in the subject area would aggravate the problems. Ms. Campos stated the existing liquor store closes at 9 p.m., they would be the only ones open late at night. There is security that patrols the front and back parking lots. Commissioner Bostwick stated it sounds like they want to go from a convenience store and meat market to a liquor store. Ms. Campos stated no because they are also incorporating the food to fill the need in the late hours. They are not trying to exceed their sales just on alcohol beverages; they just want to provide a need to the community. Commissioner Bostwick referred to the staff report, Condition No. 20, page 7, in regards to the liquor store which states no window signs shall be permitted. That condition is also being placed on them • through your CUP because it goes for the whole center, it is fair for them as well as the other liquor store. 07-28-03 Page 29 JULY 28, 2003 PLANNING COMMISSlON MINUTES • Ms. Campos stated they don't want to advertise alcohol, they want to be able to advertise their specialty products. Currently, they are exempt from any window signage and other businesses are given that by right. They don't think it is fair just because they are under a conditional use permit to be prohibited from any advertisement. Commissioner Bostwick stated one of the problems is that police can't see inside when windows are covered with signage. That is the reason for no window signage, particularly for convenience markets and liquor stores. It is for safety. Sergeant Michael Lozeau, Anaheim Police Department-Vice Detail, stated it is important to be able to see in the windows when patrol officers routinely drive by. If there is a robbery in progress and posters are pasted on the window, they can't see in. Ms. Campos stated she agrees with that but she is talking about what is already allowed to other businesses by right. It is 20%, so it is not obscuring visibility into the store. She is a code enforcement officer and intends to follow any ordinances and all other owners are aware of safety. They are going back to what everybody gets by right and that is 20% window signage and they will not advertise alcohol. Greg McCafferty, Principal Planner clarified for the Commission that she is referring to the General Code on signage which allows retail businesses to have up to 20% of their window as advertising. However, Planning Commission for discretionary actions such as co~venience markets and liquor stores, have been very prudent and not been granting any window signage not only for the safety of people in the convenience market, but for the officers as well. Ms. Campos asked if Greg McCafferty was famiiiar with their store. • Greg McCafferty, Principal Planner stated yes and he was there that morning. Ms. Campos stated their windows are from floor to ceiiing and asked if he thought that 20% would jeopardize their safety. Greg McCafferty, Principal Planner stated he would leave it to the Police Department. He also stated that contrary to conditions of approval, he saw merchandise stacked against the window. That, combined with window signage, does. If he were an officer responding to a burglar alarm in that center, he would want as little obstruction as possible to look for whoever was in that market. Commissioner Bostwick asked if liqueurs were permitted under beer and wine. Ms. Campos stated she retracted that, it will only be beer and wine. Commissioner Eastman stated these markets and liquor stores are more susceptible to crime. When she visited the site, she noticed things stacked closer than three feet from the windows. That is a part of the conditional use permit which they are already pushing. Ms. Campos stated they have only been owners for four months and they are learning, but they are willing to cooperate. Commissioner Eastman stated she is pointing that out because Ms. Campos stated she abides by codes. She was there the night before around 7 o'clock and noticed JC Fandango took up all the parking and she discussed it with some of the owners that were there. There is no visible, easy, identifiable place to park in front of the market. She observed three cars parked in the red zone and that is the fire lane. There have been problems in the past with JC Fandango exceeding permitted numbers of people and being a fire danger, they are dealing with two uses that have to figure out a way to get along. • Ms. Campos stated they haven't taken that approach with management or the property owner because they wanted to obtain the right to be there after hours to coordinate with them. 07-28-03 Page 30 JULY 28, 2003 PLANNING COMMISSION MINUTES • Commissioner Eastman stated you get into an area of public safety if Commission gives them extended hours into the evening, but if it is earlier, it might not be as much of a problem. Ms. Campos stated she thought of approaching the property owner to give them a green stripe within the parking lots. Commissioner Eastman stated designated parking specifically for the market should be a part of this plan. She found it shocking in looking for a place to park beyond them, it was all roped off and valet parking. As you went further into the area and if you didn't know the neighborhood you may be concerned, because there were several armed security guards there, and a lot of people around. There were three vehicles in the red curb and that is against city ordinances. Ms. Campos stated usually vehicles in the red are business owners, not customers. Greg McCafferty, Principal Planner verified red curbs are fire lanes or required aisle width for two-way traffic to go to and from the parking area, so you cannot park on a red curb. Chairperson Vanderbilt stated this business is much closer to a grocery store than a liquor store. He spoke to Gus and Gabriel, the other two owners who identified one-third of the refrigeration unit for liquor purposes. He asked if there was enough room for the variety of alcohol that she mentioned earlier. Ms. Campos stated variety doesn't mean volume. Chairperson Vanderbilt stated that is also indicative of the fact that this is more of a market because they are shooting for variety. He feels customers are going to want to purchase alcohol because of the specialty nature of the beverage rather than the fact that it is liquor. He also thinks it will be at more of a • premium price and asked if they will carry the more common brands. Ms. Campos stated they will carry domestic also, but the focus is Latin import beers. Commissioner Flores commented that she has shopped at this market before she was a Commissioner and it is more of a market to her. Liquor is something they need to stay in that area because they are competing against Stater Bros. She understands they are flexible with the times. Ms. Campos stated the original proposal was to remain open late only on holidays and she wasn't prepared to give exact, but it would be the ones that are on the American calendar with the exception of some Latin holidays that are not on there. Commissioner O'Connell asked the applicant to verify if they want to open until midnight daily. Ms. Campos stated they want the option to be able to stay open. Commissioner O'Connell clarified that the business will dictate that. He goes along with the last two Commissioners. He was at the site that morning and expected a small liquor store. He found it to be a nice mini Ralph's and it is totally separate and not in direct competition with the liquor store that is at the direct end of the complex. He knows there are problems and police issues with Fandangos, but doesn't want to see this business suffer as a result of the Fandango situation. He thinks the market will dictate the hours and he doesn't want to tell them they have to close at 9 o'clock just because Fandangos gets busy. Chairperson Vanderbilt stated topics have been narrowed pertaining to signage and hours. Commissioner Eastman stated she didn't see a time limit in the staff recommendation if it gets approved. ~ She doesn't want to put a hardship on them and wishes them success, it is a nice, clean operation and there is a need in the community that they are trying to serve. On the other hand, they have to consider 07-28-03 Page 31 JULY 28, 2003 PLANNING COMMISSION MINUTES • the crime statistics in the area and if there were a tremendous leap in it, a time limitation would be good. She suggested a trial period. Commissioner Sostwick stated this is a family operation, and just as they have recently bought the business, what Commission approves, goes with the next owner. Commission doesn't know who that is and although current owners are doing a nice job, if they decide to sell, the new owner gets what is approved here. Commission has to craft it for the property and neighborhood and City as a whole, not just for this operator and family. He is also in favor of a two-year term limit which gives time to get some statistics. For the record, he is not in favor of going until midnight. They have demonstrated there is a parking problem and crime in the area. He suggested 6 a.m. until 10 p.m., every day of the week but not until midnight. Commissioner Romero is not in favor of the midnight hours either. He is in favor of allowing the liquor with some fixed time limit, but adding that and the extra hours is not a good combination. He agrees with Commissioner Bostwick. Ms. Campos asked if that was daily or on holidays. Commissioner Romero stated daily. Commissioner Bostwick stated it is daily including holidays, 365 days a year. Commissioner Eastman concurs and is uncomfortable for the same reasons stated. Not only for the owners, but for the community and all involved. Chairperson Vanderbilt asked if after two years Commission would reconsider. • Commissioner Bostwick stated they would have to look at crime statistics and all factors. They can come back at the end of two years and ask for it to be changed. Chairperson Vanderbilt senses 10 p.m. time and the market may dictate the hours to some extent. Commissioner O'Connell stated the market will definitely dictate, but it is their choice as a business owner to be able to decide what hours they think they can open and will stay open and asked if a two-year restriction was being considered. Commissioner Eastman clarified it will expire in two years, so you can then look at their record and crime statistics in order to evaluate whether it is working. Commissioner O'Connell stated 99% of the problems are not with the market or liquor store, it is Fandango's nightclub and asked what if someone wants to buy their business but they only have six months left on their CUP for selling beer and wine. He thinks it restricts them as a business owner. Being a businessman, he doesn't think he would buy a business that would have to be changed or lost within a year. Doesn't think it is fair to the business especially since they have not had issues in the past. It is a nice clean store and doesn't think there will be issues there. He doesn't want to punish them due to the rest of the center. Commissioner Romero stated they haven't heard from the Police Department. Sergeant Lozeau stated the Department's record shows that area is 30% above the average crime rate. In the surrounding districts to the north, the crime rate is 68% below average. To the south it is 22% above average and west is 133% above average, to the east it 26% above average. If you add another liquor license there, it adds fuel to the fire. • Commissioner Romero verified that the Police Department's recommendation is to not add beer and wine to that location. 07-28-03 Page 32 JULY 28, 2003 PLANNING COMMISSION MINUTES • Sergeant Lozeau stated anything with a 20% crime average is recommended for denial. Ms. Campos asked how many permits are allowed and issued in the west end. Sergeant Lozeau stated 68% was below average to the north. All the surrounding districts are above average. Greg McCafferty, Principal Planner clarified except for north, all other districts are above average. Ms. Campos stated she is concerned about the west area that exceeds limit allowed vs. them who is under the limit for the district. Greg McCafferty, Principal Planner stated it is in the Police Department's memo. Commissioner Bostwick stated there are five allowed and four in use, one pending, so they haven't exceeded for the off sale in that zone. Greg McCafferty, Principal Planner stated Police Department's mission is a little different than staff. It appears that everybody wants to approve this change of the business and have it succeed. Staff's suggestion is to grant it for a limited period of time with the limited hours. See how it goes and if there is no problem, when they bring it back for removal of that condition to reinstate it, Planning Commission can look at it and say it has operated without any detriment to the surrounding area so they remove the time limit. If it is not, then Commission has done a good job by preventing something from being open ended. Staff supports that. He stated he has served this Commission for some time and doesn't know that they have ever taken away a beer and wine for off premises once it has been granted. It has either been restricted again for a limited period of time or the time limit was removed. Commission has never granted one and taken it away. • Ms. Campos asked if they would have to reapply and pay all the fees again. Greg McCafferty, Principal Planner stated it is a little different, you do not have to start from the beginning, and it is a limited application called amendment to conditions of approval or reinstatement. You just have to pay for readvertisement of the case to amend the condition. Commissioner Flores asked if the study from the Police would be just the store itself or the surrounding area and doesn't feel her store is the cause of all the crime. Greg McCafferty, Principal Planner stated the Police have statistics based on calls for service and can give the statistics for this specific business, as well as for surrounding businesses. Commissioner Bosfinrick stated the over concentration, the total area crime is the whole area but they can give specific statistics for the address. In being fair to them, sometimes the officer writes down the address that he is in front of and it might be in the parking lot and have no re{ationship to that address, but that is the way it is reported. Commissioner Romero stated it would be a totally different set of circumstances now that they are allowed to sell alcohol. There is no going back on these things. Commissioner Flores stated regarding signage, the other businesses are probably not following their CUP, they are not supposed to be putting any window signage on their windows so they are violating their own CUP. Commissioner Eastman stated under the old CUP which they are currently under, there are to be no shopping carts, no video electronic, and other amusement devices and games. They do have shopping • carts in their store and it is understandable with the type of business that they have, but if Commission is going to allow it, they need to get it off of the conditions. 07-28-03 Page 33 JULY 28, 2003 PLANNING COMMISSION MINUTES • Chairperson Vanderbilt stated that is p~udent. Commissioner Romero verified there is no single sale of beer. Ms. Campos stated yes and asked for reconsideration of the hours especially on holidays seeing as they are responsible and conscious of safety and stated she feels the holidays are the most profitable days. Commissioner Romero asked what kind of business they intend to conduct between 10-12 p.m., on Christmas and/or holidays and how many days out of the year are they asking for. Ms. Campos mentioned several Latin food items that people need ingredients for. As for holidays, she stated everything on the calendar. Commissioner Romero asked for a number. Ms. Campos stated seventeen (17) days throughout the year. During the action, Chairperson Vanderbilt added it is based on uniqueness of the product, our policy conforms to usual factors, which are applicable to this particular condition, this establishment caters to a specific customer and specialty market. Commissioner Eastman asked for clarification in regards to the holidays. Chairperson Vanderbilt asked staff if they need a list of specific dates or can it be crafted in such a way that states fifteen (15) holidays. Greg McCafferty, Principal Planner stated there is no practical way to monitor it, so it is up to the • Commission if they want to do that. Intent of selling beer and wine up to that closing time has to be stated. Commissioner Bostwick stated the problem is they would probably want to be open Christmas Eve and not Christmas day. Setting a particular day on this or that is the reason why he suggested until 10 p.m., leave it at the flat amount with a two-year timeframe and they can see what happens after that. Commissioner Flores stated holidays are when they will be making a lot of business, not necessarily the liquor, but selling other products. OPPOSI710N: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy), 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, in part, the amendment of Conditional Use Permit No. 2001-04433 (Tracking No. CUP2003-04726) to amend the conditions of approval for an existing convenience market to permit retail sales of beer and wine for off- premises consumption for a period of 2 years (to expire July 28, 2005), and to • modify the exhibits (to add a take-out food preparation and service area) and to modify the hours of operation. 07-28-03 Page 34 JULY 28, 2003 PLANNING COMMISSION MINUTES ~ Approved the request for Determination of Public Convenience or Necessity No. 2003-00012 (to permit retail sales of beer and wine for off-premises consumption within an existing convenience market), based on the testimony presented at today's meeting and findings that this is a unique product and that it caters to an unusual market and it is a specialty market. Incorporated conditions of approval contained in Resolution No. PC2001-124 into a new resolution which includes the following conditions of approval (Condition Nos. 2 through 9 are new conditions; Condition Nos. 1 and 10 were modified and a new condition of approval was added at today's meeting): Convenience Market: 1. That the hours of operation for the convenience market shall be limited to 6 a.m. to~ 10 p.m. daity. Deliveries shail only occur using east facing doo-ways from 12 p.m. to 3 p.m. 2. That the sales of alcoholic beverages shall not exceed thirty five percent (35%) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis showing the separate amounts of sales of alcoholic beverages and other items. These records shall be subject to audit, and made available, when requested by any City of Anaheim official during reasonable business hours. 3. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that no audible advertising of alcoholic beverages ~ shall be permitted. 4. That no alcoholic beverages shall be consumed on the premises. 5. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 6. That the areas of alcoholic beverages display shall not exceed twenty five (25) percent of the total display area in the building. 7. That the sales of alcoholic beverages shall be made to customers only when the customer is inside the building. 8. That no person under finrenty one (21) years of age shall sell or be permitted to sell any alcoholic beverages. 9. That beer shall not be sold in packages containing less than a six (6) pack, and that wine coofers shall not be sold in packages containing less than a four (4) pack. 10. That no s#~e~g-sar~s, video, electronic or other amusement devices or games shall be permitted in conjunction with this convenience market. 11. That window signage shall not be permitted for the convenience market. All fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. Added the following condition of approval to read as follows: S That the beer and wine portion of this permit shall expire in two (2) years on July 28, 2005. 07-28-03 Page 35 JULY 28, 2003 PLANNING COMMISSION MINUTES • Laundromat: 12. That there shall be no amusement devices or games maintained upon the premises at any time. 13. That there shall be no public telephones maintained on the property that are located outside the building and within the control of the applicant. 14. That the operator of this laundromat shall be fully responsible for keeping all laundry carts within the building. 15. That during all hours of operation the laundromat shall be operated with at least one (1) attendant on-site. 16. That there shall be no window signs permitted in connection with the laundromat. Liquor Store 17. That no alcoholic beverages distributed from this establishment shall be consumed on the property. 18. That there shall be no amusement devices or games maintained upon the premises at any time. ~ 19. That no public telephones, which are located outside the building and within the control of the applicant, shall be maintained on the property. 20. That there shall be no window signs permitted in connection with the liquor store. Commercial Retail Center: 21. That all trash generated from this commercial retail center shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owners. 22. That all public telephones (existing or proposed) shall be located inside the building only. 23. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted. 24. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 25. That roof-mounted balloons or other inflated devices shall not be permitted. ~ 26. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 07-28-03 Page 36 JULY 28, 2003 PLANNING COMMISSION MINUTES ~ 27. That no vending machines shall be permitted on the property which are visible from the public right-of-way. 28. That any existing or proposed roof-mounted equipment shall be subject to the screening requirements of Anaheim Municipal Code Section No. 18.44.030.120 pertaining to the CL Zone. 29. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 30. 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. 31. That the owner shall be responsible for maintaining the premises free of litter at all times. 32. That the number of tenant spaces shall be limited to thirty (30) units as reflected in the site plan (Exhibit No. 1). 33. That signage for subject facility shall be limited to all legal existing signage as of the date of this resolution. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 34. That all wall sign cabinets shall be fitted with copy panels. 35. That the subject property shall be developed substantially in accordance with plans ~ 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 and Revision 1 of Exhibit No. 2, and as conditioned herein. 36. That prior to the commencement of the activity authorized by this resolution Condition No. 35, above-mentioned, shall be complied with. 37. 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 ON CUP: 4-2 (Commissioners Flores and O'Connell voted no; with one Commission vacancy) VOTE ON PCN: 6-0 (with one Commission vacancy) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 50 minutes (2:50-3:40) ~ 07-28-03 Page 37 JULY 28, 2003 PLANNING COMMISSION MINUTES ~~ 6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 6b. CONDITIONAL USE PERMIT NO. 3703 (TRACKING NO. CUP2003-04727) OWNER: Lewis R. Schmid, Trustee, 1725 South Douglass Road, Suite C, Anaheim, CA 92806 AGENT: Jason Schmid, J.T. Schmid's Restaurant, 2610 East Katella Avenue, Anaheim, CA 92806 LOCATION: 2610 East Katella Avenue. Property is approximately 3.1 acres, located at the southeast corner of Kateila Avenue and Douglass Road (J. T. Schmid's Restaurant and Brewery). Request to amend or delete a condition of approval pertaining to retail sales of beer for off-premises consumption for beer manufactured on the premises in conjunction with an existing restaurant and brewery. CONDITIONAL USE PERMIT RESOLUTION NO. PC 2003-116 Approved Approved amendment to conditions of approval sr1021 cw.doc ApplicanYs Statement: • • Jason Schmid, 2610 East Katella Avenue. He indicated he read the staff report and has no questions or concerns regarding the content. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero asked if beer would go bad if iYs sold at room temperature. Jason Schmid stated it is room temperature, "cask" temperature that allows the beer to remain fresh and sellable. Commissioner Romero asked if beer will be behind the hostesses in a display and how will they be kept, are they the type of jugs where people can have them refilled. Jason Schmid stated a cooler will be installed and will be kept like a normal beer cap. It is not a growler, it is a bottle because growlers have to come directly off the tap and is labor intensive. Commissioner Flores asked if it was a twist off cap and can someone buy the bottle and walk out. Jason Schmid responded it needs a bottle opener and they would have to like warm beer. Commissioner O'Connell asked if there were concerns with people drinking in the parking lot. Jason Schmid stated he would if it were colder and that is the reason they are selling it at room temperature. Commissioner Romero asked the cost of a 22 ounce. Jason Schmid stated it would probably be $5.50, same price of a 22-ounce glass sold in the restaurant. Commissioner Romero stated it should be more expensive to prevent people from buying those. 07-28-03 Page 38 JULY 28, 2003 PLANNING COMMISSION MINUTES • • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, (with one Commission vacancy), that the Anaheim City Pianning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Approved the amendment of Conditional Use Permit No. 3703 (Tracking No. CUP2003- 04727) to amend a condition of approval pertaining to retail sales of beer for off-premises consumption for beer manufactured on the premises in conjunction with an existing restaurant and brewery. Incorporated conditions of approval contained in Resolution Nos. PC94-119, PC96-44 and PC98-131 into a new resolution which includes the following conditions of approval. That the minimum number of parking spaces required by Code shall be available for subject proposal. If any off-site parking spaces are provided on the adjacent Orange County owned property to satisfy the Code requirement, a parking agreement between the subject property owner and the County of Orange shall be submitted to and approved by the City Attorney's Office, and submitted to the Zoning Division following recordation with the Office of the Orange County Recorder. This conditional use permit shall be valid only if Code required parking is available. ~ 2. That subject restaurant shall continuously adhere to the following conditions, as required by the Police Department: a. Food service, including meals, shall be available until 11:00 p.m. or closing time, whichever occurs first, on every day of operation. b. The alcoholic beverage license shall not be exchanged for a public premises type license nor shall the premises be operated as public premises. c. That the retail sale of alcoholic beverages for public consumption off the premises shall be limited to 22 ounce bottles or larger. Individual bottles sold for off-premises shall be stored and sold at room temperature (62 degrees) and all beer sold for off- premises consumption shall be manufactured on the premises. d. That the gross sales of alcoholic beverages shall not exceed forty (40) percent of the total gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. e. Entertainment provided on the premises shall not be audible beyond the area under the control of the business. The exterior doors shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. ~ 07-28-03 Page 39 JULY 28, 2003 PLANNING COMMISSION MINUTES • g. There shall be no more than finro (2) exterior advertising devices of any kind or type (such as signs), including advertising directed to the exterior from inside the building, promoting or indicating the availability of alcoholic beverages. h. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without first obtaining all proper permits as required by the Anaheim Municipal Code. i. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. The lighting in the area shall be shielded to prevent unreasonable illumination of the window areas of nearby businesses. The number of persons attending any event at subject property shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the maximum occupancy shall be prominently displayed within the premises. k. No alcoholic beverages shall be consumed on any property adjacent to the premises under the control of the applicant. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 am. and 2:00 a.m. m. At any time entertainment is provided on the premises, the applicant(s) shall provide a maximum of three (3) uniformed security guards (who shall comply with ~ all requirements of the California Department of Consumer Affairs and the Anaheim Municipal Code) to maintain order therein as directed by the Anaheim Police Department. n. There shall be no pool tables or coin-operated games maintained upon the premises at any time. o. Subject business shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 3. That the property shall maintain compliance with the solid waste storage and collection plan and recycling plan. 4. That any proposed freestanding sign on subject property shall be a monument-type not exceeding eight (8) feet in height and shall be subject to the prior review and approval of the City Traffic and Transportation Manager to determine adequate lines-of-sight. 5. That, in addition to the restaurant, there shall be a maximum of eight (8) retail units permitted. 6. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1 and 3; Exhibit Nos. 2, • 4 and 5; and Exhibits A through E(restaurant) and as conditioned herein. 07-28-03 Page 40 JULY 28, 2003 PLANNING COMMISSION MINUTES ~ 7. That the following accessory uses may be permitted for subject planned unit commercial shopping center: a. Cellular service and/or distribution b. Bakery, sales and/or preparation and distribution limited to facilities with up to ten (10) customer seats c. Food related sales and preparation and distribution limited to facilities with up to ten (10) customer seats d. Clothing and apparel sales and distribution and/or assembly e. Confectionery and/or candy store f. Photo store g. Photography studio h. Coin shop i. Sporting goods store or related type j. Sports related paraphernalia or collectibles sales and assembly and/or distribution k. Ticket agency I. Travel m. Hobby shop n. Jewelry sales, distribution and/or assembly o. Interior design or related use (tile, bath accessories, etc.) p. Retail supply stores including but not limited to vehicle accessories and parts, books, hardware, pet shop, toys q. Rental services r. Athletic shoes sales and distribution s. Recreational-type store (exercise equipment, etc.) t. Aquatic related sales, services and/or distribution ~ u. Genera4 office use 8. That the establishment shall be operated as a"Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. 9. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. 10. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 11. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries, and in cases of emergency. 12. That there shall be no coin-operated telephones on the property located outside the building and within the control of the applicant. 13. That in addition to the restaurant, there shall be a maximum of eight (8) retail units permitted. 14. That any outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City. Said enclosure shall be a minimum forty (40) inches in height and entry into the enclosure shall be possible only from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Said enclosure shall be shown ~ on the plans submitted for building permits. 07-28-03 Page 41 JULY 28, 2003 PLANNING COMMISSION MINUTES ~ 15. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said variance which shall subject that variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 16. 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: 6-0 (with one Commission vacancy) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (3:41-3:45) ~ ~ 07-28-03 Page 42 JULY 28, 2003 PLANNING COMMISSION MINUTES ~ 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Continued to 7b. CONDITIONAL USE PERMIT NO. 3921 September 8, 2003. (TRACKING NO. CUP2003-04723) OWNER: F.J. Hanshaw Enterprises, Inc., 10921 Westminster Avenue, Garden Grove, CA 92843 AGENT: Desaprya Jinadash, 1112 North Brookhurst Street #1, Anaheim, CA 92801 LOCATION: 1112 North Brookhurst Street. Suite 1. Property is approximately 0.91-acre, located north and east of the northeast corner of Brookhurst Street and La Palma Avenue (Cheers Market). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 8, 2000 to expire November 28, 2002) to retain the retail sales of alcoholic beverages for off-premises consumption within a previously-approved convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. sr8627av.doc OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (with one Commission vacancy), to continue the subject request to the September 8, 2003, Planning Commission meeting as requested by the petitioner in order to settle unexpected personal affairs. VOTE: 6-0 (with one Commission vacancy) DISCUSSION TIME: This item was not discussed. u 07-28-03 Page 43 JULY 28, 2003 PLANNING COMMISSION MINUTES ~ MEETING ADJOURNED AT 3:45 P.M. TO MONDAY, AUGUST 11, 2003 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: J~ . Elly Morris Senior Secretary ~ Received and approved by the Planning Commission on ~~'esr~~r ~, 2003. 07-28-03 Page 44