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Minutes-PC 1993/03/22r'~ ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSIOP! MONDAY, MARCH 22, 1993, AT 11:00 A.M. PRELIMINARY PLAN REVIEW PUBLIC HEARING PUBLIC TESTIMONY) 11:00 A.M. 1:30 P.M. COMMISSIONERS PERSENT: BOYDSTUN, CALDWELL, HENNINGER, MESSE, PERAZA, TAIT, MAYER COMMISSIONERS ABSENT: CHAIRMAN HENNINGER ABSENT FOR ITEM NOS. 4 - 9, 10E, 10F, 10G STAFF PRESENT: Melanie Adams, Bruce Freeman, Edith Harcis, Greg Hastings, Jan Jensen, Officer Jim Gandy, Selma Mann, Greg McCafferty, Margarita Solorio, Alfred Yalda PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested w111 have five minutes to present their evidence. Additional time will be granted upon request if, in the opinion of the Commission, such additional time will produce evidence Important to the Commission's consideration. .:. 2. In contested applications, the proponents and opponent will each be given ten minutes to present ~ ~ their case unless additional time is requested and the romplexfty of the mailer warrants. The Commission's considerations are not determined by the length of time a participant speaks, but rather by what is said. 3. Staff Reports are part of the evidence deemed received by the Commission in each hearing. Copies aro available to the public prior to the meeting. 4. The Commission will withhold questions until the public hearing is closed. 5. The Commission reserves the right to deviate from the foregoing ff, in its opinion, the ends of fairness to all concern?d will be served. 6. All documents presr:.ited to the Planning Commission for review in connection with any hearing, Including photographs or other acceptable visual representations or non-documentary evidence, shall be retained by the Commission for the public record and shall be available for public inspections. 7. At the end of the schedui~ hearings, members of the public will be allowed to speak on Items of Interest which are within the jurisdiction of the Planning Commission, and/or agenda items. Each speaker will be allotted a maximum of fNe (5) minutes to speak. AC032293.WP L../ NOTE: ITEM 108 WAS HEARD FIRST. 1a. CEOA MITIGATED NEGATIVE DECLARATION Oontinued to 1 b. WAIVER OF CODE REQUIREMENT April 5, 1993 1c. CONDITIONAL USE PERMIT NO.3536 OWNER: EUCLID STREET BAPTIST CHURCH OF ANAHEIM and BRYAN CROW/EVANGELISTIC ASSOCIATES, Attn: Reverend Bryan L. Crow, 8712 E, Santa Ana Canyon Road, CA 92808 LOCATION: $7_12 East Santa Ana Canvon Road. Property Is approximately 3.3 acres located on the south side of Santa Ana Canyon Road and approx(mately 5,460 feet east of the cented(ne of Riverview Drive. To permit the phased development of a 100,000-square foot church facility including a 2,000 seat sanctuary, bible study classrooms, nursery, gymnasium, amphitheater and botanical gardens with waiver of permitted number and size of freestanding identiflcatlon signs. Continued from the November 2, 1992. January 11, February 8, and March e, 19'33 Planning Commission rt:eetings. CONDITIONAL USE PERMIT RESOLUTION NO. ~, t I;,,,d FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. ACTION: That subject petition be continued to the April 5,1993, Planning Commission meeting in order to allow for the petitioner to concurrently process a lot line adjustment map. 3-22.93 Page 2 2a. CEQA NEGATIVE DECLARATION Approved 2b. WAIVER OF CODE REQUIREMENT Denied 2c. 1CONDITIONAL USE PERMIT N0. 3588 Denied OWNER: DVANSONG LEE and HUI-DING CHEN, ET. Al, 2121 W. Mission Road, Alhambra, CA 91803 AGENT: AMER EL-ROUSAN, 1275 N. Gilbert Avenue, #100, Fullerton, CA 92633 LOCATION: 1210 South State Colteae Boulevard. Untt'C'. Property is approximately 1.36 acres located on the east side of State College Boulevard and approximately 20o feet south of the centerline of Ball Road. To permR a cabaret within an ex(sting sports theater wfth waiver of minimum number of parking spaces. Continued from the February 22, 1993, Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. PC93-30 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 9 PETITIONER: Amer EI-Rousan stated that his attorney could not be present until approxlmateiy 5:OOp.m. and that he did not want a continuance. He asked that public testimony be taken and that the hearing could resume at 5:OOp.m. Hls request was granted. STAFF: Greg Hastings, Zoning Division Manager, gavs a brief history on the project and stated that there was no actual change in the request and that this item was continued from the last hearing at the request of the Planning Commission. Staff was asked to study the Impacts of similar uses In other cities in regards to parking, traffic, social Impacts and blight and also to determine ff a focused Environmental Impact Roport should be prepared. At the last meeting it was discussed as to whether or not there would be a waiver required for distance to the school which is on a neighboring property. Since that limo, staff has been advised by the City Attorney's Otflce that the school, for purposes of the Adult Entertainment Ordinance, would not pertain here in terms of the distance requirements. 3-22-93 Page 3 ~ OPPOSITION: The following Individuals spoke in opposition to subJect request. Dennis Johnson, (residence address) 608 S. Marjs•:, Anaheim, CA and (business address) 1210 S. State College Bivd.; Dr. Denise M. Martin, 1210 S. State College Blvd., Suite D; Bob Whaler 1240 S. State College Blvd.; Jim Ward, 1240 S. State College Blvd., Sute 192; Jack Kushand, owner of the Computer Learning Center, 1240 S. State College Blvd., Suite 265; Dr. Robert Martin, 1210 S. State College Blvd. (husband of Dr. Denise Martin); Dr. Michael Adams, 1210 S. St. College Blvd.; Dr. Patricia May, 1210 S. State College Blvd., Suite D. The opposition's maJor concerns were safety (especially for women); noise; parking Issues; the nature of the business in a professional setting; and the possibility of vacancies occurring within the center as a result of approval of this CUP. SUBJECT ITEM WAS TRAILED UNTIL 5:OOP.M. THE PUBLIC HEARING WAS REOPENED. Roger Diamond, Attorney for Amer EI-Rousan, the applicant. His office is located at 2115 Main Street, Santa Monica, California 90405. He stated today, the Unked States Court of Appeals for the Ninth Circuit, has struck down, as invalid, the LA. City Ordinance that purports to regulate where adult businesses can be located in the Ciry of Los Angeles because that ordinance was too restrictive. The ordinance that the Ciry of Anaheim adopted a number of years ago that governs this particular business is very restrictive, but fortunately they have not been compelled to challenge the constitutionality ofthe ordinance because as restrictive as that ordinance Is, this particular location ~- does meet all of the distance restrictions imposed by the very severe and restrictive Anaheim Cky Ordinance. They are not here to challenge the ordinance, but to demonstrate that there is a location in the Ciry of Anaheim that does comply. He gave some further background on location of adult businesses. He explained Mr. EI•Rousan is located in a shopping center and complies with alt of the distance restrictions of the Municipal Code of the City of Anaheim. Mr. Diamond stated they agreed with the staff's recommendation. He Indicated there Is an error on the staff report. It states that the previously-approved sports theater has not opereted since the approval of Conditional Use Permit No. 3529. He stated Mr. EI Rousan operated for two weeks. Commissioner Messe asked for the dates of the operation and Mr. EI Rousan responded they were in operation from November 13 through November 24, 1992. Mr. Diamond stated Mr. EI Rousan has conducted his own study of TJ's Theater which is located in the shopping facility on Beach Blvd. in the Ciry of Stanton. There is a small church within sixty feet from TJ's Theater, there is a dance studio, two stores from TJ's Theater; theta is a hair salon; a janitorial supply shop; a restaurant which sells wine and bear; a Chinese restaurant which serves 1lquor; a Taco Bell; and a Karate School with fifteen percent of its students being minors. That place has less parking spaces than the proposed theater. 3.22-93 Page 4 ~.J ~ Mr. D-~mond stated they agree with the City Attorney that the Computer School would not justify denial of this permit. The purpose behind the ordinance was to protect grammar schools, junior highs, and high schools. He stated no alcohol will be served In the proposed location and minors will be excluded from the antire premisses. He stated he reviewed the staff report and agreed with everything except Paragraph 17. Commissioner Mosse noted some people that spoke earner are present and suggested that N the proponent made any points they wish to address they should have the opportunity to speak again. Chairman Peraza <.greed. OPPOSITION: Mrs. Loins Kason (name not spelled for the record), 1118 South Keith Street, Just north of the proposal. She stated she Is opposed to this use because they are right in the heart of Sunkist Elementary School, South Jr. High School, Katella High School and it is a residential area. She stated she usually takes walks there. She was concerned ff this place opens up negative activity will take place. She explained she has lived in Anaheim for twenty seven years and she is not ready to invite this type of business Into her neighborhood. Jack Kushand, stated he spoke this morning. He stated the owner of this property, Mrs. Chen, is unaware of what the petitioner proposes to do. The attorney mentioned at the February 22, 1992 public hearing that they have been paying high rent, but this is not true. Mrs. Chen said they only have a deposit which is contingent upon getting approval. The attomey stated the owner of the shopping center i~ agreeable to this type cf use. The owner is not agreeable because she Is unaware that there were eight people in opposition this morning that stated they will move out ff this use is approved. He stated he is the owner of the largest building in that shopping center, it Is over seventy thousand square feet. He stated everyone of his tenants, including the Orange County Corner's Office, Is against this use. There is an agreement with the sharing of the parking, but this will become a burden because traffic is already a problem there. Bob Whaler, 1240 South State College Blvd., stated he is the building manager for the seventy thousand square foot building and is also responsible for all parking. He stated he spoke this morning and now would Ilke to bring up some more points. He stated pages 4, 5 and 8 of the staff report have provisions related to the safety, the appearance of the buildings, the financial growth of the buildings and what kind of effect they might have. The reciprocal agreement on this property can be broken and that will affect the parking immediately. Thby would have to go through great expense, but it would be given great consideration. The parking has been a problem. He stated the attorney mentioned this bar was not going to hurt anybody. He stated he does not agree with that. You can talk to the Police Department and find out that somebody has been hurt, either physically accosted or financially. 3-22-93 Page 5 U n REBUTTAL: Amer EI-Rousan, 1275 N. Gilbert, Fullerton, stated he has spoken to the owner of the shopping center. She told him as long as his business complies with the conditions enforced by the City of Anaheim, and ft is professionally managed, she does not have a problem with it. This shopping center will benefit from his business because he will provide security. He wiN have a second person on the door and another one in the parking lot. He stated they will be opened until two o'clock in the morning so this center will be watched by security paid by him. He stated his place Is closed, the windows are closed and ft is not exposed to the public. He stated no additional signage will be put up. The only sign outside will be "Sahara's Theater." He stated he recently visfted TJ's Theater located in Stanton and spoke to the manager. The manager told him they have been opened for two years and has only had to call the police one time. They have no problems because they do not serve any alcohol. All the units, except one, are occupied. This theater has not had a negative Impact on the area. DISCUSSION: Investigator Jim Gandy, Anaheim Police Department, stated the applicant stated this business was In operation for two weeks. He went to this location several t!mes when ft was first going to be opened. He asked them what they were doing and they told him they were not going to be open that night. There was going to be a telovlsed fight that night. The place looked like it was all set up to run, but they told him they would not open for another week. He went back a week later and they were not ready to be open again. Another investigator went In because it was Monday night football and they had heard that it had Just opened. When he went in there, there was no football on T.V. and they had two dancing g(ds on the stage. He stated when the investigator talked to the ~' girls, the girls told them they worked at TJ's Theater and other bars In the area and that this was their first night working at the Cabaret. The next night Code Enforcement went to the Cabaret and Issued citations. Investigator Gandy stated he did not use TJ's Theater as a comparison to this location because there is a restraining order against the Ciry of Stanton. After the theater opened up, the City of Stanton passed an ordinance regarding adult entertainment; however, the ordinance does not apply to an existing location. He explained that the Sheriffs Department has a policy that they do not go inside and they do not monitor it, however, thoy will arrest prostitutes In front of the theater. Investigator Gandy stated he went to .. place that is very similar to the proposal in the Ciry of Ontario. He stated in the calendar year of 1992, the Police Department went there on seventy-six occasions. On January 13, 1592, they arrested seven persons for prostitution. He stated of the seventy-six calls of service, thirteen were fir prostitution arrests and twenty-three were for soma other type of disturbance. This business is similar in nature to the one currently being proposed in Anaheim, although, ft has its own building with its own parking lot. When he and his partner went inside this location, there were six customers, four employees, and ten cars parked outside. Their parking lot ran probably take thirty five to forty cars. ~..-~ 3.22-93 j Page 6 ~ J a ti ,-. He stated the whole complex on 1210 South State College Blvd. generated thirty-five service calls. He stated they can anticipate they will get the same number of tails as the one in Ontario because they are similar businesses. Bruce Freernan, Code Enforcement, stated the Code =nforcement officer that Issued that cftatlon was told by the on-site manager this was the second day they were open. Commissioner Messe asked if the security person at the dox was going to be the same person monitoring the parking lot? Mr. EI-Rousan answered he was going to have a person at the door and another security person would be monitoring the parking lot every fifteen to thirty minutes. Commissioner Messe asked how many security persons were going to be provided for the inside? Mr. EI-Rousan answered they would have three security persons Inside. Commissioner Messe asked for clarification if the total number of security personnel that will be provided would be five and if thEy would be present fifteen hours a day? Mr. EI-Rousan Indicated that was correct and added they will be there during the hours of operation. Commissioner Messe asked Officer Gandy if he thought that would be sufficient to control the activity that was observed at the Ontario cabaret? ~~ Officer Gandy answered security was not the problem that was observed with the location in Ontario. He stated Mr. EI-Rousan migh~ have very good desires and promises that he will make !n running his business. He stated the business is really run by the girls that get up on the stage. He stated these girls are paid money to perform an act for men with the money in his pocket. He stated she has to do sorciething to get that money out of the man's pocket. He stated fF she does not do something provocatively then he is not going to get the money out. Mr. Messe asked if the petitioner has stipulated that there was only going to be one girl dancing on the stage and Mr. EI-Rousan agreed there will only be one girl on the stage at a time. Mr. Messe asked if there was going to be any Pat; uns on the stage with the girl dancing and Mr. EI-Rousan answered never. Mr. Messe asked H there was going to be anybody in tha nude doing table dancing and Mr. EI-Rousan answered no. Mr. Masse stated these are all going to be conditions of the conditional use permit. Mr. EI-Rousan stated one lady will get on the stage and dance, and then two to three minutes later another lady comes out to dance. He stated they will only appear nude on stage and added they are not suppose to speak to the patrons during their dance. Mr. EI-Rousan proposed to take drug tests on his dancers when they sre hired and coi~!nue testing every six months. 'I 3-22-93 Page 7 ~ y, ^ Commissioner Boydstun asked if the dancers are salaried or independent contractors? Mr. EI-Rousan answered they are independent contractors. ~J Commissioner Peraza asked ff these dancers are not going to be his employees, then how is he going to enforce the rule that if they step out of the premises they can't come back in? Mr. EI-Rousan answered you have conditions in your business that independent contractors have to obey by. Commissioner Boydstun asked if he would specify if ho Is going to put in the contract for the dancers that they have a current business license? Mr. EI-Rousan answered yes. Commissioner Messe stated there was testimony earlier in the day regarding noise coming Into the chiropractor's office and that Mr. EI-Rousan said there is no noise. Mr. EL-Rousan stated there is a liquor store on tho west side of his unft and a chiropractor on the east side. He stated when he was testing the sound of his music he went to the liquor store and turned up the music to see how loud he can have it without disturbance. He stated the walls were vibrating because the speakers were close to the wall and added they were moved far way until there was no more vibration. Commissioner Messe stated he would like a second sound buffing wall be put there. Mr. EI-Rousan stated there is a noise killer that you put on the wall and it kills the sound and the vibration. Commissioner Messe stated what he needs the:, is a noise specialist to treat the walls any way that is necessary to eliminate any noise or vibration going to other units. Mr. EI-Rousan agreed to do that before operation starts. Commissioner Messe stated once his business opens, and the adjacent units can still hear the noise, then that problem will have to be resolved. Mr. EI-Rousan agreed to take care of h. Commissioner Messe stated the petitioner has determined that this Is a good place for this business. He has heard testimony today that the safety and well being of some of the tenants of this complex and surrounding buildings will be endangered. Since the owner has determined that this is a good place, can both the owner and the tenant offer the City of Anaheim a covenant or indemnification relative to the safety of the people In the surrounding areal Selma Mann, Ciry Attorney, stated in a previous Instance where the Commission had some concerns regarding possible safety issues to the public because of a use, they required a covenant backed by insurance to be recorded against the property. This covenant indemnified the Ciry of Anaheim. She stated if this is the desire of the Planning Commission, we can work with the applicant to get a covenant. 3.22-93 Page S u ~;. Mr. Diamond was opposed to this requirement. He stated Mr. EI-Rousan does not plan to sell alcohol and asked why would he pose more danger to the community then establishments that sell alcohol. Commissioner Messe stated the public is concerned about the type of people that may be coming to this establishment. Commissioner Caldwell stated there is a precedent that these types of establishments have Increased criminal actNity. He stated these types of facilft(es have more incidents of assault and battery. Mr. EI-Rousan stated the Commission has the benefit of putting him in probation to see how his business will Impact the community. He does not want conditions that are difficult to comply wfth. He already retarded a covenant and it was very difficult. Commissioner Messe asked ff the petitioner has agreed not to have any more signage then the one that is currently there and Mr. EI-Rousan agreed. Commissioner Messe asked what the age restriction was going to be7 Mr. EI-Rousan answered it would be eighteen and over since no alcohol would be served. Commissioner Boydstun asked if he would considertwenty-one? Mr. EI-Rousan agreed to have the age restricted to twenty-one and over. Commissioner Messe stated in this morning's review of the site plan, they found that the dressing room needs to be moved. He stated the dressing room has a door right opposfte the men's room. Discussion took place regarding the interior design described in the site plans and ft was determined that the labels are wrong. The label that reads "Men's Bathroom' should be changed to read "Women's Bathroom" and the label that reads "Women's Bathroom" should be changed to read "Men's Bathroom." Investigator Gandy stated when he went to the other location in Ontario he noticed something on their door and thought ft might be an advantage at this location. He stated this place will not be selling alcohol, but right next door, within twenty feet, there is a liquor store. He stated one of the conditions in the report Is that no Verson can go out, get liquor and bring ft back Inskle. The place (n Ontario had a big sign in the front door that read "No Re-Entry Wfthout Paying Money." He stated ff you walk in the door, pay the fee, and then go outside and want to come back in again, you must pay the additional amount of money. This way people are not going to go outside, get their handy stamped, drink some beer, come back in, watch the ladies, go back out again and get more beer. Mr. EI-Rousan stated he will post a sign in the hall way. He stated you will pay to get in, ff you leave for any reason, you will have to pay again ff you want to get back ln. He stated there will be no re-entry without an additional fee. 3-22-93 Page 9 i rj. ,r„~ Commissioner Messe asked how the Commissicn felt about Imposing a setback from the dancing stage to the audience. Commissloner Boydstun stated Alcoholic Beverage Control requires six feet. Investigator Gandy stated according to the Alcoholic Beverage Control when there (s nudity or semi-nudity Involved fn a theater performance, a sbt foot setback trom the entertainer to any of the customers is required. This will eliminate any touching of the customers by the entertainers. Commissloner Messe stated the seats in the theater seem to be right against the dance stage. Mr. EI-Rousan stated this stage is the same as the one in Harvey's Bar in Anaheim. He stated they serve alcohol and have bikini dancing. Commissloner Messe asked Mr. EI-Rousan ff he was going to have 'bikini dancing'? Mr. EI-Rousan answered he was going to have topless. He stated the customer is separated two feet from the stage. Commissioner Messe stated the State would require six feet if he would serve alcohol. He asked Mr. EI•Rousan if he would be willing to move the tables back six feet? Mr. EI•Rousan stated he will not be serving alcohol and there are two other bars in Anaheim that have built their stage the same way he has his. Investigator Gandy stated those bars do not offer adult entertainment. He stated they have ~- entertainment permits for dancing girls. They do not have an adult entertainment permft. Mr. Diamond stated this is not a zoning land use matter. He stated they are trying to manage the internal operation of the business. Commissioner Messe stated they are requiring this because of the concerns of tha people. They are Imposing conditir.~s which will help the operator maintain a business in Anahelm. Commissioner Mayer stated according to "Administrative Procedures Regulations; a conditional use permit is a special privilege and not a right granted by basic zoning. Mr. EI-Rousan asked to have the stage approved the way it Is right now and ff they have any problems then he accepts to have a six toot setback later. Commissioner Messe stated he noticed women walk right by some tables when they get off the stage and go to the locker room. Mr. EI-Rousan stated they walk straight Into the locker room. When they finish dancing they put their robe back on and walk back to the locker. Commissloner Muse asked ff they are waftresses and Mr. EI-Rousan answered no. Commissloner Boydstun asked ff they later come out and talk to the customers and Mr. EI-Rousan answered yes. 3-22.93 Page 10 ~,./ Commissioner Messe stated a women from the stage going to the locker room passes by one table. Can that table be moved or can an aisle way be provided by the petitioner so she can leave wfthout physical contact? Mr. EI-Rousan stated he can provide an aisle way with some ropes. He stated the main job for the three security persons ins(de is to make sure there is no physical contact between the entertainer and the customers. Greg Hastings, Zoning Division Manager, stated the Commission might want to Impose a condftion that would read: "That a parking management plan be submitted to ensure employee parking is directed towards an area that would least Impact other tenants.' Commissioner Messe asked what happens when the seventy-five seats are full and there are five people at the door wafting to come in? Mr. El-Rousan stated the flue people will waft in a line at the door for people to leave. Commissioner Tait stated he has a problem with granting the parking waiver. They have had testimony from more than half a dozen people that there is a severe parking problem in this center. Commissioner Boydstun stated they also had testimony that this Is going to have an effect on the adJoining land uses. She stated there was more than one person that said they would leave if this use was approved. Selma Mann, City Attorney, stated there is an 14em on today's staff report that is different from the February 22, 1992, staff report. The correct findings have been substituted in this staff report and are found on Pages 6 and 7. The decision should be guided on land use issues based upon those findings that will need to be made. The desire to deny this use would need to be based very specifically on Issues that have been raised with regards to this use. Commissioner Caldwell asked ff a business is moving Into an area and is going to be a detriment to businesses that already exist, does that not come under the qualifications described in Paragraph 22.035 of the staff report? Selma Mann answered yes, only if you have specific evidence before you and you can make your decision based upon the evidence that there are going to be land use effects upon surrounding areas. Commissioner Messe stated they have heard from speakers today that the opening of this business would cause an economic impact on their business. He asked ff this was specific evidence? Selma Mann answered it is specific evidence that has come before the Planning Commission today. It must now be related to a specific finding. Commissioner Messe stated the specific finding would be Section ".032." Selma Mann stated you are suggesting that the evidence presented today would affect the land uses and Commissioner Messe agreed and added it would also affect the growth and development of the area. 3-22-93 Page 11 ~. .~ Commissioner Messe stated they asked Mr. Johnson, Ms. Martin and Mr. Whaler H this use would have an economic impact on their buslness and they all said yes. Mr. Dlamond stated dealing with the first amendment, the courts have said that the zoning law has to be objective and specific. That policy decision regarding affecting neighboring land uses was made by the City Council when they adopted the zoning law. The zoning law states where you can operate and where you cannot operate. The Ciry Council has determined, as a law and a zoning policy, that this area is a place for an adult buslness. It is Irrelevant to the Commission's consideration that some neighboring businesses are threatening to leave or is claiming economic hardship because that is what the Ciry Council determined when k adopted the ordinance. They have found a place that satisfies the distance restrictions. If that argument were valid, then one could not operate in the City and you would have a total ban on adult businesses. What would prevent any business from coming before a planning agency and claiming economic hardship, then saying I am going to move? The courts have said you cannot do that. This property Is zoned for an adult business. Commissioner Messe corrected him In saying it is allowed with an approval of a conditional use permit. Mr. Dlamond stated a conditional use permit cannot be discretionary. He explained you cannot argue about subjective findings, they have to be objective. He stated you can Impose conditions, but you cannot ban the buslness if it satisfies the zoning law. They satisfy the zoning law. The Commission can impose conditions, but the Commission cannot say you can operate here because the other people will leave. By virtue of the Constitution, and the Court's decision, the City has to tolerate adult businesses in certain areas. If you do not allow an adult business to operate where the City has said by Its legislative body that it can operate, then where can you operate? Commissioner Mayer stated she has in front of her, the Planning Commissioner's handbook. She explained it has a set of administrative procedures and it defines under special and conditional use permits that there are five issues the Commission should consider in determining the approval of a conditional use permit. It says that a conditional use permit is not a right granted by zoning, h is a specla) privilege. She stated the five Issues that it outlines are traffic generation and circulation roots; use constraints such as outside storage, dust, noise and glare; sight use relationships to surrounding properties; surveys of attitudes of neighbors and the relat(onship to policies and goals In the adopted general plan. So far in trying to make a Judgement decision, she finds there is a problem with three out of the five issues from the public hearing today. She stated Mr. Diamond has said because he has a special Interest, this is contrary to the general rules for a conditional use pe~mft? Selma Man answered the general rule of thumb for a conditional use permit is more constrained in the adult use context because of the first amendment concerns. The City Council has passed an ordinance with regards to very specific type of guidelines on adult uses to narrow the amount of discretion that is allowed. That does not mean that you do not have any discretion. What remains is the consideration on Paragraph No. 23 of the staff report. She stated '.03704" indicates that one or more of the requirements of subsections .031 through .034 cf this section are not met. She stated the finding that reads "fhe granting of the conditional use permit will not be detrimental to the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim" Is determined to be too vague. There is so much latitude that there is a possibility for no adult use 3-22-93 Page t2 --~ ever getting approved by using that standard. She stated .031 4hrough .034 are applicable. In order to utilize any one of those findings in denying a conditional use permit, it would need to be backed by specffic findings or specific evidence that had been presented to the Planning Commission that pertained to this use. The decision is up to the Planning Commisslon. Commissioner Tak stated he is not willing to wave the Code In light of the evidence that was heard today regarding the parking problem. Commissioner Caldwell stated they are proposing 36% of the required parking and this will affect the center. Commissioner Messe asked Mr. Yalda to address the parking study. Alfred Yalda, Traffic Engineering, stated he agreed with the parking study and that they verified the numbers. CornmisslonerTait stated the parking study is one piece of evidence and they also have evidence from several people who have worked in the shopping center for several years. He stated he puts stronger weight on that testimony than the parking study; therefore, he cannot waive the Code requirement on parking. Greg McCafferty, Planning Department, stated the Commission also has to make the CEQA flnding for the Negative Declaration. Part of that flnding is based on considering public comment during the public review process. He stated if some of that comment relates to the potential for significant effect on the parking, it could be considered when making the Environmental Finding. 1'" Mr. McCafferty stated Traffic Engineering has stated on Page 5 of the staff report, that when they examined the use in Stanton, h generated from .5 to .75 parking spaces per seat. He explained our Code only requires .4 spaces per seat. On examination of this study h was determined that our parking standards may be Inaccurate. Mr. Yalda stated whon you have a mixed use you have to look at the overall picture regarding the operational hours and the different uses. He stated when they looked at TJ's Theater, they did not make a determination as to whether the parking was adequate or not, they simply identified what the demand was. ACTION: ~../ Commissioner Messe offered a motion, seconded by Commissioner Caidwell and MOTION CARRIED (Commissioners Taft and Mayer voted NO, Commissioner Henninger absent), that the Anaheim City Planning Commisslon does hereby approve the CEQA Negative Declaration for Condtional Use Permit No. 35138. Commissioner Messe offered a motion to Approve the Waiver of Code Requirement based on the parking study that was submitted. Lacking a Second, Commissioner Caldwell offered a Motion, Seconded by Commissioner Taft and MOTION CARRIED (Commissioners Messe and Peraza voting No and Commissioner Henninger absent) thatthe Anaheim City Planning Commisssion does herebydeny the Waiverof Code RequlremenL 3-22-33 Page 13 i ~ Commissioner Mayer offered a Resolution to Deny Conditional Use Permit No. 3588 based on finding No. 22.032 because this use will adversely affect the adjoining land uses. Selma Mann stated another reason for denial of the conditional use permk is the denial of the parking waNer then you would also need to consider Finding No. 22.033 wfth regards to the size and shape of the she in relation to the determination that parking is not adequate. Commission Mayer offered the resolution based on the following findings: (.032) That the proposed use will adversely affect the adjoining land uses and the growth and ~ development of the area in which it Is proposed to be located; (.033) That the size and shape of the site for the proposed use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; VOTE: 4-2 (Commissioners Peraza and Messe voting No, Commissioner Henninger absent) ~• l - 3-22.93 Page 14 MINUTES. ANAHEIM CITY PLANNING COMMISSION ITEM NO 2 CEQA NEGATIVE DECLARATION WAIVER OF t:uur rttuurnaMarvi „rvv ~,~~w„,v,.n~ tISE PERMIT N0. 3588 PUBUC HEARING. OWNER: DVAN-SONG LEE AND HUI-DING CHEN, ET. AL, 2121 W. Mission Road, Alhambra, CA 91803. AGENT: AMER EL-ROUSAN, 1275 N. Gilbert Avenue, X100, Fullerton, CA 92633. PROPERTY LOCATION: 1210 SoLnh State C~olleae Boulevard. Unk'C.' Property is approximately 1.36 acres located on the east skle of State Cdiege Boulevard and approximately 200 feet south of the centedine of Ball Road. REQUEST: Petkioner requests approval of a corxikional use permk to pennk a cabaret wkh{n an existing sports theater wkh waNer of minimum number of parking spaces. There were 9 persons indicating tholr presence in opposkion to subject request and although the staff report was not read, k Is referred to and made a part of the minutes. Amer EI-Rousan, 1275 N. Gilbert Avenue, X100, Fullerton, CA 92633, petkioner, stated that hls attorney could not be present until approximately 5:OOp.m. and that he dkl not want a continuance. He asked • that public testimony be taken and that the headng resume at 5:OOp.m. The Planning Commission granted h(s request. Greg Hastings, Zoning DNlsion Manager, gave a brief history on the project and stated that there were ~ no changes in the request and that this hem was continued from the last hearing at the request of the Planning Commi~lon. Staff was asked to study the Impacts of sirnllar uses In other ckles In regards to ; parking, traffic, social Impacts and blight and also to determine ff a focused Environmental Impact Report should be prepared. He stated at the last meeting k was discussed as to whether or not there would be a waNer required for distance to the shhod which is on a neighboring property. He explained since that time, staff has been advised by the City Attorney's Okice that the shhud, for purposes of the Adult Entertainment Ordinance, ii would not pertain here in terms of the distance requlremenLs. y OPPOSITION: Dennis Johnson, 608 S. MarJan, Anaheim, CA. His business addree~;: is 1210 S. State Cdlege Bivd., Anaheim, CA. He stated he owns a pizza place and sports bar. rla stated he objects very strongly to this. He explained 8 months ago he was at the hearing when the petkioner stated he was going to have a family sports bar which never came about-k fumed Into a girl show. He stated he INes In this area and this is not what they want in this neighborhood. He stated he has teenage boys that come Into his place of business and play the games and pod. He explained two of the mothers have already tdd him ff the Cabaret opens, the boys will not be allowed in his place. He stated this will vidate his business and the neighborhood. He added this is not what they want and this is not what his wffe wants. He stated they cannot allow this kind of business to make a profk, because they will have them all over the place. He stated the areas that have these types of businesses are not the nicest of areas, and East Anaheim, particulady in that area, is a beautffui reskfential and business environment. He noted k will not stay that way with that k{rx1 of crowd. He explained he wUl lose business; his business will be devaluated; k will take business away from him and k Is not fair. Commissioner Caldwell asked what percentage of his dlentele Is 18 and under? MISSION Mr. Johnson explained Saturday and Surxfay Is actually his slow time. His business comes from the Industrial area; however, that Is when he gets ail of the kkJs coming in to play pod. He stated during those two days, the kkls make up about 40%. During the week ri would be about 10% or less. Commissioner Messe asked H ha felt this would have a direct economic impact on his business and Mr. Johnson stated it certainly would. He rerierated that two mothers have already tdd him their children will not be able to come in. tOds eat pizza; drink sodas; play pod and bring their friends. If they do not come in, their friends will not come with them. He added ri is not the klrxl of thing he wants to see in the City. Commissioner Mas,e stated ff the opposrilon was able to come back for the general public hearing, then he would encourage them to do that and then they would be able to hear the entire Issue. Dr. Denise Martin, 1210 S. State Cdlege Blvd., Surie D. She stated she was located next door to the proposed srie. She stated unfortunately she was not aWe to come back later. She submitted copies of some of the information she will be covering. She stated there were 3 main Issues she was most concerned and upset about. She exp:: ~ned this is generally a very professional business park that comprises medical facilities. She stated the ti.3t Issue is noise. She explained in the past when they have been putting on their audio equipment and +r~elr television, it has actually vibrated their common wail because they have mounted the speakero onto the wall. Later on they dkf take some of the equipment off of the common wall. She stated when they do turn k on, k does vibrate the walls and they have had to call them because k is during their business hours and ask them to turn it down. She stated they do go ahead and do that although ri still vibrates the common wall and all of the offices attached to that wall. She explained that the offices are comprised of private doctor's offices where they consuri wrih their patients, as well as the treatment rooms. She further explained the reason this is so detrimental to their practice Is that the doctor and patient cannot carry on their nom~al cornersa::on and speaking wkh your doctor is the most Important part. She stated they cannot hear what the patient is saying and the patient cannot hear what they are saying. She stated the other thing that is retrimental is in the treatment room they have people that come to them for pain relief such as headaches; back pain and neck pain and H anyone has suffered from pair and headaches, they are irritable to begin wrih and very sensitive to their ernironmeM. They stress a very calm and relaxing ernlronmeM which is completely blown out the door when the music is fumed on. The walls are actually vibrating. The pictures and diplomas on the wall are shaking as H they are going through a constant earthquake. She stated they have no way to contrd ri. They can bring the vdume down, but they still have the devastating effects. The patients are very upset when they come in and this Is occurring. She stated another proW9m is parking. She explained wrih many of the businesses in the area, their business is a high 4rafflc type of business. They have a lot of patients coming and going. Many offices and businesses In the park have very high traffic flows and they are already extended as ri is. She stated she had to get a special variance to allow her practice to go in 5 years ago which allowed them to share the common area with other businesses; however, they are going to over extend that. They are already starting to have problems wrih double parking; parking In areas not designated for parking which will lead to an Increase in injuries within the parking lot and she dkf not want to see that happen. MINUTES. ANAHEIM CITY PLANNING COnAMISSION. MARCH 22. 1993 oAGE 3 She stated another thing that affects their pradice in parking is that a lot of their patterns are disabled and ft is very difficult to walk even a short distance. With Increased parking, they viii hsve to park further and further to the very ends d the parking lot structure. She added they will have more pain and pain relief Is what they are coming to their office for. She was concerned about the type of entertainment provkied. She stated k Is very well supported through pdice and dry recorcis that this type of activity does Increase both battery arxi assault cases wfthin the Local area and then spreads from there. She stated they do treat a lot of women and their chlldren. They have enough of a problem In Orange County with rape and batterycases-they Just do not want to see that on the Increase in their area. She spoke with her patients to :,ee how this type of business could affect her practice and she determined that h would lead to a complete detriment promptly wfthin opening the faculty. She asked them what they thought about this type of business. The mothers will definitely not put their chlldren In risk and the husbands are telling their wives that they are not going to ga there because of what could happen. She stated the people who are sensftive and have a lot of pain will choose to be treated in an office that can maintain a very soothing environment. WUh the type of noise that would be present, they could not guarantee that anymore. She stated her severely disabled patients tdd her they could barely handle walking the distance that they have to; therefore, llte mciaase in that would cause detriment to her pradice. She stated she has had some very successful times since beginning her pradice 5 years ago. They have grown during the recession; they have done very well and they have provkled excellent service. She stated H this proposed site is allowed to go through, she fears they will face their practice falling Immediately. She fears for the safety of her patients; her staff and the doctors. She stated they do not want to have a problem. Her husband tdd her she was not going to continue practicing in that area ff that type of actNity goes on. She would be forced to move out She stated R is not felt. They have a nice, well established professional area and to add In this type of activity, I.e., the noise, the parking, the female nudity, h would only detract ftom the professionalism and it would be very much contradictory to what already exists. She added ff anything, h should blend in and merge with what is currently existing. She asked ff the Commission had any questions? Dr. Martin further stated she has referrals both by her patients (they refer their families and friends) and she also receNes referrals ftom insurance companies for evaluation of treatment of injured workers. They have tdd her over the phone, ff this should exist, they wUl not refer their people due to the higher risk of physical Injury to the people they refer. If something happens to them, then they will be liable because the insurance company referred the patient to her. Commissioner Masse asked for darffica~n ff this was verbal communication and Dr. Martin darffied k was, however, she could have ft put In wrUing ff the Commission would prefer. Commissioner htayer asked ff she has communicated her concerns to the property owner that this is detrimental? She stated so many of the businesses appear to be against this and what is the property owner saying ff they are losing all of their businesses? :ti ;a MINIRES ANAHEIM CITY PUINNING COMMISSI^"' ~"aO~H pp tar3 PAGE 4 Dr. Martin stated all she could do is ask the owner about her sttuation and when she did speak wfth the owner and her associate, they both laughed on the phone. They were not in support of the curcent tenants at all. She tdd the owner that she had been a good tenant for 5 years. That she has always pakl on time; she never has gNen her a probem; she was asking her to help them and stand wfth them. She added that Is not going to occur. Commissioner Mayer asked ff they had any sdutlons for the common wail problem they were experiencing with noise? Dr. Martin explained that a construction worker dk! come and look at the wall they damaged while renovating. He saki nothing could be done. He though they could Install two walls wfth a lot of Insulation In between, however, the decibels caused by the bass portion of the music would still vibrate through the walls. Commissioner Masse asked how long the cabaret had been opened when they were experiencing all of this noise? Dr. Martin explained tt was all during the time they were testing their equipment which was on and off throughout the last few months. Commissioner Caldwell asked for dariFlcatlon tt the cabaret Is approved and Is operational, wnl she move or will she watt to see what kind of affect ft has on her business? Dr. Martin stated she cannot waft to see what kind of affect tt has on her business. She Is also trapped by her Issse, so the landlord can do anything she wants. She explained she Is bound by agreement to stay there until the tercnlnatlon of her contract. Commissioner Caldwell asked tt her lease was up would she move and not watt to see tt tt would be detrimental to her business or not? Dr. Martin stated she Is trying to work wfth the owner through negotlatlons to leave tt this does go through, so everything Is very sensttNe right now. Safety for herself and her patients weighs tremendously upon her decision. Commissioner Caldwell asked tt she did Intend to negate wfth her landlord for an opportuntty to vacate her lease tt his goes through? Dr. Martin Indicated that is corcect. RIgM now she Is trying to work wfth liar to stop this. Commissioner Masse asked tt she spoke wfth her landlord about the posslblltty of posting parking signs for patients of Dr. Martin? Dr. Martin salted she spoke wfth her landlord In the past regarding this Issue and the landlord will not do that. Commissioner Masse asked for dartttcation ft she felt that there would be a great economic Impact on her business? Dr. Martlr. stated yes, she feared they would fan Immediately tt that business is allowed to open up. Commissioner Tatt asked what the hours of operation were for her business? ES. ANAucu~ rirv o,_ANNING COMMISSION MARCH 22. 1 Dr. Martin stated it varies, but normally from 9:00 a.m. to 7:00 p.m. Commissioner Taft asked ff there was a parking problem throughout their operational time or during peak hours? Dr. Martin explained k peaks right around lunchtime and then again in the late afternoon when the cabaret plans to be open. This next person dki not Identify himself. He stated his lease Is up In a year and a half aril he already tdd "Pinky' he would not be there. He stated the Landlord had concern. He stated she does have concern and that she dkJ not really know what this business really was. He stated as far as parking goes, there is hardly no parking at anytime. Bob Whaler, 1240 S. State Cdlege BNd. He explained he is the Building Manager. He Is virtually In i charge of all of the parking for all of the properties including the buUding that Is adjacent to where this nude bar is being proposed. Commissioner Masse asked if the building he was referring to was the Computer l.saming Center and Mr. Whaler indicated that was corcect. 7 Commissioner Masse asked if he also took care of the parking for the two restaurants and Mr. Whaler again indicated that was corcect. Mr. Whaler stated signage will not contrd the parking. They have tried that before and unless someone is physically watching where people are parking, you have no klea who is in the car or who is perking. He stated he feels strongly about the nude bar and what ft can do to the surrounding businesses. The `.i Commission has heard testimony that ff some of the business owners could fled a way out of their lease, `= they would get out of their lease. He explained that would put the landlord in a worse posftlon then she is now wkh the proposal of the nude bar. He stated they have the same problem with their building. There is a tremendous vacancy problem. The City of Anaheim has about 22% vacancy as k is with office space and the landlords are trying to do everything they can to create a reason for people to rent for them. There are several tenants on month to month that are virtually wafting to find out H the bar is gc ::.y in and ff f[ does, he can assure the Commission they will leave. He referenced the staff report and h states that there is no substantial proof obtained to date to link the proposed use with Wight or deterioration. He proposed that the Commission go and talk to some of the tenants or have someone go out there to do a report on this and ask the tenants who support Anaheim with their business taxes ff they would leave or would they stay ff the CUP for the nude bar was granted. He stated he was sure they would be surprised as to what the tenants wUl tail them. He stated he would much rather have all of the tenants stay because if they lose the tenants in that one large building, which is almost 70,OW square feet, they will have a problem wkh a vacancy factor and no income coming fn. He voiced hla concern that this could lead to deterioration of the building. He stated he represents a landlord that does not want to see a loss of Income and revenue coming from tenants that are in a precarious position. Several large tenants including Disneyland have been there for several years. ~~itii RFC eNet;FIM GIN PLANNING COMMISSION MaarH 22 1'~3 PAGE 6 He referenced their reciprocal parking agreement and stated obvbusly they have an agreement with all of the other landlords around and this could cause a parking problem wkh the reciprocal peridng agreement not being enforced. He stated they do have a tremendous problem wkh parking. He stated he knows they are not completely full in that building. They have quke a bk of empty space. If they were ever to fill up, there would be no parking for dients of doctors or tenants in his building. He stated they have a tough enough time as k is. He stated on the weekends when there are Rams games and Angel baseball games, people hang out in the parking lot where there is no parking. He stated k is like a taU gate party in the parking lot and kids are there. fie stated k is 100% Oiled up Saturday and Sundays after football and baseball games. He explained k is private property and they have kkis over there, and people are entkled to park there unless they say they do not want them there. He further explalned they let people take advantage of the nice parking they have on the weekends to create an Anaheim atmosphere like they have wkh Disney. Commissioner Masse asked k he has ever seen a copy of the reciprocal parking agreement? Mr. Whaler slated he could probably get a copy of k. FNe years aqo he read k end that is the last time he looked at k. He suggested that they get an extension on this to rave time for the Cky Attorney to look at the reciprocal agreement and for all of them to sk down arxf review k to see what the outcome could be. He stated he thought k needed to be looked Into a Iktle more thoroughly. He stated the Cky of Anaheim and other ckies are hurting wkh money not coming in because of the economy. He stated he assumes that the pdice have made a report or have done thelr homework wkh regard to the nude bar. Obviously there will be more calls to this particular area. More calls would make less officers available for covering Anaheim like k should be covered. Fie elaborated. Chairman Henninger asked what the current vacancy rate was in his building? Mr. Whaler stated they are dose to 25 to 30 percent Chairman Henninger asked of the existing tenants, how many have said they would leave? Mr. Whaler stated well over 50% and maybe doser to 60%. He stated he could physically show them the proof. He stated they do not want to lose anyone because k would create a problem wkh the building as far as being able to make the payment. Chaim>an Henninger stated k is unfortunate that they dk1 not come and speak for thernselves today. Mr. Whaler stated they were hoping k would not get this tar. He thought wkh the location of the school and t.~j attendance of minors, that this would terminate the problem wkh the CUP. He stated he thought some of the representatNes here would be able to fled the time to go out and talk to the tenants under a more relaxed atmosphere. Commissioner Mayer asked k k would make any difference to the tenants k they were to condkion the hours to be after 6:pOp.m.? MINUTES ANAHEIM CITY PUINNING COMMISSION MARCH 22 1993 PAGE 7 Mr. Whaler stated the schod does not get out until 11:OOp.m.; there are approximately 300 students and 9096 of them are women. He explained ff is dark outskie even with the parking lights. Mr. Diamond mentioned that they would provkJe security, but how could they be in front of the building and provkie protection in the back? He asked that the CUP be fumed down. Jim Ward, Presklent and Broker of Century 21 Action Associates, 1240 S. State Colege Bivd., Suite 192. He stated he is a tenant in the building that Mr. Whaler occupies. He stated from what he understands this is going to be a business that is primarily about nude women serving people and that alcohd wnl not be allowed. He stated he has a problem from the standpoint of an irnestor of looking at a business like this and saying k will take off. He stated he cannot and would not recommend that anyone irnest !rr it. Therefore, he does not see how anyone can make a profR and stay in business. He stated ff such a business venture is going to be profitable h probably already is somewhere else. He stated right now everyone appears to be convinced that this is going to be bad for the area. He suggested that one of the things that needs to be produced is a report showing other cities that have this kind of entertainment to show that ft has provkied value for the neighborhood and ff that can be done, then perhaps their fears are totally unfounded. He stated as a real estate broker, he has in his employ anywhere from 25 to 40 people during tha year and most of them are female. He stated they show property in the evenings; work wkh their dlents in the evenings and weekends. He stated they have the parking and the facilRies and the people who work for him feel comfortable wfth going to their cars. Many of their dlents come with children. He dki not think k would be appropriate for children to be exposed to this kind of ernironment in that area. He stated as Mr. Whaler pointed out, single females going out Into the parking lot In the evening may not be In the best protected ernironment. He stated he moved Into the building he is in now and is not tied to a lease; therefore, ff this is approved ha can move wkh a 30 day notice. He stated ff that does not happen, he has also put in an option on more space in that building because he believes that he can create a very good business in that particular building. He stated before he moved there in December, he was across the street on the north skis of Ball Road and State College Blvd. He elaborated. He asked that other areas with nude bars be researched. If h is possible that ft produces a better area, then h would be a welcome thing for most people. He stated he dkl not think that anyone would believe that h would increase or Improve their business. Jack Kushand Qast name not spelled for the record), owner of the 1240 State Colege, Blvd., Sufte 265, known as the Computer Learning Center He stated prior to coming to the hearing he contacted every tenant he has. He stated they do not like k because he has 50 female employees. He has the Orange County Coroner's Office, which is a group of doctors that do all of the Coroner cases for Orange County. He stated they are very unhappy and ff something like that happened, they would move. He stated they f>ave other people Ilke Disneyland, attorney's and other professionals and they do not Ilke this. Right now the economy is very bad and vacant office buildings are a problem. He stated he knows he will lose the building ff this business goes in because K is a hardship for him. He stated he would Ilke to see the attorney here today because he lied the last time he was here. He saki they are paying high rent and that is a big Ile. He spoke with the owner, Mrs. Chen. She explained they have pakJ only one month security deposft and one month's rent deposk on the contingency of obtaining approval. MINUTES ANAHEIM CITY PLANNING COMMISSION MARCH 22 1993 PAGE 8 He stated the attomey Indicated he was dedicated to the City. He dkl not tell you he sued the CRy of wlll probably be suedCHeostated they cannot have an Uiegitimate business ome in here and gat rid of all of the good businesses that they havo in Anaheim. He strongly recommends postponement of the meeting untU the attomey is here. He stated the attomey knew he had this meeting and he should have made arrangements to be here. Chairman Henninger stated he has heard twice now the concem regarcling the female employees of other businesses. He asked ff it is a concem that the level of security that is presently at the she for females, will not be as goad when this business is in? i drugsuand prostftut one. Heilstated his tenanatsl are working and canno~com tot elhearinggn order teod In l testHy. ', Chairman Henninger directed this next statement to Selma Mann, Deputy City Attomey. He stated once '; whetherhor Wort his wouldwbe dangerousreHe stated at tiwt t time they asked both he user oft the CUP and the property owner for an indemnification. He wondered ff these people have a point, i.e., that there ' may be an Increased risk at this site. He asked U an indemndication would be appropriate? Ms. Mann explained she believed H they have reasonable grounds to think that there may be a danger posed by a particular use, ft could be appropriate to require a covenant and the covenant would need io be backed by Insurance with regard to actNities that relate to the particular use. It would not be clear haslarlsen befol~inSh added k would (wssible to frameesome kicovena~n regard toothatat Chairman Henninger stated that might be appropriate. Dr. Robert Martin, 1210 S. State Cdlege Blvd., Suite D. He is a practicing chiropractor and husband of Dr. Denise Martin. He stated he will not let her work in the evenings in particular if this goes through. He asked the male Commission membe~Mthoeth nkuhard about that, es practicing next door to a stuation like this? He stated they may He stated he holds six or seven tides for the CalHomia Chiropractic Association. He noted there was some concem regarding risk. He stated if an Insurance company refers someone to a hospital for a explaieed hat hehinsuranace comtpanires areln the business to reduce crick adynot Incr~ease~n ~ He He stated something that has come to his attention is the deception that has gone on in this process. Indlally this was suppose to be a juice bar, then a sports bar and now a nude establishment. He stated as a Doctor, ff someone comes to his office with back pain and they see a structural problem, they a pathdogicel condition. lHeestated he thoughmthis was a goood anal logy rbecause he thinks theychaveva pathdoglcal cancerous situation here. MINUTES ANAHEIM CITY PLANNING COMMISSION MARCH 22 1993 PAGES i ~i He stated this while process gNes him great concern as a husband. He rekereted he wul not let his wife work there-he has attorneys looking at their contract now and k they need to vitiate the lease and k costs them money, then that is what they will do. He will not put his wke cr her staff at risk. She has developed a practice that she is very proud of and he is very proud as her husband and he though the Cky of Anaheim would be proud. He dkJ not think anyone would be proud to be next to an establishment like this one. He stated he happened to work wkh another doctor who had an otflce wkh this type of establishment ',I next door. She no longer works there-she now works In the same office as he does. It has caused her hardship and financial concerns as well. Commissioner Tak asked k he has also wknessed a parking problem at the cente(1 I Dr. Martin stated not to the same degree. His hours are very Ilmked in comparison. `s Dr. Michael Adams, 1210 State Cdlege 81vd. He recently is associated wkh Dr. Martin. He explained he is neuuly out of schod and is trying to start up a practice. He stated he has not yet moved to this area, however, he is planning to. He has a new family-his wke Just had twins. He stated when he was researching Anaheim, he felt k had a great family environment. He stated ff this ?. goes through, he will have to break his contract wkh Dr. Martin and will have to set up a practice in another location. He is in support of the hems Dr. Denise Martin brought up. Dr. Patricia May, 1210 S. State Cdlege BNd., Suke D. She stated she has been there for approximately i-1 /2 years. Her office is on one of the common walls and when they are speaking on the phone when she is in her office, she can hear their conversations. She stated in her office she does patient consultations, so at the time she is consulting wkh a patient, she feels her privacy wkh a patient is being disturbed. She stated ff she Is hearing what they are saying on the phone, they must also be able to hear what she is saying to her patients. She stated she Is concerned k the cabaret does open up, they will have problems wkh transients. She stated they go to the liquor store to buy their wine and then slick the patients that are coming in and out of the dflce. She felt that would Increase H the cabaret goes in efte She stated she is concerned about herlown safetyu She stated there Ids I tufted parking dutring thes evening hours due tc restaurant parking; therefore, that leaves less parking for their patients. END OF OPPOSITION'S TESTIMONY. It was determined that some of the opposkion would like to come back when the public hearing pertaining to this kern resumes again. Chairman Henninger stated they will guarantee them that they will not start again until 4:15 p.m. He stated if the attorney is not here by 5:00 p.m., they will continue the hem. SUBJECT ITEM WAS TRAILED. MINUTES. ANAHE~LCITY PLANN THE PUBLIC HEARING WAS REOPENED AT APPROXIMATELY 5:00 P.M. Roger Diamond, Attomey for Amer EI-Rousan, the applicant. His office is located at 2115 Main Street, Santa Monica, Calkomia 90405. Ha stated today, the Unked States Court of Appeals for the Ninth Circuk, has struck down, as invalkf, the LA. Cky Ordinance that purports to regulate where adult businesses can be located in the Cky of Los Angeles because that ordinance was too resfrictive. The ordinance that the Cky of Anaheim adopted a number of years ago that governs this particular business is very restrictive, but fortunately they have not been compelled to challenge the constkutlonalky of the ordinance because as restrictive as that ordinance Is, this particular location does meet all of the distance restrictions imposed by the very severe and restrictive Anaheim Cky Ordinance. They are not here to challenge the ordinance, but to demonstrate that there Is a location in the Cky of Anaheim that does comply. He gave some further background on location of aduk businesses. He explained Mr. EI-Rousan is located in a shopping center and complies wkh all of the distance restrictions of the Municipal Code of the Cky of Anaheim. Mr. Diamond stated they agreed wkh the staff's recommendation. He indicated there is an error on the staff report. It states that the previously-approved sports theater has not operated since the approval of Condkfonal Use Permk No. 3529. He stated Mr. Ei Rousan operated for two weeks. Commissioner Masse asked for the dates of the operetion and Mr. EI Rousan responded they were In operation from November 13 through November 24, 1992. Mr. Diamond stated Mr. EI Rousan has conducted his own study of TJ's Theater which is located in the shopping facility on Beach Blvd. in the Cky of Stanton. There is a small church wkhin sixty feet from TJ's Theater, there Is a dance studb, two stores from TJ's Theater, there is a hair salon; a jankorlal supply shop; a restaurant which sells wine and beer, a Chinese restaurant which serves liquor, a Taco Bell; and a Karate Scholl wkh rkteen percent of ks students being minors. That place has less parking spaces than the proposed theater. Mr. Diamond stated they agree with the City Attomey that the Computer Scholl would not justify denial of this permk. The purpose behind the ordinance was to protect grammar schods, junior highs, and high schods. He stated no aicohd will be served in the proposed location and minors will be excluded from the entire premisses. He stated he reviewed the staff report and agreed wkh everything except Paragraph 17. Commissioner Masse noted some people that spoke earlier are present and suggested that k the proponents made any points they wish to address they should have the opportunky to speak again. Chairman Pereza agreed. MINUTES._eA1e1-IEIM CITY PLANNING COMMISSION MAR OPPOSITION: Mrs. Louis Kason (name not spelled for the record), 1118 So:,th Kekh Street, Just north of the proposal. She stated she Is opposed to this use because they are rlgM In the heart of Sunkist Elementary School, South Jr. High Scholl, Katella High Scholl aril h is a residential area. She stated she usually takes walks there. She was concerned if the cabaret opens up negative activity will take place. She explained she has INed In Anaheim fortwenty-seven years and she is not ready to irnite this type of business Into her neighbofiood. Jack Kushand, stated he spoke this moming. He stated the owner of this property, Mrs. Chen, Is unaware of what the petitioner proposes to do. The attomey mentioned at the February 22, 1992, public hearing that they have been paying high rent, but this is not true. Mrs. Chen saki they only have a deposit which is contingent upon getting approval. The attomey stated the owner of the shopping center is agreeable to this type of use. The owner is not agreeable because she is unaware that there were eight people In opposftion this moming that stated they will move out H this use Is approved. He stated he is the owner of the largest building in that shopping center, h is over seventy thousand square feet. He stated everyone of his tenants, Induding the Orange County Comer's Office, Is against this use. There is an agreement with the sharing of the parking, but this will become a burden because traffic is already a problem there. Bob Whaler, 1240 South State College Blvd., stated he is the building manager for the seventy thousand square-toot building and is also responsible for all parking. He stated he spoke this moming and now would Ilke to bring up some more points. He stated pages 4, 5 and 6 of the staff report have provisions related to the safety, the appearance of the butldings, the financial growth of the buAdings aril what kind of effect they might have. The reciprocal parking agreement on this property can be broken and that will affect the parking immediately. They would have to go through great expense, but K would be given great consideration. The parking has been a problem. He stated the attomey mentioned this bar was not going to hurt anybody. He stated he does not agree whh that. You can talk to the Pdice Departmert and find out that somebody has been hurt, either physically kaccosted or financially. 1tEBUTTAL: Amer EI-Rousan, 1275 N. Gilbert, Fullerton, stated he has spoken to the owner of the shopping center. She tdd him as long as his business complies whh the condftions enforced by the City of Anaheim, and h is professionally managed, she does not have a problem whh fL This shopping center wUl benefit from his business because he wUl provkle security. He will have a second person on the door and another one in the parking lot. He stated they will be opened until two o'dock In the moming so this center will be watched by security pakl by him. He stated his place is dosed, the windows era dosed and h is not exposed to the public. He stated no addftional signage will be put up. The only sign outskJe will be 'Sahara's Theater.' ~ ~~iui rrGC eNAHEIM CITY PLANNING COMMISSION MARCH 22 1993 PAGE 1i He stated he recently visfted TJ's Theater located in Starnon and spoke to the manager. The manager told him they have been opened for two years and has only i,.d to call the pdice one time. They have no problems because they do not serve any alcohd. All the units, except one, are occupied. This theater has not hail a negative Impact on the area. DISCUSSION: Investigator Jim Garxly, Anaheim Poice Department, stated the applicant stated this business was in operation for two weeks. He went to this location several times when k was first golns to be opened. He asked them what they were doing and they tdd him they were not going to be open ghat night, that there was going to be a televised fight that night The place looked like h was all set up to =un, but they tdd him they would not open for another week. He went back a week later and they were rra ready to be open again. Another Irnestigator weM In because h was Monday night football and they had heard that f[ had Just opened. When he went in there, there was no football on T.V. and they had two dancing girls on the stage. He stated when the Irnestigator talked to the girls, the girls tdd them they worked at TJ's Theater and other bars in the area and that this was their first nigh working at the cabaret. The next night Code Enforcement went to the cabaret and Issued cRatlons. Irnestigator Gandy stated he dkl not use TJ's Theater as a compadson to this location because there is a restraining order against the Clty of Stanton. After the theater opened up, the CRy of Stanton passed an ordinance regarding adult entertainment; however, the ordinance does not apply to an existing location. He explained that the Sheriffs Department has a pdicy that they do not go inskJe and they do not monitor k, however, they will arcest prostitutes In ftoM of the theater. Investigator Gandy stated he went to a place that is very similar to the proposal in the City of Ontario. He stated In the calendar year of 1992, the Police Department went there on seventy-six occasions. On January t3, 1992, they arcestad seven persons for prostitution. He stated of the seventy-stx calls of service, thirteen were for prostftution arrests and twenty-three were for some other type of disturbance. This business is similar in nature to the one curcently being proposed in Anaheim, although, h has Rs own building with its own parking lot. When he aril his partner went inskle this location, there were six customers, four employees, and ten cars parked outskle. Their parking lot can probably take thirty-fNe to forty care. He stated the while complex on 1210 South State Cdlege Blvd. generated thirty-five service calls. He stated they can anflcipate they will get the same number of calls as the one in Ontario because they are similar businesses. Bruce Freeman, Code Enforcement, stated the Code Enforcement officer that Issued that ckatlon was told by the on-she manager this was the second day they were open. Commissioner Masse asked N the security person at the door was going to be the same person monftoring the parking lot? Mr. EI-Rousan answered he was going to have a person at the door and another security person would be monftoring the parking lot every fifteen to thirty minutes. Commissioner Massa asked how many security parsons were going to be provkfed for the Inskle? ~INLrcES ANAHEIM CITY PLANNING COMMISSION MARCH 22 1993 PAGE 13 Mr. EI-Rousan answered they would have three security persons Inskle. Commissioner Masse asked for clarification ff the total number of security personnel that wpl be provkled would be five and ff they would be present fffteen hours a day? Mc EI-Rousan indicated that was correct and added they will be there during the hours of operation. Commissioner Masse asked Officer Gandy ff he though that would be sufficient to contrd the activity that was observed at the Ontario cabaret? Officer Gandy answered security was not the problem that was observed with the location in Ontario. He stated Mr. FJ-Rousan might have very good desires and promises that he will make In running his business. He stated the business Is really run by the girls that get up on the stage. He stated these girls are pekl money to pertorrn an act for men wffh the money In his pocket. He stated she has to do something to get that money out of the man's pocket. He stated ff she does not do something provocatNely then he Is not going to get the money out. Commissioner Masse asked ff the petkloner has stipulated that there was only going to be one girl dancing on the stage and Mr. EI-Rousan agreed there will only be one girl on the stage at a time. Commissioner Masse asked ff there was going to be any patrons on the stage wffh the girl dancing and Mr. EI-Rousan answered never. Commissioner Masse asked ff there was going to be anybody in the nude doing table dancing and Mr. EI-Rousan answered no. Commissioner Masse stated these are all going to be condkions of the conditional use permit Mr. EI-Rousan stated one lady wnl get on the stage and dance, and then two to three minutes later another lady comes out to dance. He stated they wul only appear nude on stage and added they are not suppose to speak to the patrons during their dance. Mr. EI-Rousan proposed to take drug tests on his dancers when they are hired and continue testing every sbc months. Commissioner Boydstun asked ff the dancers are salaried or Independent contractors? Mr. EI-Rousan answered they are Independent contractors. Commissioner Peraza asked ff these dancers are not going to be his employees, then how is he going to enforce the rule that ff they step out of the premises they can't come back in? Mr. EI-Rousan answered you have corxJkions in your business that irxlependent contractors have to obey by. Commissioner Boydstun asked ff he would specffy ff he is going to put 1n the contract for the dancers that they have a current business license? Mr. EI-Rousan answered yes. MINUTES. ANAHEIM CITY PLANNING COMMISSION. MARCH 22. 1993 PAGE 14 Commissioner Masse stated there was testimony eadler in the day regarding noise coming li~to the chiropractor's office and that Mr. EI-Rousan saki there is no noise. Mr. EL-Rousan stated there Is a liquor store on the west skis of his unk and a chiropractor on the east skis. He stated when he was testing the sound of his music he went to the liquor store and fumed up the music to see how loud he can have k wkhout disturbance. He stated the walls were vibrating because the speakers were dose to the wall and added they were moved far way until there was no more vibration. Commissioner Masse stated he would tike a second sound buffing wall be put there. Mr. EI-Rousan stated there is a noise killer that you put on the wall and k kills the sound and the vibration. Commissioner Masse stated what he needs then is a noise specialist to treat the walls any way that is necessary to eliminate any noise or vibration gong to other unks. Mr. EI-Rousan agreed to do that before the operation starts. Commissioner Masse stated once his business opens, and the adjacent unks can still hear the noise, then that problem will have to be resdved. Mr. EI-Rousan agreed to take care of It. Commissioner Masse stated the petkioner has determined that this is a good place for this business. He has hero:: testimony today that the safety and well being of some of the tenants of this complex and surrounding buildings will be endangered. Since the owner has determined that this is a good place, can both the owner and the tenant offer the Cky of Anaheim a covenant or indemnkication relatNe to the safety of the people in the surrounding area? Selma Mann, City Attorney, stated in a previous instance where the Commission had some concerns regarding possible safety Issues to the public because of a use, they required a covenant backed by Insurance to be recorded against the property. This covenant Indemnkied the Cky of Anaheim. She stated if this is the desire of the Planning Commission, we can work wkh the applicant to get a covenant. Mr. Diamond was opposed to this requirement He stated Mc EI-Rousan does not plan to sell alcohol and asked why would he pose more danger to the communty then establishments that sell alcohd. Commissioner Masse stated the public is concerned about the type of people that may be coming to this establishment. Commissioner Caldwell stated there is a precedent that these types of establishments have Increased criminal activky. He stated these types of facilfties have more inckients of assault and battery. Mr. EI-Rousan stated the Commission has the benefk of putting him in probation to see how his business wU- Impact the community. He does not want condkions that are dHficuk to comply wkh. He already recorded a covenant and k was very dkflcuk. Commissioner Masse asked if the petkioner has agreed not to have any more signage then the one that is currently there and Mr. EI-Rousan agreed. Commissioner Masse asked what the age restriction was going to be? Mr. EI-Rousan answered k would be eighteen and over since no alcohd would be served. Commissioner Boydstun asked tf he would conskter twenty-one? Mr. EI-Rousan agreed to leave the age restricted to twenty-one and over. Commissioner Masse stated in this morning's review of the ske plan, they found that the dressing room needs to be moved. He stated the dressing room has a door right opposfte the men's room. Discussion took place regarding the interior design described in the ske plans and k was determined that the labels are wrong. The label that reads 'Men's Bathroom' should be changed to read 'Women's Bathroom' and the label that reads "Women's Bathrrx;,t• should be changed to read'Men's Bathroom.' i Investigator Gandy stated when he went to the other location in Ontario he noticed something on their door and thought k might be an advantage at this location. He stated this place will not be selling alcohd, but right next door, within twenty feet, there la a liquor store. He stated one of the condftlons in j the report is that no person can go out, get liquor and bring K back Inskie. The place In Orttario had a big sign in the front door that read 'No Re-Entry Without Paying Money.' He stated B you walk in the door, pay the fee, and than go outskle and want to come back in again, you must pay the addkional amount of money. This way people are not going to go outskJe, get their hands stamped, drink some beer, come back in, watch the ladles, go back out again and get more beer. Mr. EI-Rousan stated ha will post a sign in the hall way. He stated you will pay to get In, N you leave for any reason, you will have to pay again H you want to ga. back in. He stated there will be no re-entry wfthout en addklonal fee. Commissioner Masse asked how the Commission fek about imposing a setback from the dancing stage to the audience? Commissioner Boydstun stated Alcohdic Beverage Contrd requires six feet. Investigator Gandy stated according to the Alcohdic Beverage Contrd when there is rn:dlry or seml- nudky involved in a theater performance, asix-foot setback from the entertainer to any of the customers is required. This will eliminate any touching of the customers by the entertainers. Commissioner Masse stated the seats in the theater seem to be right against the dance stage. Mc EI-Rousan stated this stage Is the same as the one in Harvey's Bar in Anaheim. He stated they serve alcohd and have bikini dancing. Commissioner Masse asked Mr. EI-Rousan N he was going to have bikini dancing? Mr. EI-Rousan answered he was going to have topless. He stated the customer Is separated two feet from the stage. Commissioner Masse stated the State would require six feet if he would serve alcohd. He asked Mr. EI-Rousan ff he would be willing to move the tables back s[x feet? Mr. EI-Rousan stated he will not be serving alcohd and there are two other bars in Anaheim that have built their stage the same way he has his. Investigator Gandy stated those bars do not offer adult entertainment He stated they have entertainment permits for dancing girls. They do not have an adult entertainment permit. MINUTES. ANAHEIM CITY PLANNING COMMISSION. MARCH 22. 1993 PAGE 16 Mr. Diamond stated this is not a zoning land use matter. He stated they are trying to menage the Internal operation of the business. Commissioner Messe stated they are requiring this because of the concerns of the people. They are Imposing condftlons which will help the operator maintain a business in Anaheim. Commissioner Mayer stated according to "AdministratNe Procedures Regulations,' a condftional use permft is a special privilege and not a right granted by basic zoning. Mr. EI-Rousan asked to have the stage approved the way ft is right now and H thoy have any problems then he accepts to have a six-foot setback later. Comrnlssioner Messe stated he noticed women walk right by some tables when they get off the stage and go M the locker room. Mr. EI-Rousan stated they walk straight Into the locker room. When they finish dancing they put their robe back on and walk back to the locker. Commissloner Messe ~~sked if they are waitresses and Mr. E1-Aousan answered no. Commissioner Boydshji asked if they later come out and talk to the customers and Mr. EI-Rousan answered yes. Commissioner Messe stated a women from the stage going to the locker room passes by one table. Can that table be moved or :~:n an aisle way be provkled by the petitioner so she can leave wfthout physical contact? Mr. EI-Rousan stated he can provkle an aisle way wfth some rapes. He stated the main Job for the three security persons inskle is to make sure there is no physical contact between the entertainer and the customers. Greg Hastings, Zoning DNlsion Manager, stated the Commission might want to Impose a condftlon that would read: 'That a parking management plan be submitted to ensure employee parking Is directed towards an area that would least Impact other tenants.' Commissioner Messe asked what happens whon the seventy-five seats are full and there are five people at the door wafting to come in? Mr. EI-Rousan stated the five people will wok in a line at the door for people toaave. Commissioner Taft stated he has a problem with granting the parking waiver. They have had testimony from more than half a dozen people that there is a severe parking problem In this center. Commissioner Boydstun stated they also had testimony that this La going to have an effect on the adjoining land uses. She stated there was more than one person that saki they would leave ff this use was approved. INUTES. ANAHEIM CITY PLANNING COMMISSION. MA~22. 1993 PAGE 17 Selma Mann, City Attorney, stated there is an kern on today's staff report that Is dffferent from the February 22, 1992, staff report. The correct findings have been substkuted in this staff report and are found on Pages 6 and 7. The decision should be gukled on land use Issues based upon those findings that will need to be made. The desire to deny this usn would need to be based very specffically on Issues that have been raised wkh regards to this use. Commissioner Caldwell asked ff a business is moving Into an area and is going to be a detriment to businesses that already exist, does that not come under the qualifications described in Paragraph 22.035 of the staff report? Selma Mann answered yes, only ff you have specific evkience before you and you can make your decision based upon the evklence that there are going to be land use effects upon surcounding areas. Commissioner Masse stated they have heard from speakers today that the opening of this business would cause an economic impact on their business. He asked ff this was specific evklence? Selma Mann answered there is specific evkJence that has come before the Planning Commission today. It must now be related to a spociflc finding. Commissioner Masse stated the spectflc finding would be Section '.032' Selma Mann stated you are suggesting that the evklence presented today would affect the land uses and Commissioner Masse agreed and added k would also affect the growth and development of the area. Commissioner Masse stated they asked Mr. Johnson, Ms. Martin and Mr. Whaler ff this use would have an economic impact on their business and they all sakJ yes. Mr. Diamorxl stated dealing wfth the first amendment, the courts have saki that the zoning law has to be obJectNe and specific. That pdicy decision reganiing affecting neighboring land uses was made by the Cfty Council when they adopted the zoning law. The zoning law states where you can operate and where you cannot operate. The Clry Council has determined, as a law and a zoning pdicy, that this area is a place for an adult business. It is IrcelevaM to the Commission's conskJeretion that some neighboring husinesses are threatening to leave or is daiming economic harJshlp because that is what the Cky Council determined when k adopted the ordinance. They have found a place that satisfies the distance restrictions. If that argument were valkl, then one could not operate in the Cfty and you would have a total ban on adult businesses. What would prevent any business frcm coming before a planning agency and daiming economic hardship, then saying I am going to move? The courts have saki you cannot do that. This property is zoned for an adult business. Commissioner Masse corrected him in saying k is allowed wkh an approval of a condkional use permk. Mr. Diamond stated a condkional use permk cannot be discretionary. He explained you cannot argue about subJective findings, they havo to be obJectNe. He stated you can Impose condklons, but you cannot ban the business ff ft satisfies the zoning law. They satisfy the zoning law. The Commission can Impose condftions, but the Commission cannot say yc,,, cannot operate here because the other people will leave. ay virtue of the Constkutlon, and the Court's decision, the Cky has to tolerate aduk businesses in certain areas. If you do not allow an aduk business to operate where the Cky has said by fts IeglslatNe body that k can operate, then where can you operate? Commissioner Mayer stated she has in front of her, the Planning Commissioner's handbook. She MINUTES. ANAHEIM CITY PLANNING COMMISSION. MARCH 22. 1993 PAGE 18 explained k has a set of adminlstratfve procedures and k defines under special and condklonal use permks that there are five Issues the Commission should conskier In determining the approval of a condklonal use permk. It says that a condklonal use permk Is not a rlgM granted by zoning, k Is a special prFAlege. She stated the flue Issues that k outlines are traffic generation and circulation routes; use constraints such as outskie storage, dust, noise and glare; slgM use relationships to surtounding properties; surveys of attkudes of nelghbora and the relationship to polcles and goals In the adopted general plan. So far In trying to make a judgement decision, she ftnds there Is a problem wkh three out of the flue Issues from the public hearing today. She stated Mr. Diamond has saki because he has a special Interest, this Is contrary to the general rules for a condklonal use permk? Selma Man answered the general rule of thumb for a condklonal use permk Is more constrained In the adult use context because of the ftrst amendment concerns. The Cky Council has passed an ordinance wkh regards to very speckle type of guklellnes on aduk uses to nartow the amount of discretion that Is allowed. That does not mean that you do not have any discretion. What remains Is the conskieratlon on Paragraph No. 23 of the staff report. She stated '.03704' Indicates that one or more of the requirements of subsections .031 through .034 of this section are not met. She stated the finding that reads 'The granting of the condklonal use permk will not be detrimental to the peace, health, safety and general welfare of the cklzens of the Cky of Anaheim' Is determined to be too vague. There Is so much latkude that there Is a posslbllky for no aduk use ever getting approved by using that standard. She stated .031 through .034 are applicable. In order to utilize any one of those findings In denying a condklonal use pertnk, k would Head to be backed by speckle findings or specific evklence that had been presented to the Planning Commission that pertained to this use. The decision Is up to the Planning Commission. Commissioner Tak stated he is not willing to waive the Code In Ilght of the evklence that was heard today regarding the parking problem. Commissioner Caldwell stated they are proposing 36% of the required parking and this will affect the center. Commissioner Masse asked Mr. Yalda to address the parking study. Alfred Yalda, Traffic Englneedng, stated he agreed wkh the parking study and that they verified the numbers. Commissioner Tak stated the parking study Is one place of svklence and they also have evidence from several people who have worked (n the shopping center for several years. He stated he puts stronger weight on that testimony than the parking study; therefore, he cannot waive the Code requirement on parking. Greg McCafferty, Planning Department, stated the Commission also has to make the CEOA ftnding for the Negative Declaration. Part of that finding Is based on consklering public comment during the public review process. Ha stated k some of that comment relates to the potonflal for significant effect on the parking, k could be conskfered when making the Ernlronmenuil Flnding. Mr. McCafferty stated Traffic Engineering has stated on page 5 of the staff report, that when they examined the use in Stanton, k generated from .5 to .75 parking spaces per seat. He explained our Code only requires .4 spaces per seat. On examination of this study k was detennlned that our parking standards may be Inaccurate. Mr. Yalda stated when you have a mbred use you have to look at the overall picture regarding the operational hours and the dffferent uses. He stated when they looked at TJ's Theater, they dkf not make MINUTES ANAHEIM CITY PLANNING COMMISSION MARCH 22 1993 PAGE 19 a determination as to whether the parking was adequate or not, they simply kfentifled what the demand was. ACTION: Commissioner Masse Tall offered a motion, seconded by Commissioner Caldwell and MOTION CARRIED (Commissioners Tak and Mayer voting NO and Commissomer Henninger absent), that the Anaheim Cky Planning Commission has reviewed the proposal to permk a cabaret wkhin an existing sports theater wkh waiver of minimum number of parking spaces on a rectangularly shaped parcel of land consisting of approximately 1.36 acres having an approximate ftontage of 324 feet on the east side of State Cdiege Boulevard and a maximum depth of approximately 187 feet, being located approximately 200 feet south of the cenrirline of Ball Road aril further described as 1210 South State College Boulevard, Unk C; and does tereby approve the NegatNe Declaration upon finding that the declaration reflects the Independent Judgement of the lead agency and that k has considered the Negative Declaration together wkh any comments receNed during the public review process and further finding on the basis of the Inkfal Study and any comments receNed that there Is no substantial evklence that the project will have a significant effect on the ernironment. Commissioner Masse offered a motion to Approve the WaNer of Cade Requirement based on the parking study that was submkted. THE MOTION FAILED TO CARRY DUE TO THE LACK OF A SECOND. ACTION CONTINUED: Commissioner Tak offered a motion, seconded by Commissioner Caldwell and MOTION CARRIED (Commissioners Masse and Peraza voting NO and Commissioner Henninger absent) that the Anaheim Cky Planning Commission does hereby DENY waver of Code requlremera on the basis that the parking waiver will cause an Increase in traffic congestion In the immediate vlcinky and will adversely affect the adjoining land uses, and granting of the parking waiver under the condkions Imposed ff any, will be detrlmental to the peace, health, safety and general welfare of the ckizens of the Cky of Anaheim. Commissioner Mayer offered Resdutlon No. PC9330 and moved for ks passage and adoption that the Artaheim Cky Planning Commission does hereby DENY Condkional Use Pennk No. 3588, pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 18.030.030.035. Subject denial was based on finding No. 22.032. On roll call, the foregoing resclution was passed by the fdlowing vote: AYES: BOYDSTUN, CALDWELL, MAYER, TAIT NOES: MESSE, PERAZA ABSENT: HENNINGER Selma Mann, Deputy Cky Attorney, presented the written right to appeal the Planning Commission's decision wkh(n 22 days to the Cky Council. CM2177JJ.WP ~`, `r ~./ 3a. CEQA MITIGATED NEGATIVE DECLARATION I Approved 3b. ~~AIVER OF CODE REQUIREMENT Approved in Part 3c. CONDITIONAL USE PERMIT N0.3594 Granted in Part OWNER: BADALIAN ENTERPRISES, INC., Attn: Greg Badalian, 1540 S. Harbor Boulevard, Anaheim, CA 92802 LOCATION: 1520 South Harbor Boulevard. Property is approximately 1.17 acres located on the east side of Harbor Boulevard and approximately 700 feet south of the centerline of Manchester Avenue. To permft a 5-story, 121-room motel with waiver of minimum interior setbacks, required landscaping of setback areas and required landscaping of parking area. CONDITIONAL USE PERMIT RESOLUTION NO. PC93-31 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER: Greg Badalian, Badalian Enterprises, 1540 S. Harbor Blvd. The project is located at 1520 S. Harbor Blvd. John Anderson, 295 Rampart Street, Orange, CA. The Badalians have been at the site in the hotel business since 1959. He gave a brief history of the Sands Motel. They have worked with staff for over one-year and have amended the project many times in order to address the new concept standards. They feel it will be in keeping with the upgraded area. They were concerned about Condftion No. 11. Alfred Yalda, Traffic Engineering, stated they would like to add that whatever the fee is at the time the City Council adopts this (whether more or less) that will be the fee they will be charging the applicant. Chairman Henninger asked for clarification if they would pay the fee at the prevailing rate at the time when they pull their building permits and Mr. Yalda indicated that was correct. Mr. Anderson stated it is their understanding that the tee would be going to City Council In June and if they pull their permits before June, then they would be glad to pay the fee as set forth in the staff report. He understood then it would be credited and if after June the fee was adopted at the lower rate they would be reimbursed for the difference. 3.22.93 Page 15 ~~"'<. ~ Mr. Yalda explained that is correct. They will refund the fee k k is lower and k k is higher they should pay the dffference. Mr. Badallan stated the fee appeared to be quke excessive at $1400 per unit. Chairman Henninger stated the fees adopted by the Cky will have backup and are required to have reasonable justification and he was sure this fee would have that. THE PUBLIC HEARING WAS CLOSED. Greg McCafferty stated there were some Issues that were raised this morning about noise Impacts during grading and construction and he was wondering ff the Commission wanted to restrict the hours of grading and construction further then that restricted by the Building Code now. The Code is currently 7:OOa.m. to 7:OOp.m. Monday through Sunday. After further discussion took place, k was determined that the hours of operation would be B:OOa.m. to 6:OOp.m. Monday through Saturday (6 days only). Mr. McCafferty stated he would like to make some changes to the conditions of approval as follows: 1. Page 7, Condtion No. 1 should be deleted. 2. Page 8, Condition No. 11 should be deleted because k is already a mitigation measure already. 3. Page 9, Condition No. 16 should be reworded as follows: "That the developer shall be responsible for compliance with all mitigation measures within assigned time frames and any direct costs associated with the attached Mitigating Monitoring Plan No. 0066 as established by the City of Anaheim and as required by Section 210816 of the Public Resources Code to Insure Implementation of these identified Mitigation Measures." 4. He referenced to the last Mitigation Measure in the plan wkh regard to sewer Impacts. He stated Public Works-Engineering wants to add the following language: That the said contribution shall be subject to the adjustment by the Public Works- EngineeringDepartment inaccordance with the Engineering used record construction cost index for the Los Angeles area. Commissioner Mayer asked that in addition to Condition No. 18, she would like additional language stating that the trees be maintained and specifically pruned by a licensed arborlst. ACTION CONTINUED ON NEXT PAGE ~./ 3.22-93 Page 16 j ~, "'T,, ~ ACTION: CEOA Mitigated Negative Declaration -Approved Waiver of Code Requirement -Approved in Part (Waiver C was deleted) Condftlonal Use Permft No. 3594 -Granted (Sub)ect to conditions as stated on the previous page) VOTE: 7-0 l - 3-22-93 Page 17 AGENT: ALLEN D. ORNSTEIN, 5295 Cameron DrNe, #408, Buena Park, CA 90621 LOCATION: 314 North Beach Boulevard. Property is approximately 0.62 acre located on the east side of Beach Boulevard and approximately 1,050 feet north of the centerline of Lincoln Avenue. To permit the on-premise sale and consumption of alcoholic beverages in conJunctlon wrih a restaurant and billiard center. CONDITIONAL USE PERMIT RESOLUTION N0. PC93-32 4a. CEQA NEGATIVE DECLAR4TION Approved 4b. CONDITIONAL USE PERMIT NO.3593 Granted OWNER: YUK TING IAU, 8922 Ernest Folsom Drive, Garden Grove, CA 92641 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. Chairman Henninger left the chambers and passed the gavel to Commissioner Peraza, Chairman Pro Tempore. OPPOSITION: None PETITIONER: Allen Ornstein, Yuk Ting Lau, 314 N. Beach Blvd., Anaheim, California, hereinafter referred to as the Electric Circuits. He explained they plan to implement 15 pool tables in a currently ongoing restaurant and bar. He stated he was in agreement with all of the conditions. THE PUBLIC HEARING WAS CLOSED. Commissioner Messe asked for clariffcation if there was any age limit and did they serve beer and ' wine? Mr. Ornstein explained they currently have a full alcohol license. ~ Commissloner Messe asked ff there was a restriction on age in the pool hall and the dining room? Mc Ornstein explained they determined with Officer Gandy that they would try to separate half of I ,4 the area for pool with no alcohol, and the other half 21 years and older, Commissloner Messe asked ff the age separation was in the conditions? Greg Hastings, Zoning Division Manager, explained if there is any age restrictions other then that imposed by ABC, ri would come under the adult entertainment. 3-22-93 Page 18 ;~ ,~ Y n Commissioner Messe clarified that the applicant stated there will be an age restriction in the pool area. Mr. Ornstein explained they would like to keep under aged individuals out of certain parts of the establishment. Mr. Hastings explained if that is Imposed other than by ABC, ft does become "Adult Entertainment.' He added they spoke wfth the applicant about this. Commissioner Messe stated this is something that could be self Imposed and the Commission will not impose ft today. Mr. Hastings further explained if it Is imposed by the applicant, then it becomes "Adult Entertainment." Mr. Ornstein stated ff there is no age restriction, they would just like (far everyone's benefit) to try and separate within the building an area where there is drinking and no drinking if that is possible. Investigator Tim Gandy, Vice Detail, stated he discussed with Mr. Ornstein earlier (and also Alcoholic beverage Control) that in the past they have had certain bus(nesses that have not been set up where it is conducNe to have minors throughout the business and ABC has asked that certain areas be posted by the owners with an age restriction because of a bar area or problems with minors trying to buy alcohol in certain areas. He spoke with Mr. Ornstein about this and with ABC and that is something they could recommend. He asked if ABC does restrict this, would they be in violation of the CUP because the CUP states there shall be no age restrictions? Mr. Hastings stated ff ABC is going to restrict it, then It will not be classified as "Adult Entertainment." He explained typically the Commission leaves ft up to ABC. Commissionor Messe agreed. Commissioner Messe asked the applicant ff he was going to redo the asphalt and the applicant indicated ho was. The petftioner added all of the conditions were extremely reasonable. Commissioner Messe asked if they were planning on doing anything with the building and Mr. Orstein stated aesthetically, yes. They will clean the building up. Commissioner Mayer stated she would like to add to Condition No. 16 that the trees be maintained by a licensed arborist for pruning purposes. Mr. Ornstein stated there was no problem with that. ACTION CONTINUED TO NEXT PAGE 3-22.93 Page 19 4..~ ~ ACTION: CEQA Negative Declaration -Approved Conditional Use Permit No. 3593 -Granted Added condftlon: That the trees shall be maintained and pruned by a licensed arborist. (Note: Per Condition No. 15, this CUP is to be reviewed in one-year). VOTE: 6.0 (Chairman Henninger absent) i 3-22-?3 Page 20 r 5a. CEOA NEGATIVE DECLARATION I Approved 5b. WAIVER OF CODE REOUIREMENT Approved 5c. CONDITIONAL USE PERMIT N0.3596 Granted OWNER: STEPHEN L TREFZGER, 14 Siskin Lane, Sunriver, Oregon AGENT: DAVID JACKSON, 1557 West Mable Street, Anaheim, CA 92802 LOCATION: 1565 West Mable Street. Property is approximately 0.64 acre located on the north side of Mable Street and approximately 418 feet east of the centerline of Loam Street. To expand an existing private educational institution with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. PC93-33 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER: David Jackson, Fairmont Private Schools. He referenced Condition No. 6 and wanted to add language similar to the following: "No other traffic signal related fees should be demanded." He `! explained the fee is based on the entire project which Includes all the way through ultimate build- out. He further explained the overall project is a 3 year project and they will be coming back with another CUP to add the rest of the students. This is for the first phase of the project and overall they are planning on expanding all the way through high school. He clarified this is just for the ninth grade. He explained the traffic study was done for the entire project which Includes up to 465 students through the twelfth grade. Mr. Yalda stated the fee is based on the entire 465 students. Mr. Jackson referenced Condition No.14 on page 7 and asked for clarification as to what it meant. Mr. Yalda added the following condition: 'That prior to issuance of a building permit, a parking management program shall be submitted to the City and Traffic Transportation Manager for his review and approval indicating the method of utilizing all parking for the Fairmont Private School. The method shall be in place prior to Issuance of the building permit. In the event that future parking problems occur, the City Traffic and Transportation Manager may require the owner of subject property, at no cost to the City, to submft a parking study report Identifying solutions to said problems. Said solutions shall be Implemented, at no coca to the City, within a time period specified by the City Traffic and Transportation Manager.' 0,.~ 3-22.93 Page 21 ~~ j. {. !i. (,.~ THE PUBLIC HEARING WAS CLOSED. Commissioner Messe stated the parking and traffic study was based on the final appearance of Fairmont and yet what they are being asked to approve today is just a portion of that. The parking lot looks a little small to him and he has no feeling from reading this parking study that ft is going to be adequate for the Phase I development. Commissioner Boydstun stated ninth graders are not old enough to drive anyway; therefore, this phase they will not have a parking problem. Mr. Yalda stated that Is correct, but in case they do have a parking problem they placed this condition on the CUP. Mr. Jackson stated they are in the final stages of negotiation with the railroad over t:~is Issue. The railroad has agreed to terms that are higher then they wanted and they are still negotiating. They have been told they can purchase the property and they will. Commissicner Messe asked for clarification if they are going to lease a small portion for Phase I from the present occupant, and that they are in negotiations to buy the one strip of land? Mr. Jackson indicated that was correct. Commissioner Messe asked if he understood that the CUP is contingent upon getting the lease for Phase I? Greg Hastings stated he has some clarifications on conditions: .- _ 1. Condition No. 7: Remove wording "prior to Issuance of a building permit or within 90 days" since that is timed under Condition No. 21 automatically. 2. Condtion No. 14: Remove the wording "within 90 days or prior tc the issuance of a building permit, whichever occurs first" 3. Condition No. 15: Should read as follows: That an unsubordinated access and parking agreement with property to the northeast (the parking area showed on Exhibit 1) in a form satisfactory to the Ciry Attorney shall be recorded with the office of the Orange County Records. A copy o' the recorded a,reement shall be submitted to the Zoning D(vision. 4. Condition No. 18: Deleted (was inadvertently added).. 5. Condtion No. 21: Femove Condition Nos. 3 and 8, and place those Into Condition No. 22.. 6. Condition No. 22: Add no. 20. 7. That prior to Issuance of a building permit, a Parking Management Program shall be submitted to the City Traffic and Transportation Manager for his review and approval indicating the method of utilizing all parking for the Fairmont Private School. The method shall be in place prior to issuance of the building permit. In the event that future parking 3-22-93 Page 22 1 ~e ii 3 problems occur, the Ciry Traffic and Transportation Manager may require the owner or (~ subJect property, at no cost to the Ciry, to submft a parking study report identifying solutions to said problems. Said solutions shall be Implemented, at no cost to the City, within a time period specified by the Ciry Traffic and Transportation Manager. Commissioner Mayer referenced Condition No. 19: 'That the trees be maintained and pruned by a licensed arborist." Mr. Jackson explained they have quite a maintenance staff that does that and they have been known far the care they have taken of the property and the upgrading of the entire area. He explained he did not know that any of them are licensed. His maintenance department would be offended ff they could not do it any longer because they did not have license. Commissioner Mayer stated she has driven by and it is well maintained, however, she is concerned with what is Happening regionally to major trees it an economic climate where people are looking for a bargain pruning Job. She explained they are starting to lose major significant trees throughout their communities that are on private properties and her concern is to not have beautiful mature specimen trees damaged. Further dialogue took place regarding the trees and it was determined that they would not add the condition regarding a licensed arborist. Discussion took place regarding the number of anticipated students. ACTION: CEOA Negative Declaration -Approved WaNer of Code Requirement -Approved ~• Conditional Use Permit ~ Jo. 3596 -Granted ' (With added condit!ons as specified above). VOTE: 6-0 (Chairman Henninger at+sent) l./ 3-22-93 Page 23 'L 6a. CEQA NEGATIVE DECLARATION Approved 6b. WAIVER OF CODE REQUIREMENT Approved 6c. CONDITIONAL USE PERMIT NO. 3595 Granted OWNER: SWEDE CAL PROPERTIES, INC., A CALIFORNIA CORPORATION, 27141 Aliso Creek Rcad, #200, Alfso VieJo, CA 92656 AGENT: DR. DAVE LAGORE, P.O. BOX 18085, Anaheim, CA 92817 LOCATION: 5109 East La Palma Avenue. Property is approximately 9.33 acres located at the northeast corner of La Palma Avenue and Kellogg Drive. To permit a 5,143-square foot church in an existing industrial-related office complex with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC93-34 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: One PETITIONER: Dave LaGore, 5109 E. La Palma Avenue, Anaheim, CA. He represents New Life Sound Mind, Inc. He has read the conditions and agrees with them. OPPOSITION'S CONCERNS: This person did not spell his name for the record. P.O. Box 18869, Anaheim, CA. He stated They are the owners of the property adjacent to the proposed location of tho church. They are opposed to the planned change. Their properties Ile to the northeast and northwest of the proposed area. '':~ey have an Industrial park to the northeast which includes approximately 20 buildings and approximately 100,000 square feet. He added this CUP is detrimental to their business. Their tenants have voiced their opposition to this use because of the nature of the business. Based on their calculations there is also concern about a spill over effect from the parking lot into the street. There is a liability problem because their industrial park receives quite a bit of merchandise and there is quite a bit of traffic on off hours and on weekends. REBUTTAL: Mr. La Gore explained they are tra;ning adults for overseas missionary work. They have strict supervision of children and parking is not a problem far them and traffic is minimal. They only have about 75 to 100 people. He added they use very II!tle parking on Wednesday and Sunday. 3-22-93 Page 24 THE PUBLIC HEARING WAS CLOSED. Commissioner Messe agrees that on weekends the parking lot Is empty and he has no problem with it. ACTION: CEOA Negative Declaration -Approved Waiver of Code Requirement -Approved Conditional Use Permit NO.3595 -Granted VOTE: 6-0 (Commissioner Henninger absent) l . ~; 3-22-93 Page 25 ,~ 7a. CEOA NEGATIVE DECLARATION I Approved 7b. CONDITIONAL USE PERMIT N0.3597 Granted OWNER: JAMES MOCK, INC., Attn: Craig Mock, 4308 E. La Palma Ave., Anaheim, CA 92807 LOCATION: 1160 North Fee Ana Street. Property is approximately 2.13 acres located on the east side of Fee Ana Street and approximately 240 feet south of the centerline of La Palma Avenue. To permit an 11,000-square foot Indoor truck wash facility including m(nor truck maintenance. CONDITIONAL USE PERMIT RESOLUTION NO. PC93.35 FOLLOWING IS A SUMMARY OF TI1E PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER: Craig Mock, 4308 E. La Palma Avenue, Anaheim, CA. This is a family owned concrete business. They have been able to down size and move to the buildings next door that they also own. They ~• do not need the large yard anymore; therefore, they have a tentative lease with a firm out of - Chicago that is going to be sterilizing the inside of food gram tanker trucks. He gave a brief explanation on tf~e sterilization procoss. THE PUBLIC HEARING WAS CLOSED. The Commission voiced their concerns about any eutside maintenance on trucks; waste water and obtaining sewer permits. ACTION: CEQA Negative Declaration -Approved Conditional Use Permit No. 3597 -Granted VOTE: 6.0 (Chairman Henninger absent) .~* ~v/ 3-22-93 Page 26 :s~ ;~ t^ Approved Approved for 6 months (to expire 9/22/93) LOCATION: _1874 South Anaheim Boulevard (Sunwest Metals). Property Is approximately 1.01 acres located on the northeast side of Anaheim Boulevard and approximately 690 feet northwest of the centerline of Paciflco Avenue. Amendment to condftlons of approval pertaining to Iimkatlon of time for a previouslyapproved recycling center. CONDITIONAL USE PERMIT RESOLUTION NO. PC93-36 8a. CEQA NEGATIVE DECLARATION (Previously Approved) 8b. CONDITIONAL USE PERMIT N0.2160 (Readvertised) OWNER: MR. and MRS. RALPH ALEXANDER, 1874 S. Anahelm Bouievard, Anahelm, CA AGENT: FARANO & KIEVIET ATTORNEYS AT LAW, 2100 S. State College Boulevard, Anaheim, CA 92806 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None 1^ PETITIONER: Floyd Farano, 2100 S. State College Blvd., Anaheim, CA. They are representing Sunwest Metals and fire Alexanders in the request for an extension. He submitted some photographs to the Planning Commission. He explained the property is currently being used as a recyling yard. The property is owned by the Alexanders and is presently being examined and processed by Caltrans for the widening of the freeway. Their lease expires in April of 1996 and after that there will be no more lease and the operation will be removed. He explained the photos. He stated the parking leas not changed and it Is riyht where it always was. He did not see any deterioration of the asphalt and parking lot. There is a driveway immediately to the north of the property that is being used by Sunwest Metals and he was not sure ff ft was part of the property or not as it was not a part of the CUP application; therefore, they do not think there should be any responsibility on their part for that. One of the reports stated that the bailer is not easily accessible and that there were mounds of cardboard and trash surrounding it. He explained at the time this inspection was made, the bailer was down and a mound of cardboard was around the bailer r•nd the cardboard mounds prevented access to it. 3-2: 93 Page 27 He stated since approximately February 17,1993, they no longer take any toxic materials including batteries. Landscaping is minimal and consists of overgrown vegetation. They have a landscaping and gardening service that comes once a week. They will talk to the gardener as the landscaping does not look good. THE PUBLIC HEARING WAS CLOSED. Bruce Freeman, Code Enforcement. He stated the staff report dated February 17th outlined the violations on the property. Substantial compliance has been noted on the property since the photographs were taken and as late as this morning he made an Inspection of the property. He explained the driveway on the north side of the property is not part of the operation, but it is being used b~ clients and/or employees of the establishment. The landscaping has been trimmed back and there are no tall weeds. Ail indoor storage is below the fence line. During his inspection there were no cars backed up Into the street, however, over the past week, it is a dally occurrence where that does happen. They have been involved with Sunwest Motels since 1984 and since that time through 1990, they have had 7 separate complaints about the property and all of those complaints revert back to storage about the fence, poor landscaping, outdoor storage In the parking area and deteriorated parking areas. Commissioner Caldwell asked if there has not been violations of the conditions and Mr. Freeman indicated that was correct. ~ Commissioner Caldwell stated that is the problem, i.e., they have asked for these things before and ~ - it is minimal. The Commission has asked for them to keep the property somewhat sightly. He voiced his concerns about approving this CUP with the history of violations they have had. Mr. Farano stated he understood that. He stated since 1987, no complaints have besn brought to their attention. If there have been some problems and they are doing something wrong, then they would like to know about it. Commissioner Messe stated 3 years ago they gave an extension for 3 years and at that time there was a great deal of discussion about the inadequacies of this business regarding housekeeping and trash in front of the fence, etc. It seems as though every 3 years they have to get it back Into compliance. Commissioner Mayer stated she drives by that way all of the lima and it seems that the compliance with the CUP should be ail of the time, not just when there is a compliant. Commissioner Messe stated he would go with a e month extension with bi-monthly inspections by Code Enforcement at the owner's expense. Mr. Freeman stated they could inspect the property bi-monthly and submit a letter to the owner stating that he is in compliance at the owner's expense. 3-22.93 Page 28 Commissloner Boydstun stated there is a problem with th9 driveway on the north side. She suggested that ft could be hea~rii; yraveled. Mr. Farano stated that is not their driveway; however, they could put barriers up. Mr. Freeman suggested they stick iron poles in the ground with a chain between the poles. Commissioner Messe explained that the concrete monuments move when they are hit. Raiph Aiexander, 1904 S. Anaheim Blvd., Anaheim, CA. He explained that the driveway is a 20' section and they use it to enter and exit: He explained that the rains have caused the gravel to shift and holes to occur. They have placed gravel in the large hole and asphalt on top of ff, so the big hole is not there. They could add more asphalt and more gravel to make ff smooth. He would certainly object to a fence because there are too many cars that back into the area. They went to the City to try and get the curbs remcved at their expense and the City said they did not need It. He stated ff the City would give him a permit, he would gladly take it out of there and make it Into a normal driveway. (fhe northern most driveway). It is property he owns. Alfred Yalda stated they could come to Traffic Englneerfng to redo the driveway and pull a permit from the Englneerfng Department. Mr. Freeman stated if the driveway on the north side is going to be used, they would ask that it be Improved with asphalt or cement rather then crushed gravel. Commissloner Messe ciarifled that it should be leveled, graded and blacktopped. Mr. Aiexander stated it was possible. Sylvia Aiexander, 1904 S. Anaheim Blvd., Anahelm, CA, voiced her concerns about spending money when Caitrans was going to take it over. Further discussion took place regarding a barrier. Mr. Farano made the point that this is not a part of the application here today. Mr. Alexander stated if they do asphalt the driveway, then it would eliminate the problem. Mr. Alexander stated he would object to an inspection bimonthly. He felt 6 months was adequate. Commissloner Peraza stated the problems have been occurring on a regular basis and this is why they are having the Inspections. Commissloner Mayer asked for clarification as to the distance that the driveway is to be asphalted? Mr. Freeman stated his recommendation is from the site screened covered fence forward to the cement berm along the City right-of-way and nothing beyond the fence. ACTION CONT1NlfED ON NEXT PAGE 3-22-93 ~ Page 29 k i~ t ~~'. `z i ACTION: CEQA Negative Declaration (Prev. Approved) -Approved Condftlonal Use Permit No. 2160 (Read.) -Approved for 6 months (To expire 9-22-93) Add the Following conditions: 1. That at the end of the six month period (9.22-93) this hem shall come back to the Planning Commission as a public hearing. 2. That Code Enforcement Staff shall conduct bi-monthly inspections for the s(x month period and that the petitioner shall be responsible for paying the cost of each inspection in accordance with the foes in effect at the time the inspections are made. 3. That either (a) a barrier preventing access between the driveway to the north and subject property or (b) asphalt covering for the north drveway access, shall be provided to the satisfaction of the City Traffic and Transportation Manager. VOTE: 6-0 (Chairman Henninger absent) ::~: 3-22.93 ~ Page 30 ~~. 9a. ~EQA NEGATIVE DECLARATI.ON (Previously Approved) Approved 9b. CONDITIONAL USE PERMIT N0.3058 (Readvertised) Approved OWNER: LINCOLN CMA, A CALIFORNIA LIMITED PARTNERSHIP, 3573 Enterprise Drive, Anaheim, CA 92807 AGENT: KIPS SCHOOL OF GYMNASTICS INC., Attn: Dennis Mallly, 4511 Eisenhower Circle, Anaheim, CA 92807 LOCATION: 4511 Eisenhower Circle. Property Is approximately .67 acre located on the north side of Eisenhower Circle and located approximately 200 feet east of the centerline of Lakeview Avenue. Modification or deletion of conditions of approval pertaining to limitation of time for a prevfouslyapproved gymnastic training center. CONDITIONAL USE PERMIT RESOLUTION NO. PC93-37 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER: ~' Dennis Mailly, 4511 Eisenhower Circle, Anaheim, CA. They are requesting to eliminate the time - restriction that was originally placed on the CUP. They have been there fo. P-?!~ years. They have had no problems with infractions or Code Enforcement. THE PUBLIC HEARING WAS CLOSED. There was no discussion. ACTION: CEQA Negative Declaration (Prev. Approved) -Approved Conditional Use Permit No. 3058 (Read.) -Granted Delete Condition No. 9 of Resolution No. PC88-257 VOTE: 6.0 (Chairman Henninger absent) \,ej 3-22-93 Page 31 a ,~t ?:. 10. REPORTS AND RECOMMENDATIONS A. CONDITIONAL USE PERMIT N0. 2649 - REQUEST FOR Approved TERMINATION: Request for termination of Condftional Use Permk No. 2649 (to permft on-sale alcoholic beverages in a restaurant) Property Is located at 518 South Brookhurst Street, Unit 7. Continued from the February 22, 1993 Planning Commission meeting. TERMINATION RESOLUTION N0. PC93-36 VOTE: 7-0 B. RESOLUTION INITIATING THE DISNEYLAND RESORT SPECIFIC Approved PLAN N0. 92-1 AND GENERAL PLAN AMENDMENT N0. 331 (Resolution required) RESOLUTION N0. PC93-39 PETITIONER: Doug Moreland, Disney Development Company, 313 Harbor Bivd., Anaheim, CA. They are `.r " requesting the initiat(on of the Disneyland Resort Specific Plan and the General Plan Amendments associated with the Specific Plan. Letters have been submitted explaining the request. The request is for approximately 200 acres that are not owned by Disneyland, but are within the Specific Plan boundaries. DISCUSSION: Selma Mann, Deputy Ciry Attorney, stated this item is before the Planning Commission pursuant to Section 18.03.060 of the Ciry Code. Applications for General Plan Amendments and for reclassifications of property maybe Initiated by either verified application of one or more of the owners of the property, the agent for the owners or by resolution of intention of the City Council or the Planning Commission. For the portions of the property that are not owned by the Disney Company, it is appropriate for the Planning Commission to Initiate this similar to a matter that has been done in the past. Chairman Henninger asked what other areas have they done this in? He stated he has seen this happen many times in the past and asked if this was a normal procedure? Ms. Mann stated :here are areas around downtown where property owners are interested in having down zoning of certain residential areas. Some of the property was owned by the people who were Interested in haviny that take place and other property owners were not. She explained it was the Planning Commission that initiated the zoning efforts on behalf of the Ciry. 3.22.93 Page 32 ii Z [J Chaiman Henninger asked N there was anyone present in the audience that wanted to be heard on this Issue? No one indicated their presence. Commissioner Messe referenced Section 2 of the resolution where the City reserves the right to approve or deny the GPA and Specific Pian. He asked if that included any changes they deemed necessaryt Ms. Mann responded that was correct and indicated they could add that language. Commissioner Messe indicated he would like the language added to the resolution. ACTION: The Resolution passed with 7 yes votes. C. CONDITIONAL USE PERMIT NO 3556 -REQUEST FOR A NUNC Approved PRO TUNC RESOLUTION TO CORRECT THE LEGAL DESCRIPTION CONTAINED IN RESOLUTION NO. PC 92-124: Planning Commission Secretary requests a nunc pro tunc resolution to corcect the legal description in Its entirety contained in Resolution No. PC 92-124 adopted in conjunction with the approval of Condftional Use Permit No. 3556. NUNC PRO TUNC RESOLUTION N0. PC93.40 .- VOTE: 6.0 (Commissioner Tait declared a conflict of Interest) D. RECLASSIFICATION NO 92-93-09 - REOUEST FOR NUNC PRO Approved TUNC RESOLUTION TO CORRECT THE LEGAL DESCRIPTION CONTAINED IN RESOLUTION NO.. PC 92-123: Planning Commission Secretary requests a nunc pro tunc resolution to correct the legal description in Its entirety contained in Resolution No. PC92-123 adopted in conjunction with the approval of Reclassification No. 92.93-03. NUNC PRO TUNC RESOLUTION N0. PC93-41 VOTE: 6-0 (Commissioner Tait declared a conflict ~f Interest) ~J 3-22.93 Page 33 v ) ~.~ I"'` E. REQUEST FOR DETERMINATION OF SUBSTANTIAL Denied CONFORMANCE WITH THE SUMMIT OF ANAHEIM HILLS SPECIFIC PLAN (SP88-21. DESIGN GUIDELINES FOR MULTIPLE-VEHICLE CARPORTS FOR TRACT 14072 (SUMMIT COURT; Property fs located at the southwest corner of Oak Canyon Drive and 1Neir Canyon Road in The Summft of Anaheim Hills SpecHic Plan (SP88-2). VOTE: 6.0 (Chairman Henninger absent) PETITIONER:: r9on Freeman, Vlce president of Operations for the Baldwin Company,16811 Hale Avenue, Irvine, CA. Hs is here at the request of the Planning Commisslon to discuss compliance of carport construction in amulti-family project they have in the Summit of Anaheim Hills project. He addressed a letter to the Commisslon expressing their concern obout being before the Commission because they do not believe that the Specffic Plan ~:~Ideline~ for the Summit of Anaheim Hills are in violation in any manner and they find the information presented to them by Planning staff so vague as to be non applicable and also to express their opinions regarcJing the type of construction that they have had permitteJ and put in place on a variety of phases to date. He gave some details concerning the construction of these carports. DISCUSSION: Greg Hastings, Zoning Division Manager, referenced the staff report and stated the staff report outlines some of the quotes from the Design Guidelines pertaining to this situation. He read excerpts from the staff report. Mr. Freeman stated he took pictures of the adjacent Woodcrest Apartment site which clearly has a Flat roof for some of their enclosed garages and that roof material is paper and rock which is a 1950's style of construction and that is not consistent architecturally with the file roofing they have for the structures. Because of the slope existence between their project and Weir Canyon, there is a significant elevation differential. The roadway will eventually be screened from direct v(ew into the project by tho continuing growU ~ and landscaping and trees upon the existing slope. They have built a number of these facilftles already and they would be reluctant to change the construction in the midst of the ongoing project because that breaks up the aesthetics of the project much more then the continued existence of the construction that they have. The contractor who constructed the flat roof system mentioned to him that he has built the exact carport construction in a Redevelopment area In a Joint venture wfth Karl Karcher, Enterprises. Commissioner Messe stated there is a lot of difference between the canyon area and the flatlands. Commissioner Caldwell stated the Intent of the Scenic Oveday is to make everytFdng compatible and these carports are not compatible and were built primarily for their lack of expense. There also appears that a mistake has been made that let these things go by without having caught them before. They would like to see these carports built with compatible materials. 3-22-93 I Page 34 ~ 3 C The petitioner alluded to the Woodcrest Apartments regarding the roofing on ttie garages. Commissioner Masse stated their concern is not with the intedor of their project, but merely the Scenic Corridor road of Wefr Canyon and what their development appears to be from Weir Canyon Road. Discussion took place regarding th:~ visibility of planned structures from Weir Canyon Road. Mr. Freeman asked far clarification ff they were to come back and report to the Commission as to what they would do in the future or is the Commission willing to make some recommendation for staff Interpretatlon4 They have soma permfts for carports that they would like to have issued currently and they have agread with staff to delay any construction until this decision is finalized by the City. Commissioner Caldwell stated he would like to give them the opportunity to reviewthis with their own staff. Commissioner Masse stated their staff understands what they want, so they do not have to seo the applicant again. Mr. Freeman stated they could be back in 30 days to discuss ff with them. Commissioner Caldwell stated it is not necessary to come back ff they agree to make the necessary changes to the carports. Co,~;missloner Masse asked ff there was a way they could soften the carports that have already been .- constructed such as a few mature trees? 1 Mr. Freeman stated they could take a look at that as welt. ACTION: Petitioner's request that the Planning Commission review and determine that the proposed multiple- vehicle carports are in compliance with the Design Guidelines for the Summit of Anaheim Hills Specific Pian (SP88-2) was DENIED. Commissioner Caldwell offered a motion, seconded by Commissioner Tait and MOTION CARRIED, that the Anahelm City Planning Commission does hereby find the following: That the existing carports shall be screened heavily with trees from Wefr Canyon Road; that the non-existing carports (carports petitioner is currently asking for a permit on) and any future carports in this complex be designed In such a way as to be compatible with the existing living units, I.e., some type of file roofing or that subject carports are hidden from view from Weir Canyon Road. ~„d 3.22-93 II Page 35 i i ~,S f^ F. PROPOSED CODE AMENDMENT PERTAINING TO SIGNAGE IN Approved RESIDENTIAL ZONES VOTE: 4-2 (Commissioners Caldwell and Mays. N0; Chairman Henninger absent) PETITIONER: Sanford Simmons, 3252 HIII Rose Drive, Los Alamitos, CA. He stated he forwarded a memo to the Commisson and referenced the last page regarding the old ordinance on signage. His voiced his concerns regarding the Sign Ordinance. !N FAVOR: Dadene Covington, 222 Muller. She fully concurs with Mr. Simmons. Newer apartments are able to have larger banners and flags. She stated they are all suffering the same vacancy factors, so all of them should have the same benefits of advertising. She would like to see the new proposal by the petitioner be taken Into consideration. DISCUSSION: Commissioner Caldwell stated he does not want more signage In his neighbonc~.od; and he does not want to be Inundated with more signs. He stated he does not wimt to see neighborhoods Inundated by high density rental housing and he would be extreme) w apposed to this. Commissioner Messe suggested ff someone had a frontage of 300 or 4P0 fe:;t, perhaps there should be additional signage allowed. Cummissioner Caldwell disagreed. He felt ft was unfair to blight the neighborhood wfth signage. They have seen a rapid decline in the single family neighborhoods and an increase in rental housing. l:ommissloner Boydstun stated Section 1A.05.071 does spell out what you can do with different sizes of property. She stated she thought that was fair. She explained when you have large acreage or street frontage, they should be able to market ft wfth more then 10 square feet. Greg Hastings, Zoning Division Manager, stated they do have, as an attachment, a survey they did at the other cities and he did have a summary at the last hearing. He stated the rental/leasing signs were not as restricted, but they are more restrictive with the identification signs. Mr. Simmons would like tha' the rental/leasing signs be less restrictive. Currently the Code does not allow any signage to encroach into any setback areas, so they would have to have the identffication signs plus the rental signs on the wall of their building or setback 15 or 20 feet, whstever the case may be. '~.J 3.22-93 ~I Page 36 ~< s i4 Staff proposes that they do allow encroachments up to 7 teat. They are also putting in a new (~ provision that would allow signage on etther side of a driveway. Therefore, they are becoming less restrictive wtth identification signage, but they are maintaining their restrictiveness for rental signs wkh the exception that they do allow 3 signs per parcel regardless of how many street frontages they have provided they do not exceed 10 feet as an aggregate altogether. The change is that they could have one sign per street front. Further discussion took place between the petttioner, staff and the Commission. ACTION: CommissionerTaitoffered amotion, seconded by Commiss(oner Messe and MOTION CARRIED that the Anaheim City Planning Commission recommends to City Council the adoption of the draft ordinance, including any changes that the Commission may find appropriate. VOTE: 4-2 (Commissioners Caldwell and Mayer voting NO) .-. l `M t,% 3-22-93 Page 37 3. '69 ,_ G. CONDITIONAL USE PERMIT N0.3529 - TO PERMIT A SPORTS Determined that a THEATER WITH WAIVER OF MINIMUM NUMBER OF PARKING Nunc Pro Tunc PA E :Request for Planning Commission interpretation of uses and should be standards permitted In conjunction with Conditional Use Permft No. 3529. processed Property Is located at 1210 S. State College Bivd, (Unft "C"). RESOLUTION N0. PC93-42 VOTE: 5-0 (Commissioner Taft abstained, Chairman H. CONDITIONAL USE PERMIT N0. X400 - TO PERMIT A COMMERCIAL Determined the RETAIL CENTER (INDOOR SWAPMEETI: Substantial conformance uses were In request for uses In conjunction wfth Conditional Use Permit No. 3400 fora substantial commercial retail center (Indoor swapmeet). Property is located at conformance wfth 1440 South Anaheim Boulevard. CUP No. 3400 VOTE: 7-0 ADJOURNMENT: THE MEETING ADJOURNED AT 6:55P.M. k «, Zuo~ 3-22-93 Page 38 9