Minutes-PC 1995/07/10w..-.
SUMMARY/ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM City PUWNING COMMISSION
July 10, 1995
11:00 A.N.. - PREUMINAgY PLAN REVIEW
1:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY)
rOfJIMISSIONERS ABSENT: CALDWELL
PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS
1. The proponents in applications which are not Wont u ~ ~' in t`ata oPinioni orf the Commissfoneir
evkionce. Addtional time will be granted upo eq
such additional time will produce evidence important to the Commission's consideration.
2. In contested applications, the proponents and opponent will each be gNen ten minutes to
present their case unless additional time is requested and the complexfty of the matter Lrarrants.
The Commission's considerations are not determined by the length of time a participant speaks,
but rather by what is saki.
3. Staff Reports are part of the evidence deemed received by the Commission in each hearing.
µ Copies are available to the public prior to the meeting.
4. The Commission will wfthhdd questions until the public hearing is closed.
5. The Commission reserves the right ~~~ deviate from the foregoing ff, in its opinion, the ends of
fairness to all concerned will be served.
g. All documents presented to the Planning Commission for review in connection with any hearing,
shall~beg stained by the Commissoonf or~the public record and shall be ava able fortpublicenco,
inspections.
7, At the end of the scheduled bearings, 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 five (5) minutes to speak.
AC071095.WP
07-10-95
Page 1
ANAHEIM CITY PL4NNING COMMISSION -ACTION AGENDA
JULY 10, 1995
REPORTS AND RE MMENDATiONS:
A. RECLASSIFICATION NO 90 91-04 AND TENTATIVE TRALCY 1NI~TH~ (topexple 7-30-96)
X925 - REOUEST~OR EXTENSION OF TIME T
rnumm~NS 9F APPROVAL: Bob Nickelson, 328 N. Glassed Street,
Orange, CA 92666 requests an extension of time to comply with the
conditions of approval for Redassffia~tion No. 901-04 (RS-A-43,000 zone
to RS-HS-10,000 zone to establish a 41ot subdivision) to expire on July 30,
1996. Property is located at the southerly terminus of Londeny Lane.
Commissioner Henninger moved to retroactively extend the time to comply with conditions of approval as
recommended by staff for Redassidcation 90-91-04 and Tentative Tract Map No. 13926. Commissioner Peraza
seconded the motion. MOTION CARRIED.
B, ONDITIONAL SE PERMIT NO 2992 REQUEST FOR EXTENSION Approved a 90-day
OF TIME TO COMPLY YIITH CONDITIONS OF APPROVAL.. Jeff Williams, retroactive extension
P. 0. Box 25427, Anaheim, GA 92825-5427 requests a retroactive extension of time (to expire
of time to comply with conditions of approvaloved ree sernvice contractor August 22, 1995)
No. 2992 (revised plans for a previously app
yard) to expire on September 22, 1995. Property is Iccated at 507 South
Lemon Street.
Commissioner Messe stated he would like to see the work performed in a more expedftious manner and felt a
90-day extension would be appropriate. Other Commissioners agreed.
The applicant responded to Commissioner Henrnnger that he thought the work could be done in 90 days.
Commissioner Messe moved for the retroactive extension to approve a 90-day extension, seconded by
Commissioner Mayer. MOTION CARRIED.
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ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
JULY 10, 1995
~_
_,'
~. one NFr,eTn/E DECLARATgON
2b. CONDITIONAL l),~,E PERMIT W0.3756
OWNER: CAlJFORNIA STATE TEACHERS' RETIREMENT
SYSTEM, 7667 Fnisom
Boultavani, Sacramento, CA 95826; FRANKLIN D. COLE,
111.1 Towne
Anti Country Road, Ste. 39, Orange, CA 92662
AGENT: MARK WHITFIELD c/o Donohue Schriber, 3501
Jamboree Road, Ste. 300, Newport Beach, CA 92660;
ERINIE WEBER c/o Donohue Schriber, 3501 Jamboree
Rt:tad, Ste. 300, Newport Beach, CA 92660
LOCATION: Ito North Euclid Street (Anaheim Plaza Regional
,~~Qpfing Centerl. Proparty is approximately 9.02
acxes located at the northeast comer of Crescent
Avenue and Fudid Street.
`.._.
To permit a 110-foot high cellular communications tower wfth a
maximum of sixteen (16) microwave dish antennae varying in size from
2-feet to 10-feet in diameter, including an accessory equipment room
Withdrawn
Continued from the IJ1ay 1, May 15, and June i2, 1995 Planning
Commission meetings.
CONDITIONAL USE PERMIT RESOLUTION N0.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Accepted requost to withdraw subject proposal as requested by the petitioner.
VOTE: fi-0 (Commissioner Caldwell absent)
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ANAHEIM CITY PLANNING t:OMMISSiON -ACTION AGENDA
JULY 10, 1995
3a, ~EOA NEGAT11i'E DECLARATI -Y
3b. WAIVER OF CQDE REOUIRI-~MEN'~
3c. ^ONDITIONAL USE PERM11~ NO. ~77~
OWNER: DAVID DANIEL, ET AL, 469 S. Green Grove Drive, Orange,
CA Q2666
AGENT: R~Y H342 B~Avenue, Ste 3 K Tust nINCA~ 92880 ina
LOCATION: X10 East ICatella Avenue. Property is approximately
0.55 acre located on the south side of Katella Avenue and
approximately 203 feet west of the centerline of State
Cdlege Boulevard.
To permit the expansion of an existing vacant restaurant to include a drNe
through lane with waiver of minimum number of required parking spaces.
Continued ftam the June 26, 1995 Planning Commission meeting
CONDITIONAL USE PERMIT RESOLUTION N0. P 95-76
Approved
Denied
Granted, in part
----------------------------------
FOLLOWING IS A SJMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: 1 person spoke in opposition
stated he would accept the
Scott Duffner, Faucher Development Services, 1342 Bell Avenue. Suite 3-K, Tustin,
conditi~rther noticing. Hehstated those ~ndfticns~wold eltimnate the necessity)of any further~noticing setoff
of any
bringing the project in compliance with all the codes.
Roy King, representing the owner of the Angel Inn (adjacent to the subject property), stated they do not agree
with Condition Nos. 9 through 12 which relate to the egress through the motel property~a v~nQhbe facing the~he
trash collection. He also stated the loud speaker (ordering stand) that is being propo
motel and will create noise and disturbance problems for the guests at the hotel. He also pointed out ftom the
sfte plan, it looks as though they are downsizing the size of the building or they are encroaching on motel
property. He explained the existing building does not encroach, but there were two temporarily driveways that
wean hocked off s nce hetrestaurantlclosedrbut it is now like a racettrack through t~her ebecause theays have
be
07-10.95
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JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
barricades get tom down and big tractors park in that area. He stated the motel is proposing to build a wall to
encompass that west and south skis and there will be no egress at all through that area and onto the hotel
property.
Commissioner Messe stated he doesn't think the proposal includes the requirement for egress, but the
applicants w81 be respond(ng.
dlection a~eai andtther egress totthat t hecdlectto wouldtbe ftomi the motel p o~rty to build a trash
Scott Duffner stated regarding the concerns expressed, they plan to bring forward a site plan that will address
those concerns, specffically with regard to the trash enclosure under Condition 9b and indicated they will have
to relocate the trash enclosure under a revised sfte plan. He also stated tfae~ will segregat the property with
hotel property eliminating any need for Ingress/egress over their property
either a fence or a landscape bawler to eliminate any cross access.
Commissioner Messe indicated the noise situation needs to be addressed.
Mr. Duffner stated he can either attenw~ith the City's soundkordinan a for~sotur~d levels at the adjoining propeirty
away from the hotel and will comply
line.
THE PUBLIC HEARING WAS CLOSED
Annika Santalahti, Zoning Administrator, stated the staff report dkln't clarrfy the issue of the 10-foot setback to
the ports cochere which covers the drhre-through la he a hei~nt understoodMShetclarified if the Comlmisslon
set back 50 feet as well and she wanted to be sure t ppl
she would recommend adding to Condition No. 9
wishes to approve the request with the conditions as shown,
that "the minimum structural setback (to the building, the ports cochere and the drNe-through lane) shall be 50
feet from the ultimate right-of-way along Katella Avenue". She also stated the proposed conditions would
req Plannint rCommPssion forapprovalcbefore iissuing buUdingdpermftsa need to come back and be reviewed by
the 9
Commissioner Messe clarified that could back under the "Report and Recommendations" portion of the agenda
and Mrs. Santalahti answered yes.
Scott Duffner asked for clarification if the drNe-thru lane would be allowed within the building setback, the way
the ordinance reads for the setback provisions.
Greg Hastings, Zoning Division Manager, indicated staff has checked the code and there was a code
amendment, he believes about a year ago, in conjunction with the parking revii.on, and the requirement was
andsca~k setback areas withhe lintent being in any larea between the building and the ftont property line a
p~
Scott DBuffner~cl,;ap ~~ stated ai10 foot~landscaped area with a ebalanlce could be used forparking and/or~d
Code
vehicle circulation.
07-10-95
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JULY 10, 1995
ANAHEIM CITY PLAR;NING COMMISSION -ACTION AGENDA
Greg Hastings indicated 'rf there is a conflict, the Planning Commission would need to make a determination as
to the interpretation of that section of the code. Staff has been irterpreting for commercial zones tlhae and he
10-foot setback, there not be any drNe-thru lane (area between the building and the ftoM property )
would assume that the 50 foot setback, which is 40 feet more than the commercial requirement, would have the
same provision even though n is a larger area.
Commissioner Masse asked Mr. Hastings ff in the industrial area you can use the 50 foot setback for paric(ng
and circulation for the parking. Mr. Hastings answered yes, and added K is the same as the commercial zone
where you are only required to have 3 feet of landscaping ff you deckle to use the 10 foot area for parking
encroachment. In this case, the area that is left is 10 feet, whereas for commercial it is 3 feet, and tho intent
was to maximize the landscape area.
Commissioner Henninger stated the applicant will be making substantial changes to the site plan. For instance,
the applicant stated they don't need the waiver on the budding setback so that means the building setback will
be moved at least 25 feet. He felt the Planning Commission could make any interpretation needed at the
"Reports and Recommendations" review because the Commission is not aware of what the site plan will look
like.
Commissioner Masse stated the applicant might need some guklance and Mr. Duffner indicated that is the
case, and that they have looked at an alternate plan that would meet the criteria set forth under the proposed
conditions, but in order to do so, they will need some direction. He explained as it is proposed, within the
50-foot setback they can provkle a 10-foot landscaped area, but will need the remaining portion of that setback
in order to accommodate parking and circulation.
Commissioner Henninger asked about the drive-thru aisle and Mr. Duffner answered it would include a
drive-thru aisle.
Mr. Duffner explained the depth of the lot is compromised further by the 12-foot dedication and he is aware that
the setback Is ftom the ultimate right-of-way and is seeking the Planning Commission's indulgence on an
interpretation. They're looking at an industrial zone, 12-foot of dedication, accommodation of the code to the
letter, ff not the intent, and feels they can make a plan work with that configuration.
Commissioner Henninger felt ff there is 10 feet fully landscaped, he did not see any real substantial dffference
between having adrive-thru stack lane there or a parking lot.
bui d ng Ssonft wl/ be a circullation element and he did no~ see any problehm with that~d ~ the back of the
Annika Santalahti darified to the Planning Commission the motel is both to the south and west of the subject
property•
ACTION: Approved NegatNe Declaration
Denied the Waiver of Code Requirement on the basis that the petitioner requested withdrawal of the waivers
at the public hearing.
Granted, in part, Conditional Use Permft No. 3774 with the following changes to conditions:
07-10-95
Page 6
JULY 10, 1995
ANAHEIM CITY PLl1NNING COMMISSION -ACTION AGENDA
_~
Modffied Condipon Nos. 2 and 9-(a) to read as fellows:
2. Pl~anning Commiss~ ~n as a Reports andaRecommendatons~emthe Zoning Division for review by the
9(a) The minimum structural setback (to the building, the ports-cochere and the drive-through lane)
shall be fifty (50) feet from the ultimate right-of way along Katella Avenue, in compliance with
Code Sections 18.04.080.010 and 18.61.063.010.011;
Added the fdlowing new conditbn:
That the proposed ordering speaker board shall be pointed away from the motel located to the
south and west of subject property.
YOyE; 6-0 (Commissioner Caldwell absent)
Malcolm Slaughter, Deputy Clty Attorney, presented the 22-day appeal rights.
07-10-95
Page 7
NAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
JULY 10, 1995
A
4a, CEQA NEGATIVE DECLARATION Approved
4b. WAIVER OF CODE REQUIREMENT Approved
4c. ~ONDI11ONAL USE PERMIT W0.3769 Granted
OWNER: ENDOWMENT REALTY INVESTORS, INC., C/0 TCW
REALTY ADVISORS, Attn: Eleanor Caprano, 865 S.
Figueroa Street, Los Angeles, CA
AGENT: CB COMMERCIAL REAL ESTATE, 3501 Jamboree Road,
Ste. 100, Newport Beach, CA 92660
LOCATION: 5626 East Santa Ana Canyon Road. Property is
approximately 10.63 acres located at the southwest
comer of Santa Ana Canyon Road and imperial
Highway.
To permit a 1,650 square foot fast food restaurant with roof-mounted
equipment with waiver of minimum number cf parking spaces.
Continued from the June 12, and June 26, 1995 Planning Commission
meetings.
CONDITIONAL USE PERMIT RESOLUTION N0. PC95.77
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPQSITION: None
Bill Camble, tenant/operator of Taco Bell Express, addressed Condition No. 2, regarding a unffonned security
guard at the subject restaurant. He stated he is in agreement with the Intent not to have disturbances, loitering
and noise on the property, but has a concern having it part of the CUP. He explained he already operates
other Taco Bell restaurants and there are a number of ways to handle the problems. He has added lighting in
certain cases and hired a roving guard service which stops on occasion or is on calf to respond. He further
explained in one case they had an unNformed guard and a police dog.
He expressed his concern with the limitations and the possibility of confrontation being developed regarding to
the security guard issue, but ff the Planning Commission deems it necessary, he would suggest a change in
language and suggested deleting the "Code Enforcement Division" and leaving ft up to the Pollce Department.
He also suggested changing the wording "to prevent .. ', to read: "ff loitering and noise disturbances .. "and
add the wording "do occur wffnin one hundred feet of saki restaurant. He explained in his opinion, the CUP
seems to relate to the entire center and he dkl not feel it should be his obligation to provkie a guard service for
other establishments. Mr. Gamble clarffied to the Planning Commission he would appreciate Conditlon No. 2
being eliminated or the suggested changes proposed being made.
07-10-95
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ANAitiEIM CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
Mr. Gamble requested that the subject establishment 6e allowed to stay open the same hours as Blockbuster,
until midnight each night. He referred to Condition No. a ,and stated he does not see a nexus regarding
adding G00 square feet or less.
Regard(ng compliance with the positive guidance for students at Canyon High School, he stated that condition
has not been imposed far any other CUP application in the center. He pointed out Carryon High Scholl is a
dosed campus, and the students are not allowed to leave for lunch. His experience (from other Taco Bells
near high and Junior high schools) is that the students who ftequent the Taco Bells are on their way to
somewhere else, be that their home, job, etc. He felt to pick Taco Bell as a destination is very unusual and he
did not see them generating additional traffic.
He continued "fair share" is another element that concerns him In that it is an undefined amount, and he dkl not
know how that is defined because there is no suggestion of that criteria. He added he is aware there has been
traffic accidents near the school and they seem to be as a result of people fuming into the schod or leaving
the school, but that he is not aware of accidents which mate to pedestrian traffic.
Mr. Gamble indicated they provided a traffic study to the Traffic Department, and that study discussed
pedestrian traffic and indicated that the facilities already existing were satisfactory. The Traffic Department now
mentions a new study. He stated they have not been able to see the new study and the Traffic Department has
not made it available to them, therefore, he is asking that this particta:ar section be deleted.
Jacqueline Ortega, Property Manager, CB Commercial Real Estate, Agent for the owners, Endowment Realty
Investors, 3501 Jamboree Road, Ste. 100, Newport Beach. She stated the original CUP for the subject Location
~- dki not have the requirement to comply with the positive guklar.;;e for the pedestrians and their understanding
is that the problem occurred after that time, with the extension of Imperial Highway causing increased traffic
and he feels it Is an unfair request.
She also stated the positive gukfance/signal proposed to be installed at Avenido Bernardo is to mitigate a
pre-existing school traffic problem, not one that is necessarily caused by the shopping center. He indicated the
owner feels they would like to participate in their fair share to mitigate the existing problem, but do not feel their
fairshare as being one-third and suggested that perhaps 10% or not to exceed $15,000 would be more
appropriate. They want to get the issue resolved and they want to comply fairly, but do not have a dollar
amount and ff they continue to wait, it will prolong the tenant who is trying to get his business started and
asked for the Planning Commission's consideration.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Messe asked staff ff the high school district was notified of this hearing and ff they responded.
Jonathan Borrego, Senior Planner, indicated the principal was notffied of the request, but he was not aware of
any formal response.
Commissioner Bostwick rele~red to the back of the building, and felt there might be congreg;,tion of students
and/or people loitering and asked the applicant ff they would be willing to provide lighting in that area.
Jacqueline Ortego replied it is definitely a possibil'dy and that they had a lighting study done on that center to
be sure to mitigate any possible liabilities for their ownership and she will certainly look at that again. If more
lighting is needed, they will put whatever the Planning Commission requires in that area.
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JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
Alfted Yalda, Principal Transportation Planner, Indicated since the opening of the shoppingP entpeer, thThe agent
been approximately 21 additlonal conditional use permfts, which has intensified the use of ro rty. ;~
saying that the shopping center (s not doing anything to the area is a statement that needs to be looked at. ~
The subject establishment will increase the number of pedestrian activities, especiTahliey concemeis hat the new
indicated the traffic has increased 40096 since the opening of Imperial Highway.
use will bring additional traffic and will encourage more pedesMans to cross Imperial Highway. He dkl not feel
ttre amount for the "falr share' is an unreasonable reque~M.
Mr. Yalda indicated the traffic study is presently in P draft stage and P sooe i s~i~j~ r~~ ae~~ t theh"fair
public, he will be more than happy to supply the a plicants with a co y.
share", he will leave it to the Planning Commission's decision. ;~
Commissioner Henninger asked Mr. ~ ain the traffic safety(ng at closing the left-tum lanes Into the shopping
center, which might be a way to ass
Mr. Yalda answered ft is an option that can be looked at and that on Imperial Highway there is an opening in a
median island for the purpose of entering into the shopping center.
Commissioner Henninger indicated it might be less expansive than having a traffic signal. Mr. Yalda stated he
wasn't aware how the shopping center would feel because it would cut them off completely us far as the
school is a closed campus to students still run across ImperialtrHlghway. ment and even though the high
~~- Commissioner Messe asked if the study being done addresses the pedestrian traffic that comes frborm he has h
school. Mr. Yaida indicatsd the study dkJ not take actual numbers because the use is not there,
made a vory extensive field observation and has observed that the students cross everywhere and he is
concerned having a Taco Bell in that area whici•i will encourage more students to cross Imperial Highway.
Commissioner Messa asked Mr. Yalda if it is bad now. Mr. Yalda stated since the school is closed we can't
get information, but it will get worse.
Commissioner Bostwick indicated it is bad at any high school and stated students will cross the street wherever
they choose. He felt that the Planning Commission is trying to put an economic hardship on the center for the
traffic problems tt'~at have been created by the improvements and the general overall use of Imperial Highway
and that opening it to Orange dk1 not holp the situation. He then asked about the "fair share" portion.
oblem for the developer, not the
Chairwoman Boydstun indicated she felt the "fair share' should be the pr
tenant; that it is an overall problem and felt if the shopping center is causing the problem and ff they do not
will cut down ontthetrafficn9t sn'trthe problem of just thiis one business. uing CUPs, and as businesses go,
indicatiedima be theiintensiry ofsthe use is maxrimized due to the traffic surrounding t e siteths uses and
Y
Jacqueline Ortega stated that is not necessarily true, and that not all the CUPs intensified the use. She
expressed that they are more than willing to participate and do their "fair share", but are asking the Planning
Commission to reconsider the one-third "fair share", since they don't feel that is necessarily the right amount.
She clarified that they don't feel they are 3396 of the cause.
4 07-10-95
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JULX 10, 1995
ANAHEIM CITY PLANNING COMMISSION - AC?LION AGENDA
Bill Camule referred to the staff report dated June ifs, 1995, (Traffic Department) and it states observations were
made in April 1995, both on weekdays and the weekend, relating to both automobile and pedestrian traffic. It
says there were 134 people going across the intersection of Imperial Highway and Santa Ana Canyon Road
during the week, so he did not und~hrsta anning Comrt scion is hearing speculat on rather than facts and hem
is open. Mr. Gamble stated he felt
hoped they will take that Into consideration.
Allred Yalda responded to Chairwh mac ncemsis the ped~estria s who aec °ss~9 ~he middle ofithel street on
Highway at the intersection, but
Imperial Highway from the shhod to the shopping center, not at the intersection.
Mr. Yalda referred to anoths-: Taco Sell establishmen here wh ch will increase the number of pedestriansent the
establishment and he felt the same thing will happe
crossing itlegally on Imperial Highway.
Chairwoman Boydstun asked ff it OSeadn o~pm us and tha students will still cross all day longWas not sure but felt
ft doesn't matter ff it is open or c p
Chairwoman Boyristun responded that ft does make a difference and indicated she saw the difference at
Anaheim High School when ft was an open campus and then when it was a closed campus.
Commissioner Messe felt that he would agree with a fair share of 2596 and is willing to proceed with the
request.
Jacqueline Ortega answered that they agree and would like to get on with business.
Commissioner Henninger indicated their fair share is roughly $37,000 and Chairwoman Boydstun clarified it will
be a maximum of $37,000.
Commissioner Peraza agreed ~nD85 rtment requiring al seculriry guaird andothat it sh d depend~o thgarding
Code Enforcement or the Polic pa
incidents that occur.
scant made a good point regarding the loitering problem which the Police
Commissioner Henninger felt the appl ~ enin in the evening hours.
Department would normally be respondli'g t rtm n~tuas the applicant reiquestedh~pp g
He felt it should be left up to the Police Depa
Discussion then followed between the applicant and the Planning Commission regarding tl~e distanca and
agreed that the limit shou+d be within 150 feet of the establishment.
Commissioner Peraza stated regarding Condftion No. 7 that he felt the applicant should be given more time,
maykie until 12:00 a.m., which is approximately the same closing time as other establishments in the shopping
area.
Commissioner Bostwick Indicated in response to the applicant's question on Condition No. 2, the Planningroved
Commission might conskler adding after uniformed security guard "or suer other mitigation measures app
by the Police Department" so there is some flexibil(ty as to how ttiey can deal with it.
07-10-95
Page 11
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
Chairwoman Boydstun stated the Pdice Department might need Code Enforcement when the are unable to
respond and she felt Code Enforcement might be needed regarding t~ manpower hours.
Further discussion fdlowed between the Planning Commission p.::taining to lighting in the rear of the buCding
and other forms of security, and ff Code Enforcement/Police Department feel more lighting is required the
condftions can be changed by the Pdice Department or Code Enforcement.
ACTION: Approved Negative Declaration
Approved Waiver of Code Requirement
uranted Conditional Use Permit No. 3769 with the following changes to conditions:
Modified Condition Nos. 2, 7 and 8 to read as follows:
2. That a unfformed security guard or other acceptable security measure(s) shall be present at the
subJect restaurant ff required by the Code Enforcement Division; ~ /feetaf sub ect business.
loitering and noise disturbances occur within one hundred fifty ( ) 1
7. That the hours of operation shall be IlmRed to no later than 12:00 A.M., daily.
8. That the shopping center owner shall pay twenty five percent (2596) of the cost (riot to exceed
$37,500) of improvements for positNe guidance of pedestrians between the Crossroads Shopping
Center and the Orange Unhied School District facilities. Said improvements shall be selected by
~~ the City of Anaheim Director of Public Works from those recommended in the °Imperial Highway
Traffic Improvements Study" being completed by WPA Associates.
VOTE: 6-0 (Commissioner Caldwell absent)
Malcdm Slaughter, Deputy City Attorney, presented the 22-day appeal rights.
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Page 12
EIM CITY PLANNING COMMISSION -ACTION AGENDA
JULY 10, 1995
ANAH
5a. ENVIRONMENTAL IMPACT REPORT N0.281 (PREVIOUSLY CERTIFIED) I APP~oved
5b. VESTING TENTATIVE TRACT MAP NO 13533 (REVISION NO 21 PP
OWNER: BALDWIN CO., Attn: Diana Hoard, 168i! Hale Ave., Irvine, CA
92714
LOCATION: Property is approximately 14.5 acres located on the north and
south skies of Night Star Way aril approximately 375 feet
west of the centerline of Shining Star Court and further
described as Vesting Tentative Tract Map No. 13533 (Revision
No. 2) within Development Area 105 of The Summit of
Anaheim Hills Specific Plan 88-2.
Petitioner requests approval of a vesting tentative tract map to establish a
14.5 acre, 23-lot single-family detached subdivision including 22 resklential
lots and one open space lot.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
L
OPPOSITION: None
Diana Hoard, tyaidwin Comf'any, she stated they have one lot which was previously-approved in Tentative Tract
No. 13987 and that when h became a final map, because of fts location next to what would become a major
grading operation, ft was !:arved out of the final map and they are now asking for it to be Included into the
adjacent tract, ft is not a slew lot but simply a lot appearing in a different tract boundary.
Chairwoman Boydstun asked tf anyone was present to speak to this item; there was no response.
CHAIRWOMAN BOYDSTUN CLOSED THE PUBLIC HEARING.
ACTION: Determined that the previously certified EIR No. 281 is adequate to serve as the required
environmental documentation for subject request.
Approved Revision No. 2 to Vesting Tentative Tract Map No. 13533
VOTE: 6-0 (Commissioner Caldwell absent)
Malcdm Slaughter, Deputy City Attorney, presented the 22~1ay appeal rights.
07-10-95
Page 13
JULY 10, 1995
ANAHEIM CITY FLAN!i1NG COMMISSION -ACTION AGENDA
Approved
6a. ENVIRONMENTAL IMPACT REPORT NQ. 281 (PREVIOUSLY CERTIFIED) Approved with
6b. VESTING TENTATIVE TRACT MAP NOS. 15072. added conditions
15128 15130 15131 15142 AND 15143
OWNER: BALDWIN CO., Attn: Diana Hoard, 16811 Hale Ave., Irvine, CA
92714
LOCATION: Nr is aoa ximatel 28 7 acres located at the southeast
ra-rter of Weir Canyon Road and Oak Canvon Drives
Petftioner requests approval of the following six vesting tentative tract maps in
order to create a 167-unit condominium complex (with detached units) within
Development Area 205 of The Summit of Anaheim Hills Specffic Plan 88-2:
Vesting Tentative Tract Map No. 15072 (to establish a 6.2 acre, 2-lot, 31-unit
condominium subdivision) within Development Area 205 of SP88-2; Vesting
Tentative Tract Map No. 15128 (to establish a 4.3 acre, 2-lot, 30-unit
condominium subdivision) within Development Area 205 of SP88-2; Vesting
TentatNe Tract Map No. 15130 (to establish a 5.6 acre, 5-lot, 29-unit
condominium subdivision) within Development Area 205 of SP88-2; Vesting
Tentative Tract Map No. 15131 (to establish a 3.9 acre, 3dot, 24-unit
condominium subdNision) within Development Area 205 of SP88-2); Vesting
Tentative Tract Map No. 15142 (to establish a 3.5 acre, 2-lot, 25-unit
,`- condominium subdivision) within Development Area 205 of SP88-2; Vesting
Tentative Tract Map Nc± ' 5143 (to establish a 5.2 acre, 2-lot, 28-unit
condominium subdivision) within Development Area 205 of SP88-2.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: 1 concerned person spoke
Diana Hoard, Baldwin Company, explained they have an area that was previously referred to in the Specific Plan
as Areas 205 and 206. In the original approval it was planned for 76 single-family attached or paired-home
duplexes on approximately 30-foot wide lots and a flat condo pad of 90 units. In 1992 or 93 the area was
amended by combining Areas 205 and 206, transferring unused units from other areas in the Summit
development and a modification to the Specific Plan zoning portion which allowed it to develop either as
RM2400 which would be attached condos or RM3000 which allowed single-family attached/detached unfts or
townhouses. She further explained when they designed what they are proposing today, their Intent was to
create a product that would appeal to the market which is for traditional housing unfts, (detached single-family)
at a popular price.
offer a detached condo in a twide and sdhal ow setting wh ch would maximize the private ecreat onaltarea and
07-1095
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' JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
private space to the owner. It would requllre a reduction in the approved density. They have 270 potential units
and when they looked at the new concept, ft reduced that to 167 units, or 103 units less.
Ms. Hoard continued regarding the 92/93, amendment, and that they modified the setbacks on the street. She
Indicated she would like to discuss with tlhe Planning Commission the issue of public streets. It was staffs
interpretation that since it dkl not address what interior street setbacks are that they need to have private streets
to have a 10-15 foot varied setback on ttie ftont. She stated their preference in the public street is to minimize
the additional expenses that come wfth HOA maintenance.
Ms. Hoard referred to the 92/93 amendnent regarding the square footage of the recreation area, width of lots,
parking, Interior garage, street parking, £larage parking. She explained they did not provkfe an additional
common recreational facility because it wasn't required by the Code and ththereforeetaey fieel those features are
Specific Plan. The Summit has community features, (trails, schod, park);
part of the community and that is why they dkJn't provide additional common recreation areas or facilities. She
felt the project fs consisteM with the Specific Plan and stated she ~'.auld ask the Planning Commission to
consider approving the project with the public streets instead of private HOA maintained streets, but in either
case they will have public street standards.
Frank Nosalek, 952 Country Glen NVay, homeowner in the Summit Court Condominium Townhome project,
representative for the residents, expresired they do not have anything against the project, but would like to make
their feelings and concerns known. He stated that when they purchased the homes in that area, they expected
a certain quality development. The parcel of iand in discussion is directly across the street and the
homeowners of Summit Court would IiM;e to encourage the Commission to give the overall appearance of the
proposed project careful consideration„ with regard to how it will look when it is finished.
Mr. Nosalek stated he applauds the effort of staff who has done a good lob constructiont and heey weredreal y
and restated when they bought their homes, they expected a certain type
pleased with the plans at that time. He stated regarding the adjustments Baldwin had to make because of the
economy, they want to ensure that the homeowners do not become a victim of market forces and they are
concerned that the qual'dy of the look aril feel of their community will be consistent and palatable as they drive
throughi the streets.
Commissioner Messe asked Mr. Nosaiek ff he or the homeowners have any preference for Areas 205 and 206,
otn the same property than the previous approval nvolving t enclustePicondomiinu msrnow being 73 units less
Mr. Nosalek stated today is the first time he has seen the plans and h definitely looks better than what the
homeowners believed was going to be constructed.
THE PIUBLIC HEARING WAS CLOSED.
Comml'ssioner Peraza asked why K was dffficult for the neighbors to obtain Irfomiation ftom the Baldwin
Compamy.
Diane lioard indicated she cannot answer that question because personally she always answers her phone calls
and thin they do have a voice mail system; she then presented her business card to Mr. Nosalek.
07-10-95
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JULY 10, 1995
ANAHEIM ICITY PLANNINra COMMISSION -ACTION AGENDA
Commissioner Henninger asked ff the same staff in the Baldwin Company has been working on the project
continuousay for the last few months or ff there has been a change?
10995, and: Mr Freeman isrno longer employed with the company and thah ehe have fbeen major stafflngh,
changes and reductions in the number of paople.
Chairwoman Boydstun asked about gating the community and Ms. Hoard answered they don't wish to gate the
community. It has been their intention to have public streets and they cannot gate the community wit epthisc
streets. She added ff ft Is a requirement that they have to have prNate streets, they are not proposi g
time to gate it and ff they deckled to gate ft, she thought they would have, come back to City staff to get it
approved.
Commissioner Masse asked for staffs Interpretation regarding public or private streets.
Melanie Ad?n:~, °•~=~~te Civil Engineer, indicated ftom Public Works' standpoint, the streets proposed do meet
public street standards, and no gates would be allowed. She added she understands there are zoning concems
relating to public versus private streets.
Greg Hastings, Zoning DNision Manager, stated font yards in asingle-family home are not counted towards
recreational leisure areas; whereas, a complex that has private streets, as most condominium complexes do, that
~~ area is counted. Also, there is the situation of setbacks being taken ftom public streets, and they don't have the
st eeitebutrfor a public st eet, the would have the same requir mtets as thenunderlying T~u' gents for a private
Commissioner Henninger referred to the rear yard areas that are proposed on the plan, and stated the amount
~ecreat onal space standards i MsBHoard ystatedi in some cases the front yard) isfnecessary to ome up todthee
1200.
Commissioner Masse asked ff those were private streets, could they count the front yard?
Greg Hastings answered ff it is a complex rather than a subdivision, they could count ft.
Commissioner Masse clarffied then the recreational space would be met; and Greg Hastings answered it would,
ff they met certain requirements.
Commissioner Henninger referred to the private streets being an undue burden on the homeowners in relation to
the h mo eo~wnersein thee aMea ido nno want spat merit ~ookingrbuildings then this project carts niy meets theira~ ff
e
concems.
Melanie Adams Interjected that public or prNate streets do not become one or the other until the improvements
to a e~lyComimissionee Hbnninger~stated thely ae anccepted trad~t onaily. ~ the City Council is not obligated
P
07-10-95
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JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
i- ~
~.
Commissioner Henninger indicated he felt comfortable with the proposal; and Chairwoman Boydstun agreed that
it is a much better plan.
Malcolm Slaughter, Deputy City Attomey, stated he would like to add a condition, addressing a concern raised
by the City Attorney's Office; "that prior to approval of the first final map In this development area, a phasing plan
for tract recordation and construction of tract improvement shall be submitted to the City Engineer for review
and approval, to make sure they get an orderly construction of the area.'
Greg Hastings stated -, it is not the Planning Commission's decision to waive any of the recreational
requirements, that would require a public hearing.
Commission Henninger stated he though that is correct but is under the impression that they generally meet
that requirement.
ACTION: Determined that the previously certified EIR No. 281 is adequate to serve as the required
environmental documentation for subject request.
Approved the six (6) vesting tentative tract maps in order to phase the development of a 167-unit
condominium complex with single-femily detached dwelling units for Development Area 205 of SP88-2
with the following added conditions:
That prior to the approval of the first final map in this development area, a phasing plan for tract
recordation and construction of tract improvement shall be submitted to the City Engineer for review and
~- approval.
That Lot No. 13 shall be dedicated for use as open common space and the unit which would have
t ct~3aki open spaceeshall be maintainyed by the hom~eownera assrciationmodated elsewhere within the
VOTE: 6-0 (Commissioner Caldwell absent)
Selma Mann, Deputy City Attomey, presented the 10~day appeal rights.
07-10-95
''ale 17
PLANNING COMMISSION -ACTION AGENDA
JULY 10, 1995
ANAHEIM CITY
~ '~
~.:
7a. CEOA CATEGORICAL EXEMPTION , I~- 21 ~dvertisedJ
7b. CONDITIONAL USE PERMIT N0. 284 ~
OWNER: PARAISO RESTAURANT, Attn: Eva Fragosa,h420 S. rook~hurst St,
Anaheim, CA 92804
INITIATED BY: City-Initiated (Code Enforcement Division) 200 S. Anaheim
Blvd., Anaheim, CA 92805
LOCATION: 420 South Brookhurst Street. Property is approximately 0.50
acres lactated on the east side of Brookhurst Street and
approximately 619 feet north of the ceMeriine of Orange
Avenue. (EI Paraiso Restaurant).
City-initiated request to conskler revoking or modifying Conditional Use Permit
No. 284 (to establish a restaurant and cocktail lounge) pursuant to Zoning
Code Section 18.03.091 of the Anaheim Municipal Code.
CONDITIONAL USE PERMIT RESOLUTION N0. __
Continued to
August 7, 1995
~~ ._
FOLLOWING IS A VERBATIM TRANSCRIPT OF THE PLANNING COMMISSION HEARING.
IN FAVOR: 6 people spoke in favor of subject request.
Planning Commission requested that Mr. Kemey's (Speaker No. 3) comments t,' stricken out from the
record.
OPPOSITION: None
a ainst, includingdstaff, to pleaselistand so that we aan sweageverybody int and ou secretary wiD do that.ar or
9
Chairwoman Boydstun. Now, we ~ at the send of the testimony, i~f you have quest olns,tyou will direct them to
witnesses that are testifying today.
the Commissioners and we will deckle and we will ask the witnesses.
Good Afternoon, my name is Ralph Saltsman. I am an attorney, I represent the permlttee. This is not h`
application case, this is a case where you are dealing with an existing permit. It is a vested property g
Initially, let me point out that upon receipt of a notification of hearing, I immediately, or as soon as I could, t,ver
the Fourth of Juiy weekend, communicate with Planning staff to direct Planning staff to allow my office to receive
or at least review all pdice reports which would be the basis for moving forward this afternoon. That letter was
ignored, however, I did follow up with the telephone call on July 5, reiterating ~ ~ ry j~- 5M~ ~s to allow 3
requested that th9 material be made avaitabie fior review, Inspection, copy g,
some minimal amount of time to prepare.
07-10-95
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JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
It is my understanding that the statistical compilation presented to the Commission is the results of a number of
police reports. There are summaries of numbers of police reports, however, there are no times, dates, or other
actual incident reports that are made available. And, in fact,'n the staff report that was published, made
available to the public generally sometime after 3:00 o'clock this last Friday, July 7, no police reports were
attached except for one inckiant report concerning a December 1, 1994, inckent.
This Planning Commission, the City Attorney's iDffice, Planning staff are all, l'm sure as aware as I am, that
because we are not dealing with an application, because we are dealing with an existing business, a business
that has been operating for some extended period of time. This Commission is dealing with a vested right and
as such minimal concept of due process attach. Those concepts of due process are and have been for the last
70 years as pronounced from time to time by various United States Supreme Courts notice and an opportunity
to be heard.
At this point we have receNed something less than minimal notice and the reason that I say that is we have
been notified of the existence of a hearing. We have a staff report that was given to us several business hours
ago, that is, late Friday aftemooti. We have not receNed to this point actual notification of the basis upon which
this Commission wishes ~o proceed. We have summaries, we have numbers, we don't have those incklent
reports which generated those summaries or those numbers. And, in addition to that, if we are to be given an
opportunity to be heard as those words are defined by the courts over the last 70 ye2.rs, 71 years now,
something more than simply notifying the business of the existence of a hearing is required.
When I ask for Police reports, those police reports should be delNered wfth sufficien rtune t demonstrate it, but
~~~ can prepare a response. For example, it may be true and we'll never have the oppo hY
it may be true that,for example, of the three disturbances or two noise disturbances between January 13, 1995,
nd June 1, 1995, one, two, three or all of those could be attributable to another business. That attribution would
not be disclosable or something that could be testified to by those people who might be complaining. Thee are
certainly not indicated in any fashion whatsoever based upon the statistical compilation. If, on the other h»nd,
we were gNen the reports themselves, we could present evidence and testimony to this Commission that would
demonstrate to this Commission that none ofrtunSe we havepnot beenfgNen tihatiopportunity becauseuw don't
this business at all. We don't have that oppo ity,
have tha inckleM reports that underlie these statistics.
in addition to that, although I appreciate Chairperson Boydstun's offer to ask questions of, I'm not sure exactly
what the procedure would entail, but from what I heard just now, to ask questions through this Commission, that
is not the right to cross examine. It is conceivable that given a right to cross examine which the courts have
told us, over an extended period of time, is part of due process in even an administrative hearing, even before a
Commission, even before aquasi-judicial body as this is, this for purposes of this hearing, cross examination
means, someone testifying and the representative of the permittee, the vested property right owner, being given
an opportunity to directly question that indNklual. GNen that right, it is conceivable that the tes:;~~ony of the
person testifying against the permitted use could be completely negated, even to the satisfaction of the person
testifying. It could be that whatever they believe happened and is attributable to this business is wrongly
attributable or was wrongly attributed to this business and should be rightfully attributed to a dffferent business
or to some unknown cause and not to this business at all.
So in summary, let me put K this way, we are in no way prepared to respond at this time because minimal
concepts of due process have not yet been mat, assuming that they are met by way of provkJing discovery,
meaningful cross examine, I cross exam... cross examination, excuse me, I believe is necessary in order for us
07-10-95
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JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
to proceed. As I indicated in the letter that I submitted to this Commission through staff some time before 1:30
this afternoon in advance of this hearing, as I indicated in that letter, the property owner, the business owner,
and they are not the same in this instance, certainly have an obligation to INe according to the Municipal Code,
State law, Federal law where applicable, but on the other hand this Commission also has an obligation to INe
under the State and Federal constitutions. And I believe at this point the permittee may or may not be Wing up
to the law, I don't know, but I do know that given the manner in which this Commission appears to be intending
to proceed, unless something changes in the next few minutes, the Commission is not Wing under its
obligations to obey the law governing its conduct.
I will be happy to answer any questions ff I was not clear in any way. I would be t aanswer them. if the
Commission has any questions as to what I was talking about, I would be happy
Malcdm Slaughter, Deputy City Attorney. Yes, first, we do believe that there has been notice and opportunity
kin , so we think that basic requirement has
given, in fact the person is here and his attorney is eloquently spea g
been complied with. I have read the July 10th letter that I believe Mr. Bailsman signed. I can't really tell but
assuming that is true, he does not require, other than make demands on staff to secure documents. There is a
Public Records Act in this state. One may come in, identify records, and then may demand them. We are
obligated to provkfe copies of those documents ff that procedure is followed. It has not been followed to my
knowledge.
As far as the examination or cross examination, we believe that the minimal requirements by having the
questions framed to the Commission and then the Commission in determining whetbeing M you will, examined,
make sense, have anything to do with this proceeding and then asking the person,
we think that meets the necessary requirements. And IasUy I know of nothing as such that requires a formal
discovery proceedings, in these type of things, as you m1gM be looking at in a court. Having sakJ all that, I think
>< is up to the Commission as to whether they wish to extend time to the applicant to further prepare or not
prepare. That is a judgement for you to make. Thank you.
Chairwoman Boydstun -With all these people here. We should hear their testimony.
Commissioner Messe. Let's first determine whether we're going to give this gentlemen a continuance. I take it
you're asking for a continuance of this matter.
Ralph Bailsman. I'm asking for an opportunity to review police ~4oorts.
Commissioner Messe. Which would require your asking for a continuance?
Ralph Bailsman. Very true, very, very true and by the way this staff report was ..., i've had telephone
conversations with staff like last week. The staff report itself was not ready until late Friday attemoon.
Commissioner Messe. We know, that is when we get ours too.
Ralph Saltsman. I understand that, but this this Commission is the trier of fact. You don't need to have advance
notice of what's going to be said, maybe yc!~r don't....
Commissioner Messe. So you are asking for a continuance of two weeks?
07-10-95
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JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
Ralph Saltsman. I'm asking for a continuance with two weeks after we receive copies of ponce reports.
Malcolm Slaughter. I'm not certain that tf a request is made, that they are efther going to get or are legally
enticed to polce reports, in any regard this Commission may act solely on the basis of testimony that the
members of the public Input into the record here. The mere use ref the Police Department compilations that
show a public problem does not necessarily mean this Commission will act upon the specific acts that may or
may not be identified in those police reports. But again, 1 have no problem wfth a continuance if the
Commission is of a mind to do that.
Chairwoman Boydst~on. I'm opposed to ft.
Commissioner Henninger. There are a lot of people who took the time to come down today and I would
certainly like to hear what they have to say today. That doesn't mean we have to act today, let's hear them.
Commissioner Masse. In fact we could even close the public hearing after today and act some other time.
Ralph Saltsman. Firstly, the Planning Commission has al~~eady received this statistical break down. It certainly
generates some comment that I will withhold for later, i suppose whenever the Commissions ready to hear a
r3buttal, a response. But the Commission has already received this, it's part of the record, I believe. And ft
seems that most of these inckfents pertain to noise and noise disturbances. I would at least have a right under
anybody, I think, anybody's interpretation of what due process requires to know, to know what those noise
disturbance reports, if there are reports, contain.
,~ Chairwoman Boydstun. Maybe you will hear some of this from the neighbors and we'll know where they're
coming from.
Ralph Saltsman. I know, but what we are dealing wfth is a property right. I don't think anybody in this room
would like to see, put this in the context of looking at their own property, a house perhaps, a business, I don't
think anybody in this room would like to see theirrroperty right jeopardized bSe orieg toe aimoaon'tth nkn
trying to figure out what the case is ~!I about, the afternoon that they're suppo P
anybody would 11ke to be put in that posftion and I know that the constftution disallows ft. So what I am asking
far in direct response, I know attorneys don't directly respond, but let me, !et me try and do that now. What I
am asking for is, yes, a continuance for two weeks past the time when we would receive the police reports. By
tmade available) Theyewere noffpublic re~co d those~lpoliceeportsi being the basis foW this Commission to t be
proceed.
Chairwoman Boydstun. We are going to take the public testimony of the people that are here, they have come
and taken their time. We will not necessarily close the public hearing, we may continue ft at the end of that time
but we are taking their testimony today while they are here.
Commissioner Masse. Certainly of those people who will not be able to return in the two weeks. I would say
that we could limit the testimony to those people.
Ralph Saltsman. I appreciate that, oe Who took the time to comet herehto t stifyecanhnoC shou divot take or
not, the cornenience of those peopl
precedent over what the constftution requires. Thank you.
I 07-10-95
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' JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
Chairwoman Boydstun. Do we want to start wfth staff? Let's start wfth the testimony from staff.
John Poole, Code Enforcement Manager. Thank you Madam Chair, members of the Commission. John Poole,
Code Enforcement Manager. I will began the City's presentation regarding this matter. Along wfth me today are
representatives ftom the following agencies who can answer questions and give additional testimony. Code
Enforcement; Anaheim Police Department; State of Ca!ifomia Alcoholic Beverage Control; and Karen Dudley, the
Planner assigned to this case.
The EI Paraiso is located in the Brookhurst corridor which Commission will recall has been an area of concern
for the past few years and as we've looked into that area we've found that a lot of the problems have been
generated from businesses that were ariginally approved as a full-on restaurant with cocktails which have
become a night club with limited, ff any, food sales, admission paid at the door to gst in. This particular
business was originally approved in 1963 as the San Pam Chinese Restaurant with cocktail lounge. That
business continued until about 1989. At that time the business was closed for several months and opened in
1990 as the Pink Cadillac, doing business as EI Paraiso. Since that time we've had complaints off and on ftom
adjoining businesses and the residential areas primarily to the enderolyi 9tpr sipen~ oumerfso h kind of takes me
owner of that business and we also have met with the owner,
back when the attorney represents to Commission that his client wasn't aware of the problems there.
I was last at that property and spent an hour there with a Code Enforcement Ofticer on Saturday night, June the
17th, and we arrived there at approximately 9:00 o'clock and left at approximately 9:45 -10:00 o'clock, during
that time I saw no meal served in the restaurant, there was very IftUe food available to be served in that
_ restaurant. Nobody could get in the restaurant without paying a $10 admission fee. So in any stretch of my
imagination, as I review the original CUP for a full on restaurant wfth a cocktail lounge, can I believe that this
permit is being exercised as ft was originally approved.
We at staff recommend that this permit be terminated based on the following: that the permit or variance
granted is being or recently been exercised contrary to the terms or conditions of such approval or in violation
of any statute, ordinance, law or regulation and that the use or varianco for which the approval was granted has
been so exercised as to be detrimental to the public health or safety or so as to constftute a nuisance. And I'd
like to first call upon Code Enforcement Officer Yourstone to go over the Code Enforcement problems that he
investigated there in the past five years and then I will ask Randy We afnd thenefinall I w 11~^'"ome back wfth
representatives from the Alcoholic Beverage Control Agency to spea'~ Y
some closing remarks and then if Karen Dudley, the Planning Associate, assigned to this would 11ke to say
anything, we'll give ft to her.
Don Yourstone, Senior Code Enforcement Officer, City of Anaheim. On August 20, 1962, the Ciry Planning
restaurant and cocktaiRloungeowfth on-sale, sales of a9 ohol c beverages and meals.ft No. 284 t.o estaf~lish a
Since the Planning Commission's action on August 20, 1962, the Anaheim Police Department and Code
Enforcement DNision have receNed numerous citizen complaints ftom residents who INe adjacent to the
1995 Code Enforcement staff
EI Paraiso Restaurant located at 420 S. Brookhurst Street. On February 16, ,
contacted Sergeant Steve Walker of the Anaheim Poice Department regarding police activities in and around the
EI Paraiso Restaurant.i S t ®ea btu o~ckg wirh le dancingt t Sergeant Waik6mfurthe ndicated that thetlEl pa~raisoing
female dancers Axpos g
i 07-10-95
Page 22
ANAHEIM CITY PI_~1NNlNG COMMISSION -ACTION AGENDA JULY 10, 1995
Restaurant had a history of extensive police activities. Investigator West will be speaking to the Commission
regarding the police activities.
On March 7,1995, after receiving a citizens complaird regarding loud noise and music coming from the
EI Pareiso Restaurant, Code Enforcement staff conducted a survey of the neighborhood surrounding the
restaurant, contact was made with 20 citizens and business owners who live and work adjacent to the EI Pareiso
Restaurant. Ten (10) of the persons Interviewed had experienced problems with patrons loitering, throwing beer
bottles, fighting in the parking lot, also fresh and empty beer bottles were thrown oMo their rear yards. They
complained of the loud vehides racing engines in the early moming hours. Several of the business owners
stated that since the restaurant started valet parkfnp, patrons could use ..., would use their parking lot to avoid
paying a fee to park at the EI Pareiso and they would leave beer bottles, tresh and urinate in their, on their
parking lots. All of those surveyed Indicated that they feel that the operetion of the EI Pareiso Restaurant has
been detrimental to their neighborhood.
Code Enforcement records indicate that since, that between January 1, 1990, and June ;, 1995, over 30 citizens
coml- ;nts have been received resulting in code violations which include greffiti, displaying flags and banners
without obtaining proper permits, excessive noise, and vibrations of music coming from the property, excessive
noise from patrons loitering and racing car engines in the parking lot, drunk in public, urinating and throwing
trash Into the parking lot and neighboring yards.
On June 17 Code Enforcement Manager, John Poole, and myself went to the Ei Paraiso to conduct an
inspection of the business. We entered the business and found that the restaurant wasn't open to the public
`` and there were patrons standing and wafting at the front entrance We first inserected the kitchen area and found
manager, a Mr. Santana, and together we inspected the property. P
that the grill was on and one cook was standing next to the counter. There was no food being prepared. We
checked inside, inside the large walk-in cooler and found very small amount of food being stored on the shelves.
It appeared that this amount of food would not accommodate a larys amount of patrons.
Mr. Santana stated that the restaurant served a buffet at 9:30 hours and a $10 admission fee was charged to all
patrons to enter and they would be entitled to the buffet. Mr. Santana was asked what he would do ff some
patrons just wanted to come in for a sit down meal and he said that they would be allowed to enter and be
gh;en approximately 1 to 1-~ hour to complete their dinner and then they would be asked to pay the $10 cover
charge to stay or they would have to leave.
Mr. Santana showed us the area where the buffet was served and we did not see any hot or cold serving tables
nor was any food being prepared for the buffet. The lighting in the room was dim and a band was setting up
their musical instruments for the sights entertainment. Mr. Santana then showed us the other room located on
the north side of the building ai '. this room was in the same condition as the first room he showed us. The
lighting was very dim and there was music playing over the speaker system. No patrons were either, no patrons
were in either room. We didn't observe any place settings on the, uh, in the rooms to indicate any food was
being served.
We thEm went outside and observed a sign in the north parking lot stating valet parking only for a fee of either
$2.50 a~ $3.00. There were several employees standing next to the valet signs stopping atl vehicles entering the
parking icrt. There was no on-site parking provided for patrons who choose not to use the valet parking. These
patrons toad to use the parking lots to other businesses in the area.
~ C7-10-9J
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ANAHEIM CITY PLANNING COMMISSION - ACTION ATENDA JULY 10, 1995
At the end of our inspection we advised Mr. Santana that it appeared that he was -that his business was being
operated as a nigh club and not as a restaurant as approved by Conditional Use Permit 284, an,~ he Indicated
at that time that they needed to do that to remain, to make a successful business. Thank you.
Randy West. Good afternoon, I am Irrrestigator Randy West from the Anaheim Police Department, Vice Detail.
It is the recommendation of the Anahefm Police Department that the conditional use permit at the business
located 420 S. Brookhurst known as EI Paraiso Restaurant be terminated because of the following reasons,
we've had numerous complaints from reskfents living behind the subject property, complaining about the noise,
loud vehicles, fights in the parking lot, people urinating in the parking lots and traffic problems in the surrounding
neighborhoods as a direct result of the limited parking at the location. One neighbor, Ms. Tammy Martin, kept a
log of the activity happening at the location and tried unsuccess, unsuccessfully to gain cooperation from the
management at the location, speaking wfth the management at that location on numerous occasions.
The Anaheim Poice Department have responded for numerous calls for service at the location. That is what you
have a copy of in the staff report. I was asked by staff to do a comparison of two similar locations. I dkl a
comparison of calls for service from January, I believe June 1990 through June of '95 for the Ei Paraiso
Restaurant at 420 S. Brookhurst and also the EI Conejo Restaurant which is located at 1750 W. ~~j~coln. Both
locations are similar and that they are restaurants anc! are operating with a Type 47 ABC Lic3nse, also catering
to a type of night club crowd in the later evenings.
Between June 1990 and June 1995 the Pdice Department responded to 174 calls for service at the EI Paraiso
Restaurant. This does not include calls that came in frorri surrounding locations that were a direct result of
~y activity at this location. We have no way of tracking those. As comparison ir. another similar location, the EI
Conejo, also an ABC 47 Ucense, had 106 calls for service during the same time frame. That is an average of
13.6 more calls for service a year at the EI Paraiso than the EI Conejo. The calls at the EI Paraiso Included 98
disturbance type calls for service which included, alarm calls both audible and silent alarms. Sever.,teen (17)
assault and battery calls and fight calls and 6 assault with deadly weapon calls or shots fired calls.
We've had traffic related problems at the location due mainly to the fact that the parking area is strictly valet
parking and they generate a very large crowd in the evenings. Between 11 (November) '94 and z (February)
'95, one particular DUI enforcemant officer logged 160 citations issued to pedestrians illegally crossing the street
from the west side of Brookhurst to the east side of Brookhurst and going to the EI Paraiso Restaurant. This
was all in the late evening !ours, both going to the restaurant and coming from the restaurant. This is directly
related to insufficient parking at the location and is also a drain on police services for that particular sector.
Brookhurst, as you well know, is a six-lane highway with a posted speed limit of 40 miles per hour and atwo-
way left turn lane running directly down the center strip, directly in front of 420 S. Brookhurst. This particular
area although Iite during the nigh time hours, is still a hazard to pedestrians illegally crossing the street as
drivers regularly drive in excess of 55 miles per hour on the street. Also, that particular DUI officer has logged 4
DUI arrests of 21 years or older in which the drivers admitted to drinking alcohol at the EI Paraiso ~? ataurant
and also 4 DUI arrests in which the drvers taken into custody admitted to drinking at the EI Paraiso Restaurant.
Those dfivers were under 21 years of age and were allowed inside to drink.
We've had numerous vitiations of the Alcohol Beverage Contrd Laws which Robin Crabb from the Alcohd
Beverage Contrd Office will cover. These include the premise being cited for sales of alcoholic beverage to a
minor and also two other different complaints that were frnestigated by the Santa Ana area ABC office.
~~ 07-10-95
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ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
~y
We've had numerous Anaheim Municipal Code vitiations. On three different occasions irnestigators ftom the
Vice Unit found the business was providing entertainment in vitiation of City ordinances. On two occasions
investigators were in the location and observed females dancing partially nude wfth breast and bare buttocks
exposed. The location was charging an admission fee of $10 par persan to enter and no food was visibly being
served while the irnestigators were on premise.
On one occasion the irnestigators immediately cited the manager of the location following their irnestigation and
the observance of females dancing exposing their breasts. We have also receNed WE TIP complaints which are
gNen to the Pdice Department anonymously about complaints of sales of narcotics occurring inskfe the
business by employees of the business. Thank you, do you have any questions.
John Poole. If we could hear ftom the ABC.
Chairwoman Boydstun. Robin, what is your last name?
Robin Crabb. My name is Robin....
Chairwoman Boydstun. I'm sorry, your last name.
Robin Crabb. Crabb, C.R.A.B.B.
Chairwoman Boydstun. Thank you.
~_
Robin Crabb. I am an investigator with the State of Catlfom(a Department of Alcoholic Beverage Control and as
such right now, I am on an assignment which we calla "gall" program or a grant assistant program to a local
law enforcement agency. One of those grant cities is Anaheim and I have been designated as kind of a liaison
person to work with the Anaheim Pdice Department to essentially trai When I started this program in January of
concerns or problems or training that they may have within their city.
this year, I became aware of the problems that were ex...., that had existed and are continuing at this point to
together informatloia sooweican see what kind of~aehistolry we've had atithis loicat on~rtment to basically put
In our depz!?ment our files show the following: we show that the location with license ..., what we call a Type 47
license which is essentially - a gen- on-sale general public eating place which means it is a restaurant with full
alcoholic prNileges, meaning beer, wine and distilled spirits. With that type of license, they are entitled to have
people of all ages in there. They are not restricted to age 21 and over.
It was licensed as a corporation and in May of 1991, they came, or filed an application for what we call a stock
[ransfer which amounted to one of the existing stockhdders basically taking over 100% of the stock. At that
time we had several complaints and protests ftom residents within the area that they had experienced a number
of disturbances that they felt were coming ftom the existence in the management and the operation of this
location. Based on those protests, we had a hearing in which the license was transferred but not until, upwards
of about 13 conditions were placed on the license. At which time the licensee had an opportunity to review and
read and question and ultimately sign those conditions stating that they would operato that location under those
conditions.
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Some of those conditions just briefly, a lot pertain to prinrarny the operation as a borraflde public eating place.
Some address the Issue of live.... or just entertainment not beingi~ ibli ~contrdling parking lot problems.
parking was an issue, um, and security guards were an issue, p
Since that license transfer and the imposition of those conditions in'91, we've taken several, um, actions against
the licensee for vitiating conditions or other, uh, vitiations of the ABC, Aicohdic Beverage CoMrd Act or
Business aril Professions ~~!~de and basically what K amounted to in October or, yes October of 1992. We've
receved complaints ir, regards iu music, loud music, um, vibrations and parking lot noise ftom this location. At
had tcomplairrts andrthat t ey~were in vidat on and that thistwaulid be on~recordlylra theirr flleem on notice that we
In March of '93, another complaint was receved and verffied regarding loud noise emitting from the location,
wh ch 15 daysnwere~ stayed and in/ieu of the suspens onnthey wereoaliowed to pay a $1500.00 gnespension of
uh, violation of what we had as a condition that
In February of'94, we received another complaint and verified,
says their quarterly gross sales of alcohol ~nrot exceed their quarterly gross sales of food. An audit of thelr
rec;ards were done - of their books -and they were found to be in violation of this condition as well. They were
selling substantially more sales of alcohol than food. We Imposed a 30-day suspetsis, of which 15 of those
days were stayed, however, we would not allow them to pay a fine? In that after, ~ a fine. The sus tensions
have implied that if you have a 15~Jay or more suspension, you're not allowed to pay I~
was to be posted in May of this year, however, the applic..., the licensee has filed on appeal on that particular
suspension, so that one is still pending.
In ninety..., December of '94 we received complaints and we receNed reports from the Police Department that
would indicate there's been a vitiation, lewd conduct violation in the location of which we are currently filing
accusation and that accusation also includes a vitiation of sales of alcohdic beverages to minors, also includes
a violation of their cor+.!i!tion (r. regards to loud music. The licensee was again put on notice, in March of this
needed to respond to ius in~wrhing astto whaathey~were gointg t doetc~correct these probiems.ms and that they
held an Interview with our licensing supervisor
In the meantime in March, the 30th of March, the licensee, - held,-
in cur Santa Ana District Office and till of tfie parading violations meaning the deco.., the sales of a minor decay,
addressed at this hearing and the Iicens e~ordinterview,hex usenme, and the liceenseenwas again put on notice.)
A letter was received from the licensee's attomey, R wasn't Mr. Saltsman but another attomey, responding to our
notice of problems out there and in that letter they indicated that they, they were willing to opera~~ in
compliance with the rules and regulations and that what they wanted to do in order to alleviate soma of the
problems was to impose valet parking, was to put security in the parking lot and was to alleviate the entrance.
They were not going to allow anyone under the age cf 21 into their location.
Well the conditions that are on file with that license since 1991 implies they have to have val~t~pairaithe parking
should have been in place since 1991. It also implles that they should have had security g
lot, so that is not a new issue. That's something that should have been done since 1991. And as far as allowing
only 21 years of age and rider in, that basically is In, that that is not, would not be conskJered a public eating
place at that point. It would be conskfered more of a nigh club atmosphere and that you are allowing only 21
and older in and it's not apened to the public.
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ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
Ok, in addition to t~ at, I would like to just say that we've receNed several complaints ftom reskients. I've been
in contact with them over the last few months and they are still, uh, the last contact I had with them was in
March, I do believe, they were still having problems and experiencing disturbances ftom the noise emitting ftom
this place and parking lot disturbances also, thank you.
John Pole, Code Enforcement Manager. If I could Just end by stating, that we've inspected this business, both
announced and unannounced, on numerous occasions during the last five years and ~ r~enl~ Join ethics, as a
there we've found it to be operating what appears to us, in twenty something years expo 9
night dub and that's what we feel is operating there, way beyond what was originally approved as a restaurant
with a cocktail lounge. Also your staff report refers to the floor plan that was originally ~.pproved, the
configuration, the floor plan that's out in place today is that of a nigh dub, not of a restaurant. It's way beyond
what was originally approved in 1963. Kanen Dudley, the Planner that handled this is here, N you have any
questions of her or any of the other staff wre're here to answer those. Thank you.
Robin Crabb. Could I clarify one thing, I'm not sure I made it dear that on the pending accusation ti~twe have
in regards to the quarterly gross sales of alcohti vars..., versing food, I saki that they had ap ~ was the fact
particular accusation, they dk1 not appeal the fact that there was a vitiation. What they appeal
that we would not allow them to pay a fine in Ileu of the suspension time, so they weren't arguing that that there
was a problem Just they were not happy with the ....
Chairwoman Boydstun. It is a State law now that they cannot pay a fine and waNe that?
~~. Robin Crabb. If, if the suspension is 15-clays or more, then they cannot pay a fine.
Commissioner Messe. Then the appeal Is moot, I mean there's no, no real appeal, then?
Rc~:- Crabb. In my opinion, yes, that's true.
the n Pcentage of food versus alcohti here.igWhat was fouind to be theoai olhti sales, what percentage was that
Pe
comparati to the food?
Chairvvornan Boydstun. Do you have that ,information, Robin?
Robin Crabb. I don't know if I have that here Just a second ..., let me Just check to see if I have it here.
Chairwoman Boydstun. Karen, did you hawe something you wanted to add to this?
Karen D~xfley. Karen Dudley, Assorlate Planner with the Planning Department. At this time I have no additional
tesocmedou es t eth property owner and the userhor the conversation that lu had with~uh, their attomeye notice
P
Mr. Bailsman.
Commis:~ioner Messe. When we set this 1`or, uh, when we agendize this for this meeting, uh, when was the first
time the property owner was notified of that?
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ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
~~~-
V'
Karen Dudley. This was set for public hearing on May 1 of 1995 and the property owner was notified on
June 16th of the July 10th hearing, I received certfffed receipt notice back that they, that the property ovmer, Mr.
Jung received ft, his notice on the 17th of June and that Edgar, I think its pronounced Fergosio of Pink Cadillac
received ft on the 19th of June and Eva Fergosio who is the, the business owner record Per our business license
record, receNed ft on the 21st of June.
Robin Crabb. Um, ff you will excuse me, I found those percentages ff you would like ft.
Chairwoman Boydstun. Oh great.
Robin Crabb. OK the, excuse me, the audit was done to cover a period which would be the third quarter of
ve~rsush32% food sales,~now that aries~depending on the quarterathat you~look t~buti thatvwas the overall
percentages.
Chairvoman Boydstun. Thank you. I am going to open the testimony to people ftom the public. I would like
to have first, anybody who cannot come back in case we do continue ft so that we have your testimony. So is
there anybody here and may I see the number of people who could not come back. There's four, five. Alright, I
would 11ke to have you five gNe your testimony first.
Ralph Bailsman. Madam Chair, Ralph Bailsman again so that the record is clear, I heard that I would be given
an opportunity to not cross examine but to provide questions through the Chair for the Commission to pose to
~„ wftnesses.
Chairwoman Boydstun. When we're through wfth the witnesses, these people are witnesses also.
Ralph Bailsman. Not witness by witness, but after the end of ...
Chairwoman Boydstun. No, after ft's over.
Ralph Bailsman. Alright, that, that is less cross examination than even I anticipated when you first said ft,
Madam Chair, but thank you very much.
Chairwoman Boydstun. I'm sorry. Alright, would the five people please, -
Shirley Mendez. My name is Shirley Mendez aril I live on Archer, absolutely directly behind EI Paraiso.
Chairwoman Boydstun. GNe your number, please.
Shirley Mendez. 425.
Chairwoman Boydstun. Thank you.
Malcdm Slaughter, Deputy City Attorney. Mam, you were sworn is that correct?
Shirley Mendez. Pardon?
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ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
Malcolm Slaughter. You were sworn in, is that correct'?
Shirley Mendez. Yes.
Malcom Slaughter. Thank you.
Shirley Mendez. We are original owners on Archer Street, we dkl co-exist with San Pam for many years and
many of us did go there to eat, but when the Pink Cadillac approached and then came in, ft was horrendous.
Now the EI Paraiso is the same way and their lawyers saki we don't know that the music Is coming from there.
We do know ft because we're right behind ft and we F-now definitely what's going on. So this business of him
saying, wail their making ..., these witnesses are making a mistake, Archer Street owners, that's not true,
because we do know it's there.
Now I cannot come back when you, if you do, uh, have another hearing but we area ...., we've been putting up
with this, we have called the Pdice but ft gets to a point where you keep thinking well maybe their just thinking
we're crazy and they do come out, they have come out, but we got to a point now where we're just putting up
wfth ft, but ...
Commissioner Henning. r. You know you haven't really, uh, said what the problem is and I would like to hear
what the problems yon; are experiencing.
Shirley Mendez. The problem is the loud music, every night that their open and ft's not good music, it's the
~,_ boom, boom, boom, boom. My husband is hard of hearing and has hearing aids and H he could hear that, then
ft has to be loud and we have a daughter living upstairs and she wears ear plugs to bed every night that they
are open because she can't tderate ft. That's all I have to say.
James Johnson. My name is James Johnson, I too live on Archer Street at 500, across from the Mendez's. It
so happens that I am directly east of the EI Paraiso and, in excess of 300 yards east, I moved there in 1964. I've
had an occasion to see the changes that have occurred. I have not kept a log of the episodes or incidents that
I am aware of but ft does happen with the degree of frequency and ft so happens thalace looking was ~o the
between, uh, the Simon house and another that I can see straight through from my p
business in question and that funnels right through that canyon of unobstructed b~uilming~sofrnom~the ~n hmystreet
and, the noise that impinges upon us is that of that music that is boom, boom,
nose is reater thanaft is needed simply to hear in the Dorn where the mus c isi being generated. IThanktyouthe
9
Commissioner Henninger. Before you sft doH~'., could I just ..., so is your, is your complaint Just about the noise
or is there other things that....
James Johnson. Well, the number one is noise. There are people who, uh, frequent our street that we've never
seen In previous years. I'm not sure where, where they came from but they didn't use to walk up and down
Archer and they are. oh, people who appear to be homeless and certainly substandard in their dress.
Sometimes people meet on that street and they make some kind of exchange between their hands and then
they disappear again. So I don't know what goes on. But the thing that really, uh, sometimes awakens or
keeps us awake is the noise coming from Brookhurst.
Chairwoman Boydstun. Thank you.
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JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
,
. ~ t, •1. • 1 1 h........-.•1......1
.. .. .._ _ ~. n_~f-~ .,..e~l_ -.• 1 IA 1 • ie a~ W c, eac, ~e~m7"rtoc{av^°]
, ,
,
Chairwoman Boydstun. Thank you, there was someone else.
r~ Tamara Martin. 421 S. Archer. And I might, I'm planning to get away as soon as I can. I can't add a while lot
to what the residents have already Bald and by what's been documented to you. I made, I keep a log, I've kept
a log for the past 5, 6 years now and, it's full, there's more complaints on it, then, on how i live my nomrai I'rfe.
We would like to see this revoked based on the following things. I've had probably over 50 conversations wfth
Mr. Santana, :vfth 11rst Ron Newman, I believe ft was the first manager, after it changed from Pink Cadillac. I've
had one, possibly 1\NO conversations with, uh, Ms. Fergosio. Instead of calling the police many times, i would
call the place, the esablishment, because I hated to call the police over this. It seems petty even though I don't
get to sleep sometimes until 3:00 in the morning. And they had saki that they would control it, ft was the D.J., (t
was, his problem, they'll put in more soundproofing, they would have better control outside, some, the overall, ff
ft worked for a week ov two, it never, never continued the sftuation.
This place was built for a, as a restaurant, iC wasn't built for this type of establishment wfth the amount of sound,
amplification systems they have. The boom, boom, boom makes you think your riding along a teenager on a
highway. Our sleep's betsn disturbed, our peace and our welfare and even our safety.
I would 11ke to say to the percentage of food they serve now is less than they dkl in 1992. They tried to open a
ve~incet~tion ofthe CUPI ft wws suppose toebe sensitive to the needs of the neighbors and it creel y ~Snm the
N p
anymore.
Let me see, some neighbors want to move, we're hopes, we're in hopes of a redevelopment in that area
because of the blight ar~d what is happening, you can't get a legitimate business in there now that wants to put
in a new business. Recently next to them that we had a Marie Callendar's and, uh, next someone tried to open
a topless place there, which, that's what their attracting because of the amounts of cars, uh, traffic. Now the
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JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
reason I know that ft comes from this place and I'll stand on record for this, I get out of my bed and I go the
hundred feet'to my back yard, I have a very big lot and I look to see where ft's coming from, I know where it's
coming from, my husband wilt attest to the fact that my hearing and my sense of sound is, uh, he doesn't like ft
because I can hsar andl tell where something comes from. I'm sorry that their business has not operated in a
good way, but ft hasn't. It has not maintained ft's Integrity or any sort of, uh, commitment to the neighborhood.
Thank you.
Chalrwoman Boydstun. I believe there was one more person who said they would not be able to come back. I
must of missed one when he was standing there, you both wlli be able to.
Sandy Blumberg, 2125 Victoria Avenue, which, is actually not at all in the tract from the people that you've been
hearing. In order for me to get to my home N I'm coming north on Brookhurst, I need to get IMo the far right
lane. Often times if you don't you will not be able to tum right onto Broadway for me to get into my tract.
There are sometimes cars coming out of Thrifty gas that if your not there you won't be able to make the tum.
Anyways on one particular night, I'll just tell you the worst example that I have, I made a left from Orange
northbound onto Brookhurst and was in the far right lane. And I guess I dkJn't pay much attention but I had to
come to a stop behind the cars that were wafting to tum right for the valet parking into the EI Paraiso and I saw
what was happening to the right at the entrance to the restaurant.
There was a bunch of people loftering around the restaurant talking to the valet parkers. I don't know why they
weren't moving the cars. Anyway, I saw two men emerge fro OCe~~ to the ladies( l think thereswe a girls in y
dkf have open bottles of beer that they were drinking. They p
~. front of me from the looks of their hair, but I could of been wrong. Anyway. they were yelling loudly, very lewd
comments at them. My heart was pounding, I kept watching my side view mirror, hoping I could go around, but
as the officer said the traffic down Brookhurst is qufte fast so you can't go around those cars. Otherwise, you'll
be going from a stop in front of 55 mile per hour cars. Anyway, in just a matter of a few seconds those men
came up to my vehicle, I was stopped there, thank God my doors were ipcked, they dkf a few drum rolls on the
hood of my car. I'm sorry, my truck and yelled some comments and the man who approached on the right side
of my vehicle, attempted to open my door but they were locked. I could not hear the music from the restaurant
because I could only hear my heart beating. Anyway, they proceeded to continue, I started honking my hom.
The traffic moved enough for me to go around them just a little bft and I continued down. I could see them
running in the street in my rear view mirror. I saw two other men come up behind the car that was in front of
me, also carrying open containers.
I went home, I was shaking, I called the Police Department. I followed up wfth a letter to the Police Department
us sa d lewdell we can't cont oltwhat goes oneoutside. But they we eudefinftely f~romt hamrestaurant.~~ger who
1
Chairwoman Boydstun. Thank you, there was one more.
Ms. Caplan, 401 S. Archer Street. I'm not going to repeat what my previous neighbors have saki, but, I have a
fear when I hear the screaming and the fighting; in my, from my bedroom at nag s I' that's onei feaofl I~ eineAthdat
if the fighting goes on and on I might get a few bullets come through my house, o,
sometimes I ust
number two, is I did not call the police on many occasions because aM3:00n mho's homi a from college, he told
take the pillow and put ft over my head and try to go back to sleep. y
me in fact, Just last night that at 3:00 a.m., he heard all the screaming and shouting coming from the parking lot.
That's ail I have to say, thank you.
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CITY PLANNING COMMISSION -ACTION AGENDA
JULY 10, i995
ANAHEIM
~~
Chairwoman Boydstun. Thank you. Mr. Saltsman, these flue people will not be able to return, so ff you havA
some questions on their comments would you let us know what they are?
Mr. Saltsman. How do we do that? I do have questions, what procedure would you like to follow?
Chairwoman Boydstun. if you will tell us what your questions are and which persons they were, then we will
deckle and ask them arrJ ff they are pertinent.
Mr. Saltsman. With respect to Ms., I'm not sure the name, uh, I didn't see lt, I only heard it, perhaps lt was
John Slokman, he's a staff person, first Person who spoke.
Chairwoman Boydstun. Uh, these are the five people that are not going to be at~le to come back.
Mr. Saltsman, Yeah, I understand. The first person who spoke I dkf not catch a name ...
Chairwoman Boydstun. Mendez.
Mr. Saltsman. Would you like a 11st of questions or would you like me to ask the question, have the Commission
then ask the question of the ....
Chairwoman Boydstun. Give your list of questions.
'~ Mr. Saltsman. Alright, um, this list would change based upon the answer to the first question, would you still like
me to give you a list of questions. in other words, I have, I have a series of questions, each questioned covers a
different topic, um, ...
Chairwoman Boydstun. Alright what is your ques....
Mr. Saltsman. Eased upon, based upon the answer to the question that would generate other questions, that's
the way cross examination would work.
Chairwoman Boydstun. Alright what is your question for Ms. Mendez?
Mrt nolw wait formheilflrstianswer aund hen wheno! have the flrstu answer ask the next question or um,ti'ms that I
go ,
unclear?
Chairwoman Boydstun. Go ahead and give us the question for Ms. Mendez and we will check. If it's pertinent
we will ask her.
Mr. Saltsman. Madam Chair do you not understand my concern or, or you Just don't care, I'm confused?
Chairwoman Boydstun. We're going to get you an answer to the first question so that you can go on.
Mr. Saltsman. Oh o.k. good, I apologize, thank you very much. I would like the, um, specific dates when each
of the occurrences, uh, she indicated happened.
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JULY 10, 1995
'ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
~.,'
Chairwoman Boydstun. Well I doubt very much that she brought a log with her, but, um, can you give any
response to that Ms. Mendez
Mr. Bailsman. Madam Chair is she going to come up forward.
Chairwoman Boydstun. Yes.
Mr. Bailsman. O.K, thank you, good, thanks.
Chairwoman Boydstun. They do have a log.
Shirley Mendez I do know that for the last several months, um, Saturday and Sunday, uh, the loud music
emulating ftom the night dub has gotten worse. I only started keeping a calendar In February 2 -loud hollering
in the parking lot; February 3 - 2:30 a.m., that was 9:00 p.m. the night before, loud noise of cars in the parking
lot; February 9 -late car alarms, boom, boom music; February 12 -10:00 p.m. on loud music, hollering
emanating ftom the parking lot and this goes on and I believe you all have a copy of this, and this goes on
February, March -10:00 p.m., parking lot noise and ...
Chairwoman Boydstun. Shirley, Just a minute, lets give Mr. S~Rsman a copy of this ....
Brief discussion occurred ftom the audience in regards to Mr. Saftsman receiving a capy.
Mr. Bailsman. If the question is have I receNed a copy of this, no I have not receNed a copy of this.
. ~ Commissioner Messe. You now have a copy it, uh, contains Ms. Mendez's log as well as some others.
Chairwoman Boydstun. And this may answer a lot of your questions.
Mr. Bailsman. Excuse ..., through the Chair, I don't have h yet, but I suspect it's ..., now I have it.
Chairwoman Boydstun. This is .got a court room and we don't have to be drilled, anyways ...
Commissioner Henninger. Max ..., excuse me for a second, could you just hang on for just a second. Max,
couid you give us a little advise on how best to proceed hare, it seems to me that this doesn't work very well.
Brief discussion occurred which was not picked up on tape.
Chairwoman Boydstun. Alright ...
Commissioner Henninger. O.K
Chairwoman Boydstun. We're going to take a five minute break.
Chairwoman Boydstun. Would everybody please take their seats? Would you please take your seats so we can
get on with this? Mr. Bailsman, I'm going to suggest while you question these six people.
Mr. Bailsman. Yes.
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Chairwoman Boydstun. That you go over to that microphone right over there, so that they can see you and you
can see them and you won't be stepping over each other.
Mr. Saftsman. That is a good kfea.
Chairwoman Boydstun. And that is alive over there, ff you would go over there please.
Mr. Bailsman. I'm on the way.
Chairwoman Boydstun. Alright, Shirley, Ms. Mendez, would you please ..., now, we are going to..., is that
microphone alright ...
Mr. Saltsman. If K works, it's alright.
Chairwoman Boydstun. Ok, h works. We will give you a couple of minutes to question and ff we feel they're not
pertinent questions, we will say so.
Mr. Saftsman. O.K.
Commissioner Henninger. So, we're sort of in the middle of the- the answer to the first question.
Chairwoman Boydstun. t~uestion about ff you had specffic times, ff he has them...
.~ Commissioner Messe. He got the log.
Chairwoman Boydstun. And he got the log, so is there any other question of this one?
Mr. Saltsman. Well, now that I have the log, I'm not gonna comment on the fact that I could of had it before
today and I didn't ....
Chairwoman Boydstun. Thank yau.
Mr. Saltsman. However, alright thank you. Do you have a specffic recollection as to any of these incidents,
other than what you wrote down on the log?
Mrs. Mendez. Yes, I live right behind there, I witnessed all of them.
Mr. Bailsman. Alright, when you say, "witnessed", are you talking about you heard these inckents?
Mrs. Mendez t heard everything, yes.
Mr. Bailsman. Perhaps the record would more accurately reflect the question and answer through the Chair, ff I
would waft for the witness to finish her answer before I ask my next question and the witness allow me to finish
my question before she answers, that way we'll have a dear record.
Mr. Bailsman. Thank you. You have a specffic recdlection as to any of these inckents other than what is
written on the log?
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Mrs. Mendez I joint ista n pang Igo h the ~~ r homs~, t e squeal ng breaks and the In ise. ~ that was going on
from EI Paraiso,
Mr. Saftsman. Let me repeat the question, do you have a specffic recollection of any of the Incidents that are on
this log?
Mrs. Mendez Yes, I do.
Mr. Bailsman. Alright, with respect to the February 2, 1995, inckfent, did you see that incklent or just hear it?
Mrs. Mendez. Heard it.
Mr. Saltsman. Where were you when you heard it?
Mrs. Mendez. In my home.
Mr. Saftsman. Where in your home were you when you heard ft?
Mrs. Mendez In the bedroom and in the family room.
Mr. Saltsman. Alright, where in relation by direction is your bedroom ftom EI Paraiso?
~_ Mrs. Mendez. It's just, I don't know a, couple hundred feet south or maybe a hundred feet, right directly behind
it practically.
Mr. Saltsman. Are there rooms in between the r:^.,om where you were and the outskfa wall that is facing EI
Paraiso.
Mrs. Mendez. No.
Mr. Saitsman. Alright, when you heard the noise, about what time was ft, this is February 2.
Mrs. Mendez. I don't have my papers here, I gave them back.
Mr. Saltsman. I understand, now without, without',aving the papers in front of you, you don't, you don't have
an independent recollection?
Mrs. Mendez. I think your asking an awful lot.
Chairwoman Boydstun. 'T'his is a little bit ridiculous, Max?
Brief discussion/responses ftom the aud(ence took place that the tape dkl not pick up.
Mr. Mendez. Just a moment here, is this a cNil court? I will not have my wife cross examined by an attomey
without her attomey, don't say another word.
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Malcolm Slaughter, Deputy City Attomey. So that the members of the public un~ersta~ wW ich atbusinessrmay
The Planning Commission is conskfering the ~~ ~ time and unde~which it or~at least the applicants for that
or may not have been operating for somo pe
pemtft may have secured some rights to continue to operate that business. edtrigh~t i °~ ~hnue that and to
determine. The, the couRs have held that in such cases, there may be a veM
terminate that vested right, does require a hearing. Thera are certain procedural safeguards which the coin"s
have insisted upon and one of those rights or concerns that the court has raised is not necessarily the right to
cross examine directly, but certainly at least the right to inquire into the subject matter. Now, the witness who
has testified against the establishment would seem to me could reasonably be asked questions concerning their
testimony so that the owner or occupai~rt of the business which is at risk may determine the basis for the
complaints and whether they are percipient in the sense that that person is the one who observed them or dkJn't
observe them and so on.
here areesi pnificant isseues that w~eeare look ng atn As far a the other items~arelckoncemted, we wtfliss reply have
t 9
to take them in order on the agenda.
Chairwoman Boydstun. Alright, the next person that was, uh, there was James Johnson.
Mr. Bailsman. Excuse me, um, Madam Chair, I had only asked a few questions and I didn't get the answers
that, uh, that could be provided whether they are right or wrong.
Co~rmissioner Messe. You know the Chair said that you were going to have two to throe minutes per each
~ person and ft would seem to me you didn't use your time very wisely with the first person, so maybe we should
go on with the second.
Mr. Bailsman. Excuse me through the Chair, I was asking one question that was not answered and I had to ask
thme had Ibsen eaetendup just by trying) to get the answerrto the fltrst question~cient or insufficient, most of the
Chairwoman Boydstun. Well the lady has stated that she is not going to answer anymore questions without her
attomey. I don't know that we can force that.
Mr. Bailsman. I don't, through the Chair, I don't know that the witness has a right to have an attomey present,
she has provided ....
Chairwoman Boydstun, Max?
Commissioner Bostwick. I think if the owner of the property has a right to have an attomey, then I think the
wftnesses and the people who are testifying here have Just as much right to an attomey, Sir.
Chairwoman Boydstun. Please don't dap, because they ar jhbei~ g ~~son ~Pe and you just kill our secretary
when she, when that comes over when she's trying to type
Commissioner Messe. Not only that, but these proceedings will go much faster without a whole bunch of
audience hackling too, you know, 4hank you.
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ANAHE
L~
Commissioner Henninger. Perhaps I could ask the lady a couple of questions and, um, cause I think she was
doing a pretty good job answering the questions, could you come back up and le smbed~okom into yourwo
questions? So as I understand it, Your bedroom faces right, uh, Iike many peopl
backyard?
Ms. Mendez. Yes it does.
Commissioner Henninger. And this restaurant or bar or nigh dub or whatever it is, is on the other skle of your
backyard, is that ...
Ms. Mendez. Yes it is.
Commissioner Henninger. Is that what I heard you say?
Ms. Mendez. Yes.
Commissioner Henninger. So you've um, so you've heard loud noises from their music coming ftom that,
previously you said that?
Ms. Mendez. Yes, we have, Yes, i have, Yes.
Commissioner Henninger. I'd Iike to ask you, how often does that happen?
Ms. Mendez. Mairdy towards the weekend, Friday, Saturday and Sunday.
Commissioner Henninger. How long has it happened in the last, uh you know year, 'ast five years, last three
days, last three weekends, how long, how long has it been going on?
Ms. Mendez. The last couple years.
Commissioner Henninger. The last couple years, and, you know Iike one weekend a month, one weekend every
slx months, even weekend?
Ms. Mendez. Every weekend.
Commissioner Henninger. Every weekend and when that, have you, um, on those times you've generally, um,
just hear it, are you sure it comes from there, how are you sure?
Ms. Mendez. Very positive because many times I've gone out in the backyard and listened to be sure.
Commissioner Henninger. O.k., thanks.
Ms. Mendez. Your welcome.
Chairwoman Boydstun. Uh, do you have any questions for Mr. Jc`~nson, ff so I think ...
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JULY 10, 1095
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Commissioner Mayer. I have one more question ~~f Ms. Mendez, ff I could? Shiley, I recall that you and I met,
uh, fdlowing the weekend I believe ft would have been March theme .. t weekend and lyou actually, ff you recall,
together and you desclb~ed for me, several lncklents chat happen
took me into your backyanl and showed me over the fence, th~~ toge~ er and I justnwant to remtiryid youthat I
witnessed and heard at the EI Paraiso and we discussed, um,
do dealy recall that conversation and going with you arri hav(ng you show me where that was in your
backyard. So I wars to, uh, make that into the record that, you know, we had this discussion about this very
specific thing.
Ms. Mendez. Thank you.
Mr. Bailsman. Excuse me, through the Chair, am I not being allowed to cross examine this wftness any further,
and by the way ff she wants to have an attorney prasent, that, that's fine I don't want to ...
Chairwoman Boydstun. I think we have, uh, Mr. Henninger has asked all the questions ...
Mr. Bailsman. DkJn't answer my questions.
Chairwoman Boydstun. Well, they were in general to yours...
Mr. Bailsman. Madam Chair he dkJn't ask, he dkln't ask my questions ff I have a lght to cross examine, then
they would be my questions, not someone else's questions.
Malcdm Slaughter. I believe the Chair is in a position to call the next wftness ff they wish to do so.
Chaiwoman Boydstun. Do you wish to ask any questions of Mr. Johnson and please tell us and then we will
direct them.
Mr. Bailsman. I'm unclear do you want me to ask you to ask the questions or do you want me to ask the
questions direct?
Chairwoman Boylston. Yes, because we will deckle which ones are going to be asked.
Mr. Saitsmar~. I could do that, I don't think ft's satisfactory, but I could do ft. Where is he?
Chairwom~'+n Boylston. Mr. Johnson would you come up, so, he probably needs to se@ you to know what to
ask.
Mr. Bailsman. Mr. Johnson dkl you keep a log?
Mr. Johnson. I dkJn't hear your question.
Mr. Bailsman. Mr. Johnson dkl you keep a log?
Mr. Johnson. I said a while ago, I did not keep a log.
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(( ~ r~~
`~...~
Chairwoman Boydstun. Would you direct the questions that you would like to ask to us please?
Mr. Bailsman. Oh, I'm sorry, I forgot, we're, we're uh, I fcvgot, I apclogize. Uh, I would Ilke the following
questions asked, I would like to know spOCfflcaily times, dates and, uh, visual observations of any sound that
Mr. Johnson may have experienced.
Commissioner Meese. Visual observations of sourxt%
Mr. Bailsman. Visual observations of sowxf, ff sound can be Identified sometimes the source could be more
dearly klentified I.~y sight.
Mc Johnson. Well, I will say as I said eaifier, there's an open passage way between my house and FJ Paraisc
and it's in excessNe of 300 yards away to the west of me. And standing in my ftont yard, on :weekends
~,aac the
especially, and I don't have to site any particular weekend, because ft seems to be every weekend I can
boom, boom sound and that's the only sound that impinges on me. It's not any misbehavior of people, but it's
the boom, boom sound ftom the place. And ft comes channeled right to me and ft has been great enough until
my house is on the back, my bedroom is on the back skis of my house and I have been awaken by the sound
ftom that source. And I checked the source to know that ft's coming down that channel directly ftom that
building and that's as much .as I can say about that. I do know that there have been some changes in our
while neighbofiood since 1990.
Mr. Saltsman. Through the Chair, I would like to ask how Mr. Johnson verified where the sound was coming
ftom through ftom 300 yards away.
' Chairwoman Boydstun. Did you ever walk over to that area or cross the street and you could see?
Mr. Johnson. I've bean by the building and the presence of the building, I've seen the traffic congestion, I've
heard the sound and then, of course, on my street a block away, uh fts, the sound was coming ftom that same
source.
Chairwoman Boydstun. Thank you.
Mr. Saftsman. Through the Chair, I would like to, I would like to ask Mr. Johnson saw the or, or was in visual
proximi'ry to the business at anytim~ sound hey was hearing when he saw the place to ~~vhen the was in his s to,
so as to directly correlate the type
house.
Chaiwoman Boydstun. I think he answered that question.
Mr. Bailsman. I don't think so.
Mr. Johnson. Well, the answer is yes.
Chairwoman Boydstun. By saying he had gone around he '.gad heard ft, ft's the same. sound. Yes was his
answer.
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Mr. Saltsman. Alright, Mr. Johnson, are you aware of any businesses that also play music within, within 100 feet
or so of EI Paraiso.
Chairwoman Boydstun. That is not through the Chair.
Mr. Saltsman. I'm sorry through the Chair, I apologize again, I'm not use to this procedure, I'm sorry.
Chairwoman Boydstun. Neither are we.
Mr. Johnson. I know that there are businesses across Brookhurst to the west, that also make sounds, but the
sound I got was not ftom west of Brookhurst it was from east of Brookhurst.
Mr. Saltsman. Through the Chair, Mr. Johnson, dki you rely on any sound studies to verify whbther the sound
was coming ftom the east skle or the west skJe of Brookhurst.
Chairman Boydstun. No, thank you Mr. Johnson.
Mr. Johnson. Yes, Mam.
Chairwoman Boydstun. Do you have any questions for George Crane?
Mr. Bailsman. I still have mere questions for Mr. Johnson, I only yet begun. Is the Chair not going to entertain
ti_ . any further questions?
Chairwoman Boydstun. No, the time is up on him and we'?e going on to Mr. Crane. Dki you have any
questions for him?
Commissioner Messe. Mr. Kemey.
Mr. Bailsman. I have a Kemey, not a Crane, maybe I heard it wrong.
Chairwoman Boydstun. Is ft Kemey?
Brief discussion occured ftom the Chamber audience which the tape did not pick up the conversation.
Chairwoman Boydstun. Okay, thank you, Mr. Crane, uh, Kemey is not available, Tamara Martin, do you have
any questions for her?
the and ence, ff tcan't cross exam a M~irKemey even as minimally as I, as as i have obeensuhof applause ftom
Commissioner Messe. Why don't you ask that we not conskler that testimony then.
Mr. Bailsman. That would be fine.
Commissioner Messe. Why don't you ask that.
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ANAHEIM CITY PLANNING Ct~MMISSION -ACTION AGENDA
Mr. Saltsman. That, that would be fine, I would appreciate that and I would make that request
Commissioner Masse. That's fair enough.
Malcolm Slaughter, Deputy City Attorney. I would ask the Commission to order the Secretary to strike
Mr. Kemey's comments ftom the record.
Chairwoman Boydstun. He was speaker number three.
Malcolm Slaughter. Thank you.
Mr. Saltsman. I appreciate the suggestion, thank you. Um next, uh, i have is Pamela Martin.
Chairwoman Boydstun. What questions do you have for her?
Mr. Saltsman. Firstly, is it Tamara Martin as oppose to Pamela.
Tamara Martin. Tamara, T.A.M.A.R.A. What's your name, what was your name?
Mr. Sa:~sman. Saltsman, I have a card ff you want.
Mr. Saltsman. Ms. Martin Is it fair to sayer smo hef~~in9 Io~t asaopposed lode interior of any premises? f~
minutes ago, maybe 20 minutes ago, pe
Tamara Martin. It's about equal, the sound is about equal, uh, ft just depends on what night and how well the
attendants are working and various other factors.
Mr. Saltsman. And, I'm sorry, I did it again and I do apologize, I dkJn't mean to, I'm song. Uh, through the
Chair, next question, um, on those evenings when you heard, um, music as opposed to parking lot sound were
you able to visually verify the source of the sound?
Tamara Martin. As visually as possible, yes.
Mr. Saltsman. O.k., how far away is your house ftom, from uh the business that's in question?
Tamara Martin. The distance from, !don't knowoexactl s ab~ou~11 5 feet deep~l think so ills probably another 70,
give ft about 70 feet and then my back of my p party
that's 140 feet.
Mr. Saltsman. Are you, uh, through :he Chair again, are you aware of any, are you aware of any, uh, businesses
wfthin 100 feet or so of EI Paraiso that also provkfe music?
Tamara Martin. I believe that there al oth~~ t f75 feast There isethe Ritz DanceiHallrand tShe have had a
100 feet than another 100 ..., maybe
sound study and no noise emanates ftom their place. Occasionally we have some sounds that come ftom, my
goodness rc's a little teeny, a little teeny place, because I pn usually dNferentiate, I go check at the fence, I can
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see them and see, uh, you get pretty dose to where the sound is coming ftom. Sherwoods no noise comes
out, Just drunks and then ...
Mr. Saltsman. Well, I, I, didn't hear ...
Ms. Martin. Pardon me, pardon me, I'm sorry ....
Mr. Bailsman, I missed something, no noise comes out, but ...
Commissioner Henninger. She mentioned the place called, Sherwood.
Ms. Martin. I'm sorry a lot of inebriated people come out of that place and, I have driven around also and
stopped En ftont to see where the sound is coming from and to watch. I used to park over at Taco Bell and
watch what was going on and hear the sounds. At the same time I don't know, you can't see sound, you could
only hear lt.
Mr. Saltsman. I'm with you, um, through the Chair, uh, when was lt that you were able to watch the, um, the
um, business, EI Paraiso, to ver'rfy sound, what time period was that?
Mbecauseil washtrying to work wh dialogue wi9th the owners at he t mae and the maniagemenways keep a record
Mr. Saltsman. Through the Chair, do you know what days of the week the business is open or closed?
Ms. Martin. Yes, I do, Wednesday, Thursday, Friday, Saturday and Sunday.
Mr. Saltsman. The business is closed Monday, Tuesday?
Ms. Martin. Yes. So is the Ritz closed on Monday and Tuesday.
Mr. Saltsman. How about the Sherwood?
Ms. Martin. No, I believe lt's opened 24 hours a day, I don't know, I really don't know, I'm song, I just don't
know.
Mr. Saltsman. Through the Chair, I want to direct your attention to April 7, 1995, 9:30 to 12:00, or well, it's
12:00 a.m., um, your log indicates you heard slamming doors, were you able to verify, do you have a copy of
the log in front of you.
Ms. Martin. Would you tell me the date again?
Mr. Saltsman. April 7, 1995.
Ms. Martin. Yes, uh, yes.
Mr. Saltsman. Were you able to verify visually, um, where the cars were located, where you heard the door
slamming.
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Ms. Martin. Yes I was, I weM out and I watched them squeal through the parking lot, slamming the doors,
engines rowing, car alarms, that was the night 18 car alarms went off. If they go off across Brookhurst, it's
muffled, the sound is muffled, they are very dear from EI paraiso.
Mr. Saltsman. Through the Chair, were you able to verffy that any of those cars belong t~ ~^.yone who was
associating in anyway with EI Paraiso.
Ms. Martin. The valets were parking them, they wear jackets.
Mr. Saltsman. I'm sorry.
Ms. Martin. They wear Ifttle Jackets that Idertiy them.
Mr. Saltsman. Dkl you actually, through the Chair, dkf you actually see valet, um, slamming car doors?
Ms. Martin. Yes, Yes I dkl. They also yell across the lot and they whistle occasionally, sometimes after they are
dosed, which Ms. Fergosio tried to stop the noise afterwards, it still has not stopped. Ane moming in the past
couch of months there was someone out till 4:00 in the moming.
Mr. Saltsman. Through the Chair, what efforts dkl Ms. Fergosio attempt to, uh, utilize to stop the valets from
making noise?
i Ms. Martin. She talked to them, I believe and it got better, it, it, it'll get better for awhile and then it just
~~ accelerates again.
Mr. Saltsman. So with respect to all those, through the Chair, so with respect to all those incidents that took
place on February 7, that was the valet?
Ms. Martin. Well, some were the valet, I dkJn't stay out there for four hours, they start about 9:30 or 10:00 and
go till about 2:00 ...
Chairwoman Boydstun. I think she has answered your questions and time is up wfth this witness.
Mr. Saltsman. Again, I have to disagree, I think I've only just begun, what we have rhseto ibe severalt pages in
Commission I think is going to consider, that I received a i°tle while ago that appea
length and I only asked her about a coupe of those dates.
Chairwoman Boydstun. The next witness, was uh, was it Sandra Blumberg, dk! you have any questions for her'?
Mr. Bailsman. I may, I don't know ff she kept a log or not, if I, and I'm looking through what I just got a little
while ago.
Chairwoman Boydstun. Hers was not a log it Hras regarding a traffic inckJent.
Mr. Saltsman. I have no questions for her. I have no questions for her.
Chairwoman Boydstun. Alright. Thank you. Nls. Caplan.
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Mr. Saltsman. I do have a couple of questions for Ms. Caplan.
Chairwoman Boydstun. Ms. Capiin would you mind coming up?
Mr. Saltsman. Through the Chair, uh, good afternoon, Ms. Capln, uh, dkl you keep a log at anytime?
Ms. Capiin. No I did not. Nor did I call the police and I just would like to make one thing clear, is I have a one
level house. The people who testified, they have two stories and they are able to look over and see and hear
the noise where it's coming from, so that's very important in what they said.
Mr. Saltsman. Do you know what days of the week, tY•rough the Chair, do you know what days of the week the
business is opened?
Ms. Caplan. I don't, but I heard what she saki, uh, I know that their opened Fridays, Saturdays and Sundays.
Mr. Saltsman. Through the Chair, have you ever called the business to complain?
Ms. Caplan. No, I'm sorry I did not.
Mr. Saltsman. And you testified conceming screaming, through the Chair, you testffied conceming screaming
and uh and uh ...
`,._ Ms. Caplan. Fighting.
Mr. Saltsnan. And fighting, did you see the screams and fights?
Ms. Caplan. No as I saki, I'm one story, so I have the wall, I have like a seven foot, six or seven foot wall, uh,
between me and the parking lot. I probably, I think, I'm not very sure where the cars park, but it's right behind
my house, I'm also about 120 feet from EI Paraiso, very close.
Mr. Saltsman. And through the Chair, ff I told you that the screaming and fighting emanated from the Sherwood,
would you be able to tell me that I'm wrong and no?
Ms. Caplan. As I saki that all my neighbors heard the sound and kind of pinpointed to EI Paraiso, so I would go
along with them and think lt was EI Paraiso too.
Mr. Saltsman. Okay, through the Chair your assuming that what you heard is from EI Faraiso based upon what
you heard from other neighbors, is that right?
Ms. Caplan. Uh, no I'm not assuming, I just think that, uh, according to what I feel as people who havelike gun
out of EI Paraiso whether their drunk or whether their high or whatever, I'm afraid of what can happen,
shots like I said, that is my biggest fear because of the fighting that happens and screaming and laughing and
giggling and I don't know ff their sane or not.
Mr. Saltsman, Ok, through the Chair ...
Chairwoman Boydstun. I'd like to ask, make a point wlth you Mr. Saltsman.
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Mr. Bailsman. Yes, Mam.
Chairwoman Boydstun. You're not familiar with that area, the Sherwood is dear down the street dose to
Broadway, so she certainly would know the difference between ff ft came fto~n the Sherwood or behind her.
Mr. Saftsman. I hav .... maybe, maybe not. ;f I tdd you ..., through the Chair, if I tdd you that the screaming
and fighting that you heard on the occasion that you testified to came from a business other than EI Paraiso you
could not tell me that I'm wrong. Isn't that true?
Ms. Caplan. Well, I could tell you h was wrong because as I said I have proof of my neighbors who Ifve up and
are able to look over, not only hear but also look, so I'll go with the majority.
Mr. Bailsman. Through the Chair, you are testifying based upon what you heard your neighbors testify as
oppose to your own observation.
Ms. Caplan. No, my own observations, I'm here because I'm inconvenienced, I'm not here because of my
neighbors.
Mr. Saltsman. Through the Chair ..., through the Chair ...
Ms. Caplan. Well maybe a very small percentage.
L Mr. Bailsman. Through the Chair, am I misunderstanding what your saying, but did you not just a while ago say
that you know that the noise or disturbances came from EI Paraiso because your neighbors have so testified,
isn't that true?
Ms. Capiin. All of us together, and I'm, I'm also right behind EI Paraiso, probably almost lateral, parallel not
parallel, uh, ...
Chairwoman Boydstun. I think that sh< <:-'swered your question, thank you.
Ms. Caplan. Thank you.
Mr. Bailsman. I have lots more questions, but I don't think there were any other people who test'rfied, other than
staff.
Chairwoman Boydstun. Uh, is there any of the staff that will not be able to be here when we adjourn, would a
..., uh, would you like to have him, ABC and see if he has any questions now, so that you don't have to come
back. Do you have any questions of ABC?
Mr. Bailsman. I may.
Brief discussion occurred from the audience which the tape did not pick up the conversation.
Chairwoman Boydstun. Okay, well tats let him see if he has any questions now and then ft's done.
Mr. Bailsman. I, I do have a number of questions, what's naxt?
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Chairwoman Boydstun. Weil this is Tike everybody else, You tiave a couple of minutes, so pick the ones you
want.
Mr. Bailsman. Through the Chair, uh, Ms. Crabb, are you relying for your testimony on any of your own
perronal observations?
Ms. Crabb. No.
the AnatheimnPdhce Departmentiorustatemetnts that hae tbeen givenutoyou bynuh,tnefghbars some of whomher
have tesiftied here today, is that not correct?
Ms. Crabb. In part.
Mr. Bailsman. And in part what other source of information other than your own files?
Ms. Crabb. Our own flies, from our own ABC offlce.
Mr. Bailsman. Okay, w,:;~ respect, I, I, I keep forgetting, through the Chair ...
Chairwoman Boydstun. Go ahead and lets get done.
+ Record that has hbeen conductadir so far in variouseABC~proceedings, isithat not olrriecgt~. ~~ the Administrative
Ms. Crabb. That's correct.
Mr. Bailsman. With respect, uh, to the appeal that is on file now that is a viable appeal as we speak, is that not
correct?
Ms. Crabb. I'm not sure what you mean, they °ied a timely appeal.
Mr. Bailsman. And ft's still pending is that not correct?
Ms. Crabb. Yos, in regards to paying a fine, yes.
Commissioner Bostwick. But, I thought that was a moot point because of the, they can't, they can't pay a fine
because the laws changed so ft's really a non ..., non-Issue, I mean you can talk about an appeal, but fts an
apWeai for nothing ...
Commissioner Henninger. The other skfe of ft was that ft wasn't, apparently they appealed the penalty they, they
had no, apparently they agreed wfth, uh, the crime, but they dkln't agree with the penalty, that's the way I
remember in the testimony.
Ms. Crabb. That's my understanding, yes.
Commissioner Messe. Is that the way you understand its
07-10-95
Page 46
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
l_~
Mr. Bailsman. I have a very clear understanding of what the appeal is, the appeal is based upon the fa(lure of
the department to accept a fine in Ilea of serving the suspension and ft has to do with, uh, It has to do with the
timing of the legislation, the underlying, um, administrative action was completed.
Commissioner Masse. So, it's still alive appeal.
Commissioner Henninger. Yeah, we're all in agreement on, on what's this about.
Mr. Bailsman. Fine, o.k., I have, uh, I have rio other questions of the investigator, thank you very much.
Brief discussion occurred between the Planning Commission which the tape dkl not pick up on the conversation.
Commissioner Masse. What we're caucusing over here is whether we should, uh, continue with this m.;~tter
today or continue ft to a later date and, uh, I think we have the applicant who has asked for a continuance and
that something we got to ...
Commissioner Henninger. Weil, I don't think a continuance, uh, the continuance that has been requested is
appropriate, uh, which was, the request was what two weeks after they received some information from our
Police Department, uh, and our Attorney is put into question whether that's even appropriate that he get that
information, uh, and apparently there's a procedure for getting that information, Max how long does that
procedure nomrally take?
Malcolm Slaughter. Well, if your talking about the Public Record's Act which I don't believe applies to police
reports such as we're discussing, uh, the person has to make a request, uh, for a identifiable document public
record if you will, uh, they are able to look at those generally speaking as they walk in the door, once they
identify what they want they may request in writing copies of those documents, uh, the City then has to make
them available within I believe 10 days of receipt of that, uh, request, unless there some findings made about,
uh, additional time if their burden some too many and that sort of, sort of issue, uh, those are the ways to get
the records, the public records ff you will.
Commissioner Henninger. As a practical matter in this, uh, case I mean they could come in and talk wfth
Planning staff and the records that, I guess your telling me that you think that some of these records are public
and others aren't?
Malcolm Slaughter. I'm quite certain that almost any document in the Planning Department, uh, concerning
zoning and tht are all public records anybody could look at them.
Commissioner Henninger. But, the Police Department records, do you think some are public and some aren't?
Malcolm Slaughter. Well, I I know that there are many which are not. I'm not willing to take a position on
particular documents at this point because frankly I haven't researched ft recently and I'm not sure what
documents we're talking about necessarily anyways.
and he~and t e uh i Police staff land ome away from in a relatively paid, uh, fashion wfth the documents we rs
believe he was owed.
07-10-95
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' JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENLIA
Malcolm Slaughter. I think that could be readily accomplished within, uh, probably three weeks of a receipt of a
request for the specific documents.
Commissioner Masse. You know the heart of this issue is the CUP and whether ft's being conducted in a
manner in which lt was granted, and lt would seem to me that much of the testimony today f w s nothing to do
with that.
Malcolm Slaughter. And I think that's up to the Planning Commission to exclude, uh, to the extent they feel is
appropriate ...
Commissioner Masse. Although ft's important that we, you know, that we ...
°.'alcolm Slaughter. I understand but I, I believe that's up to the Chair to determine, ff you will, relevancy
whether lt goes to approve or disapprove what's in Issue here, that's up to the board and the chair to make
those determinations and, uh, ...
Commissioner Masse. Or maybe whether there were 10 police calls in a month or 20 police cabs in a month.
Chairwoman Boydstun. It doesn't really matter.
Malcolm Slaughter. I don ..., I don't know if I could agree with that, I could see where the amount of time spent
nuisance and may well berelevaM. if3utthat~s dNferentthan the questiontof wihat'shsa deinlta specrfc epcrt blic
~.
Commissioner Masse. in each specific report, that's what I'm getting at.
what~hey contains do or do notksay sands o on and Ifidont~hink there'stan intenffionto offer those to theh, as to
Commission.
a balance between liquors anid ain.t, aend food and ill's been testified that that was not met is CUP there was to be
Malcolm Slaughter. I think that the, that one of the issue is whether the use is being conducted in accordance
with the grant under which lt was, uh, established that is one of the basis for which a, uh, CUP may be
determination of whether to restrictnuh~condition o~eliminate and terminate auCUF inithis case.ltimate
theyi wou d no be allowed tlo icharge an admission,hwhich under testimony wevhave that they do charge an o
admission.
Malcom Slaughter. And that is one Issue because I believe that one of the crlterialtw omething that the plai~ing
vitiated in the operation and to the extent that would constitute a violation of law,
Commission may consider in its ultimate determination of, uh, whether or not to impose, uh, total sancti.;n of
termination or something lesser than that, uh, to attempt to remedy the circumstances.
07-10-95
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' JULY 10, 1995
ANAHEIM CITif PLANNING COMMISSION -ACTION AGENDA
V
Chairwoman Boydstun. And on their CUP were they require ta, uh, provide parking for their customers or are
they allowed to have it all ...
Malcolm Slaughter. Your getting into fire specifics, I think should be addressed more to the Planning
Department than to me.
Commissioner Henninger. I really, you know my sense °fl think thats required by fairness andrand tt sounds
to have t(me to, uh, you know sort of examine this, thats,
pike tt's going to take a little time for them to gel that and uh, really i think my thought would be to continue this
maybe 6 weeks, I know that's some time, but tt saems ...
Commissioner Mc;se. What is the data for 6, our 6 week meeting and what is the gate for our 4 week meeting?
Chairwoman Boydstun. August the 7 would be the 4 week.
Commissioner Messe. August 7, and then the 21st would be 6 weeks, o.k. I don't have a problem with either
one of those. Do we have a Commissioner here that gots a problem for August 7?
Commissioner Messe. Okay, I'll move for ....
Commissioner Peraza. There might be, I go an jury duty on the, on the 4th, so I might be called to jury.
_ ?Commissioner Bostwick. Sir, your already on jury duty ...
The Planning Commissioners took action on a continuance for August 7, 1995.
hearing tt will be theifltstrttem on the age..likexcuseame the second item on the agenda thatrday andt uhf, so a
come prepared to talk.
Malcdm Slaughter. Yes, and I should point out that there will be no addttional noiice by mail, newspaper or any
other source given, uh, the notice your receNing today of the continued hearing will be all that you will receNe,
thank you.
Commissioner Mesas. And to expedtte matters, I might suggest, uh, ff there is a single neighborhoods emrean or
that wishes to address us ..., yilu know uh, have a spc,e;3sman, o.k., tt :night expedtte matters, a spo
two.
Chainoman Boydstun. Thank you all for coming end giving us your time.
ACTION: m alppli~canttoereviwuava table public documer>tslrelated to ~ hisirequest.eeting in order for
VOTE: 6-0 {Commissioner Caldwell absent)
07-10-95
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M CITY PLANNING COMMISSION -ACTION AGENDA
JULY 10, 9995
// ANAHEI
l~
No action
8a. CE~'iA GATEGORIGAL EXE PTION CLASS 21 Modified
8b. CONDITIONAL USE PERMIT N0.1978 (Rendvertlsed) (To expire 1-10-96)
OWNER: ~~AIS BB~ NB. PAS rdaAnahe mIRC~B~ S. PATEL,
INITIATED BY: CITY OF ANk••.~EiM (CODE ENFORCEMENT), 200 S.
Anaheim Blvd., Anaheim, CA 92805
LOCATION: 428 South Beach BoutevaM (PacMc Inn MMeI).
Property is approximately 0.36 acre located on the east
side of Beach Boulevard and approximately 461 feet north
of the ceMerllne of Orange Avenue.
City-initiated request to conskler revoking or modifying Condftlonal Use
Permit No. 1978 (~~ permit a 23-unit motel with waiver of minimum nurnber
of parking spaces, maximum structural height, and minimum landscape
setback) pursuant to Zoning Code Section 18.03.091 of the Anaheim
Municipal Code.
CONDITIONAL USE PERMIT RESOLUTION N0. PC95-78
FOLLOWING I ~ A SUMMARY OF THE PLANNING COMMISSION ACTION.
IN FAVOR: 3 people spoke in favor/A petition with 371 signatures in favor of subject request was
submitted
OPPOSITION: 1 person
John Poole, Code Enforcement Manager, stated staff is recommending modification of the conditions use permit
as outlined in the staff report and stated representatives from the Anaheim Police Department, Sergeant Steve
Walker; Don Yourstone, Code Enforcement and Karen Dudley, Planning Department are present. Mr. Poole
stated that the Planning Commission is well aware of the problems existing on Beach Boulevard and pointed out
that the Ruby Motel has recently been before the Planning Commission and the conditional use permit was
modified. The Pacific Inn is located in the Immediate area where the Ruob~y 8` sirs manager on severaivoccbasions
continual problems. Mr. Pole stated they have met with the property
to try to alleviate the problems, but that has failed.
Don Yourstone, Senior Code Enforcement Officer, explained that on May 2~~ 8723t ni pmo ~ ~9it~wa~e lo~
adopted Resolution PC79-100, 9rar>ting Conditional Use Permit 1978 to pe.
minimum required parking, maximum structural height and minimal landscapinz~ setback areas. He stated since
th~eVe la~nnei~g ~~me~ous cftizeno omplaints regard9ng the~conditions at theePacific Inn. ~e Enforcement
07-10-95
Page 50
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
Mr. Yourstone explained an April 15, 1994, the current property owner and business owners, Mr. & Mrs. Patel,
attended a meeting held Ira Code Enforcement DNision Ofllces with representatives of Code Enforcement and the
Anaheim Pdice Department. Mr. & Mrs. Patel were advised of the substandard housing conditions found during
a joint inspection with the Orange County Health Department and the increased criminal activities taking place
on the premises. On May 2, 1995, the Code Enforcement Division along with the Orange County Health
Department reinspected the premises and found that many of the substandard housing conditions were not
corrected. On November 1, 1994, the Code Enforcement staff contacted Sergeant Walker of the Anaheim Pdlce
Department regarding police activities at the Pacfflc Inn fn which Sergeant Walker mentioned they had Just
completed an extensive irnestigation at the location.
Mr. Yourstone stated Code Enforcement records indicate ftom January 1, 1992, to November 15, 1994, there
were 32 rltizen complaints, resulting in 121 code violations in which he explained. On July 6, 1995, Sergeant
Walker, Irnestigator Ingle and Mr. Yourstone met with Mr. & Mrs. Patel at their place of business and there were
still substandard housing conditions present, at that time Mr. Patel asked if he can have a 30 - 45 day extension
for him to complete the code vitiations because he was out of the country and wasn't able to comply.
Mr. Yourstone expressed because of the citizen complaints regarding the substandard conditions and the
criminal activities occurring at the Pe;:Wic Inn and because the owners of the business have exercised the
cltizens, Mr. Youres oneirecommendfs thatthe conditional use permft be modffied or other actin s~be taken.
Sergeant Wall;ar, explained that on June1992 the Anaheim Pdice Department Vice Detail be9ae ownerseofgtahteon
on the Pacific Inn, in regards to the numerous complaints of prostitution and drug activltY•
Pacific Inn were Mr. Suman Patel and his wife Nirm..:laben Patel.
Mr. Walker explained in detail and stated that on June 17, 1992, an undercover female officer assigned to the
Vice Detail dressed herself as a street prostltute and made lt very obvious that she should have been a
prostitute. The undercover female officer went to the subject establishment and posed as a customer and also
had a undercover male officer who was posing as her date, they were greeted by Mr. Suman Patel in which the
femalf3 asked Mr. Patel about the rates of the roam for one night and he tcid her $30. The female asked
Mr. Patel what the price of the room for one hour and Mr. Patel indicated $20. The undercover officers then
engaged in explicit conversation in ftont of Mr. Patel in which the male undercover offered to provkle the female
undercover money for sex acis. Shortly after they were escorted to their room, the undercover officers went
back to the office and were tdd by Mr. Patel not to mention that the room was rented for one hour.
On June 18, 1992, the female undercover officer dressed as a street prostitute, went to the establishment with
another undercover male officer into the Pacific Inn. The female undercover stated she wanted a roximaotely 30
hour in which Mr. Patel rented the room for $20. Both undercover officers stayed in the room app
minutes at which time the female returned to the office and contacted Mr. Patel anti asked if the room could be
rented for one night in which they made arrangements.
Th3 female undercover later arrived at the establishment with another male undercover. At that time they spoke
in ftont of Mr. & Mrs. Patel, the male undercover officer asked the female for two separate sex acts and
mentioned the amount of money that would be paid, the reaction of Mr. Patel was to laugh and reach over the
cowrter and shake the undercover officers hand. Both undercover officers went into the room for approximately
30 minutes.
07-10-95
Page 51
ANAIiE1M CITY PLANNING COMMISSION - ACTIO;- AGENDA JULY 10, 1995
V.
On June 19, 1992, the female underr~ver officer dressed as a street prostitute, went to the office of the Pacffk:
Inn with a male undercover officer. The female asked Mr. Patel how much for one night and he responded $30,
the female stated that was too much and Mr. Patel asked her how many dates will the female undercover get for
one night, she tdd him 3 to 4 a day. Mr. Patel stated she could have as many dates as she wanted, however,
she had to give him $10 per date. Both undercover officers went into the room for approximatelyr 30 m(nutes.
The female undercover went back into the office in which Mr. Patel tdd the female he usually charges $30 for
the room and an extra $10 ff she was :icing prostitution, at which the female undercover and Mr. Patel
negotiated a $5 per date.
On June 20, 1992, the underco~rers again rented the room for $30, discussions were made between Mr. Patel
and the female in regards to Mr. Patel receiving ;C10 per date and tdd her he would reserve a room for her and
he would not call the pdice. Further discussion fdlowed between Mr. Patel and the female undercover in which
the female asked ff anyone would sell her narcotics, Mr. Patel contacted a male who was registered at the motel
and arranged for the female officer to buy $20 worth of cocaine. The drug dealer came and sdd cocaine to the
undercover female officer for $20, the drug transaction was accomplished on the counter of the motel office.
Mr. Walker then continued explaining in detail the similar actions that continued to occur on the days fdlowing
June 20, 1992, and that Mr. Patel again engaged in getting drugs for the undercover female officer and sold $20
worth of cocaine. The transaction occurred in the presence of Mr. Patel.
Mr. Walker stated all the situations he has discussed have been recorded and documenpted and that amen in
warrants were issued to Mr. Patel and his wife for pimping, renting a room to a known rostitute, engag g
prostitute activities and conspiracy to sell narcotics. He further explained that a letter ftom Acting Chief Randall
~" Gaston was receNed to Mr. & Mrs. Patel which stated the Anaheim Pdice Department conducted a lengthy
undercover activity at the establishment which showAd the business was being used for narcotic trafficking, the
owners were warred about a red light abatement procedure in which nonetay penalties and possible closing of
the business could occur.
Mr. Walker then gave the history of pdice responses to the Pacific Inn in regards to the many disturbances that
have occurred at the establishment being attempted suickles, drunks in public, trespassing, narcotics, thefts,
prostitution, child endangerment, guns, search and seizure, assaults, etc. He continued giving the history of the
high number of calls to the Pdice Department ftom 1990 -present. Mr. Walker stated the Pdice Department
has spent way too much time at the establishment due to the illegal activities of the owners, Mr. & Mrs Patel,
and e>;y~~essed h appears that the owners are unwilling or unable to run their business in a safe legal manner
withorn causing a negative impact on the community and stated to this date there are still prostitutes renting
morns in the Pacific Inn Motel and narcotic deals are still being committed on the property and further explained
that Mr. Patel is currently on prabation until 1996 for narcotic related offenses as well as search and seizure.
Mr. Walker continued explaining the present problems at the Pacffic Inn Motel and stated he had cornersations
with the Ruby Inn security officers who stated the problems at the Ruby Inn are under contrd as long as they
are patrdling the lot, however, the problems that they encounter at the Ruby Inn are the result of the lack of
contrd at the Pacific Inn, it is now bleeding over north to the Ruby Inn and stated on June 7, 1995 the Pdice
Department conducted an undercover narcotic irnrestigation at the Pacific Inn, there ware three people arrested
for sales of narcotics. He then expressed tftat the problems have not gone away and the Pdice Department
requests assistance ftom the Planning Commission in placing strict conditions or other means which can be
monitored to force the owners to comply with the laws and city ordinances.
07-10-95
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' JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
,.
~~.
John Pole indicated the,a are 14 condftions that they a~eecom~moe motel management. fo and stated under
Condftion No. 10, the wording reads "that the property
that code ft is the motel operator/owner so he would suggest the wording to read 'that the owner/operator of
the motel ...°. He continued stating that the Pdice Department and Code Enforcement have made extensNe
efforts and this is the last effort that could possible be made wfth the owners to bring posftive changes. They
first had strong beliefs to request terrninatian and stated this is one last effort that will hopefully get the owrt-er's
attention.
Chairwoman Boydstun asked ff anyone was prcrsent to speak to this ftem.
Tim Ewing, 3154 W. Valejo Drive. He commented a large group was present today in the Chamber audience
(Beach Boulevard Concern Cftizens), but left because of the earlier ftem tha~wa han s~He has spok n wfth
was present in regards to the Ruby Inn and has since seen wonderful, pos 9
the securty officers at the Ruby Inn who indicated all of their problems come from the Pacific Inn. Last week he
wftnessed, in his opinion, a street prostitute walking from the Pacffic Inn area onto the Ruby Inn area, he
proceeded to watch and saw that the Ruby Inn security officer was arguing wfth the female in which she
eventually left the Ruby Inn area. iJlr. Ewing feels the Rubyrinn at thenPaciftc Innate that the Ruby Inn is not on
an even playing field because of the illegal actNfties happe 9
Carole Stanley, 235 S. Beach Blvd., Cherokee resklent owned park. She stated she Is a property owner and 12
year resident of Anaheim and is a registered voter. For the last two years she has been a member of the iBiad to
Boulevard Concern Cftfzens (BBCC). She explained due to the lete~jft o ~wihth 371 signartures of people who
leave and asked the ones !eft to stand. She presented a 22-Pa9 I
~`~ could not be present today in support. She then explained the illetial sftuations that occur on a daily basis being
prostftutes, loftering, pimps manharxli:ng prostftutes, exchanging ac-s of drugs, enormous amount of bicycle
traffic delNerfng drugs going Into and out of the Pacific irrn Motel.
Ms. Stanley relayed that on .luly 5, 1995 she prepared a 4-page detailad list indicating the activities that occur at
the Pacific Inn including a list of venides, license numbers, times and dates and tamed the list into the Pdice
Department. She explained that recently one of the members of the BBCC was a victim to burglary in her home,
they were able to give a very good description to work wfth and the Pdice Deaartment trackod the burglar
suspect in a room at the Pacific Inn Motel. She further expressed the problems they deal wfth in regards to the
Pacific Inn's noise traffic and gave her opinion towards the owners of the motel and what the motel is doing to
the Anaheim communfty. She further continued explaining the irnolvement the BBCC has made in trying to
dean up the Beach Boulevard area and feel they hav9 accomplished a lot in the past~ear be~sM t o ston theve
only scratched the surface aril hopes for the Plannin Commission's assistance by p 9
Pacific Inn Motel.
Jim Boiley, reskles at the Pacific Inn. Stated that he has no problem with the people staying at the Pacific Inn
theives stay atrthes Pacific Inn Motel. tHet furthertexpressed h s opin orn towards the BBCC. dNg dealers or
Frank Flgerell, resides West of Beach Boulevard, Anaheim. He stated he has rental property that backs up to
the Pacific Inn and the decay in the area is terrible. He explained that last year his place was burglarized two
demceainied nbequsekof the actions occurri g and he felt thetPlanning Comm ss on needs to help the sftuatioen and
stated he is against the CUP.
07-10-95
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' JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
~i
Suman Patel, 426 S. Beach Boulevard. owner of Pacific Inn Motel. He indicated he has given time to get all the
rooms worked on and is in the progress.
Commissioner Henninger asked ff the applicant has seen the proposed conditions to operate the motel in a
better way; Mr. Patel answered yes.
Commissioner Masse asked how long would it take to accomplish the improvements; Mr. Patel stated at least
two months.
John Pole, Code Enforcement Manager, indicated ~ duff en~ls too long tom. , ~'~e many of the conditions can
be met in a 24-48 hour tum around to make a ~
CHAIRWOMAN BOYDSTUN CLOSED THE PUBLIC HEARING.
Commissioner Masse felt that was a good idea so they could see some immediate Improvements and feels he
would not vote for a one year conditional use pennft and wants to see first ho~v fast the conditions could be met
before giving a time period for the conditional use permk.
The Planning Commission and staff continued discussion pertaining to the time limits of the conditions gluing
specific time periods; Commissioner Masse asked Mr. Patel ff he heard and understood the discussion ftom staff
as to the time periods on the conditions; Mr. Patel answered yes.
ACTION: Approved modffication to Conditiona; Use Permit No. 1978 by adding the recommended conditions
_ of approval.
Modified Condition Nos. 10, 13 and 14 to read as fellows:
10. That the property owner/operator of the motel shall comply wfth the provisions of Section
2.12.020 of the Anaheim Municipal Code pertaining to the operator's cdlection duties of
transient occupancy taxes.
13. That the property owner shall pay the costs of Code Enforcement inspect(Ans twice each
month for the first three (3) months ftom the date of this resolution, and as often as
necessary thereafter until the subject property is brought Into compliance, or as deemed
necessary by the City's Code EnForcement Division to gain and/or maintain compliance
with State and local statutes, ordinances, laws or regulations.
14. That Conditional Use Permit No. 1978 shall expire six (6) months ftom the date of this
resolution, on January 10, 1996.
Added the following conditions:
That Conditi~m Nos. 7, 8 and 10, above-mentioned, shall be completed immediately.
That Condition Nos. 1, 2, 4, 5, 6, 9 and 12, above-mentioned, shall be completed within a period of
seven (7) days ftom the date of this resdutlon.
07-t 0-95
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' JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
f
That Condition No. 3, above-mentioned, shall be completed within a period of thirty (30) days from
the date of this resdution.
That Condition No. 11, above-mentioned, shall be completed within a period of sixty (60) days from
the date of this resolution.
VOTE: 5-0 (Commissioners Caldwell and Mayer absent)
07-10-95
Page 55
TY PLANNING COMMISSION -ACTION AGENDA
JULY 10, 1995
ANAHEIM CI
ga, CE(~A NEGATIVE DECLARATION
9b WOND T10NAL USE PERMIT N0.3 5
9c.
OWNER: HOMESTEAD HOUSE INC., Attn: R. Brent McKee, 1601 E.
Cerritos Ave., Anaheim, CA 92825
AGENT: ROBERT B. MONTGOMERY, 33850 Cdegio DrNe, Dana Point,
CA 92629
LOCATION: 1601 East Cerritos Avenue. Property is approximately 16.11
acres located at the northeast comer of Cerritos Avenue and
Vemon Street.
To permit 260,00-s:~uare feet of retail sales of househdd furniture in
conjunction with a 240,00-square foot furniture warehouse (including the
construction of an approximate) ~in0 goo ch~ hndnimum landscap ng atrst eet
minimum number of required pa 9 Pa
frontages and minimum parMng lot landscaping.
CONDITIONAL USE PERMIT RESOLUTION NO. PC95-79
-------------------------------------
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
Approved
Approved
Granted
Brent McKee, 1601 E. Cerritos, Anaheim. He is present to answer any questions and stated that they concur
with the condftions made in the staff report.
Chairwoman Boydstur. asked if anyone was present to speak to this item; there was no response.
CHAIRWOMAN BOYDSTUN CLOSED THE PUBLIC HEARING.
ACTION: Approved NegatNe Declaration
Approved Waterer of Code Requirement
Granted Conditional Use Permit No. 3775
VOTE: 4-0 (Commissioners Mayer, Caldwell and Henninger absent)
Commissioner Messe indicated there is a 22-day appeal period.
07-10-95
Page 56
. ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
~~
t0a. ,gEos NEGATIVE DECLARATION Continued to
10b. pFrIASSIFlCATION N0.9495-09 August 21, 1995
10c. WAIVER OF CODE REQUIREMENT
10d. CONDITIONAL USE PERMIT N0. 3776
OWNER: DONALD A. MILLER, C/0 Glenn Hellyer, 1225 W. Lincoln
Avenue, Anaheim, CA 92805
AGENT: JOHN SWINT, 707 W. North Street, Anaheim, CA 92805
LOCATION: °01 S Anaheim Boulevard. Property is approximately 0.87
acre located at the southwest comer of Anaheim Boulevard and
Broadway.
To redassffy subject property ftom the CG (Commercial, General) Zone to the
CL (Commercial, Limited) or a less Intense zone.
To permit a 3,075-square feet dfire-through restaurant with an outdoor patio
area.
RECLASSIFICATION RESOLUTION N0.
,~`' CONDITIONAL USE PERMIT RESOLUTION N0.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Continued subject request to the August 21, 1995 Planning
Commission meeting in osier for the applicant to review a soil study.
VOTE: 6-0 {Commissioner Caldwell absent)
07-10-95
Page 57
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
JULY 10, 1995
~f
1
11a. ~Er~° NEGATIVE DECLARATION
11 b: RECLASSIFICATION N0.9495.12
11c. WAIVER OF CODE REQUIREMENT
11d. CONDITIONAL USE PERMIT N0.3777
11 e. TENTATIVE TRACT 15204
OWNER: BERNARD E. and MARY E. BLUME, CO TRUSTEES, P.A.
Box 158, La Mirada, CA 906:17
AGENT: BAHRAM GHASSEMI, 1001 Sandcastle Drive, Corona Del
Mar, CA 92625
LOCATION: j~3 West Ball Road. Property is approximately 1.84
acres located on the south skle of Bail Road and
approximately 530 feet west of the centerline of Magnolia
Avenue.
To reclassify subject property from the RS-A-43,000 (Residential,
Agricultural) to the RM-2400 (Resklential, Multiple-Family) or a less
intense zone.
`" 'To permit a 2-story, 28-unft condominium complex with waiver of
maximum structural height, setback adjacent to single-family zone and
minimum distance between buildings.
To establish a 1-lot, 28-unit airspace condominium subdivision.
RECLASSIFICATION RESOLUTION N0. PC95-80
CONDITIONAL USE PERMIT RESOLUTION N0. PC95-81
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: 2 people spoke
Approved
Granted, unconditionally
Approved
Granted
Approved
Bany Ghassemi, 1001 Sandcastle DrNe, Corona Del Mar, he is the developer and is proposing to uulld a 28-unit
condominium complex at 2638 W. Ball Road. They basically agree with the staff report, however, on Waiver
No. 2 regarding the 20-foot landscaping setback on the southern part of the property, he is proposing a 12-foot
landscape setback.
Chairwoman Boydstun asked ff it would be the 12-foot landscape setback and then the garages; Mr. Ghassemi
clarified that there will not be any garages, it will be parking space and turn around.
Chairwoman Boydstun asked if he agreed on the conditions; Mr. Ghassemi answered yes.
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' JULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
~J
Chairwoman Boydstun asked ff anyone was present to speak to the Issue.
John Weaver, 8871 Lda Avenue, Anaheim, stated he has some concerns with regards to the subject project and
explained that he owns asingle-family resideMlal property immediately south of the project. His concern
pertains to the setback and would request that the Planning Commission require a 20-foot wide fully landscaped
setback on the south boundary adjacent to the single-family resklency as required by the code and
recommended by the Planning Commission and that a 10-foot high block or masonry wall be required on the
south skle of the property to ensure privacy on their property. He also requests that no second-story window or
balcony structure be built overlooking the single-family residerttials to the south. Mr. Weaver asked that the
Planning Commission consider his concerns.
Albert Zabel, 8861 Lola Avenue, Anaheim, and agreed with Mr. Weaver's concerns and added, in addition, he
would like the wall raised to 10 feet because there was an occasion when t h foot wall onto his propertya
criminal who robbed the grocery store and the police and criminal jumped
therefore, he feels anybody else can do the same and would like the wall raised to 10 feet making it difficult for
anyone to jump over.
Mr. Ghassemi explained the distance from the building and stated there is no window looking south and there is
no balcony at all on the building. He then continued stating the current wall is less than 6 feet and all the
surrounding walls on the existing westerly side sre 6 feet. They are proposing to build condominiums which are
like single-family homes, paired homes, in a gated area and feel nobody will try to escape through their property
because it will be gated.
`,_.
Chairwoman Boydstun 9 arifi Pto Mr. G~~~e~l'~ Was aneopen areainMr. Ghassemi answered that is correLK. or
somebody to run throw h the roperty
CHAIRWOMAN BODYSTUN CLOSED THE PUBLIC HEARING.
Chairwoman Boydstun asked Jonathon Borrego, Senior Planner, if the wall could be extended to a full 6 foot?
Jonathon Borrego asked the developer ff there was a grade difference between the subject property and the
properties to the south, and Mr. Ghassemi Indicated they have to raise the grade in the back about 3 feet.
Jonathon Borrego explained there is a maximum height limitation of 6 feet and if they want the wall any higher,
asenobody obje~Ks toithe height of the wallptheZoning Admnistraor will zpprove it administratively. as long
Commissioner Messe asked if the two southernmost parking spaces ftom the south rear lot were moved
elsewhere on the property, would they then have more than a 20-foot lardscape area. Mr. Ghassemi stated to
Increase the IandscaF~e setback, they can reduce the distance between the buildings from 10 feet to 9 feet which
would accomplish an 18-foot landscaping area.
The Planning Commission and the developer continued to discuss the elimination of one or two parking spaces,
therefore, allowing more landscape area.
Jonathon Borrego indicated he believes they are provkling the minimum required amount of parking so there are
not any spaces to eliminate.
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,ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
l
Mr. Ghassemi restated by using a 9-foot distance between the house,, they would accomplish an 18-foot
landscape setback.
Commissioner Messe feels the developer has done a good job in the design of the project and his only concern
would be the setback but felt theAe is enough justification to allow it.
Jonathon Borrego asked ff the Planning Commission was approving the project with the 6 additional feet that the
applicant offered by shffting the buildings together 1 additional foot.
Commissioner Messe statod he would like to see some room between the buildings and explained it should be
kept 10 feet. Regarding the wall, ft will be 9 feet on the Lola Avenue side and the building is set back
approximately 46 feet ftom the property line.
ACTION: Approved NegatNe Declaration
Granted Reclassification No. 94-.~i-12, unconditionally
Approved Waiver of Code Requirement
Granted Conditional Use Permit No. 3777
Approved Tentative Tract Map No. 15204
~ VOTE: 4-0 (Commissioners Caldwell, Henninger and Mayer absent)
Jonathon Borrego, Senior Planner, gave the 10-day appeal rights in reference to the Tentative Tract Map; and 22
days regarding the balance of the actions.
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' ~lULY 10, 1995
ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
~~
nFCLARATION (Previously Approved) Continued to
12a. C~EOA NEGATIVE July 24, 1995
12b. ~_""'""~'"' 1eO PERMIT N0. 3417 (R~dvertised)
OWNER: A.G. CASSIS, 413 Sharon Road, Arcadia, CA 91007
AGENT: D Sim C. HPoffman, 585 3 Knott Street AnaheAm, CA 92804 n:
LOCATION: ~~ aoe c.,~rtt; Knott Street. Property is approximately 0.0"8
acre located at
the northwest comer of Knott Street and Orange Avenue.
Petitioner requests amendment to conditions of approval pertaining to the
time Ilmitation for a previously approved mobile medical unit within an existing
shopping center.
CONDITIONAL USE PERMIT RESOLUTION N0.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
~L_ OPPOSITION: None
Jonathon Borrego, Senior Plarn~er, stated the applicant had to leave and asked for the item to be continued, but
indicated that the applicant asked for one year and ff the Planning Commission is wilting, than pefiaps the item
could be acted on.
Bruce Freeman, Code Enforcement SuE:2rvisor, s'~ated there was one complaint this year, it is the same
complaint that has been receNed for the last couple of years and stated he has been to the property and there
were no violations.
Commissioner Masse asked ff the units ar~'there only on the two days that are permitted. Mr. Freeman indicated
the applicant has fudged a bit over the last few months, but are not using the trailer during that period and
stated there have been a few problems with the delNery companies but the matter is now resdved.
Mr. Freeman stated he has direct contact with the doctor and he is provided with delNery slips, dates and times.
Commissioner Masse stated he wa~ nt tse ce ine the patrking hoi~ay afternoon, and there was an empty unit ir.
the center with only one empty pa 9 Pa
Mr. Freeman stated ft is his understanding that the doctor's intention is to occupy the entire center at some
point.
Commissioner Masse stated the air conditioner does make noise for the apartment complex to the north and
does take parking from the unit. He stated he would be willing to go along with it fo! another year ff he was
assured that the applicant was only there two daays a week.
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ANAHEIAA CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
Mr. Freeman i3Xplai~ied it has been very sporadic over the past few years, with the delivery companies delivering
l the trailers lath si nilght
t
~' Commissioner Messe stated he feels a continuance would be needed to speak to the applicant.
ACTION: Continued subject request to the July 24, 1995 Planning Commission meeting in order for
the applicant to be present
VOTE: 4-0 (Commissioners Caldwell, Henninger and Mayer absent)
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,ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
V
13a. CEOA NEGATIVE DECLARATION (Previously Approved) Approved
Approved
13b. WAIVER OF CODE REQUIREMENT
13c. ^^NDITIONAL USE PERMIT N0.3504 (Readvertised) Approved
amendment
OWNER: IGLESIA EN CRISTO, Attn: Edward Maranun, 498 South Harbor
BNd., Anaheim, CA 92805
AGENT: JULIUS DeCAMPO, 14332 Hdt Avenue, Santa Ana, CA 92705
LOCATION: 420 South Harbor BoulevaM. Property is approximately 1.44
located at the northeast comer of Santa Ana Street and
acres
Harbor Boulevard.
Petftioner requests an amendment to an existing conditional use permit to
permit the conversion of 4,270-square feet of storage area to office use within
a previously approved church facility with waiver of minimum number of
parking spaces.
CONDITIONAL USE PERMIT RESOLUTION N0. PC95-82
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
Julius DeCampo, 14332 Holt Avenue, Santa Ana; thanked staff for the recommenc' Ilion of the third floor, and
added he (s present to answer any questions.
CHAIRWOMAN BOYDSTUN CLOSED THi= PUBLIC HEARING.
Commissioner Messe asked what will the offices be used fca. Mr. DeCampo stated currently there is staff
working there and they want to gNe the staff a new offlca because they need more room.
ACTION: required e~nvtironmental documentationo r subject request ~on is adequate to serve as the
Approved WaNer of Code Requirement
Approved amendment to Conditional Use Permit No. 3504, as readvertised.
VOTE: 4-0 (Commissioners Caldwell, Henninger and Mayer absent)
Jonathon Borrego, Senior Planner, gave the 22-day appeal rights.
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,ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA
JULY 10. 1985
~1
rEOA NEGATIVE DECLARATION Previously Approved
14a.
14b. CONDITIONAL USE PERMIT N0. 3701 Readvertised
OWNER: THE MONROE COURT CORPORATION, P.0. Box 18021,
Anaheim, CA 92817-8021
LOCATION: 6270 East Santa Ana Canvon Road. Property is
approximately 0.94 acre located at the south side of Santa
Ana Canyon Road and approximately 515 feet west of the
centerline of Fairmont Boulevard.
Petitioner requests an amendment to a coond~ chi d da r care fac liry within
the limitation of time for a previously app Y
two temporary trailers.
CONDITIONAL USE PERMIT RESOLUTION NO. PC95-83
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
' OPPASITION: None
Approved
Approved amendment
to conditions of
approval
(To expire 7-25-96)
Doug Brown, 6270 Santa Ana Canyon Road, Anaheim, explained to the Planning Commission the background
and the work he has done to ~imend the Access Point Study of 1966 to ;fain access officially to an access point
he already had on Santa An7i Canyon Road and further explained the extensive procedures that took place and
the reasons why he is before the °lanning Commission today.
THE PUBLIC HEARING WAS C~OSED.
ACTION: Determined that the previously approved negative declaration is adequate to serve as the
required ernironmentai documentation for subject request.
Approved request. Amended Corxfftion No. 1 of Resolution No. PC94-99 adopted in
connection with f;ondftional Use Permit No. 3701 t!a read as follows;
'1 That this condftional use permit shall terminate one (1) year ftom the date of this
resdution, on July 25, 1996. "
d0~; 4-0 (Commissioners Caldwell, Henninger, Mayer absent)
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v, :~
a ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JULY 10, 1995
.~.~.
MEETING ADJOURNED AT 6:20 P.M. TO THE JULY 24, 1995 PLANNING COMMISSION ~rORK SESSION
AT 11:00 A.M.
Respectfully submitted,
~~~,~
Edfth L Harris
Planning Commission Support Supervisor
°v
~` 07-10-95
'' Page 65
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