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Minutes-PC 2004/05/17• CITY OF ANAHEIM PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES M ON DAY, MAY 17, 2004 (CUP NO. 2004-04844 and PCN NO. 2004-00015, Item No. 5) Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California • • ~,~~u ~, ~"~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~~ ~ - ~ ~ ~ ~ - ~.. ~_ ,~ ~,~ ; ,,, ~'` __ ~ ~ w"~ ~p~ '~ CHAIRR~R"~'~dl~J~ JAMES VANDERB~ILT-LINARES COMMISSIONERS PRESENT '~EI~`L~' BUFF~;F~~ATL ~"ASTMAN; CECILIA FLORES, ~ ~~~~ .. ~~t`EF~RY E3~'CONNELL, DAV-1~ RO1~IE~f~O ~' ~, + Er ~„„~.~ ~: a . ~ COMMISSIONERS A4BSEN~' ~~ PAtJL BOSTWICK ~n~~` ~p "+ ~r . ~~ ~ ~- ;~ ~ ~ ~ .~ . _ . , ~ , , ~~ ~ ~ ~ *~ ' ~ ` ; ` ~ ~ ;, ~ f F ~ STAFF PRESENT ~ ' ,~ ",:"" k k 1r.° . ,. _~ - . " Selma Mann, Assistanf~City Afito~r~ey;~° ~- Taher Ja.J,ai, Principal Traffic E*ngineer Greg McCafferty, Prir~c~pal,FPlajnner o~; ~~ James Lmg, A~sociate Givil E~igineer Don Yourstone, Se~t,ior Code~Enforcement~`Off~cer Elly Morris~;'Seniwor Se~~etary ~~ Judy Dadant, Seni~~r~F~Planner ~ ~ ;, ~ Pa~~Chanc~ler„ Senior=`Secretary ,., ~ Della Herrick, Asso~i~te Plar~ner ~.-~ ~- ~~ D~~iefil~ yi1(lasci~l~; ~WeKti Proc~ssing Operator ~ Yz ~ Y~ A „ ~, ~ ~ ~ ~ ~ 'i. .. '~ ~t, ~ ~- t` ! - yF ` ~`G.~ d' ni~ '~3 .._ $ -~v~~ 3~. Y ~ , . f, _ } ~` ~ o " S y y ..* ~,'~ka $ t~ f - ' ' . , ~ . i ,. ,µ n. .. . ,. ,_ .. x "~- , .~ e ~ x '~ ,._.. ... 2~~ ~ a. L mbr ~~~ $ ~ ~ f„t 3 - ~ ~ F '~w' }+ t . -. ~ .. 2~ ~ v ' "~_ .,,.xa . :.. .<. yF -~,...~ >n w.. aA ..... ~ ~qF ~ _______~~~~~~___~________________~___________________________________________________________________________~____________~__I H:\DOCS\CLERICAL\MINUTES\SUPPLEMENTALMINUTES051704.DOC planninqcommission(a~anaheim.net 05-17-04 Page 1 MAY 17, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • • • 5a. CEQA NEGATIVE DECLARATION 5b. CONDITIONAL USE PERMIT NO. 2004-04844 5c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. Approved Granted Approved 2004-00015 OWNERS: ; Spyridon Rados, 2401 Nicolas Drive, Fullerton, CA 92833 Essam Seif, 15 Tierra Vista, Laguna Hills, CA 92653 AGENT: Eric Hull, 701 North Parkcenter Drive, Santa Ana, CA 92705 LOCATION: 611 South Brookhurst Street. Property is approximately 2.3 acres, located at the southwest corner of Brookhurst Street and Orange Avenue Conditional Use Permit No. 2004-04844 - Request to permit retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy. Determination Of Public Convenience Or Necessity No. 2004-00015 - Request to determine public convenience or necessity for retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-55 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC2004-56 sr5093jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5 and referred to the conditional use permit draft resolution and read into the record a modification to Condition No. 6 and stated there was also discussion at today's morning session regarding enhancements to the rear elevation of the building along the west property line, therefore, suggests modification to Condition No. 21. With regard to the public convenience or necessity resolution he read into the record a modification to Condition No. 6. ApplicanYs Statement: Eric Hull, 701 N. Parkcenter Drive, Santa Ana, stated they are in agreement to the conditions of approval and would continue to work with staff on Condition No. 21 in order to address the west facing building elevation. He addressed the issue pertaining to the ingress and egress for delivery trucks and he pointed out that they have a few alternative plans for delivery truck access where the truck would enter from Brookhurst Street in order to avoid the right hand turn onto Orange Avenue. Public Testimony: John Abboud, 1217 S. Nutwood Street, Anaheim, stated he owns the 7-Eleven store across the street from the subject location and has operated in the area for 18 years. He spoke on the issue of the number of alcohol licenses in the vicinity and feels there is already too many. He expressed his support of the Sav-On store but does not support another beer license. 05-17-04 Page 2 MAY 17, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • Esther Wallace, 604 Scott Lane, Anaheim, stated she feels the project would enhance the corner but relayed concerns that she would like addressed: • The alcohol license being in close proximity to a church and a school. • Expressed her support for the permit to expire in one year. • Addressed the traffic, ingress and egress issue (supports entrance off of Brookhurst Avenue, but does not support an exit onto Orange Avenue). • Addressed the above average crime rate in the area and pointed out there are county areas in close proximity to the subject tract and it does not reflect with the city's crime rate, therefore the crime rate may actually be higher. Also, north of Orange Avenue up to Broadway the crime rate is not being reflected in the 231 % above the city average. • Expressed concern with the hours of delivery because of the adjacent apartments. • Pointed out there are currently three drug stores in the area. Leonard Lahtinen, 2731 W. Savoy Place, Anaheim, stated he is a member of Faith Lutheran Church and they also have a daycare center which is adjacent to the church and across the street from the proposed facility. He stated he is unofficially representing the church but has talked to the church council president and they feel the development would be an improvement to the property but are concerned with the traffic issue and the number of alcoholic beverage licenses in the area. He suggested a continuance on the item to allow additional time to learn more about the projecYs final details. ApplicanYs Rebuttal: Mr. Hull spoke on the issue of the alcoholic beverage licenses and stated the staff report indicates there are currently four valid active on-sale alcohol entitlements on the site, but the proposed project would • remove all four of those licenses and replacing them with one off-sale license. He referred to the Sav- On's Policy and Procedures Manual for Alcoholic Beverage Sales which was provided to the Commission and stated it is a fairly detailed treatment of the stamps that Sav-On advances in terms of their proactivity as a responsibie seller of alcoholic beverages. They are a national retailer with a very strong track record and he assured that Sav-On would implement and enforce those policies and procedures to make the proposed store a benefit to the community. He referred to the traffic issue and stated they didn't meet the threshold for a traffic study and concurs with staff's findings that the traffic generated by the project would not be significant. He affirmed they have assessed the truck loading issue and do have multiple delivery paths available to them and assured that Sav-On does have the intent of being a strong, positive contribution to the community and look forward to the substantial upgrade of the subject property. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa referred to the site plan and stated it appears that Orange Avenue has a 40-foot wide paved section and she asked staff if a 58-foot truck could turnout of the driveway onto Orange Avenue without having to cross into the on-coming traffic lane. Taher Jalai, Principal Traffic Engineer, responded there is an existing bike lane therefore if they enter the site from Brookhurst Street the trucks could actually turn on site from the curb lane and the driveway on Orange Avenue is wide therefore they could exit the site on Orange Avenue without crossing the double yellow. Mr. Hull pointed out there are two Sav-On stores in close proximity to the subject site, one has been operating for 25 years and the other has operated for 30 years and neither have had a single Alcoholic Beverage Control violation. Chairperson Vanderbilt-Linares asked where the deliveries are going to occur. ~ Mr. Hull stated deliveries are proposed to occur on the southwest corner of the building and referred to the western property line and stated they are proposing landscape for the setback area, which would almost be completely screened with trees. 05-17-04 Page 3 MAY 17, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • Chairperson Vanderbilt-Linares referred to traffic on Orange Avenue and asked Mr. Hull if they are going to encourage the delivery trucks to use Brookhurst Street for both egress and ingress. Mr. Hull responded they have looked at that movement and it is a valid movement for the trucks, it is possible. Commissioner Buffa stated there might not be a benefit in regulating that because the truck would then have to turn around and it may be better to have the option just in case there are two delivery trucks on site. Mr. McCafferty informed according to the traffic engineer there wouldn't be any ability to go westbound with truck traffic it would have to go towards Brookhurst Street. Chairperson Vanderbilt-Linares asked for clarification regarding delivery truck access. Mr. Hull stated their goal is to keep as many viable paths of travel open for trucks and not limit truck travel to Brookhurst Street. They have run their truck radius using Brookhurst Street access point for egress and ingress and it does work and they also ran the template on the movement out to Orange Avenue making a right turn to return to Brookhurst Street which also works. Commissioner Flores spoke in support of the project and stated she feels it would enhance the neighborhood. Commissioner Eastman referred to the landscaping and asked if there has been any consideration in using trellis type of material with a small planter where vines would grow up to give relief from the starkness and also to discourage graffiti. • Mr. Hull was in agreement and stated they are willing to continue to work with staff to come up with a suitable treatment for the west elevation. Commissioner Eastman referred to the elevations and stated the type of treatment being used does not seem to be very attractive and suggested a more decorative element used for the lower area. Mr. Hull stated they would be happy to address that, Commissioner Romero concurred with Commissioner Eastman and suggested stacked stone to be all around the building. Chairperson Vanderbilt-Linares asked if they have worked with the West Anaheim community. Mr. Hull responded they have had a series of ineetings with the community and he introduced Martin Saalberg who was involved with those meetings. Martin Saalberg, 28131 Chapulin, Mission Viejo, stated he is with Albertson's Real Estate Department and they have had a number of ineetings with the community. The majority of the discussion with West Anaheim Neighborhood Development Council (WAND) was the desire to control the number of liquor licenses in the area. He informed the two existing Sav-On drug stores on Lincoln Avenue/Gilbert Street, and Broadway/Euclid Street would be closed due to the proposed construction. Commissioner Eastman referred to the site plan and asked for clarification regarding a pattern in the cement work around the building. Mr. Hull stated the pattern is simply meant to mean heavy duty pavement since that is .the proposed path • of travel for the trucks, it is not anything decorative or stamped but they do have a condition of approval to incorporate stamp concrete treatment at the driveway entrances which they are happy to comply with. 05-17-04 Page 4 MAY 17, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • Chairperson Vanderbilt-Linares stated he feels many concerns were addressed and asked Esther Wallace to come forward if she wished to speak. Esther Wallace stated they had meetings regarding a different property (Lincoln Avenue and Brookhurst Street) pertaining to adding another alcohol license. She believes they only had one meeting pertaining to the subject site and they never reviewed the architecture plans but received some information from the Planning Department. She asked for clarification on what happens to the liquor licenses for the locations at Broadway and Euclid Street, Gilbert Street and Lincoln Avenue. She stated West Anaheim is inundated with alcohol licenses compared to the rest of the city and Anaheim has 25% of the liquor licenses in Orange County. Mr. Hull responded licenses could not be transferred and they would have to apply for a new license at the subject location. He explained they are the owner of two licenses and when they close a store they would still hold the license but it would no longer be attached to that location and they could use it somewhere else in Orange County where they are opening a store. He stated licenses are bought and sold as a commodity. Therefore, there would not be a liquor license held by Sav-On at either one of those two locations where the stores are being closed but they will continue to own the license. Chairperson Vanderbilt-Linares asked if they could surrender the license to ABC. Mr. Hull introduced Paula Dwyer who is the licensing coordinator for Albertson's and asked her to come forward to address further questions on licenses. Paula Dwyer stated she is with Sav-On/Albertson's and she is their compliance coordinator for alcoholic beverages. They could sell the licenses and surrender them back to the state or could transfer them somewhere else within Orange County. Once they close the business they are legally obligated to • surrender the license within 15 days of closure. She explained they could legally transfer the license but the ABC Department would prefer they don't because there is a tight timeframe for them to process the transfer. Chairperson Vanderbilt-Linares asked for clarification pertaining to the two existing licenses for the Sav-On locations at Gilbert Street and Lincoln Avenue, Broadway and Euclid Street. Paula Dwyer explained they have other licenses from stores that have closed in Orange County and they would take one of those licenses out of their inventory and then place the two existing licenses into Albertson's inventory. Chairperson Vanderbilt-Linares asked if those licenses are then available to sell to another business in Anaheim. Paula Dwyer agreed but stated it could not be activated until the Planning Commission approves it. Commissioner Eastman asked if they typically hold onto the rights to those licenses in their inventory and use the licenses themselves or do they sell them. Paula Dwyer responded they typically hold onto them because they are in a growth mode and they do need them. Commissioner O'Connell expressed his support of the request and stated he feels Sav-On is a good and reputable company which makes it easier for him to make a decision. r~ ~J 05-17-04 Page 5 MAY 17, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • • • ~ ~- • ~ • • ~ • OPPOSITION: 1 person spoke in opposition to the subject request. IN CONCERN: 2 people spoke with concerns of the subject request. ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04844 (to permit retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy), subject to the conditions of approval as stated in the resolution attached to the staff report dated May 17, 2004, with the following modifications: Modified Condition No. 6 of the resolution to read as follows: 6. That no person under *•~~°^*~•-^^° ~''" eighteen (18) years of age shall sell or be permitted to sell any h~~~:;;~ alcoholic beverages without approval of a store supervisor twenty-one (21) years of age or older. Modified Condition No. 21 of the resolution to read as follows: 21. That final elevation plans shall be submitted to the Zoning Division and Community Development Department for review and approval. Said plans shall • incorporate a ledge stone or similar enhanced treatment along each building elevation, and additional architectural enhancements to the rear elevation along the west property line. Any decision by City staff may be appealed to the Planning Commission as a Reports and Recommendation item. Approved the reguest for Determination of Public Convenience or Necessity No. 2004-00015 (to determine public convenience or necessity for retail sales of alcoholic beverages for off-premises consumption in conjunction with a proposed pharmacy), subject to the conditions of approval as stated in the resolution attached to the staff report dated May 17, 2004, with the following modifications: Modified Condition No. 6 of the resolution to read as follows: 6. That no person under *~••°^~••-^^° ~''" eighteen (18) years of age shall sell or be permitted to sell any p~~:~;,;` alcoholic beverages without approval of a store supervisor twenty-one (21) years of age or older. VOTE: Conditional Use Permit No. 2004-04844 Determination of Public Convenience or Necessity No. 2004-00015 6-0 (Commissioner Bostwick absent) 5-1 (Commissioner Vanderbilt-Linares voted no and Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal period. . DISCUSSION TIME: 50 minutes (3:51-4:41) 05-17-04 Page 6 MAY 17, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • MEETING ADJOURNED AT 6:33 P.M. TO WEDNESDAY, JUNE 2, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: `~ `Q',~~ll _ ~~'J2p-i.t.~.o ~ Elly Morris Senior Secretary ~ Received and approved by the Planning Commission on ~ ~ a. , 2004. ~ 05-17-04 Page 7