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Minutes-PC 1993/03/08.^ ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, MARCH 8, 1993, AT 11:00 A.M. PRELIMINARY PLAN REVIEW PUBLIC HEARING (PUBLIC TESTIMONY) 11:00 A.M. 1:30 P.M. COMMISSIONERS PRESENT: BOYDSTUN, CALDWELL, HENNINGER, MESSE, PERA7~4, TAIT COMMISSIONERS ABSENT: MAYER STAFF PRESENT: Meeg Hast ngsSDetectfve Jackson,ISe ma MannrcGreg McCafferty, Margarka Sdorio, Nna-' Yalda PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested will have five minutes to present their evldence. Additional limo will be granted upon request ff, in the opinion of the Commission, such additional time will produce evldence Important to the Commission's conskleration. ~. 2. In contested applications, the proponents and opponent will each be gNen ten minutes to present their case unless additional time is requested and the complexity of the matter warrants. The commission's considerations are not determined by the length of time a participant speaks, but rather by what is saki. 3. Staff Reports are part of the evidence deemed received by the Commission in each hearing. Copies are available to the. public prior to the meeting. 4. The Commission will wfthfiold questions until the public hearing is closed. 5. The Commission reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned will be served. 6. Ali documents presented to the Planning Commission for review in connection with any hearing, including photographs or other acceptable visual representations or non-documentary evklence, shall be retained by the Commission for the public record and shall be available for public inspections. 7. At the end of the scheduled hearings, members of the public will be allowed to speak on items of interest which are within the Jurisdiction of the °{anning Commission, and/or agenda Items. Each speaker will be allotted a maximum of five (5) minutes to speak. AC030893.wp :~ ta. rEOA MITIGATED NEGATIVE DECLARATION Continued to 1b. WAIVER OF CODE REQUIREMENT March 22, 1993 1c. CONDI i ONAL USE PERMIT N0. 3538 OWNER: EUCLID STREET BAPTIST CHURCH OF ANAHF'~A AND BRYAN CROW & EVANGELISTIC ASSO(!IATES, Attn: Rev. Bryan L Crow, 8712 E. Santa Ana Canyon, Anaheim, CA 92808 LOCATION: 8712 East Santa Ana Canvon Road. Property is approximately 3.3 acres located on the south side of Santa Ana Canyon Road and approximately 5,460 feet east of the centedine of Riverview Drive. To permit the phased development of a 100,000 square foot church facility including a 2,000 seat sanctuari, bible study classrooms, nursery, gymnasium, amphftheater and botanical garden with waiver of permitted number and size of freestanding identification signs. Continued from the November 2, 1992 and February e, January 11, and February B, 199s Planning Commission meetings. CONDITIONAL USE PEriMIT RESOLUTION N0. ~.. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. No Discussion ACTION: Continued to March 22, 1993 VOTE: 6-0 (Commissioner Mayer absent) 3-8-93 Page 2 4 (~` 2a. CEOA NEGATIVE DECLARATION Continued to 2b. WAIVER OF CODE REQUIREMENT April 5, 1993 2C. CONDITIONAL USE PERMIT NO. 3592 OWNER: JEAN K FOGARTY, 6671 Canyon Hills, Anaheim, CA 92807 AGENT: RON JOHNSEN, 6757 Eastwood Drive, Anaheim, CA 92807 LOCATION: 2gQ0 E. Lincoln Avenue. Property Is approximately 1.34 acres located on the south skle of Lincoln Avenue and approximately 330 feet east of the centerline of Rio Vista Street. To construct aself-serve car wash facility in conjunction with an existing commercial retail center with waiver of minimum landscape setback abutting an arterial highway and minimum landscape setback abutting a single-family resklential zone boundary. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. PETITIONER'S COMMENTS: Ron Johnsen, 930 N. Grand Avenue, Santa Ana, explained hs and his wffe are planning to develop aself-service car wash at 2880 N. Lincoln Avenue. His project will be located at a non•usage type of property. It is the pie shaped left over of a shopping center and nothing can be butt on k. He stated he and his wffe have operated a car wash in Santa Ana for four years. They have had no complaints from Santa Ana Code Enforcement or the Pdice Department on how they operate their facility. He submitted pictures of the site and stated that site !s being used as a parking lot. He stated the owner of the property is aware of the problem and is trying to solve it by allowing a capable and community ;~on::.ience type of business to operate there. He stated the usage of this property is very limited. The most Important thing they were concerned on building on this property is the environment. How does this car wash affect the environment? The car wash has been designed to implement very low noise standards. He designed the car wash taking the neighborhood into consideration. He stated they went around and talked to a lot of the neighbors and got a list of signatures of people in favor of this project. 3.6-93 ~ Page 3 ~ He stated this area is in high demand for a car wash because there are over four thousand homes and over one hundred apartment buildings in the area. He stated this car wash is designed for the people in the area. He stated this is a very unique car wash. It will have a basement where all the louder equlpmeM will be located. it is far below the decimal readings that is required from the Cfty. The vacuum station, being the largest contribution to noise, will be below surface, in the basement. It will be a motor assembly wfth dust collectors. The car wash will have twelve foot lights and only two will be located on the back. They will have blinders, so there will be no glare to the reskfential community. He stated they will be creating an environment that is pleasing to tha neighborhood. The front area will be landscaped. He is proposing a six foot cylinder block in the rear for the total length of the property. The wall will be a sound barrier. Uncoln Avenue has an excess of thirty two thousand cars that travel on ft every day. This creates a constant noise factor. The cypress trees will be another sound bawler. He stated they will have signs posted prohibiting radios blasting and they will have Ilmfted hours. They will have trash receptacles. They are building something which is strongly needed in the community. This property is compatible wfth regards to the curcent zoning regulations. He stated he met with the City Traffic and Transportation Manager to review the project and was assisted with the design of ingress and egress of the property. He designed the car wash for the neighborhood, for the people that are going to be using it and for the people who are affected behind the property. This is reflected on the design and that is how ft will be built. The place of property Is vacant and has different types of fences in the background. Ho stated his protect will Improve the area because of its beauty and the overall design. The car wash will benefft the area, the closest one is about two miles sway on State College. Mrs. Johnsen, 930 N. Grand, Santa Ana, stated she would Tike to talk about water conservation. She stated in this era of water shortage many people do not wash their cars in their driveway, Instead, they find other sources to comply. They tend to go to aself-service car wash. Although water officials in the area, such as Santa Barbara and Ventura, have announced the end of the drought, the State Is advising consumers to continuo monftoring their water. We could have another long hot summer and go back Into the drought. i ~ 3-8.93 `*~*~ Page 4 She stated since many of the driveway washers are people who want to do K themselves, the self-service car wash is a natural choice for washing their automobile. The advantage of the self service iaciliry is that, on a national average, h uses less than ten gallons of water per vehicle. In your driveway you use fifty to sixty gallons of water, if not more, depending on the type vehicle you are washing. She would like Commission to take recognition to the water conservation and support them with their project. George Leighton, consultant in noise control, stated he would like to address the negative report. There are three areas where the report is Incorrect. The first one is found under the Environmental Impact Analysis. It incorrectly refers to Council Policy 542 which specHies that the acoustical analysis report, which he completed, did not address this Council Report on a 65 CNEL requirement. He pointed out that Council Policy 542 has to do with land use, not with noise contrd. He stated the Acoustical Study dkf correctly analyze it with respect to 60 dBA area. He stated the report referred to high pressure water nozzles as being a noise problem and they are not. The nozzle Itself makes no noise. The report also referred to conversations that take place while people are washing their cars. He stated the car wash booths will be separated by partitions where there won't be cross talk between areas. He pointed out car washes come in three basic varieties. There Is the full-service car wash which is noisy, without proper noise contrd measures. He stated the self-service car washes come in two varieties. One where the vacuum stations are individual vacuum cleaners which are noisy and then there is the one which Ron Johnsen has selected for this property which is a central unft that has the noisy equipment remote from the station kself. He stated he pointed out in his report that this type of car wash is inherently quiet, it Is not noisy. He stated car washing is no more noisy than a person washing their car in their back yard. He stated the report also stated in Paragraph 22 that adequate mitigation for noise Impacts upon residents to south has not been provkfed by the applicant. He stated this is Incorrect. The applicant worked with him in selecting the equipment and the housing for ft to be certain h would be virtually inaudible because they are in acoustical enclosures and any air in and out would be passing through silencers so the noise will remain within the structures. He stated the report concludes by saying that this will have a negatNe noise Impact upon the residents. He challenges this, the applicant is going to put in a six foot high block wall which will act as a noise b~ 71er to traffic noise. This will reduce noise to the adjacent residential areas not a ;d to k. Louise Grim, representing the property owner, stated she has reviewed Mr. Johnson's file in fts entirety. She stated she has visited his car wash In Santa Ana and found it runs in the best manner you could expect. He does a very good job. She has reviewed the plans for this project and noticed he is trying to do his best to please everybody. 3.8-93 L..s Page 5 ~ OPPOSITION: 5 OPPOSITION CONCERNS: 1. Dolly Peterson, 502 South Cinda Street, stated she has INed in this house for twenty years. Her house is behind the Reliable Auto Care Center and has an eight foot fence behind her house. She appeared before the Planning Commission about three and half to tour years ago when Carl's Jr. was asking for a variance on a drive through window. She stated then, there would be debris and trash tossed out of the window. She suomftted a stack of pictures taken for tha last three and half to tow' years of that alley. She has complained several times to Code Enforcement. She stated her lot is also a pie shaped parcel. It runs past the Reliable Auto Center and Into the vacant property. They have numerous trucks parked c+ut In the alley. They have no privacy oven with an eight foot fence. She stated there is a steady flow of traffic through the alley. Heavy duty trucks, moving vans, cement and dump trucks drive through that aliey every day. She stated people coming from Carl's Jc, park on her alley to eat and then throw their trash over her fence. She stated her dog goes crazy with the activfty that goes on in the alley. She stated the conditions seen on the pictures are a fire and health hazard. They get rats, mice and homeless people sleeping on the couches that get tossed on that alley. She stated the applicant stated there was no car wash around her neighborhood. She stated within four tenths of a miie east on Lincoln Avenue there is aself-service car wash and even though ft Is not In the City of Anaheim ft is still very close to their neighborhood. She stated there is a pakl car wash on the comer of Glassell and Lincoln and there Is another one on State College. Do we really need another car wash? She asks that this car wash not be permitted in her backyard. 2. Betty Miller, 2857 Gerald Circle, stated she has looked over the plans for this protect. They have suffered many years because of this lot and would love nothing better than to have something compatible wfth their area. She asks that this permft be denied. She stated the petftioner said the six foot fence that they are going to build is going io deter the noise from Lincoln. She stated her fence is not doing it. She stated she had a six foot fence and ft was graded up to where now she has a 4.4 fence at her highest point on the alley side. She stated there is a partial fence behind Reliable Auto Center that Is suppose to be six feet high and that fence does not deteriorate the noise from the slamming of the hoods, the slamming of the doors and the racing of the motors. 3.8.33 Page 6 `.y She stated she went to the self-service car wash located on the northeast comer of West and Lincoln, sat there and listened to the vacuums, aril found that they do make noise. She stated some people were laughing with their car doors open and others were drying their cars and had their radios blaring. She stated this is what wili be happening behind her backyard. She stated, unless they provide an attendant constantly on duty, they cannot stop the people from playing their radios. She stated she will be surprised if all the lights shown an the plans can be fbced without some sort of a glare going into her house. She stated she cannot enjoy her home until after nine o'clock, as it is, until Reliable Auto turns off their neon sign. She stated she cannot go Into her back without keeping her head bowed because their neon sign is shining right in her face, in her INing room and in her bedroom. She stated within a 2.5 mile radius this will be number 5 car wash. She stated the othar four car washes are sufflclent to take care of all the dirty cars in their area. She stated the proposed closing time is ten o'clock and asked ff anyone would like somebody washing their carat ten o'clock at night while they are enjoying their back yard, their pool, or sitting in their room wanting to open the drapes? She stated the petftioner stated they had gone out to the neighborhood and spoke to the residents and that they seemed to be in favor of the project. She stated her property takes up about sixty percent of this project and nobody came to her door, and she is retired, so she is home. Her neighbors that came to the meeting Haver mentioned anyone coming and talking to them about ft either. She asked C~?n•,mission to please consider tint they would like to have some privacy and enjoyment of their home which they have not had for a long time. 3. Dale Bradford, 2861 Gerald Circle, stated he has INed at his home for more than thirty years. He has approximately one hundred and ten feet of property adjoining this vacant lot. He stated there is a foundation for a fence on the vacant property that was supposed to be installed. He stated this foundation is ten Inches from his stx foot fence. He stated ff a fence is built there h will leave aten-Inch wkle, six feet tall trench for refuse, rats and possums. He saki there will be no way to clean it out. He stated there are plenty of car washes around his neighborhood. He went to survey the closest self-serve car wash located in the City of Orange early Sunday morning and found various types of debris. He stated he does not wish to have anything like that behind his house. He indicated the nearest car wash is not two miles away it Is six tenths of a mile to a car wash similar to the one being proposed today. 3.8-93 Page 7 Fry 4. Edward Cook, 507 South Jeanine Street, stated he would Ilke to express his opposition to the proposed car wash. He stated these types of car washes become a crime magnet. They provide screen for a narcotic's transaction. He stated the other car washes of this type tend to draw a large amount of pdice resources that could be better spent in other places. He stated the noise problems are not controllable. There wail be a lot of radios and mechanical noises and In no way will a stx foot fence keep the noise buffered from his neighborhood. He has never seen a self-service car wash that enhanced the beauty of any neighborhood. He believes this car wash will have a negatNe Impact on the enJoyment of the resklentfal property that is behind this sfte. 5. Mark Kemal, 506 Cinda Street, stated the problem is not the car wash, but the kind of people h will attract. He stated most homeowners wash their cars at home and the apartment dwellers are the ones that will be coming to that area. He stated it will attract people who will wash their cars and hang out. Narcotic transactions, drinking and possible burglaries will occur. He stated a business like will attract undesirables that they are trying to keep away. Mr. Johnsen has done a very good job trying to develop an area that is conscientious to the homeowners as far as noise and looks, but he will not be able to contrd the type of people that are going to be coming to that area and using the car wash. REBUTTAL: Mr. Johnsen stated he dkl visR the neighborhood and presented a signed petftion with signatures in favor of subject petition to the Planning Commission. He stated a lot of people were not home. He proposed a full-time attendant on the property. He stated they would Ilke to raise the wall further than six feet, eight feet to be compatible with Mrs. Peterson's wall. He stated he could fill the ten Inch trench between the fences. He stated this area has crime already. He will have limited lights on the area, and the lights will deter burglars from coming Into that area. He stated this property will be maintained. He is proposing everything possible in order to make the levels of the sound compatible to what Is required by the City of Anaheim. He stated people who are going to be using this car wash are the neighbors. He stated the lights are going to be blind folded which will produce no glare. The vacuums were designed with reference to the noise situation. He stated there will not be noise above what is tolerable by the City of Anaheim. ~ 3-8.93 ~/ Page 8 ~ He stated he dkl eMensive planning, not only with the selection of piece of property, but with the Planning Department meeting wtth every head chief of Fire Department, Maintenance and Traffic. He has taken their criticism, applied k and implemented tt in the plans for this project. THE PUBLIC HEARING WAS CLOSED STAFF COMMENTS: Greg McCafferty, Planning Department, stated, for clarification, the sound consultant was right, Council Pollcy 542 would not apply because this is not a proposal for residential construction. However, the General Plan pdicies upon which that policy was based do apply. He stated noise levels in reskendal areas should not exceed 45 dBA CNEL for interior living spaces and 55 dBA CNEL for exterior area. He stated, although they can engineer the mechanical equipment to reduce the noise to those acceptable levels, they can't engineer the human component which are the radios and the conversations. He stated the water pressure nozzles and the vacuums do create noise. COMMISSION COMMENTS: Caldwell -complimented the Jchnsen's far trying to squeeze this car wash onto tha lot and mitigate any problems with the neighborhood. This does not change the fact that not only is tt incompatible with the neighborhood, but also wtth the lot. ~~ Commissioner Henninger -something that came clear wtth the photographs submitted Is that a ten foot landscaped setback is needed between the commercial and the residential zone. He has never voted for a waiver of that requirement and does not plan to do that today. This use could be compatible ff this setback was provided. Commissioner Messe agreed the enure ten foot setback along the south property line could make this use compatible with the area. He stated the pictures gNen in evidence were something that should be taken to Cade Enforcement immediately. Feels that the Johnson's love tried their best to design a facility, but tt would be a great Incumbrance on the cttizens to the south. He noticed none of the people on the south property Zino signed the petition that was submttted by the petttioner. Commissioner Peraza -felt there should be some type of restriction on the trucks that park on the alley. Commended the Johnson's for doing their best but thinks the property is too small for this type of use. Commissioner Boydstun -asked if that alley is private or dedicated so that those trucks could not drive through there. Melanie Adams -responded that is a private property tt is not a Ctty alley. Commissioner Henninger stated tt looks like the function of that alley is storage of trucks. 3-8-93 ~ Page 9 Commissioner Taft stated this use does not fit in th(s s(ze parcel. He stated the ten foot setback requirement is Important and he is not willing to waive k. Commissioner Henninger stated the distance behind the other buildings is approximatelytwenty-six feet. They have some doors and there only appears to be one dumpster back there. They could fit ten feet of landscaping and still have a one way drive aisle adjacent to the building to provkte places to drop things off. He stated ff they could find some way to do that and then have the ten foot landscape setback next to the new facility, he could be persuaded. Mr. Johnsen asked for clarification of what they are proposing. Commissioner Henninger stated, typically, when they have a commercial use abutting a residential use they require a six foot wall measured from the highest grade and a ten foot wkle fully landscaped setback. He stated they are suggesting for the applicarn io provkle a wall measuring six feet to its highest grade and also that ten feet of fully landscaped not only behind the car wash but behind the existing commercial buildings be provided. He asked ff this would be an acceptable compromise to the petitioner. Mr. Johnsen answered yes, that would be acceptable and as red ff tt would be the same type of landscape environment they are proposing for the front of the property. Commissloner Henninger answered a ten foot fully landscaped setback behind the vacant lot and also the other buildings, all the way to the street. Mr. Johnsen stated this parcel ends at the Carl's Jr. and Commissioner Henninger agreed that it would be landscaped to the parcel Tine. Commissioner Messe asked ff he was going to plant mature trees and Mr. Johnsen answered they were looking at either fifteen or twenty-five gallon boxes. Commissioner Henninger stated the Important thing is to get the setback there so that there is curb, and in that way people will be discouraged to walk up against them. He stated the wall would have to be brought up to standard which would be six foot minimum from the highest grade. Mr. Johnsen stated there is an existing eight foot wall and would like to know ff they Just wanted him to continue it all the way down or do they want an additional new wall that is six feet. Commissloner Henninger stated those old walls are probably not structurally sound enough to heighten them, so it will probably require a new wall. Mr. Johnsen pro{,osed to build an eight foot wall. Commissioner Messe stated iF he built an eight foot wall h would be ten foot wall on the resident's side. 3.8-93 Page 10 ,r~ Commissioner Henninger felt a s[K foot wall from the highest grade would be an S eight toot wall on the rasklents side and that would do the job and Mr. Johnsen agreed. Commissioner Messe asked why they chose those cypress trees because they do not have very large crowns to them. He asked H k wouldn't be better to select a tree with a larger Brown? Mr. Johnsen stated they could put in what fs desirable to the Planning Commission. Commissioner Henninger preferred to see a crown tree Ilke the one proposed, spaced on the center so that when they mature they will have a wind row affect along there. Commissioner Messe asked H the applicant would be willing to ask for a continuance so that he could come back with landscapa and wall plans and see how that will fit Into the neighborhood and Mr. Jo!msen agreed to do that immediately. Jonathan Borrego, Planning Department, suggested a fourweek continuance tothe April 5, 1993 Planning Commission meeting. Jonathan Borrego suggested that the Acoustical Engineer get together with Greg McCafferty and address some the additional noise analysis concerns that were brought up at the meeting. ' Commissioner Messe stated he heard a stipulation by the applicant that this unattended business would become a fully attendant business and asked N he had heard that correctly, that there would be someone on duty there thirteen hours a day and the petitioner agreed to h. Commissioner Caldwell asked if this new landscape plan will include the required three feet of landscaping along Lincoln Avenue. Jonathan Borrego stated they are required to provide a three foot planter along the entire length of the property adJacent to Lincoln Avenue and the current plans do not reflect that. Mr. Johnsen stated he will take the landscape area Into conskleratlon and will meet with his architect and have him redesign it with a ten toot rear setback wfth landscape and a three foot planter on front. ACTION: Continued to the April 5, 1993 Planning Commission meeting. VOTE: 6-0 (Commissioner Mayer absent) 3-8.93 Paget 1 3a. CEOA NEGATIVE DECLARATION I Approved 3b. CONDITIONAL USE PERMIT NO.3590 Granted OWNER: TOKIKO NAKAMURA, 8430 Pebble Beach Court, Buena Park, CA 90621 AGENT: ELLIOTT WAINER, 13234 East Palm Place, Cerritos, CA 90701 LOCATION: 2625 West Lincoln Avenue. Property is approximately .85 acres located on the north side of Lincoln Avenue and approximately 395 feet west of the centerline of Magnolia Avenue. To permit a pawn shop. CONDITIONAL U5E PERMIT RESOLUTION N0. PC93-28 ----------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. PETITIONER'S COMMENTS: _ Elliot Wainer, 13234 East Palm Place, Cerritos, stated his proposal Is to inftiate a pawn shop at 2625 E. Uncoln Bivd. He read the staff report and agrees wRh all the conditions. IN FAVOR: 2 COMMENTS: 1. Steve Rendez, property manager for Tokiko Nakamura, stated prior to the remodeling of this property, ff Commission would have seen this property, they would have condemned h. The remodeling cost was an excess of $270,000. Prior to the remodeling they had two tenants. One was a bar and the other one was a massage parlor. They gave him nothing but headaches. He is economically concerned right now and in need of renting the spaces. The mortgage rates aro high and he has to get tenants. He cannot see anything derogatory about a pawn shop. It has more security than any other tenant. There are other pawn shops in the area, but there are liquor stores all over also. He cannot see anything negatNe about this business. If Mr. Walner becomes a tenant he will still have three other vacancies that need to be filled up very quicMy. 2. Larry Walter stated pawn shops are like retell stores, light and bright inside and they look nice. He stated they don't attract crime. 3-8-93 Page 12 IN OPPOSITION: 2 OPPOSITION CONCERNS: 1. Joseph LaRoche, PreskJent of the Board of the Carbon Creek Homeowners Association, 199 N. Magnolia Avenue, stated they are opposed to a pawn shop opening on that property. As the property manager indicated, that property should have been condemned if you would have seen h some time ago, k was deplorable. The Improvements greatly improved •he property, but now to see a pawn shop go in there does not make sense. You have taken what should have been a condemned place of property, made h look decent, Improved the area and now by putting a pawn shop, it is 11ke going back in time. Ha stated in 1991 they appeared before the Planning Commission to oppose a 44-unit triple deck apartment complex on that vacant field right behind where that pawn shop is being proposed. It was rezoned to RM~000 to allow fHteen condominium unfts to be built there. When the unfts get built it will be very easy for everybody to Jump the wall and go to pawn shop. He stated within a quarter of a mile there !s a pawn shop and wfthin four miles there are four pawn shops. He does not think they need another pawn shop in that area. They don't want the extra crime In that area, they like the area as k is right now, and so, they are opposed to the pawn shop. 2. Dennis Wynn, 205-B N. Magnolia, stated if the development proposal was for retail sales and jewelry repair it would be great. He has been inva' led with pawn shops before. The Police Department took him to a pawn shop to klentiry things that were stolen from him and they were there. He stated he is not saying pawn shops are bad but a second consideration should be given to this. This pawn shop will be fifteen hundred feet from the nearest pawn shop and he thinks one pawn shop in the area is plenty. REBUTTAL: Elliot Wainer stated ha has been in the pawn shop business for over fifteen years. He has worked in three different stores in the LA. City district. He has a goad record with the LA Police Department. No additional crime will be coming Into the area. He has taken measures to reassure everyone that he Is doing whatever is necessary to prevent it. He will put In security buzzer gates and surveillance cameras. He works very close with the City of LA now, in recovering stoen goods that are on the streets. He stated he recently experienced the LA. riots and that is one reason why he has chosen to move out of the LA. area and open up his own store. He has been looking at this area between Lincoln and Magndla for the last ten years. He works out and trains in physical athlet(cs at the Holiday Health Spa located on the comer of Broadway and Magnolia. This area is in need of anothor pawn shop. He stated the one located to the east is not capablo of handling all the needs of the area. There are many people that are in the low income breckets And there should be more availability on money to be lent to them in neeYl. 3-8-93 Page 13 ~., As far as free enterprise, he sees no problem of having two pawn shops down the street from each other. That gives the customer a better choice of who he wants to do business wfth and at the present time in LA. he has three pawn shops all within one hundred yards. He stated competition is good. He chose this area for the need of the people. THE PUBLIC HEARING WAS CLOSED STAFF COMMENTS: Detective Jackson stated there are no specffic regulations that the Pdice Department Imposes, everything is State mandated. He stated they Just fellow laws that are pre-mandated by the State that have to do wfth reporting items that pawn shops take in on a dally basis to the Police Department. This is handled through the mail and flied. Commissioner Messe asked ff they look at the reported items and DetectNe Jackson answered they don't have the people. They file them. Commissioner Messe asked what is the experience wfth the existing pawn shop in Anaheim and Detective Jackson answered the pawn shop in Anaheim has been very cooperative. Commissioner Messe asked ff they take in and sell guns and Detective Jackson answered yes. Commissioner Messe asked ff this pawn shop will also take in and sell guns and the applicant answered yes. Commissioner Henninger asked how the other pawn shops around are doing. Detective Jackson answered he has not heard of any major problems. He has been in charge of the pawn shop detail for two months and he has had at least a half a dozen dealings wfth the pawn shops in the general area in Buena Park, Garden Grove and South County recovering stolen property that has been pawned in the shops. Detective Jackson stated there are pros and cons to this type of business. The pro being that ff ft was not pawned at the pawn shop ft would have never been recovered and the con being that ff there was no market to give money on ft then maybe it would not be stolen to begin with. Commissioner Messe asked how much of the stolen property ends up ir, pawn shops and DetectNe Jackson answered a very small percentage. .~:. ty;, 3.8-93 Page 14 t~.1 COMMISSION COMMENTS: Commissioner Messe stated the staff report indicates that the hours of operation would be Monday through Frklay 9 a.m. to 7 p.m and asked the petftioner ff he agreed with that. Mr. Wainer stated he must make a correction, he stated the hours and days will be Monday through Frklay from 9 a.m. to 7 p.m., it will also be opened on Saturday from 9 a.m. to 5 p.m. and closed on Sunday. Commissionsr Caldwell stated he grew up in North Long Beach and spent some time in Compton and ft has been his experience that most businesses that cater to people that are less affluent than others, who are walking the line economically, are usually taken advantage of. He stated he would not be surprised if the Interest rates are higher. He is also very much opposed to bringing any more guns and allow another avenue for guns to be sold in our neighborhood. As long as guns are sold there he will be opposed to this use. Mr. Wainer stated he has an outstanding record wfth the Department of Justice in the fifteen years that he has been in the business. He stated this type of business is not Just for the poor man, ft is also for the lower middle class that cannot fled an extra Income. He stated when someone needs to make their monthly payment on something, they can go to a pawn broker, turn in same collateral maybe a diamond ring for some cash, so ft operates the same as a bank. Commissioner Messe asked ft the rates and the length of time the goods stay In tho shop are dictated by the State and Mr. Wainer answered yes. Commissioner Boydstun asked fF he had to register the guns like a sporting good and Mr. Wainer agreed. Mr. Wainer stated he plans to sell strictly hand guns. Commissioner Messe asked fl he will be selling new guns and Mr. Wainer answered that he will be selling new and used guns. Commissioner Henninger stated the property owner has done a very good )ob in rehabllftating this piece of property. He stated they new they had a problem and the+! have solved ft. He Imagines that it would be in their best interest, having Invested all that money, to make sure they police this tenant. The property owner has re~'ently got rid of some tenants that were a problem on that parcel. Mr. Wainer stated the property owner knows the type of business he conducts. Commissioner Henninger stated the property owner has shown an Interest to do remedial work to that property and he does not want to discourage him from doing that by not allowing him to fill that space. 3-8-93 Page 15 ACT1ON: Approved Negative Declaration Granted CondRional Use Permit No. 3590 Amended Condition No. 1 to read as follows: 1. That the hours of operation shall be limited to the following: Monday through Friday: 9:00 a.m. to 7:00 p.m. Saturday: 9:00 a.m. to 5:00 p.m. Sunday: Closed ~I VOTE: 5-1 (Commissloner Caldwell voted No - Commissioner Mayer absent) ' Commissioner Henninger stated we need to direct staff to begin processing revise zoning on this property from the CG to the CL Zone. Iii Commissloner Messe stated we can do that at the April 5, 1993 meeting. MOTION: Commissloner l3oydstun offered a Motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby direct staff to Initiate reclassfffcation proceedings forthis property located at 2625 West Lincoln Avenue to reclassify subject parcel ftam the existing CG Zone designation to the CL Zone. "z.. 3.8-93 Page 16 I ~"` 4a. CEQA NEGATIVE DECLARATION Continued to 4b WAIVER OF CODE REQUIREMENT April 5, 1993 4c. CONDITIONAL USE PERMIT N0.3591 OWNER: WEST ANAHEIM COMMUNITY HOSPITAL, ET AL, 3033 West Orange Avenue, Anaheim, CA 92804 LOCATION: 3033 West Orange Avenue (Humana Hosoftal. West An h im .Property is approximately 11.2 acres located on the northwest comer of Orange Avenue and Beach Boulevard. To permit a mobile medicaV (MRI) trailer with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. PETITIONER'S COMMENTS: David Culberson, Executive Dire^tor of West Anaheim Medical Center, stated the staff report recommends dental of their conditlonal use permit. He stated a conditlonal use permit was granted to them back in March 1991, at which time the hospital expanded its parking capacity to their present configuration. He stated the project before Planning Commission today is an MRI unit that parks on their facility. Although this protect eliminates six parking spaces, they still meet the parking needs of the hospital. They have not done any construction to the facility since March of 1991. This project will only eliminate six parking spaces and they feel there are plenty of parking spaces available at the hospital for patients, visitors, physicians and employees. A parking study presented to the Planning Department showed that the maximum that the hospital is operating at is fifty two percent of capacity. The loss of six additional parking spaces will not affect the parking requirements. He stated this project is a temporary project. They propose to implement a mobile MRI unit on a full time basis to determine the Head for a full time permanent structure. MRI units are very expensive pieces of equipment The equipment alone runs anywhere between $500,000 to $2,000,000 excluding all building costs. They have a temporary approach where they will determine feasibility and after one year of the mobile truck use they hope to be able to find they have adequate volume and business to permit the construction of a permanent facility. ,~ 3.8-93 Page 17 f~ He stated the Planning Department recommends relocation of the truck off of Orange Avenue to an area elsewhere on hospital property. Although, they do have adequate parking spaces throughout the hospital, the movement of the mobile truck will cost at least $25,000 to $50,000. They feel for such a short term feasibility project, the additional $25,000 to $50,000 is an undo burden. The relocation will also cause the disruption of the easy access by the radidogist in the emergency personnel, when he is needed In the mobile truck. He stated at the present time the truck is adjacent to the emergency room and the radidogy department. He stated they have not evaluated the installation of any structures to screen the truck from Orange Avenue because they are looking at this as a short term protect. This project is temporary and they hope to proceed with implementat(on of a full time permanent MRI Center ff the volume is sufflclent to support the unk. OPPOSITION: None THE PUBLIC HEARING WAS CLOSED COMMISSION COMMENTS: Commissloner Boydstun asked if the MRI unit could be moved to the back east comer of the buliding? She stated there is a ramp and a door back there. She thinks it is teMble to have an MRI unit blocking the driveway on Orange between the Emergency Room. Someone coming in, not knowing where they are going, will go in there, and will have to back out because they will not be able to get through to emergency. Mr. Culberson stated they can relocate the mobile truck to a site which would be in the northwest side or the north side of the hospital. The northeast side would be very difficult because there is very limited access. In the back of the hospRal there Is a small alley that separates them from the convalescent hospital on Beach Blvd. They could go direc0y north or northwest from the hospkal. Commissloner Messe stated they have a door back there with a ramp so that the patients can come down h and they also have a physician's parking lot. He suggested to take eight or nine parking spaces out of there and put that truck right in there, in the shade. Mr. Culberson stated that would be right outside of the ICU, which Is typically not an area where they have out patients. That would be the problem putting h there in addition to the $25,000 to $50,000 cost. Commissioner Boydstun stated the MRI unit should be moved anywhere on the north side of that buliding so that it is away from the street and away from that driveway. Mr. Culberson stated there are people who enter through the west skle of the hospital and then turn right into the area of concern. ~ 3-8-93 Page 18 Commissloner Boydstun stated she did that herself. She thinks it is very confusing. She knew what she was looking for, so she did not panic, but someone wfth an emergency will. Commissioner Henninger stated one of our members noted, on one of their sfte visfts, that there were a number of vehicles stacked up in front of the emergency room where they were getting blocked In because they dkf not have that through access way. Commissioner Messe stated there was a police car, an ambulance and a private vehicle. Mr. Cuiberson stated at times there Is even fire trucks that pull Into the area. They have not heard of any complaints from them. Commissloner Messe stated an emergency room Is set up to handle mass emergencies where a neighborhood could be hft and Impacted by a fire. He believes this is asking for a lot of trouble and he is not willing to go for ft. Commissioner Henninger asked ff it is absolutely necessary to have that access blocked in that location wfth that MRI unit? Mr. Culberson stated at the present time, it i~, because of magnetic requirements. Each MRI unit puts off a magnetic field and that field cannot be Impeded by people with pace makers or vehicles. Commissioner Henninger asked how close is this unft from the sidewalk? Mr. Culberson answered the field is small enough so that ft Is not Impinging upon the sidewalk. They have a fence around the area to keep pedestrians and cars o~4. That does not pose a problem, but to allow access would be Impossible. Commissioner Peraza stated three of the six parking spaces that are being blocked by the MRI unft are for handicapped clients and asked ff those have been provkied somewhere else. Mr. Culberson stated they have created additional handicapped parking out in front of the main entrance and in front of the emergency room. Commissioner Taft asked ff a permanent facility is planned in approximately a year. Mr. Culberson stated they hope to have the feasibility study done by December of this year. He anticipates that a year after that they could have a permanent site. Commissloner Messe asked after the feasibility study, where are you planning to put the MRI unft? Mr. Culberson answered they are planning to put k right where it is right now and build out the structure to match the brick wall. It is close to the emergency department and more important ft Is also closer to the radidogy department. I,,,~,i 3.8-93 Page 19 Commissioner Messe thought the south portion of the receNing area is a goad place for the MRI unit. Mr. Culberson stated that area already has power lined Into h because they used to have a CAT Scan there in the early eighties. He stated one thing that Is unique about an MRI unft is that ft generates a magnetic field which cannot be Impeded upon by any large metal objects. That will be a dHflcult location for that to not occur because trucks back in and out to the loading dock. Commissioner Henninger thought that would look unsightly out front, but k would be okay on a temporary basis. The circulation problem troubles him and k has to be solved. A dead end skuation into the emergency room is no! goad planning. If we had a major emergency there would be a problem there. Commissioner Messe asked the applicant if he would like to spend some time in looking for another area for this MRI unit or would he Ilke for Commission to vote on ft today. Mr. Culberson stated he would be happy to look at other ekes on their facility. Commissioner Henninger stated there might be some other way of solving the circulation problem. ACTION: Continued to the April 5, 1993 Planning Commission meeting. VOTE: 6-0 (Commissioner Mayer Absent) .~k. 3.8-93 Page 20 5. REPORTS AND RECOMMENDATIONS A. REQUEST FOR PLANNING COMMISSION INTERPRETATION OF Determined OUTDOOR STORAGE IN THE CG ZONE. that outdoor storage is not RESOLUTION N0. PC93-29 permitted in the CG Zone Greg Hastings, Planning Department, stated this is a request for the Planning Commission to determine ff outdoor storage of restaurant equipment, in particular, is permitted in the CG Zone. The Code Sections cited in Paragraph 10 of the March 8, 1993 staff report appear obvious to staff that outdoor storage Is prohibited in the CG Zone. Commisslon may wish to note Code Section 18.45.025.070 which reads "All uses except normal service station operations and those uses specifically excepted hereinafter shall be conducted wholly within a building" and there is no exception hereinafter for the outdoor storage of restaurant equipment. He stated, by practice, the Planning Department has looked at the list of permitted and conditional uses as being supplement to a service station and they are typical uses that are outdoor only, such as billboards, golf courses, mobila home parks and dr(ve-in theaters that would be permitted as outdoor uses. He stated, other than that, staff feels that this type of use is not permitted, however, the Planning Commission has the authority in the Zoning Code to make that determination. The determination taken will be sent to Council on their consent calendar. Commissioner Henninger clarified that this is a general question that relates to how Commission reads the Code. It relates, in general, to every Commercial General parcel in the City. Commissioner Messe stated the letter they received from the law offices Indicates that there seems to be a lack of uniform enforcement with regards to outside storage and wanted to know if that Is the case. Mr. Hastings stated the applicant has cited some other locations in the City that have grown in the same way and evolved into a similar situation. The Code Enforcement Division Is looking at those individually. Some of those may have been grandfathered. Commissioner Henninger stated ff there are other places that are storing outside, it is a Coda Enforcement problem that will be looked Into. Commissioner Boydstun asked ff some of those other uses might be grandfathered in and Mr. Hastings agreed and added some are also in the Industrial Zone. Commissioner Boydstun asked how come this one is not grandfalhered in since it has been there since 1925? 3-8.93 ~i Page 21 ~ Mr. Hastings stated there has never been authorization nor does the Planning Department y have any records that there was ever an outdoor storage yard permitted. Commissioner goydstun asked about the court case where they settled and it had the outdoor storage when it said that they were in compliance after the court case. Roger Bennion, Code Enforcement, stated, in regards to the compliance, that took place In January of 1988. They have a photograph in the file that shows that all the lots adjacent to the property in question were in compliance and there was no outside storage at that time. ADJOURNMENT: MEETING ADJOURNED AT 3:30 P.M.