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Minutes-PC 1993/06/14.-. ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION Q MONDAY, JUNE 14, 1993, AT 10:00 A.M. PRELIMINARY PLAN REVIEW PUBLIC HEARING (PUBLIC TESTIMONY) 11:30 A.M. 1:30 P.M. 1G:00 - 11:30 WORKSHOP REGARDING THE COMMUNITY DEVELOPMENT DEPARTMENTSRESIDENTIALNEIGHBORHOOD PRESERVATION PROGR4M COMMISSIONERS PRESENT: BOYDSTUN, CALDWELL, HENNINGER, MAYER, MESSE, PERAZA, TAIT PROCEDURE TO EXPEDITE PIANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested will have five minutes to present their evidence. Additional time will be granted upon request ff, in the opinion of the Commission, such addlional 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 addllonal time is requested and the complexly of the matter warrants. The Commission's considerations are not determined by the length of time a participant speaks, but rather by what Is said. 3. Staff Raports are part of the evidence deemed receNed by the Commission in each hearing. Copies are available to the public prior to the meeting. 4. The Commission will wlhhold 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 concerned will be served. 6. All documents presented to the Planning Commission for review in connection wlh 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 scf~eduled hearings, members of the public will be allowed to speak on hems of Interest which are within the jurisdiction of the :Tanning Commission, and/or agenda hems. Each speaker will be allotted a maximum of five (5) minutes to speak. 061493JJ.WP l CEQA NEGATIVE DECLARATION Approved RECLASSIFICATION N0. 92-93-08 Granted CONDITIONAL USE PERMIT N0. 3803 Granted for 2 years (to OWNER: PIERCE CRANSTOUN OMMANNEY, MARY FIFIELD expire 6/14/95) OMMANNEY, 1019 W. La Palma Avenue, Anaheim, CA 92801 AGENT: DENNY MUTH, 373 N. Center Street, Orange, CA 92666 LOCATION: 1019 WEST LA PALMA AVENUE. Property is approximately 0.56 acre located at the northwest comer of la Palma Avenue and Leisure Court. To reclassify subject property from the RS-A-43,000 (Residential/Agricultural) and CL (Commercial, Limfted) Zones to the CO (Commercial Office and Professional) Zone. To permit a 2,548-square foot, 24-hour, residential recovery home within an existing office building and fn conjunction with a previously approved remedial educational/ vocational facility. Continued from the May 17, 1993 and June 2, 1993 Planning Commission meetings. 1 RECLASSIFICATION RESOLUTION NO. PC93.66 CONDITIONAL USE PERMIT RESOLUTION N0. PC93.67 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 8 PETITIONER'S COMMENTS: Dr. Mary Ommanney, 1019 W. La Palma Avenue, Anaheim, CA. She gave a brief history regarding her project, (the Psychological Guidance Center) which was continued from the May 17, and June 2, 1993 Planning Commission hearings. She stated there has been some criticism about the Intemational flags. She explained they have an international adopted family of 13 children from 6 countries and they are on the boards of psychologicai associations around the wodd. She stated she just received a letter from the pre-school, but has not had sufficient time to read it. She explained her husband's major concerns were the flags and her major concern was the 2 year time limitation due to the additional expense that would be lnvoived. Page 2 OPPOSITION'S CONCERNS: The following individuals were in opposffion of subject request: Henry Fowler, 1433 Garden Street, Redlands, CA (child care consultant specializing In child care centers throughout southern Calffomia) retained by Mr. and Mrs. Larson to represent them in this matter; Carol Larson, owner of Sunshine Nursery School; Ga(I Warner, 1112-1 /2 N. West Street, Anaheim, CA; Dennis M. Diaz, 533 N. Sunkist; Kim Harlow, 9947 ~. Gun, Whittler, CA; Ms. Drake, 2454 E. Nutwood, Fullerton, CA; Mr. Zendejas, 2221 N. Redwood Drive, Anaheim, CA; Rachel ZendeJas, 2221 N. Redwood Drhie, Anaheim, CA. The main concerns were health and safety issues for pre-shhool children attending the nearby nursery school and also concern was expressed that ff would affect the access and visibility to the entrance of the Sunshine School. Concern was also expressed about the proposed 6-foot block wall. REBUTTAL: Dr. Ommanney stated they discussed notifying the pre-school previously and she understood the Planning Commission to say that this was not a requirement and they also discussed the conflicting Interest they had in terms of wanting to rent their building. It seems that Cheryl Flores sent a letter June 3rd to the pre-school and did not notify her. Chairman Henninger stated when they were last here, the Planning Commission discussed their desire to have the pre-school contacted and Dr. Ommanney indicated she would do that. Dr. Ommanney stated that is not correct and explained she said she would ff k was a requirement, but there had been a conflict of interest and the Planning Commission stated ff was not a requirement becat:se they do not own the property-they are Just renters of the property. She stated ff she had known the City was going to write a letter, then she would have contacted them and perhaps spare a lot of the reaction. She was given this letter one minute before the hearing started and indicated that it did not feel equitable. She stated the pre-school is concerned about the 6-foot block wall and that they will nat have a way to get in. She explained that is not true. She gave an overview of the project and what they were planning on doing. (These lasues were discussed thoroughly at the May 17, 1993 Planning Commission hearing). She stated they are clinical psychologists. They were involved in Walden School and her husband was one of the founders of that school. They have dealt wfth children at their facility and do now. They are both licensed child psychoiogists sc they have just as much or more at stake being the neighbors on the east side of this facile y as they do on the west side. Sha explained the people who will come to this facility will have been through hospffai programs and will well be into their recovery. The people who will be in the recovery home are grammar school teachers, attorneys and business people who have a chance ~/~/y~ Page 3 to make a come back in Iffe-people who have pakl their dues and gone through their detox. Most of them would have already been in the hospftal for 6 weeks to 2 months, so they are talking about people who Just need a chance to stabilize between their hospftal experience and moving home. She elaborated. Pierce Ommanney, PhD Psychologist and husband of Dr. Mary Ommanney. He has owned this place of property for over 35 years. He is also co-founder of Walden Schools. he stated there may be come false Issues here. He explained that the pre- school parking is now exclusNely on the grounds of the sanitarium and the sanftarium has many more severely troubled people. He stated a minor Issue is the flags. He thinks the flags are very nice and are also on a 3-foot fence that surrounds the property which keeps the children off. DISCUSSION: Dr. Mary Ommanney made a few brief comments regarding a possible continuance to work out some of the Issues brought up by the opposition. Commissioner Boydstun stated she was back out there today and the solkl wood fence on one side of the walk and the block wall on the other side really concerns her. She asked wfth a variance could they put in a wrought iron fence so that the air a..d she was open? Dr. Ommanney asked for clarification ff Commissioner Boydstun was refercing to the property line between the property that the pre-school rents and the clinic. Commissioner Boydstun stated ft is angled back there and when you put a block wall on their side, and that sidewalk, she assumes, is their easement. Dr. Ommanney stated she should have a copy of the map that has the footage. Commissioner Boydstun asked for clarification ff her property line wont to the end of that cement? Dr. Ommanney indicated that was corcect. She stated there is a rectangle, but was unable to recall the exact size and stated she would have to measure ft off. She stated there Is some pink slumpstone on the portion of the comer that looks away-between that comer and the comer of their easement, there is adequate walking area. She added ft is not closed off. Commissioner Boydstun stated ff a block wall is put there, ft will make a tunnel for them ,I to walk through. The wood fence would be on one side and the block wall would be on the other side. She added she did not think that was safe. i Dr. Ommanney asked for further clarification ff she was speaking of the wood fence in i front of the duplex? ' i Commissioner Masse stated at the end of their parking lot. He explained that they have I a parking lot that is chained off today wfth no cars In ft. The plans show they are going to put in a block wall fence there. He stated by putting in a block wall fence there, they will be creating a corridor. 'U/~;~~% Page 4 Dr. Ommanney stated they really did not care and thought the City wanted the block %" wall. They like a chain link fence with vines on IL She stated there is a wooden fence from La Palma between the two properties back to a certain point and then there is nothing, however she thought there was a little more expanse of property there then you know. Commissioner Peraza asked Cheryl Flores, Planning Department, for some clartflcatlon on fencing. Ms. Flores explained the CO Zoning Code does require a 6-foot block wall or a earth and berm. Dr. Ommanney asked ff ft was required ff K were between two businesses and Ms. Flores explained it is when k Is adJacent to residential that h is required. She stated this situation may be grandfathered in where the fence requirement would not be in effect. Chairman Henninger referenced one of the letters that raised 9 questions and Dr. Ommanney was asked to go over the questions. Ms. Ommanney explained further what their project consisted of and stated again that this was for high functioning people who have had a problem wffh alcohol and who have been in a recovery program in a hospttal and have done their inpatient time. The hospitals want a halfway house before these people are ready to return home. Commissioner Caldwell asked ff this would bo limited to alcohol rehabilitation? Dr. Ommanney explained the people who are in the recovery home will be refereed from various hosptals in the area and wiU have gone through their inpatient program there and will come after that inffial period. Most of the people will be bused by the hospitals to their day time programs, so they will continue the partial program at the various hosptals. A discussion took place between the Deputy City Attorney, the Commission and the petitioner regarding further clarffication of the specffics of the recovery home. Chairman Henninger asked ff any of these people might have an arcest history or any convictions? Dr. Ommanney stated the alcoholics she has worked wkh have not had arcest histories. Chairman Henninger asked ff any of them would have a history of abusive behavio(t Dr. Ommanney stated In terms of out and out physical violence, etc., she dkJ not think that kind of person would be appropriate. She stated that in the S5 years they have been at the clinic, there has never been a City of Anaheim complaint or a professional complaint for anything. Chairman Henninger asked ff she thought any of these people would be sex offenders and Dr. Ommanney indicated she did not think so. Chairman Henninger asked what sort of procedures would they put in place? 6/~/y~ Page 5 Dr. Ommanney explained people aretreated at the highest problem and ff a person were a sex offender, that would be conskfered a higher dsk then alcohdlsm, therefore, She could not image having a sex offender placed in an alcohol rehab home. Chairman Henninger asked what sort of system would they put in place In order to screen for people with arrest records, abase records or have those who have a sex offense problem? Dr. Ommanney explained they went over with Mr. Borcego (Senior Planner), the application for the State of Caiffomia for the type of people that will be in their facility. They will have to have been screened by the hospitals and admitted to the program. Other than a drunk driver, they would not want a murderer or child molester or drug addition because that is not what they are about. They are about helping people in a 12-step spiritually based recovery program get a second chance in Iffe. Chairman Henninger asked what their resklent ratio would be? Dr. Ommanney explained there are different levels. Sober living environment is low level which is a place where they live and where they have soma community meetings. She stated with a sober living environment there is a house parent who is there at ail times and there will be some groups offered by doctors during the week, but the main therapy is done at the hospitals. Chairman Henninger asked for clarNlcation if there would be one staff person most of the time and Dr. Ommanney stated that was correct. Commissioner Messe asked dudng the day these patients are at work? Dr. Ommanney stated yos unless in the future they change h to a recovery home, but they want to do a sober living ernironment and get it working very smoothly and then they may take a certain number of patients and do the recovery home with the groups but that was a whole different thing. Chairman Henninger asked what the qualNications of the staff person would be? Dr. Ommanney stated the qualifications is that they be in recovery themselves for one year, that they have had expedence running a recovery home and that they pass the requirements of the 3 hospital administrators who refer to the program as well as Dr. Maddox (phonetically spelled) who has an extensive interview program. Chairman Henninger asked fi that would be a college educated person? Dr. Ommanney explained that person would not be a clinician. Commissioner Messe asked for clarification ff they were offering a room and board facility for recovering alcoholics? Dr. Ommanney stated that is the lowest lave! and the beginning level that they will start with. They are applying for sober living recovery home because their requirements with the state will be for the recovery home, but all of their referrals will be from the hospital. h~/s~~9~ '~ Page 6 The hospital will not want them to have a recovery home because that is what they aro doing. All of the people that will be sent to them will already have their clinical needs taken care of. Commissioner Messe asked for clariflcatlon ff the application here and to the state is for a recovery home? Dr. Ommanney stated for a combination of the two. Commissioner Mayer stated then what you are asking us to approve for you at this time is for the full recovery home operation when you are ready to Implement that? Dr. Ommanney indicated that was correct. Malcom Slaughter stated as he understands her statements, the applicant is talking about two different levels- the basic sober living and then a further care at a higher level. They are presently applying today of approval of both of these levels. Mr. Slaughter asked ff they could ptuceec: with the first level ff that is all the Commission were to approve today and come back later for the other aspects of ri? Ms. Ommannsy stated possitdy. She explained Mr. Borrego was not aware that Sacramento very tightly superv'ses them. The Sacramento license for the sober living and tfie recovery home is very specfflc and very detailed. She did offer to xerox a copy. Commissioner Messe stated Dr, Oi:+manney has not answered the question and asked ff they could proceed ff they just govt her authorization? Dr. Ommanney stated she supposes they could. There have been a lot of changes in their field and this is their hope to maintain their family and their life style. She expressed her concerns regarding obtaining funding in order to make the necessary changes and then come back in another 2 years and the Planning Commission turn them down. Mr. Slaughter stated ff the Commission were to approve just the aspects of the sober living for 2 years, they could conduct that for 2 years, but ff they wantod to start the recovery program 6 months from now, they could apply for that concurrently wish the sober Ifving operation. Chairman Henninger asked how their facility and other sober living facilkies compare? Dr. Ommanney stated they have a copy of a study they did of the 26 nearost facilkfes in Orange County which has a list of 11 questions. She just assumed that the Planning Commission had seen all of this. She explained it Is commensurate wfth K and they asked 11 questions regarding staffing, costs and kttchen facilftles before they planned it and they are in the middle. Commissioner Boydstun asked if they only have 2 bathrooms? Dr. Ommanney stated the rooms are setup 2 people to a room. Commissioner Boydstun asked ff there were 19 patients and Dr. Ommanney stated yes. ~~~/y~ ~- Page 7 Commissioner Boydstun asked what ff you have 2 women and 16 men? Dr. Ommanney stated that would not be the way they would have it. It is set up with a man's section and a women's section. In between are the common rooms and the house parent's room. There will not be women in the men's section, and vice versa. Commissioner Mayer asked how many clients would. be on sfte during the hour ti.~t the pre-school is open from 6:30a.m. to 6:OOp.m. Dr. Ommanney stated during the sober living environment, she dkl not think any would be because they are not offering therapy unless there would be some unusual circumstance such as a fireman who would have 2 dayti on and 1 day off. She explained they will usually be there for 6 months to a year and in the beginning of the program, there would be many things mandated; by the end of the program they will be going to work and getting ready to transition to home. She added no one will be Just sitting around. Commissioner Messe asked for clarfffcatlon ff they were going to have 3 house parents with 8 hour shifts? Dr. Ommanney stated no, they will have one house parent who will live there and the 2 days that the house person is not there, there will be a different house parent. Commissloner Messe expressed his concem ff the house parent was ill, would the client be there alone all day? Dr. Ommanney explained the house parent would be there and they would be able to go to the store, etc. They would be expected to be there most of the time. Cosmissioner Talt asked the Dopuq~ City Attorney about question no. 5 relativa to what type of clients will the admission policy Include ar exclude (chronic alcohol and drug offenders; clients with histories of convictions or arrest for arson; crimes against children; sex offense and abusive behavior especially towards children). He asked ff tt was appropriate to put this Into a condftion? Mr. Slaughter stated not having researched ft, it is putting him on the spot. lie explained he does have some concarns people who are not currently on probation or parole for offenses. That kind of condition would gNe him some concem. He could not give Commissloner Taft a blank yes or no. fie was concerned about that kind of condition, i.e., whether it would be enforceable or would ft be stricken ff challenged. Commissioner Boydstun raised the question of the fence. Commissioner Messe stated the Commission's concern regarding the fence Is that portion which is behind the parking lot. He wanted to know why they would even need a fence there? Dr. Ommanney explained they had concerns regarding liability issues. Commissloner Messe asked ff they would consider wrought Iron? ~5~~~3 Page 8 Dr. Ommanney explained that wrought Iron fencing was a great deal more then chain ~' link. Commissioner Boydstun stated h would not be as expansive as a block wall. Commissioner Boydstun asked about the signs. Commissioner Caldwell stated they have an ordinance that specifically lays out the signage and they are outside that ordinance and he supports the Cfty's ordinance and whatever signage does not meet that ordinance should be taken down. Discussion took place regardfig the signage. Greg Hastings, Zoning DNislon Manager, stated to simplify it they may just want to allow the signs that are covered under the variance and any of the signs that have a legal bulidtng permit. Everything else should be removed. Code does not allow fence signs. The Code is not clear on flags being used for advertising purposes or decorative services. He clarHied any signs on the fence should be removed. Further discussion took place regarding the signs and flags and Mr. Hastings explained that the flags are not spocfflcally In the Code indicating advertising or decorative purposes, so ff the Commission wants to make a ruling on that right now, they have authority to make interpretation of the Code. He further explained that canvas flags are a decoration on a fence--it Is really up to the Commission to make that determination. Typically staff would treat those as advertising _ ff they were used to attract attention to the property. l~ Chairman Henninger stated they certainly seem to do that. Dr. Ommanney stated they would have no problem taking down the round doctor signs and the blue words and the flag In between. That would just leave the flags themselves. When people come from other countries it is something nice and they have had them for 35 years. Commissioner Mayer stated she Is still having a problem with the fact that the 24-hour INe•in huu,:a parent might be off-site, and their might be a resklent or several residents on-she and uns~pervlsed. Would there be some solution to that such as a schedule where the 24-hour person would need some time off for personal needs or shopping? Dr. Ommanney stated that is a possibility, they are Just going by what they were told is the typical situation. They have patients who were in other recovery homes and that is what was recommended to them. They would not have a problem with having a relief person there when the other person was gone. Mr. Slaughter stated Condition No. 4 states there shall be a supervisor present at all times and he assumed that staff Intended that be applied at all times. There are a lot of ways to meet the condition. Dr. Ommanney stated she forgot that was In and did not have a chance to read it today. She stated that would be floe wfth her. ~/~~/r~ Page 9 Ms. Flores recommended modificaU~ns to certain condftions: Condftion No. 3 should be reworded to read: 'That prior to issuance of a building permit, or within 90 days from the date of approval of this project, the applicable traffic signal assessment fee shall be pakl to the City of Anahelm in an amount established by City Council resolution.' Commissioner Boydstun suggested that they change Condftion No. 2 to read "18 persons plus one caretaker all over the age of 18 yearn' Mr. Hastings referenced Condition No. 4. The applicant is asking for an exemption from the curfew hours for those working beyond the curfew hours and not kJentified in the condftlon. Commissioner Messe suggested they say "except for those patients whose work hours are outside the curfew hours." ACTION/ CEOA NegatNe Declaration -Approved 6-1 VOTE (Commissioner Henninger voting ND) Reclassft(cation No. 92-93-08 -Granted 6-1 (Commissioner Peraza voting ND) Ccndftional Use Permit No. 3603 -Granted 43 (2 years - to expire 6/14/95) (Commissioners Boydstun, Henninger, and Peraza voting NC) Modified Condftion No. 2 to read as follows: 'That subject facility shall be Ilmfted to a maximum of 18 adult residents plus one caretaker, all over the age of eighteen.' f~ifled Condition No. 3 to read as follows: "That prior to Issuance of a building permft, or wihin 90 days from the date of approval of this project, the applicable traffic signal assessment fee shall be pakl to the City of Anahelm in an amount established by City Council resolution.' Modified Condition No. 4 to read as follows: That there shall be a supervisor present at all times. The residents (except far those residents whose work hours are outside the curfew hours) shall observe an 11 p.m. curfew Sunday through Thursday and a 1 a.m. curfew Friday and Saturday. In addition, the residents shall be Iimfted to 1 hour of visitation on weekdays and 3 hours of visftation on weokends. The following condftions were added: 1. That al! non-conforming signs (Including the flags) shall be removed. 2. That the patients shall be Iimfted to alcohol rehabilitation only. d~~~~y3 __ Paga 10 3. That this use shall be limited to a sober living environment and shall not be !~ a recovery center. That patients shall stay overnight, shall receive counseling, shall be attending classes or working during the day, shall have been detoxed at a recovery center and screened by referring hospitals for suitability sober living environment prior to establishing temporary resk:ence at subject facility. 4. That the patients at tf;ls facility shall have had no prov!ous felony convictions related to arson crimes, sex offenses and abusive behavior, especially towaMs children. 5. That the six foot wall in the area of the oarkina lot shall be constructsd of wrought Iron ratherthen the masonry blockwall Indicated on the approved Exhibit No. 1. _ ~/i~/s~ ~, Pale 11 n LOCATION: 301-335 East Center Street. Property Is approximately 2.2 acres located at the northwest comer of Center Street and Olive Street. To permit general and professional office uses wfthin a previously designated retail area of an existing "mixed-use" development. Continued from the June 2, 1993 Pianning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. ENVIRONMENTAL IMPACT REPORT N0. 189 (Previously Certified) Continued CONDITIONAL USE PERMIT N0. 3604 to 7/12/93 OWNER: LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP, 30 Executive Park, Irvine, CA 92714 OPPOSITION: None PETITIONER: Initiated by the City of Anaheim. Brent Schultz, Project Manager, wfth Anaheim Redevelopment Agency. ,,.. THE PUBLIC HEARING WAS CLOSED. F DISCUSSION: Chairman Henninger stated he did have a question on the approved list of uses. He asked ff they really did Intend to include sports, recreation facilfties, personal and repair services? They seem somewhat out of context with the other office uses on the list. Mr. Schultz explained this request was initiated by Lincoln Property Company. They submitted the request to the Planning Department and Redevelopment received the request through the Planning staff. When they came to them, he pushed them for a Ilst of uses and Jlm Freeman, the Principal of Lincoln Property Company came back wfth a letter. He Just wanted the ability to he able to lease to a broader list of the once uses. He can see their corcem regarding the sports and recreation. It does allow : massage facilfty. He stated their Intent was to expand to businesses such as a Chiropractor, Insurance office, business office, etc. They have had problems leasing to the retail tenants. They have had some grocery stores, however, they wanted to do alcohol sales and they had concerns about that in proximfty to the residential tenants. After further discussion and concern expressed regarding Sports and Recreation, Personal and Repair Services, k was determined that Mr. Schultz would talk to Lincoln Properties and have them submft a list of the exact uses they would be requesting to lease to. /s~/~~ `„~ Page 12 Mr. Hastings explained they advertised this to permk general and professional office ~^~ uses. He suggested that they advertise the actual usages in case there was someone ' in the neighborhood who would be offended by those uses. Chairman Henninger agreed. Mr. Hastings stated he would need a 4 week continuance. ACTION: Continued to July 12, 1993 to readvertise subject petition to Include all types of uses proposed by the appl(cant. r- t I 6/~~193 1,,,~ Page 13 Request fora 3-year extension of time to retain a church in the ML Zone. CONDITIONAL USE PERMIT RESOLUTION NO. PC93.68 CEQA NEGATIVE DECLARATION (Previously Approved) Approved CONDITIONAL USE PERMIT NO.3265 (Readvertised) Granted a 3-year extension OWNER: SUNNYMEAD POULTRY RANCH, A CALIFORNIA CORPORATION, Attn: of time; to Jaime Deutsch, Trustee, 403 N. Palm Drive, Beverly Hills, CA 90210 expire 4/9/96 AGENT: THE CORNERSTONE CHURCH, Attn: Richard Danna, Senior Pastor, 1250 N. Red Gum Street, Anaheim, CA 92806 LOCATION: 1250 North Red Gum Street. Property Is approximately 1.06 acres having a frontage of approximately 155 feet on the east skfe of Red Gum Street and approximately 500 feet south of the centerline of Miralorna Avenue. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Richard Danna,1250 North Red Gum Street, Anaheim, CA, representing the Cornerstone Church. He gave a brief background and stated they have never had any complaints. He explained their neighbors use their parking lot during the week and they sharp their neighbor's parking lot on Sunday. THE PUBLIC HE~~RING WAS CLOSED. DISCUSSION: Commissioner Boydstun commented this is a very nice, clean setup and everything is well maintained and looks good. ACTION: CEQA NegatNe Declaration -Approved Conditional Use Permit No. 3265 -Granted for 3 years (Retroactive to April 9, 1993 and to expire on April 9, 1996) VOTE: 7-0 6/;~/i3 Page 14 ~. CEQA NEGATIVE DECLARATION (Previously Approved) Approved CONDITIONAL USE PERMIT N0. 3289 (Readvertised) Granted a 3-year extension AGENT: ADAT ARI, THE NORTH ORANGE COUNTY SYNAGOGUE, 5100 E. of time; to la Palma, Ste. 104105 explre 6/18/96 LOCATION: 5100 East L.a Palma Avenue. Ste. 104 and 105. Property Is approximately 6.3 acres located 402 feet on the south skle of La Palma Avenue and approximately 3,560 feet east of the centerline of Lakeview Avenue. Request fora 3-year extension of time to retain a church In the ML (SC) Zone. CONDITIONAL USE PERMIT RESOU~TION N0. PC93.69 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COfAMENTS: Larry Mandel, past Pres(dent of Adat Ari. He stated he has represented the Synagogue in the past. ~• THE PUBLIC HEARING WAS CLOSED. ~ 1... DISCUSSION: No further discussion took place. ACTION: CEQA Negative Declaration -Approved Conditional Use Pennit No. 3265 -Granted (3-yaar extension of time; to explre 6/18/96) VOTE: 7-0 ""7, G~i~~l3 ~..~ Page 15 Y. I.f ;5 Y. n LOCP,TION: 1440 S Anaheim Boulevard Property is approximately 12 acres located on the northeast comer of Cerritos Avenue and Anaheim Boulevard. To permit the on-premise sale and consumption of beer and wine wfthin a proposed restaurant in conjunction wfth an indoor swap meet faclliry. CONDITIONAL USE PERMIT RESOLUTION NO. PC93-70 5a. CEOA NEGATIVE DECLARATION Approved 5b. CONDITIONAL USE PERMIT N0.3606 Granted OWNER: LEDERER ANAHEIM LTD., 1990 Westwood Blvd., 3rd Floor, Los Angeles, CA 90025 OPPOSITION: None PETITIONER: John Schroeder Qast name not spelled forthe record), General Manager forthe Anaheim Indoor Market Place at 1440 S. Anaheim Blvd. Mr. Yalda (Traffic Engineering) wants to add another conditlon. He stated the Police Department apparently had some concerns. He was very disappointed to find out that there were recommendations for denial for the CUP by the Police Department. Following is a list of concedms expressed by the Police Department as follows: 1. That the sales and consumption of alcohol shall be confined to the food service area, which shall have permanently Installed barriers surcounding ft so as to confine the customers to this area. 2. That the entrance/exit to the above described area will be next to the service counter of the A.B.C. licensed business and persons entering and leaving will be clearly visible to employees of said A.B.C. licensed business. 3. That no sales, consumption or possession by customers, sellers or employees shall be allowed outside the confined area licensed by A.B.C. 4 icensed premises only. gThese containersnshall not~be takeln out of the licensed a ea. 5. That there shall be no sales nor consumption of nonalcoholic beer wfthin the business. 6. That alcoholic beverages shall be sold In containers no larger than 12 fluid ounces. 7. That alcoholic beverges shall be sold no more than one serving to a customer at any i sale. 6/~/y3 Page 16 5 i 8. That the sales and consumption of alcoholic bevereges shall be in conjunction with food !'` sales. 9. That this candffional use permit shall expire on year from the date of this resolution, on June 14, 1994). a. They agree with items 1-5; ~ b. No. 6 is very close to what they wanted; they will allow fora 12 oz. and 16 oz. container. c. No. 7 Is standard operating procedures and they thoroughly Intend to do that. d. No. 8 was also their intention. e. He has no problem with the one year expiration date, but the vendor would have a real problem obtaining financing and would need a 3 year expiration. i THE PUBLIC HEARING WAS CLOSED. DISCUSSION: Chairman Henninger asked ff staff would like to add any condftions or make any additional comments? Cheryl Flores, Associate Planner, stated they have no other conditions except those submitted by the Police Department. Alfred Yaida, Traffic Engineering, stated they recommend th, i the most northerly driveway be chained off to prohibit southbound left•tums to that driveway. He did not think the applicant was agreeable. Les Lederer, property owner for property located at 1440 S. Anaheim. He stated he has owned th(s property for over 20 years. He expressed his concems regarding closing the driveway. He elaborated. He did not think there was a traffic problem. If they close off the northem most driveway, it could create unnatural flows of traffic because people use the northem most driveway to exit going northbound. He explained further. He stated ff ff should create a problem, they will address it. He asked that they do not condftlon approval of their request for one vendor. It was his understanding that the purpose of the IDC meetings prior to these hearings was for the very purpose that applicants can address any problems before they have a hearing in front of the Commission. He did not think h works well to have something like this come up at the last minute. Commissioner Messe asked to hear from the Police Department. Jim Gandy, Police Department, Vice Detail. He stated they had a discussion with the applicant in the hallway regarding this particular Issue. They wanted these concerns in wrfting so that later on they can go back and address them ff they are being violatad. He applauds them for already having addressed these concems, unfortunately, he was unable to have a meeting with them before. ~/t<iy, II Pam t~ I I s He referenced recommended Condition No. 9 regarding a one-year time frame. He r~ stated that the City Attorney explained that ft puts the burden on the applicant to show why they should continue to operate the busi~ less. The Police Department's posftion is when a business comes in and ff is questionable, ff they do not have a problem they can renew after the one year. If there is a problem, they do not want to go through alt of expense of Justifying h by not coming back in again. He added this was their only concern and they have agreed with all of the rest of the recommended conditions. They have mftigated their concerns as much as can be. Mr. Gandy stated he has also spoken to ABC about this and they indicated that the recommended conditions he had would be similar to what ABC would Impose. Commissioner Messe stated he agreed that the one year expiration date would be on this CUP and ff things go well they can modffy k to Increase the length of time. Commissioner Boydstun asked ff ft could come back under an R&R? Commissioner Messe stated it could come back under an R&R and ff things do not go well, then they would have to close ff down and pull ff for revocation. Commissioner Taft asked ff Mr. Gandy was removing his recommendation for denial ff the conditions were added to the CUP? Mr. Gandy explained they see the possibility of problems vrith this type of a use. They do not recommend that ft be approved and ff h should be approved and the Commission feels there is sufficient Justffication based upon the condff!ons that they have placed upon ff, and approve h, then that is their prerogative. From the Pollce Department's standpoint, they are hesitant to give approval to anything that they have somo hesitations about. He added there is no other business like this one around. Chairman Henninger stated he shares same of the same concerns. This is a unique business and its operating well now. Some place along the line they may make a mistake wffh it and it may not operate well thereafter. He stated they are asking them to build a restaurent wfth a food prep area wfth full enclosure !n a regular restaurant and ft seems they would need more than a year or two to amortize those Improvement costs. He stated they have a pretty strong lever on them given the fact that the CUP is going to expire. Commissioner Peraza stated he would go for 2 years wfth all of the condffions that the Police Department placed on the CUP. He asked about the walkup counter area. He asked ff that was inside and not outside so its available to the rest of the people? Mr. Lederer explained it is almost a two phased type of operation. On the outside they intend to sell things like donuts; bulk candy; and coffee to service people in the mornings. They can very quicMy get In and out of there. No alcohol would be sold over that side of the counter. Deli sandwiches and pre packaged naiads are the type of food that are in conjunction wfth the beer and wine sales proposed within the confines of the one side of the restaurant. ~~~/y3 Page 18 ,~ Commissioner Peraza asked to have that put into the form of a condftian and Mr. ~ Schroeder indicated that would not be a problem. Commissioner Caldwell stated Mr. Schroeder mentioned earlier that his applicant would not be able to acquire funding based on approving this for less then 3 years. Mr. Lederer stated that is what was requested. He would tend to think k could be argued with financial institutions that ft could be amortized over 2 years, therefore, they would stipulate to a 2 year expiration on the CUP. Commissioner Caldwell stated then they could possibly stipulate to one-year and Mr. Schroeder stated he would seriously doubt that considering the amount of dollars involved. It would be a burden to stipulate to 2 years, but if that is a deal breaker, then he thought they could deal wfth that. Commissioner Peraza asked how they could prevent a person from walking out wfth a cup of beer to the soccer games or to the batting cages? Mr. Lederer referenced the drawings and stated the service counter was right at the door. He explained there is not going to be a great number of people and there will be heavy supervision inside from the employees, and the Marketplace management also has security in the area in the Food Court to keep an eye on things. Commissioner Peraza asked if he was hearing right, I.e., if they do not buy food, they cannot buy beer? Mr. Lederer Indicated that was corcect. He stated and further ff somoone were to come r . up and ask for a second beer ff they had already purchased food, he would ask that that be allowed-just to come in and buy beer and wine, that is not what they want. Commissioner Messe asked what distinctive containers did they have in mind for the sale of beer? Mr. Lederer stated the usual wfth a glass container-something obvious outside of the confines of the restaurant. None of the other vendors use a glass container at all since they are all disposable. He added h could be plastic, but ft would be so you could see the beverage through the side view. Commissioner Mayer asked Mr. Schroeder to explain how their present security works- shewas thereon Saturday and there were security guards at the door. She also noticed beer cans and people consuming alcohol in the parking lot. She asked if there was security in the parking lot? Mr. Lederer stated there is security In the outside. The parking lot is quite large, so they have made at least one security guard i~iobile in that they actually ride a bicycle around the parking lot. There is at least one on patrol at all times, particularly on the weekends, in fact he tf~inks there are at least two. Further discussion took place regarding the securfty guards. Commissioner Taft expressed his concerns regarding the sale of beer especially where there is a soccer field and batting cages associated wfth the consumption of beer. l/~~/93 4 Page 19 Commissioner Caldwell stated he is in favor of k and was oushing it for one year. This ~ could be run in conjunction with other uses and not have a problem. He stated now he ' was extremely hesitant. He was cognizant of the Lieutenant who wrote the report. He stated they were al! speculating on the future arxi what the Impacts will be, especially with alcohol being servbd, He stated he dk9 ndt want to impede the success at that she. ACTION/VOTE: CEQA Negative Declaration -Approved Conditional Use Penrit No. 3606 -Granted 4.3 (Commissioners Taft, Ari;+yer and Boydstun voting NO) The following conditions were added by the Police D~oartment: 1. That the sales and consumption of alcohol shall bb confined to the food service area, which shall have permanently installed barciers surrounding it so as to confine the customers to this area. 2. That the entrance/exit to the above described area will be next to the service counter of the A.B.C. licensed business aid persons entering and leaving will be clearly visible to employees of said A.B.C. licensed business. 3. That no sales, consumption or possession by customers, sellers or employees shall be allowed outside the confined area licensed by A.B.C. 4. That all alcoholic beverages shall be sold in dlstlnctNe containers available at the A.B.C. licensed Nremises only. These containers shall not be taken out of the licensed area. 5. That there shall be no sales nor consumption of non-alcoholic beer wfthin the business. 6. That alcoholic beverages shall be sold in containers no larger than 16 fluid ounces. 7. That alcoholic beverages shall be sold no more than one serving to a customer at any sale. 8. That the sales and consumptlon of alcoholic beverages shall be in conjunction with food sales. 9. That this conditional use permft shall expire one year from the date of this resolution, on June 14, 1994). It was noted that this was passed without the recommended condition by Traffic Engineering regarding the driveway. Mr. Yalda stated they could monitor that for awhile. I ~/~~/93 ~~ { CEOA NEGATIVE DECLARATION Approved CONDITIONAL USE PERMIT N0. 3807 Granted for 1 year (to expire OWNER: LOS ANGELES NATIONAL BANK, 1100 Wilshire Bivd., Los Angeles, CA 6/14/94) 90017 AGENT: MAJID ATAYA, Post Office Box 377, La Habra, CA 90633 LOCATION: 1136 North Brookhurst Street. Property is approximately 0.56 acres located on the east side of Brookhurst Street and approximately 230 feet south of the centerline of Falmouth Avenue. To permit a church wfth accessory classrooms and offices wfthin an existing 5,390- square foot office building. CONDITIONAL USE PERMIT RESOLUTION NO. PC93-71 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 2 (In addtion, one other interested person was allowed to speak after the public hearing was closed) PETITIONER'S COMMENTS: Majid Ataya, 8457 Lin Mar Meadows, Garden Grove, CA, agent for the Association of Islamic CharRable Projects. They are proposing to purchase the site at 1138 North Brookhurst. He explained they have broken down the uses in 3 parts. The first would be office use. It would be used as office in the day time; in the even(ngs from about S:OOa.m. to 10:30a.m. ft will be used for classrooms. Those classrooms will be used to teach Arabic language and religion. On Fridays there is a medium sized room for a sanctuary and would take place on Fridays between noon and 2:OOp.m. as stated in the staff report. He had comments on 3 of the recommendations. He referenced Condition No. 4: He explained they need the driveway to load and unload handicapped individuals or other purposes. He referenced a drawing and explained his posftion. He asked that the driveway remain in place. He referenced Condftion No. 5: He stated since ft is a signalized intersection, ft would not require a radius curb return. He explained his position. In addition, the southerly portion of the curb return that Is requested is not on their property. He referenced Condftion No. 9: He stated they do not (rave an assembly room wfth an occupant load of over 300 people, therefore, they would not be required to install a fire alarm. He explained ft is really a babysitting room. ~/~~/9~ ~- Page zi Commissioner Messe explained those condfflons say as required by the Fire Department and they may not be required. OPPOSITION'S CONCERNS: Myra Lookabell (spelled phoneticatly), 2174 West Falmouth. She stated she has the wood and wall behind the facility they are building. She stated parking is a big problem on that intersection. She stated there Is a rumor that there are going to be trailers or quonset huts put in the back. She asked that the lighting not Intrude Into the area. Shr ;:ad some safety concerns. Max Engle, 1181 N. Catalpa. He lives 2 blocks away from the subject location. He asked several questions concerning the congregation, owners, the particular sect, and ff there was weekend use, etc. He had no knowledge of this type of religion. REBUTTAL: Mr. Ataya stated the name of the association is called Association of Islamic Charitable Projects; ff is an international Islamic organization; it has no funds from any government; it is supported by parishioners through contributions and the purpose of the ofgce uses is that they take donations and distribute them throughout the world. The size of the congregation is 30 people and they are maxing at 80. They meet right now in Santa Ana on Brookhurst between McFadden and Eddinger and most of the parishioners live !n Garden Grove and Anaheim. They are leasing where they are currently located and are planning on purchasing the property in question. Chairman Henninger asked ff they have had any problems in Santa Ana? Mr. Ataya indicated they have not. Chairman Henninger asked how the congregation was organized, i.e., do they have leadership? Mr. Ataya stated there is an organization chart. He stated they are people who work, are U.S. citizens and live in this neighborhood. Commissioner Caldwell explained it is a charitable organization. Mr. Ataya explained they are proposing a congregation on Fridays and again a maximum of 80 people. On Saturdays and Sundays ff is just classrooms. Chairman Henninger asked ff they had any future plans to build in the rear parking area? Mr. Ataya stated the capacity of the parking lot is 30; the staff report says 40. At the last IDC meeting it was requested that he eliminate the 3 up front and put them in the back and he was not able to because there was not enough space so he lost those. He has 37 parking spots In the back so there are enough. !n addftlon, they are not proposing to light the parking lot ever in the future. G ~i~~7~ ~,.~ Page 22 Commissioner Boyd tun asked ff he would specffy ff at sometime they find it necessary ~' to Tight that parking lot that they use ground lights? Mr. Ataya stated they would be more than happy to comply Wfth that type of requirement. Commissioner Boydstun asked ff they could have the north ddveway marked so it is a right•tum only since it is so close to the slgnal? Mr. Yalda stated the City is proposing to remove the traffic signal because Circuit Seal is no longer there-there is no need for that traffic signal to be there. Until something else goes there, the traffic signal is not benefiting the general public, so they may shut k down for awhilo until another use comes in. Commissioner Boydstun stated h did not seem very logical. Mr. Ataya stated they would be more than happy to remove it, but even ff that slgnal is removed they really need that driveway so they can make that loop turn-even ff they are only allowed to make a right hand turn. He explained that is the only way they can drop someone off, otherwise they would have to back out Into the driveway and that would be an unsafe condition. Chairman Henninger asked ff there is enough room to put in a landscape planter along the front and still have aone-way turn around ddveway? Mr. Ataya asked entering from the south and exiting to the north? He explained putting (n a planter was suggested in the IDC meeting, but there is only about 15 feet between the sidewalk and the edge of the existing planters. To put In another planter would make ft v: ry tight. He proposed to put another planter adjacent to the one at the north end of the property so there would be 3 planters with 4 palm trees. After a site visit he noticed that the water meter and the gas service meter are very shallow and to put a planter there they would have to relocate those 2 service Tines. Ms. Mayer asked ff they are only going to have church on Frklay? Currently there are 30 members wffh a maximum of 80. What is the classroom use from B:OOa.m. to 10:00 or 11:OOp.m. at night 7 days a week? Mr. Ataya explained the hours are from B:OOa.m. to 10:30p.m. and only to 11:OOp.m. on Fridays and Saturdays. There are people who want to team about Islam and there are people who want to loam Arabic, so those classrooms would be for them. Commissioner Mayer asked then anyone could come and take the classes and Mr. Ataya explained right now ff is just the parishioners who want to learn. They are only proposing to use up 2 classrooms in that building. Although the public headng has been closed, the following individual was allo~red to speak. Clarence Mixon (phonetically spelled), 1138 Lotus Street, Anaheim, CA, approximately 1 block from the proposed use. There is a crosswalk that the school children use everyday going to two different schools-the John Marshall school and the one across the freeway. The Ilght is much needed and he would hate to see ff removed. ~~ ~~~~ ~.~ pyge 23 He expressed h(s concerns that the congregation would be short on parking. He stated ~ there was a problem getting In and out of there. He has spoken with a lot of people regarding this. They did not show up and most of them work and he is retired. Commissioner Peraza asked ff they were considering removing the signal on Falmouth where the children cross? He explained there are 2 signals. Mr. Yaida stated they are studying ft right now and have not made a decision regarding that one. They are removing the Circle Seal signal only. Chairman Henninger clarified that the one at Falmouth is needed and the one at Circle Seal may not be needed and they are studying that one. Mr. Hastings proposed the following condftions: That the parking lot be repaved and restriped; and secondly that the building be repainted because of the graffiti cover, thirdly, that there be some type of landscaping adjacent to the front of the building that would be enough to screen the building from any future graffiti vandalism and that there be a group of trees planted adjacent to the propety line which is at 2174 W. Falmouth shown on the plan. Chairman Henninger asked ff they were going to add a condffion also that discussed no freestanding signs? Mr. Hastings indicated that staff would recommend that there be no freestanding sign whether ft be monument or a pole sign because of the Iimfted frontage on the property and the proximity to the signal that would be left. i~ Commissioner Boydstun asked again about the driveway on the north. Mr. Yaida stated the consideration is ff they make alert-turn, there may be conflict on the City streets and that is why they asked to minimize the number of driveways. In this case there is only Sl) feet frontage, so one driveway is more than enough to serve their needs. Commissioner Boydstun stated it would be very awkward for unloading ff you have handicapped. Commissloner Messe asked Mr. Yaida ff they could put in a concrete barrier for a right turn only? Mr. Yaida Indicated they could work with the applicant to do that. Chairman Henninger :fated the condition regarding the radius curh return Is something they will have to work out wffh the Engineering Department as ft is a standard condftion. ,~ ~ ~ ACTION: CEQA Negative Declaration -Approved ~• Conditional Use Permit No. 3607 -Granted 1. That the parking lot shall be paved and restdped. 2. That the building shall be repainted. 3. That landscaping shall be provi~ed adjacent to the front of the building in order to prevent grafffti vandalism. 4. That trees (a minimum of 15 gallons each and planted on 20-foot centers) shall be planted adjacent to the north property line (2174 W. Falmouth) at the location shown on approved Exhibft No.i. 5. That no free-standing signs shall be permitted because of the Ilmfted front setback area. 6. That any lights in the parking lot area shall be non-obtrusive to adjacent neighbors. 7. That condftion No. 4 shall be rewritten to state that the northerly driveway shall be redesigned and rebuilt to permit a dght-tum only. VOTE: 7-0 l^ _a~, ~~i~/43 `°' Page?5 ~. ', n 7. REPORTS AND RECOMMENDATIONS A. VARIANCE NO 4182 - REQUEST FOR RETROACTIVE EXTENSION OF TIME TO Approved COMPLY WITH CONDITIONS OF APPROVAL: Blash Momeny requests cone-year retroactive extension of time to comply with conditions of approval for Variance No. 4182 (waNer of required lot frontage, minimum building site area, minimum building she width and required location and orientation of single-family structures to construct 8 residences) to expire on June 9, 1994. Property is located at 2260 West Orange Avenue. B. VARIANCE NO 909 -REQUEST FOR TERMINATION: Robert Pellien requests No action/ termination of Variance No. 909 (to permit a lock & key service). Property is Located at already 420 S. Harbor Blvd.. terminated TERMINATION RESOLUTION NO. C. CONDITIONAL USE PERMIT N0.3161 -REQUEST FOR RETROACTIVE Approved EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Christine Felix requests aone-year retroactive eMenslon of time to comply with conditions of approval for Conditional Use Pernik No. 3161 (to permft a 6-unft, 10,000-unft square foot addition to an existing commercial retail center) to expire May 22, 1994. Property is located at 121 North Beach Boulevard. Commissioner Caldwell requested sometime in the future, and at the convenience of staff, to have a chance to have a signage workshop in order to go over the changes in the ordinance. Other issues that were brought up were abandoned signs; Code Enforcement Issues and the various methods of abatement. Commissioners Mayes and Peraza asked to discuss abandoned signs. ADJOURNMENT: The Planning Commission adjourned their regularly scheduled meeting to June 28, 1993 at t0:00a.m. to discuss the Anaheim Plaza Project. 6~/~~9 s ~~