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Minutes-PC 1995/09/06SUMMARY/ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION WEDNESDAY, SEPTEMBER 6, 1995 THE SCHEDULED 10:00 A.M. PRELIMINARY PLAN REVIEW WAS NOT HELD BE HELD TODAY. PLANNING COMMISSION ADJOURNED TO THE I:iSNEY ICE RINK LOCATED AT 300 WEST LINCOLN AVENUE. 1:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMO!~~~Y) coWllaaassloNERS PRESExr: ~ ~ f~asTa, NErmnNGER, Pf3iAZA ~~ AesENr. rti-YER STAFF PRESENT: Selma Mann Jonathan Bo:rego Ueda Jokmaon Cheryl !lorea Melanie Adams Sean Gerber John Poole Roger 13ennion Alfred Yaida Richard Bruckner David Watson Margarita Solorio Danielle Masciel Deputy Cfty Attorney Senior Planner Senior Planner Aasodate Planner Associate Civii E.~ginear Associate Planner Code Enforcement Manager Senior Code Enior~ment O'flcer Principal TranspoRaUon Planner Redev./Economic Development Mgr. Police Officer Senior Secretary Word Processing Operator PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS t ~ time wtl ben gra~~ted upion trequest if i the opin onaof the lommission, such add Donal Umeiwiil iproduce ev dance important to the Commission's consideration. 2. In contested applications, the proponents and opponent will each be given ten minutes to present their case unless additional time is requested and the complexity of the matter warrants. The Commission's consideratlona are not determined by the length of Ume a participant speaks, but rather by what Is said. 3, Stall Reports are part of the evidence deemed received by the Commission in each hearing. Copies are available to the public prior to the meeting. 4, The Commission will withhold questions until the public hearing is closed. 5, The Commission reseNes the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned wi:l ba served. 5, .411 documents presented to the Planning Commission for review in connection with any hearing, Including photographs or other acceptable visual representations or non~documentary evidence, shall be retained by the Commission for the public record and shall ba available for public Inspections. 7~ within the Jurisdi onof ttte Planning Commission, anadioblagenda itemos~Each speaker will fce silo ttted a mpximum of five (5) minutes to speak. ac090f95.W~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ '~ REPORTS AN;D RECOMMENDATIONS: q. VARIANCE NO 42'16 REQUEST FOR LANDSrA°F P N Approved REVIEW: Richard Wlnn, 2820 E. White Star, Anaheim, CA plans 92805 requests a review of landscape plans in conjunction with Variance No. 4276 (waiver of minimum landscaping to construct an employee parking lot) for property located at 2820 E. White I Star Avenue. Richard Winn, Taormina Industries, stated regarding the property at 2820 E. White Star, pursuant to Commission's request at the last meeting, they have added the additional eeight to the harming on Blue Gum, and moved the fence on the La Palma side down to the property Chairman Pro Tempore Masse asked about the circulation with the large trucks and with that center aisle, whether they going to be able to circulate all around? Richard Winn responded that they did not intend that aisle for the big trucks' circulation. were em for ee veh cles parked there and if the trucks were sparked the a?m inside the site itself if there pY . Mrtlo n~8r0(Pi r~trtucks could park in there between the two ga eSenough apart so that basically a set 0 9 Alfted Yalda, Traffic Engineer, said he had no problem with that proposal. Chairman Pro Tempore Masse moved to approve the landscape plans. Motion seconded and passed. B. CONDITIONS I~SE PERMIT NO 2685 - REOUEST FOR Determined to be ~RSTANTIAL CONFORMANCE: Samir Johar, 1074 North icnonforman e Tustin Avenue, Anaheim, CA 92807, requests substantial conformance review of revised plans to relocate an existing bar and seating area for a previously approved restaurant with accessory cocktail lounge. Property is located 1074 North Tustin Avenue (Mr. J's). Continued ftom the August 21, 1995 Planning Commission meeting. Commissioner Henninger asked that this item be heard in conjunction with Item 3. 9.6-95 Page 2 ci ~MMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION S' 1996 C. CONDITIOuei uaE PERMIT NO 3742 -REQUEST FOR LANDSCAPE AND SIGN PLAN REVIEW: KHR Associates, 3347 Michelson Drive, Ste. 490, Irvine, CA 92715 requests a review of final sign and landscape plan i~~ nl~wash facility Conditional Use Permft No. 3742 (to pe is located at including asemi-enclosed detail area). Property 2037 East Ball Road. Approved plans subject to the use of an alter- native screening hedge (Texas Priv) Mike Easton, agent for KHR, owners of the project, was present to answer questions. .lonathan Borrego, Senior Planner, stated staff has no input other than that the apptlcaM has agreed to put in a dffferent variety of screening (landscaping material). Mr. Easton stated he met with Kevin Bass of staff and they are in agreement to use the recommended Texas privet. Mr. Borrego stated based on that change, staff would recommend approval of the request. Commissioner Bristol asked ff the existing sign that is going to remain, and ff it is in line with what the city is trying to do as far as monument signs? Mr. Borrego saki that he doesn't have the exact dimensions but under the upcoming code amendment, shopping centers would be allowed to have freestanding signs and wouldn't be limited to monument signs only because their sign is Incorporated Into the larger kJentffication sign. He thought it would be consistent, although the size may be a little bit of'. If they~o abut he doesnot freestanding sign for just the car wash and no other use, then he would say believe that is the case. Chairman Pro Tempore Masse asked ff this was an existing sign which they were adding to and the response was, "yss." 96-95 Page 3 SUMMARY/F~CT1ON AGENDA, ANAHEIM CITY PLANNING COMMISSION Septlember6,19B5 L D. ~QNSIDERATION OF A DRAFT ORDINANCE OF THE CITY Recommended OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 adoption to the OF THE ANAHEIM MUNICIPAL CODE RELATING TO DANCE City Council HALLS AND ENTERTAINMENT AND AMUSEMENT FACILITIES AND TITLE 4 OF THE ANAHEIM MUNICIPAL. rODE RELATING TO DANCE HALLS/DINNER DA_ N~I.NSa, PLA E . ACTION: Commissioner Henninger offered a motion, seconded by Camrnissioner Boydstun (Commissioners Mayer and Peraza absent) that the Anaheim City Planning Commission does hereby recommend to the City Council the adoption of the attached ordinance with the deletion of public dance halls ftom the MH Zone and the RS-A-43,000 Zom~. Selma Mann mentioned some of the differences fn tha amendment regarding the kitchen areas and noted that Planning Commission will shortly be considering the definition of a restaurant in conjunction with those uses, K will track that rather that link iL The amendment does have the definition of a restaurant, and she felt that Commission might want to look at that today. Commission said they concurred wfth that definition. They have changed the permit required section with regard to public dance application, where it is Just a 1-day dance, and tried to avoid people reading into it what wasn't Intended. They have borrowed the section that was in the entertainment permit and put ft in there. Chairman Pro Tempore Messe stated that the public dance hall has been deleted from the CH Zone, and now it is in the manufacturing, commercial -and he did not think that it was needed in the MH Zone as there is so little MH property anyhow, it should be taken out. Selma Mann said they took the Planning Department's recommendations on which zones and they worked wfth whatever they felt was appropriate. This is a recommendation of the Planning Department and Clty Attorney's office. Commissioner Henninger asked if perhaps this should also be taken out of. the RS-A-43,000 Zone because that zoning floats around in funny places left over. Discussion by staff and Commission determined that it is just a holding zone and any development on that property would need to be rezoned anyway in conjunction with the use. With those changes he would offer a motion that this be forwarded to Council with a recommendation that they adopt this ordinance. 5-6-95 Page 4 ~i SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANE. NG COMMISSION Septerriber6,19B6 2a. CEOA NEGATNE DECLARATION 2a. WANER OF CODE REQUIREMENT 2b. CONDITIONAL USE PERMIT N0.3778 Approved Denied (READVERTISED) Granted, in part OWNER: ROSCOE M. CONKLIN and WINIFRED M. CONKUN, 3030 Terraza Place, Fullerton, CA 92635 AGENT: ALEXANDER DRAKE HIBBS, INC., 1200 N. Jefferson, Ste. A, Anaheim, CA 92807 LOCATION: A31- 835 North Anahetm Boulevard. Property is approximately 0.52 acres having a ftontage of approximately 120 feet on the west sloe of Anaheim Boulevard and a ftontage of 20 feet on the east s(de as Zeyn Street, having a maximum depth of approximately 240 feet and being located approximately 255 feet south of the centerline of La Veme Street. To establish an automobile body and paint shop, glass tinting and electronic trouble shooting facility with waiver cf required parking lot landscaping. Continued from the July 24 and August'21, 1995 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-104 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: One person spoke in opposftion Hany Drake, architect with Alexander Drake Hibbs, Inc. agent for the applicant, explained this is an auto body repair and paint shop in one existing suite, and an automobile glass installation and tinting business In a second existing suite. He added the tenant for the automobile repair and body shop is present to answer any questions. Chairman Pro Tempore Messe asked if they had seen the staff report and read the conditions and recommendation. Mofin Nateghi stated he thought the business will be good for the City of Anahetm and that he is planning to purchase the property and the business he is planning is a body shop. He is going to do custom paint and work on custom cars. There are few places to Calffomfa where people can take cars for custom paint and work. Most of them are by appointment only, so it is not like a towing facility or mechanical faciity at which the car is going to be stored. Most of the cars are going to be Indoors. He is limited to about 10-15 cars per month and may park some 5-10 cars outside and In the shop. Every car takes about one week to ten days to complete. He is not going 9.6-95 Page 5 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~P~'''~ ~~ ~_ oars in the faciiitynat the same ime.~ Five to seven,ar going to be inskle and maybe five to seven 5 outside. Concerning noise, there is a big slkling door which is the entrance for the cars into the building which will remain closed during the business hours. The business hours are 8 a.m. to 4:30 to 5:00 p.m. He explained the staff report says 7 to 7, but they are going to be them just 8 to 5 and during the business hours they are going to close those doors. No noise is going to go outskle the building to disturb any of the neighbors. Most of the custom cars are Fermi, Jagua~ thi ger If~their which the owners have had somewhat cornerted by adding the spoiler or that type back to them, but they do not shave the volumeyof jjobs like otherwbody shopsre going to bring i< Ed Manske, owner of property on N. Zeyn Street, stated he has no objection at all to the auto alarm and the auto glass installation facility, but he is definitely opposed to a body shop. He would blocked off~soso ttraffic oan get~n andf Bout because a lot of traffic wihbetc~eated a d that s ~ basically a residential neighborhood. Chairman Pro Tempore Messe asked Mr. Manske if that meant the entrance should minted out that Veme? Mr. Manske saki, "yes, and very definitely not on Zeyn Street.' Mr. Messe po La Veme is also a residential street. It was also determined that there was no entrance ftom Anaheim Boulevard, and they are the two alley entrances. Mr. Manske stated there is another _ entrance on Zeyn Street. Harry Drake stated the tenant would not have any objection to closing off the Zeyn Street entrance, subject to review by the City trash/maintenance department, if they don't have any objection to having all the access from the north side of the site. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun stated that was one of the old alleys and asked Alfred Yalda, Principal Transportation Planner, fi the trash trucks could get down k. Mr. Yalda saki he thought K was a good idea to keep the existing entrance to the site ftom Zeyn Street. It has been 11ke this for many years and they don't want to divert all the traffic through the alley and it may not be wide enough to take all the traffic to this site. C ckups. iShe doesn knowtow the trash tru kacouidrget down that alieyand t m around for P Mr. Yalda responded he thought Zeyn Street should be kept open. Commissioner Boydstun added at least for trash pickup, a gate could be installed arxJ then opened on trash cdlection days. She thought this is going to be a real handicap for them and the trash company. That wouldn't create a a~ alwaros haven is there now as that is the exit they are using for the trash now on that property Y 9-6-95 Page 6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ t9B6 ~1 Mr. Yalda agreed. day Conldin, the son of the deceased owner, R. M. ConMin, explained they own the property at the present time; and that they added onto the building in 1964; and that there is a gate there now and it has a key. The trash truck Is allowed to come in one sloe and go out that gate. He added very few people go through the alley. He explained he is talking about the easement from the bsck parking lot down to Zeyn Street. They have never had a complaint before, and n isii~ 5lhere is a anyone has said anything and they have been there since 1955 without arty comply gate on both ends and they have also complied with the trash container area so that it ~ eas I fhas the city to come in and pick up the trash. They come (n ftom La Veme and go out at Zeyn. worked for years. He was sure this was not made dear, otherwise he would not have mentioned 1•~ He wanted to darffy the situation. Commissioner Boydstun felt the twc gates are needed as there is no way that the trash trucks cculd tum around on the site. Mr. ConM~n irsdleated that a tum around would be possible ff there were no cars In the parking lot, but that is Haver the situation. It is s very short distance and it is an easement that the City gave them years ago. Chairwoman Pro TemporeiM assa ae ked fMacility. nske why he did not want to see the Commission approve the auto body/pa Pa ' Mr. Manske responded his general objection is t-~at he has had a lot of experience and that he owns an industrial park and every time he has rented to somebody who wantb tthere wereryjunkf auto repair, they all promised that they were going to keep it neat ~ dean. ned an auto cars parked all over. He further explained right now in one of his rks, somebody ope body shop, and they park on his lots and it seems 11ke every one he has seen has been a problem. dean operation and are not He added perhaps these gentlemen are going to really run a goad, going to leave any junk rays on that easement going from Zeyn Street. It would look terrible ff they this, it seems like whenfthey start, all of a suddenheverything isamesss say they are going to do but he is concerned Certainly ff it was a good neat operation, he would be the last one to complain, that there will be a lot more traffic than there ever was before with three of these types of businesses. Now using the Zeyn Street entrance is his biggest concern, but ff it was only used for the trash pick up, he has no objection. Commissioner Boydstun reiterated that ft would otiiy be used for trash, and they have stipulated only to keep it open for the trash trucks, which would mean that they couldn't park cars there and block it. Mr. Manske saki that would very definftely satisfy him because the trash people have to get in and that's only once a week. Commissioner Boydstun added that may be the sdution. 96-95 Page 7 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Septernber6,1996 ~~ Mr. Manske added that othervvise, he is all for business in Anaheim, and did not warn to discourage anyone, but he dki not want h to be a problem efther. Chaim~an Pro Tempore Messe asked Alfred Yalda, Principal Transportation Planner, ff he would address the 37 -3596 parking that is being famished for this type of facility, twenty-two parking spaces provided, fifty-nine required per code and there is no waiver required. Mr. Yalda saki he wasn't aware of the parking situation there, but generally this type ~~ specialized use has less demand than a regular auto body shop. He added he could check on R, but initially looking at th(s, he felt comfortable with the parking. There Is no parking available on Anaheim Boulevard. Definitely most of ft is taken and Zeyn Street is reskiential. He stated they could monitor it to see ff there is any problem and usually they hear ftom the resklerns or the people around there ff there is a parking problem. Commissioner Bristd asked Mr. Drake about 831 N. Anaheim Boulevard, the auto ala~^n/stereo shop. He thought ft would be much the same as the auto body shop, especially when i- comes to noise, and he thought they will be doing some auto alarm tests. He asked ff this is going to be inside the building or outside the building, especially ff they are going to do business as proposed from 7 am to 7 pm. Mr. Nateghf said he did not have too much information about the alarm systems, but he thought that they are going to do it inside. He stated he could talk to them to keep the doors dosed towards the reskiential areas. He stated they have gotten three conditional use permits ftom different cities in Orange County. One from Costa Mesa and one from Garden Grove recently. All the Code Enforcement people pass by and in the past three years, they have gotten the conditional use pemtfts for their body shop. They never have had any problem with neighbors or parking cars in the drbeway or parking lot. They are using the best machinery, and they are really safe for the environment as far as the air and dust control system inside the shop to control the dust. He explained they use Eur9-vac systems in the shops and have had many comments about their body shop being clean. Concerning the auto alarms, Mr. Nateghi stated he doesn't have that much information, but definitely, ff the doors are closed, he doesn't think any noise is going to go outside. But he can't talk on their behalf. Chairman Pro Tempore Messe suggested a condition that the doors remail, closed. Commissioner Henninger asked ff the Commission should add a condition regarding hours and days of operation? Chairman Pro Tempore Messe noted the applicant had indicated 8 to 5 and he thought that perhaps that condition would be acceptable to him. Commissioner Henninger asked the applicant ff they intended to do any work on the weekends - especiallythe alarm shop. 9-6-95 Page 8 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Septernber~ ~~ s_ Mr. Nateghi said they would be closed on weekends. Commissioner Henninger saki he was Just suggesting that for the auto body shop but he believes the alarm/stereo shop needs to be open weekends. Mr. Nateghi saki they may do some paper work on the weekends, but no body work. ACTfON: Approved Negative Declaration Denied Waiver of Code Requirement on the basis that the requested waiver was deleted following public notification Granted Conditional Use Pemtft No. 3778 with the following added conditions: That the gate entrance located on Zeyn Street shall remain locked at all times except on trash pick-up days. the parking lotlldown to eyn Streets ~~~ at the easement located at the back of That the alarm and auto body shop doors shall remain closed during business hours. That the paint and body shop shall be open from 8 a.m. to 5 p.m., Monday through Frklay. v~1TE; 6-0 (Commissioner Mayer absent) Selma Mann, Deputy City Attorney, presented the 22~day appeal rights. 9.6-95 Page 9 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION SepkxriberG 1996 3a, rE(iA NEGATNE DECLARATION 3b. rOND~ SSE PERMI T NO 378$ OWNER; MOHAMMAD JOHAR, 1074 N. Tustin Avenue, Anaheim, CA 92807 AGENT: SAMIR JOHAR, 1074 N. Tustin Avenue, Anaheim, CA 92807 LOCATION: 1074!=min Avenue. Property is approxirr~.telY 1.67 acres I rocat~ eiy 350 ~ scorn ~ the centerline of located app La Palma Avenue. (Mr. J's). To permit a Public dance hall wfthin an existing restaurant with cocktail lounge. CONDITIONAL USE PERMIT RESOLUTION N0. ~ Continued to September 18, 1995 FOLLOWING IS A VERBATIM TRA G ONITHIS MATTER!BED FROM TAPED RECORDINGS OF THE pu-NNING COMMISSION HEA OPPOSITION: None stated he thinks 2100 S. State College BI, Anaheim, CA, representing Mr. J's on both Items, Jeff Farano, thoy should be consid eedPi 9sthave been submtteed which showla change to movela bares, whi h was substartial confom~anc located on the east end °t chap uedhas~been when they firstfmoved thmadiedthe change boutila yea e area. The purpose of tha 9 ago, ft created a very open situation in which the dining area and the cocktail lounge area were virtua y one in the same, and ft made ft difficult for them to cl think thatiisnpart of thehreason that caused the dining business that they waM to bring in. Hence, hearing and the concern that you~haod the building. is intended to move the bar and create a segregat or a different dlning area in the I believe I submitted several days ffferent square cottage and the seating capacfties between Cho tw~ report which kind of lays cut the d uses, and they ~~ this wilmbe ab eutol allowh em to have the~segregated dining artea9hat they want ft's hopeful that le did not want to eat in a area and to attract that business. It has been their determination that °peOfor that, and i believe that would be where the - in the cocktail lounge area, and so this was the pure ratel because the pretty much the substantial conformance wfth the original requeoste the eS~ ~S ~~h attached cocktail lounge. And I think ft would be appropriate in my mind to app second issue is regarding a dinnirce ahal~l Pbrumt f waio nciel del ~rrn~t which !s a dffferent item which they separate entertainment and d g are requesting now. I don't know what your pleasure is. If you want to address both the same o 96-95 Page 10 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~P~'~~ 1986 separately. Commissioner Henninger - I would like to ask a question of staff, now we had a hearing on this subject Just a while ago in the Council has heard it since then. The - is entertainment allowed at this location at this time? Jonathan Borrego, Senior Planner - I guess, they do have an entertainment permit from what I understand as a dinner dance sort of a facility where they do havo complimentary eMertatnment along with the primary portion of their business. Commissioner Henninger - So the place they've been left, is it they have to operate as a restaurant? Mr. Borrego -Yes, and that's really the reason why we were recommending approval of this portion of their request which Involves just the relocation of the bar. It's our feeling that because they are conditioned at this point to operate as a restaurant that the relocation of the bar from one end to the other is something that we fee! comfortable with, since they are still held to the condftions of that condftlonal use permi+ to operate as a restaurant. Commissioner Henninger -And the entertainment permit, what does that allov/1 J. Borrego -That I'm not too sure about. I'd have to look Into that before I gave you a definitive answer on what exactly they are permitted to have out there under that one. Perhaps Mr. Farano has a copy of the entertainment permit with him. Mr. Farano -The entertainment permft, as I understand it, is to allow - i don't have the exact wording in front of me. It's worded as Vegas type shows, ethnic shows, and dancing in the cocktail lounge area. It is not the type of entertainment which is encompassed in the sex-oriented business and that's not the type of business they want to conduct there. Basically what they want is dancing of girls right now in the cocl~tail lounge area only and not in the dining area. They want to -they'll have an upstairs and a downstairs dining area and then the front cocktail lounge shows ndiethnhc type daincingtin tY~e cocktail ~s I said the permft is worded, I think ft says Vegas typ lounge area. Commissioner Henninger -Okay. I guess I don't have any other questions. Commissioner Boydstun -Was that with the entertainment permit -can they charge a fee at the door? Mr. Borrego -Based on their existing condition, no. That's the subject of the next item, which is item number 3. Chairman Pro Tempore Messe -Jeff, have you kind of finished your presentation? Let's see if there is anybody else here who wishes to address us in the public hearing. Mr. Farano - On the Item 1 that was continued. I am done presenting my presentation on that item. When we get to the 3 Item I would like to discuss then about the dance hall permit and charging cover charge separately. 9.6-95 Page 11 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 1986 Chairman Pro Tempore Messe - So we could just go ahead and Just take care of the item 18 or whatever - Commissioner Bristd - I would make a motion for confom~ance. Selma A4ann, City Attorney - Mr. Chairman, before that is completed I would like to be sure that wfth the discussion that is taking place about having the dining be separate from the cocktail area, that it's made clear that this determination of substantial conformance is based upon the assumption that this will continue to be one business, one restaurant and that there is no suggestion that somehow two separate operations with separate doors and that type of thing is going to be allowed at this time and as contemplated by their actual condtional use permit. This is a conditional uae permit for a restaurant, ft has an ABC license for a restaurant, which prohibits them from, at least that is my understanding, prohibits them from not permitting people under 18, and ft -1 think that there needs to be somerovin clarification as to what the understanding is of the Commission as to what ft is that they are app 9 here in this determination of substantial conformance. Chairman Pro Tempore Messe - Weli, the plans that we gor ~fth the substantial conformance application, theelwest side ofthe building and movingtsome tables verto tthe other dee isn't~vhatgtrue ~r over to Commissioner Henninger - And I believe the CUP under which we are approving this is a CUP for a restaurant with an accessory bar, and it's that restaurant andg r the `has the entertainme o peg ft. And so, in my mind anyway, ft's quite clear that whet we are doin is app oving, ff we do, app -- revised floor plan for a restaurant wfth an accessory bar. Chairman Pro Tempore Messe -And you agree with that, Mr.Farano? Mr. Farano - If I might add, I think ft is my understanding is that children are allowed in the restaurant area but going to the cocktail Lunge bar area - I do not believe that they are allowed t~ have children :n the cocktail lounge area. As ft was before ft changed from Bessie Walls to Mr. J's and I don't believe you`re allowed to have children at the bar. So ft is their Intent to have for the substantial conformance aspect of ft is to create a cocktail lounge area separate from the dining area. Commissioner Henninger -Now they don't have any, for Instance, any concept that they are going to charge an admission fee to the bar? Mr. Farano - No -not -well, that is going to be the subject of ftem 3. Commissioner Henninger - I'm talking about under this, under 1.6. Mr. Farano - Yeah, ff you were to approve 1.B. only there is no concept of charging a separate coverage charge into the cocktail lounge area. It would be accessible, free of charge, to the patrons of the restaurant to go intorove this thailtlwe would have a right to operate a separatee under a separate cover anticipate ff you app charge for the cocktail lounge area. Commissioner Henninger -Selma, is this clear enough to you now? 9.6-95 Page 12 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 19A6 Selma Mann, City Attorney -Well Commissioner Henninger - Or is there some additional clarification you think we need? Selma Mann - I think that ft's been clarified that what the Commission is looking at is that is a single separatenentrance provided to the dining area on the southeast comes of the bullding. ould be a dealin~w hrt a original CUPtight now on Item 1 B merely aurelocat on~w,fthin the er of ftem 3. So we're 9 Commissioner Henninger said that the letter of operation does not in any way - (s not part of the discussion for Item 1 B. Selma Mann - So this does not deal with the - Jeff Farano - At the time that I submftted the second letter, I believe ft is the one addressed to Jonathan Borrego, I was unaware whether these two items would be considered separately or together. But I am clariFying that ft ism o ~ e and notffor substanaial iconformance.charge. That letter is for the condtional use permit purpo Y Chairman Pro Temp:.re Messe -But we got plans wfth this -there is one entrance, I mean there are not two separate entrances for Item 1 B ~'_ Mr. Farano -Yes Commissioner Henninger -Well, let me ask a question. You saki for the purposes of a cover charge. think I took the letter to be solely a discussion about the issues covered in Item 3 and not in any way amending the existing CUP. Do you agree with that? Mr. Farano - Right. The cover charge is for the conditional use permft. Commissioner Henninger - I'm talking -the letter contains more than just a discu of o ratio that ifs rge The letter contains a discussion of entrances, ft contains a discussion of the type pe would ke your concurrenceethat the letterireallyehas no impact on what yoau~- on 1B. 1Just the floor I plans. ft don't necessarily point out Mr. Farano -The floor plans, right. And I think on tha plans that you have, a separate entrance. The purpose of the letter is for conditional use permit, You're correct, and the separate Item of 1 B is for mo~~.ng the bar to the front location and being able to separate the dining area from the dance area and does not discuss and will not involve the issue of cover charge and whether a separate entrance is required. Does that clarify ft for you? Commissioner Peraza - Or any of the other issues covered in your letter? Mr. Farano - Or any other issues covered in my letter. 9-95 Page 13 Septerr~ber6,1~6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION :~~ Commissioner Peraza - Weli, thanks. Chaimman Pro 7empore Masse - Is there a motion on 1 B? Commissioner Bostwick - I made the motion for substantial conformance. Commissioner Henninger - I second. ~~{ for Chairman Pro Tempore Masse -And there's the second. All in favor? 1.B. has boon app ou want to address Item 3. substantial conformance. All right -now y ACTION: Continued subject orou hl t analyze subject reque~ Planning Commission meeting in order for staff tot 9 Y VOTE: 6-0 (Commissioner Mayer absent) ITEM 3 CUP 3877 rmit for a dance Jeff Farano - The second item is Item 3 which is an application for a conditional use pe rt that hall permR in conjunction with an existing restaurant and cocktail lounge. I net of ~ for ~ ~~ i they have suggested a continuance on this item. I don't agree with the Bugg think there is enough informatio nc eMa eof this year and the issue has lbeen discussed between my application has been pending si Y Attorney's client and the staff on so eSo~ don't think, otherthan the fac~that youn;7aivelanother ordinance pending Office several weeks ag lication pending today I believe we can go forward which may change it later on, for the issue of the app and make a presentation of our application and make a decision. So ff - I would like to go forward on that . The Issue really is in two par ~~ t 8~~~ dgM~landtsecond, if ahdet irminati ois made tha this way of either conditional use pe p the condftions necessary to grant a condftional use use can be in this area, does this application satisfy pennft. First I would like to address teebiss hat thehe'shno need to get~o thepother~ orWhen~ is allowed in this area because before we can g Y Commissioner Henninger - Mr. Fast discuvsses thhs issue you are beg nnhn9rto app oach? s just recently handed out by the City Attorney tha Mr. Farano - No, I have noi~t rnem for not}a yesterday a little bit about it but I don't know ff our discussion is corrined in Commissioner Henninger -You might take a moment Selma Mann - Mr. E~orrego is going (Q a ~doneff thattwould be acceptabl eo thedComm(ssion? his time prior to Mr. Farano completing his p y int that you're Commissioner Henninger • That might be helpful cause this mall is right on the po making. 9-95 Page 14 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 1~' Mr. Farano - I don't know ff h is an item that is available for me to read, but I would like a copy. Chaim>an Pro Tempore Messe - We should 'nave a copy here. Do we have a copy for Mr. Farano. (apparently not and he continued) Mr. Borrego, are you going to be addressing this? Jonathan Borrego, staff - Yes, I would actually. Basically, my comments are really going to be directed towards some of the information that was cc-ntalned in Mr. Farano's letter which was attached to the staff report, and some of the basis for his argument that there are provisions for this sort of use out within the Canyon Industrial area and I think that, at this point, I'm going to try to limit my comments to that point; whether the use Is permitted out within tl^a Canyon Industrial Ar and noytN/gay into the merits of whether or not the use is appropriate ff_here is such a provision, at this int, an There are a couple of -let me back up a little bit first - The recommendation for continuance in the report was really based on the information that was received from Mr. Farano, which was on Thursday afternoon. At that point staff hadn't had a chance to really closely examine all the points that he had brought up and address them in the report. And also, based on the operational changes that he was tal{~1ng about, we really didn't have enough time to come up with conditions that we typically would on this sort of an application regardless of what our recommendations are going to be. We take a look at some of his points here end I'll just kind of hit a couple of them. Flrst of all, one of the points In the letter is that I believe that there is a possibility that this sort of use can be consklered under the unlisted use section and after further review of that statement, anyway, we had found out, really through the use of a new code system which we have here in the City, which we z call Code Master, which allows us to search for terms through the entire Code. We were really unaware ~~- of this until recently, but there is actually a provis(on for dance halls within Title 18, and h is permitted as a primary use within the CH Zone, and we were unaware of that until recently, and found that. Because it is listed as a permitted use within the CH Zone, there really isn't a basis for using the unlisted code provision because that's only supposed to be used for those sorts of uses which aren't specifically addressed in the Code. In this case, dance halls is. I would be the first to admit that there have been instances in the past where we've used that section for dance halls. Why we did that, I don't know. Perhaps there wasn't -you know, at the time they were processed, people weren't avtare that this provision existed in the code. We certainly weren't until we actually found ft through the use of the computer. Therefore, I don't think that it is reasonable to use the unlisted use cede section in this case because there is a provision for it in the code. One of the other points, I believe that Mr. Farano had brought up in his letter relates to the bar - restaurant bar up on Kraemer which is called Gorillas, and it's also known as Marbles as well. Back when that use was approved on Kraemer back in 1980, I believe, the code section that was used at that point was actually a code provision that s1ili does exist within the code today and that was the restaurant use within Canyon Industrial Area, which is in that 600 series of conditional only permitted uses out there. I am not able to say why that code provision was used at that time. I looked through the minutes of tho meeting back in 1980; there wasn't any mention of it. but I don't think h is a code section that we would use again. I don't think that, to my knowledge anyway, in taking a look at ail the other public dance halls that we've ~ pproved since then, that v-e've ever used that restaurant section again in any zone. I'm not sure ff h was done in error or ff there was some thinking back in 1980 that that was a code section that we .;an use. I don't know. All I can say is that in taking a look at all the conditional uses that !'ve come across, anyvray, since Marbles was approved back in 1980 and in my count I came up with 10 public dance halls that we've 9.6-95 Page 15 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 1986 approved since that time -since Marbles was approved. in my estimation, anyway, and I've just put together this information recently -within the last couple of hours actually - ft was my finding that of those 10, 6 of them were processed using the entertainment or amusement provision, which doesn't ex(st right now in the Canyon Industrial Area. Two of them are actually - I'm sorry, there were 9 of them - no, there were 10 - 6 of them were processed as the amusement or entertainment facility and 4 were processed using the unlisted code provision. So there has been some inconsistency in applying the code for these sorts of faciifties, but as 6 out of the 10 that were processed since Marbles were processed using that code provision. Again I would say that they -based on the fact that dance halls is a listed use wfthin the CH Zone, in my opinion, they shouldn't have use the unlisted code section back then. Again I can't speculate as to why that was done in the past. Chairman Pro Tempore Messe - It was an error in - Mr. Borrego - In processing those, whoever processed them weren't aware of the fact that dance halls was listed as a use in one zone in the city and that was the CH Zone. Commissioner Henninger - Selma, I think - i haven't read your memo -you come to a slightly different conclusion. Could you review your recommendations to us in your memo? Selma Mann, City Attorney -Just going through ft a little bit more briefly, the Gorillas Adventure Bar recently had a conditional use permit far arestaurant/public dance hall. It is in a similar zone. The conditional use perrnft for the dance hail was approved as an accessory use to a restaurant. A restaurant permitted in the zone subject to a condftionai use permft and that portion is not consistent wfth the present position that a public dance hall is not permtted in the Canyon Industrial Area. Mr. Borrego went through the analysis that ft's not appropriate for the cfty to be using the unlisted use provision in the code to analyze this. However, in view of the inconsistency, the Planning Commission does have the option to go ahead and consider this hem on the merits using a similar analysis to that which was used in the Gorillas application as an accessory use to a restaurant wfth the clear understanding that this is only being done in view of the ambiguities that have been created because ft wasn't clearly stated in the code and that that ambiguity will be cured, hopefully, by the ordinance that Counclil,that makes ft e preosslyibclearaexactlytyhich zonies publ/c dance hall~is permtted as ae Cfty condftional use. Similarly, ft also makes ft clear that since the public dance hall does not appear as a permtted use in the Northeast Area Specl;ic Plan, that a public dance hall is not permitted in the Northeast Area Specific Plan, once that documen3 is approved, assuming that the City Council gives a second reading as ft is presently formulated. Figuring that the application can be considered on the marts, you have the option of approving the u~•a, and N so, ft would be, of course, upon whatever conditions the Planning Commission deems appropriate, Including operation of the restaurant. Since this would be considering a cover charge, I think that ft would be Important to specify since there is a certain percentage of that ft be made dear that the cover charge income of the establishment that needs to be for food sales, is not going to be tanked on or considered as food sale. in determining what percentage food sales there is for the establishment. i think that we've already made ft ~ecaAru~t theiPlan ingtiCommissioen t ft consistently because of tha ambiguity which will be cured. Also, after hearing Mr. Farano and any other testimony on this matter, has the option to deny the petftion on its merits. 9.6-95 Page 16 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ ~~ Chairman Pro Tempore Messe - Now, I think ft would be appropriate for you to address Item 3 in fts entirety, Mr. Farano. Mr. Farano - Okay. I'm going to back up as to where we came from and then I'll address the Issues of Ms. Mann and Mr. whew hey purchasied BesslesWa(s i They attemptied o~operat that restaurant under I believe. After they determined t t being back in 1994 the Bessie Walls condftional use permit for a little less that a year, ft wasn't going to ~ nethehebought Bessie Wa(Is9 hey made some InteriommodiflcaUons to ~twhkh isey deckled that to Y roved. In addftion to those interior the condftiun that ft is in now, which the Planning Commission app modifications they aft endtthey~maintained that Iiciense fo~a lfttle lesspthan a year. It iwas their irtt nt that City Treasurer's offl they would ha Frkl beg b~turday n ght lntovthe cocktail gunge area and wished to deftne ft as a publi c in bands on a Y dance hall under tlkill not only do you need thecenter<ainmpent permit and the license from the Treasurers the public dance , but you also needed a conditional use permft. So with that, they made their application fort e condftlonal use Pei~dan a hall is not permitted in t is areausllYs no listed hee In the permitted uses r that maybe a pubs in the condtional use permit sections of the Canyon Industrial Area. Therefore, they would not be a e to have the p~ala dhat poha~lin t me nobody believed that their dance hall~was listed,as a permitted use determined It's kind of hklden in the heavy -Commercial Heavy or a condtional use anywhere throughout the Cfty. mimed use in area. Actually, I wouldn't believe that I would look to see that a dance hall was a pe commercial heavy the com later and yesa ft is the etl But I bel eve~that over the years ft's been t eatedft- through the use o P nobody believed that ft was there - and did not treat ft as though ft was an unlisted use Going to -Marbles was approved in 1980 and ft was under a conditional use permit. It was a IftUe bit unclear as to how ft was approved, but looking through the agendas and the minutes of the meetings I've found that ft was believed by staff and the Planning Commission and the r~ft of f0hbeac~ ahaan dance hall in conjunction wfth a restaurant is permitted by way of conditional use pe ~ P accessory to the r~estaW u d eftheWberinappropriate forlthesCanyon Industrial Area or~notpenr+ftted in the would not efther ro riate by way of condftional use permft. Canyon Industrial Area; ft was believed that ft would be appr P~ on a year to year balls and I believe That ways a one year permft which since 1980 has been app just recently the Commission approved a 3 year extension of that public dance hall permft for the Gorillas. So believing that a public dance hall is permitted in that area. I made reference - and I don't think my first letter discussing this issue is before you. It's not In my stafftu C~ A omey's offfce~you might have copy of it. It was a letter that I sent to Kevin Bass, and a copy a letter that might a ~~ nped,blic dance hal permft that was i suheduT hat wasplssrued under ~exflre is another area -jus P unlisted use section of the zoning code, 18.03. That was just recently. I know - I did not have t e opportunity to go through and research every condftional use permit that was issued in the city, so Jonathan just apparently just ffnlshed that. There were at least sbc other conditional uses for public dance halls throughout the city. So the - I find now that ft would be difficult to say that ft was done in 9-6-95 Page 17 SUMMARY/ACTION AGENDA, ANAHEIM CITY PJ+~!NING COMMISSION ~~ t9B6 error; we've been doing in error for fifteen years and now we're going to change ft. To do ft that way based on this user, I think ft's more user-oriented if we were not to permft ft. The proper ~ s soaks, ft ~ the way ft is going through now and that is to change the ordinance to darify for everybody' induding existing businesses and new businesses in the city, to know what they can do and what they can't do, do ft by way of ordinance. But I think, and qufte frankly I b~ I'think for the sak~ellof~k at the new ordinance as proposed, so I don't know how ft would affect us, consistency, the Commission must go ahead and conskfer this application as though a corxlftional use permit is available for ft In this area. Looking at consistency toot o ~ the yearsvl haven't seen ghoul the Specific Plan that was just approved, and the Gorillas app anything that would say that a public dance hall is inappropriate far this area I would have to believe that ft would be appropriate for the area The proposal that is before you in my letter of operation is that the public dance hall aspect of the permft would take effect on typically Friday and Saturday evenings, In which they would be able to bring in a band, a qualfty band that would attract people into the cocktail lounge and be able to charge a cover charge for ft. Typically those kinds of bands cost ten thousand -twenty thousand dollars and they can't pay those people just based on the cocktail lounge revenue or the restaurant revenue. They need a cover charge. That's what's going on at Gorillas, fts going on at Foxfire, and other areas around the city. It creates an entertainment for the evening. It may have a possibility to do that sometime during the week, but typically ft would be a Friday or Saturday evening after eight o'clock. During the rest of the time ft would continue to operate as ft is now as a restaurant wfth the use of the cocktail lounge. The food would be served throughout the designated dining areas and the cocktail lounge area. Th9 food also would be served in the public dance hall area when a covered charged is charged. You go to see a band and you would be able to have food in there and I have no problem with the condftion that Y the cover charge would be treated separately from the food. As a matter of a side, I do have the numbers here with me today - I said what are the comparisons of your food and liquor revenues -and they put them together for the months of July and August and thThey had hoped that the food would uld like to see those I would be able to present those to you today. even go up with the changes that they are going to be making. So I believe that the path that they've gone through now and to get to the public dance hall, ft's i~19 Friday or Saturdaly evenings. I They elf. It's going to be a minor use, an accessory use to ft on typ y would agree to limft the public dance hall aspect of ft to after eight o'clock so that tf there is a concern of what it's going to do the neighboring areas that they would agree to do that. I believe that the public dance hall aspect of ft is appropriate In this area because ft's only going to be in effect after the local businesses are dosed. You provide the dining and restaurant lunch and din a tt a~ wogrfchn the area and attracts the local businesses. They do get most of their business from peopl a from o~dskle the that would continue to be the case. The evening hours would probably bring peopl area Into the business. As far as the type of entertainment to be provided ft would not be se, oriented business type business. The band they would bring in would be typically popular bands that people want to hear. During the day, when they do not have a cover charge there would be entertainment provkled. It would be the bikini type dancing girls on the stage or dancing around the floor in the cocktail lounge only; not allowed in the dining area or upstairs or downstairs. On nights in which they do have entertainment and a cover charge, that entertainment would not be provkled. They believe that this is what's important and what's necessary to make this area go. The business as a Bessie Walls did not make ft for one reason or another. Nobody knows. It's been ofa conditional ease pemtft. iThehsfte and s Ihape and size oft ePotl don't th nk Iwouldlmake any~ftions _- 9-95 Page 1 S SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 1986 difference to this. This has survived as a restaurant for frfteen years and the Proposed use as a Public dance hall would not really change e ~ s~de this buhilading by way oftthe fire code uYou ha eplim~itauons limitation as to the number of peopl by way of parking spaces, so I don't think there would be a problem in chat area. It's only a 6655 square foot building, so you're not looking at a lot of people in this place. So the rest of ft I think would be still typically be a restaurant with a public dance hall and I think that would be consistent wfth what the Commission has done on prior occasions. If they d ove~two millloneddtarsmf othis building bel eving would have some real financial hardships. They pa they could do these types of things based on what they read in the code and what they were tdd. They are trying to make a go of ft and to now say you can't do ft because ft is not allowed in this area or because its not appropriate would create a real financial hardship of this. I know that is not a consideration of yours in approving the use, but nevertheless we are talking about business in the city. This is a business wanting to do business in the city and I think ft would be inappropriate not to treat them the same as everybody else. addre s therCommission on item numberh3t' You rose to spteak, but you're not~goi g t t~ at wishes to about eveo hing he saidsin ft so he doesn't have tortalkhtif he wants for hpea~ but I think I covered just Chairman Pro Tempore Messe - Okay. I'll close the public hearing and put ft open for Commissioners to ask questions. Does the Redevelopment Agency or the Police or Code Enforcement have anything ? Richard Bruckner, Redevelopment, Economic Development Manager for the City. - We are very concerned about this use. I don't know if you have received, if you haven't you will receive shortly, a le ve mentioned personally t me andtin ai letter) beld'~eve addressed to theACommissfonthis site -they ha Chairman Pro Tempore Messe - I have not -Has anybody here receNed the letter? Response was "no" Mr. Borrego -We're running copies of ft right now and will provide one to the commission and to the applicant as well. Richard Bruckner -Very concerned about this type of use. In discussing land use in this area wfth Catellus over time, we talked and have talked and continue to talk about a first class industrial and business environment. They don't believe ofause!s contributes to that type of environment nor do we. So we are very concerned about this typ The applicant also spoke about this being after hours. We have many businesses in this area that run 24 hours, or at least 15-16 hours, so they will be running. For instance, this manufacturing is running almost 24 hot;rs, almost 7 days a week, manufacturing and their workers will be passing by this she and be affected by this she. Cateilus is marketing their site and has office tenants in their site which overtook this site and are certainly affected by this sfte. So they are very concerned about it. In formulating the specific plan, apparently prior to my knowledge, that this would be an issue wfth this particular sfte in discussing the policy of whether a dance hall should flca ~ exmcl~udled fromra colnditlonal use pennft in recommendation that they not be permitted and spec this area. This issue was also brought to - I believe to the City Council, during the discussion of the 9&-95 Page 19 SUMMARY/ACTION AGENC3A, ANAHEIM CITY PLANNING COMMISSION ~ 1`~ ~~ specific plan. They heard the arguments for, but chose not to include it as a use permitted by condftional use permit. So we are very concerned. Chairman Pro Tempore Messe -Could you go over that once more, Mr. Bruc{mer? This was brought up at City Council, you say? Mr. Bruckner - I believe before the City Council during debate on the specific plan the inclusion of dance hail as a use permitted by conditional use permit was raised and Council chi t ~ dude that as a use recommendation, and I believe the Planning Commission recommendation, iflc an permitted by a conditional use permit What -once againa environment n this a~ea. We don t~believe are to create a first class industrial and business park typ' that a dance hall use is consistent wfth that objective. Chairman Pro Tempore Messe - Mr. Poole - John Poole, Code Enforcement Manager - The applicant Is requesting a public dance hall in conjunction with a restaurant. Code Enforcement and Police Department staffs have inspected this location recently on numerous occasions and have found especially, in the evening hours, that the business is being operated as a night club instead of a restaurant where patrons are required to show their identification before they are even seated in the restaurant area. I have several individuals that I would like to call to testily about their observations in Mr. J's recently and will give Commission some Idea of what's going on. I think that is especially Important when we're looking at an applicant that's saying that they want an extra ent~lement to go along with the restaurant in which our staff investigation -~ has found that primarily, a restaurant is not being operated there. I would a of ~I~ po teflstff~y as torwhat Code Enforcement Officer Roger Bennion and then we'll have several poi they've observed at this location. Roger Bennion, Senior Code Enforcement Officer - !went to Mr. J's on two different occasions. The first time was on Thursday in the afternoon on August 31st at approximately 12:45 in the afternoon with Sgt. Joe Vargas of the Anaheim Police Department. I entered Mr. J's restaurant located at 1074 N. Tustin Avenue to check for possible Anaheim Municipal Code violations. At this time we were greeted by a male subject who asked ff we were there for lunch and provided us menus and advised us that we were to eat. I observed a female subject after we were seated dancing on a raised stage. She was dressed in a small bikini type top and a G-string bottom. There were approximately five customers in the building at this time. I observed several males who appeared to be eating at the tables at this point in time. After being seated, a female subject asked ff we wanted drinks. A drink order was placed, she arrNed a few minutes later with the drinks and to take our food order. Officer Vargas ordered a bacon cheeseburger roximate) a 1~5 minutes from the time weroccoli at the time. Our order was served in a timely manner, app Y ordered it. During this time we observed several dancers perform individually on ~ observ~edsthe dancers approximately 10 feet away from our table. Each dancer performed a tvyo-song. names Monique, Destiny, Marcella and Mercedes, and there was an unknown dancer at the time who performed while we were there at the location. After each dancer ~odicimatel ets~eveneidran~~ king wfth came over to our table and Introduced themselves. I observed app Y the customers at the customer's tables or walking arou dancerstlbartendersinbouncersiand disc Jockey approximately 10 to 15 employees including waitresses, left the site att approximately13:35 at that ime. y table dancing in the establishment. Me and Mr. Vargas 9-95 Page 20 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 1986 ~ - Sect+nd time I went to the property was on Friday evening, September 1st. We arrived there approximately located at 1074 N. ustineAvenule toOcheck for AMC violationndsD We were greeted by two the restaurant male subjects inside the ftord door entrance who immedxirt~atel 20~feet frftom the entrancetithat coined the men showed us a small buffet table that was app tato skins and buffalo wings; also on the two covered chafing pans on ft, the chafing pans contained po table were cut vegi~blon ours own. Whl a walking sou bbooth tthat w sa! down at, we observed two down. So we did to and G-string e dressed in small bikini type ps female subjects dancing on a raised stage. They wer bottoms. There were approximately 25 to 35 customers at this point in time. After we seated ourselves, the waftress came to our table and asked if we wanted anything to d~onxkimatedly 5 minutes had passed She arrived shortly afterwards with the drinks and then she left. App by and we had to request a waitress milled chicken sandwich at the time. Date some hems oft of ththe ordered a mushroom burger and a g buffet table nhah wa tablishmentrat that timeseating at alli other than the people who we a gettng items customers i off of the buffet table. The female dancers performed their two songs each, just like they did during the day time. Upon completing tdhelS dA female dancer knownaas Mercedesrcame up tovme and whi a she was talking to me individual to while I was sitting in the booth she mad oximatel 010 dancers perform on the stage during the hmie we was talking with me. We observed app Y roximately all were there. At one time during the evening they did an introduction where they had app ten dance clothin 9 hat is gene Ilyme oved to apb kini ntype t p and G-string bottom a the dancers dressed in 9 I observed two cuss dark and the bouncers stood and observed the performance due ng each ta~bleth area. The area wa dance. Ife~dfc es sand they are ten do tars each. The dancerawalked Officerr Wa~son to the same come e She rep Y as the other dances were performed oximatel 25 b35 employees~indud ng waltresseshdan ers ebar standing in nay H'ay I observed app y roximatel ei ht o'clock in the evening we left tenders, bouncers and the disc jockey at the time. At app Y 9 Mr. J's 'and returned to the office at that time. Chairman Pro Tempore Messe - Thank you. Is there somebody else that wished to testify't Mr. Poole -We'll hear from the Police Department. Officer Watson (although he dki not identify himself, he was the officer that Mrt. ~ the table da~ncek~ for a table dance) - I was there with Mr. B env a0lked oveWwiith theidan erh She took me by the hand; agree with everything that he had to say. sat there. I had niy hands on my knees. walked over to the booth which is an open dancing. She was wearing a red tight dress that showed her She stood inbetween my knees and begs figure and she -1'll just read ftom my report here -When the music started I sat there t~ her hi gland open. The dancer stood inbetween She9rfted her drreesstan abackedtup to mehmoving her butt back rubbed her hands all over her body. 9-6-95 Page 2t SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 1986 and fiorth approximately sP,c inches away from me. She pulled the top of her dress down and part of her right areola was visible urxler her bra. She explained to me that the top was too small for her. She continued to dance and again her bra fell down revealing the right areola. She began h PaI~ she sat down further showing the front of her panties. The dance lasted for one song. pa down next to me and after about two minutes we walked over and she sat with me another minute in our booth. The bouncer was approximately 15 feet away from me and would glance over now and then just to see what was going on. That's it. Chairman Pro Tempore Messe - Thz~nk you very much. Mr. Poole. Mr. Poole -From our Irnestigation ft appears that Mr. J's is being operated as night club instead of a restaurant. You can get food there but you have to work at, especially in the evening hours. Chairman Pro Tempore Messe - Well -Okay. Thank you. Any questions from Commission? Commissioner Henninger -You know I - ah Let's see, we haven't asked any questions. Chairman Pro Tempore Messe - I guess i haven't - I did close the public hearing, did I? Mr. Farano - I understand you closed the public hearing but we have new evklence that was introduced here today that was not part of the staff report. The letter that was given to you was submitted several weeks ago and was not part of the staff report and I've asked for it on a couple of occasions and the testimony we heard here today, none of ft ~Nas Chairman Pro Tempore Messe - Jef#, which letter? The one you submitted on August 31st? Mr. Farano - I'm talking about the letter from Catellus. Chairman Pro Tempore Messe - Okay, I see that. Yeah. Commissioner Henninger -Why don't you - Chairperson Pro Tempore Messe -Why don't you just hang on -we'll get back to you. Mr. Farar~ -0kay, I just wanted to have the opportunity to respond. Chairman Pro ; empore Messe -We'll certainly give you that opportunity. Commissioner Henninger - So anyway, Iwas - Actually I think there is perhaps some opportunity here to solve this problem in permitting a public dance hall here. I mean, we talk about consistency. Seima's memo focuses on consistency in treating people in a consistent way. And I think the Foxfire is an asset to our local area. It's certainly much different than what's going on now at Mr. J's. If we could sort of bring this around to something more like the Foxfire, maybe we'd have something. I wonder if perhaps - I note that there are no conditions attached to the staff report and I would like to ask staff - we did have some testimony that, you know, this has been discussed for months -was there new information provided just before the public hearing by the applicant. 9-95 Page 22 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ''~ ~~ ~;i Mr. Borrego, Senior Planner - To my knowledge we didn't receive a full letter of operation until -well, I believe -and that was the first whenever Mr. Farano's letter is dated, which is on the 31st, comprehensive operational information we had received, and that was much, much later than we would typically receive that sort of infommatlon of this sort of a project. Commissioner Henninger - So that's the 31st. And when are the staff reports nom~aily printed. Mr. Borrego - The staff reports would have been finalized Friday morning, on the 1st of Septpembe n tht following day. As I received that letter personally Thursday afternoon and did not have an o po ity -there was a lot of information contained in it that I hadn't been aware of up until that point from an operational standpoint - and because of that, of course, I not only had to take a look at all the information there and try and get ft Into the report which is being finalized lust as I had received that letter, but to try to substantiate or examine some of the points that he had made as well and did not have the opportunity to get that letter out to everyone else to take a look at that point in time and the fact that it was over a holiday weekend didn't help, of course. Chairman Pro Tempore Messe -Jonathan, were there new plans submitted at that time too? Mr. Borrego - There were new plans submitted. They weren't - I believe they were submitted on Wednesday. Again I'll - the information we received was much later than we typically would receive this information. Typically we would receive ft at the time of filing. But that wasn't the case so we were at a disadvantage and that's the reason why you don't see the conditions. !~-~- Commissioner Henninger - i wonder ff perhaps we shouldn't ask the staff to go back and work up conditions that are consistent with Selma's recommendation that would essentially treat this as a bring through all of the restaurant with an accessory dance use similar to something like the Foxfire; conditions that are currently contained in the restaurant conditional use permit that's existing, and then perhaps put a condition that they terminate the previous CUP and replace ft with this new one for a restaurant with an accessory dance use. I think that Chairman Pro Tem .:are Messe - Commission also received information quite late and i know that I haven't absorbed the -for instance -the letter from the City Attorney's office and the Commissioner Bristol - You know, when I look at the - at the different uses, obviously in their remodeling of the facility, they've opened it up Into one large room, not really sectioned off, whereby the Foxfire has a restaurant portion and a bar portion and you don't have to necessarily go Into -you know - you can chose which part you want to go Into. I think that works very well in allowing you to have a restaurant facility that is a restaurant facility and you're able to take your family and your children and whatever and have dinner and not be associated with the bar and the dancing am~aybe there nleedsito be we're going to look at two different entrances as talked about here is~ the letter, a dffferent set of floor plans, plans that shah a separation, show how this is going to be contrdled, and what's going to really take place. Commissioner Henninger - Well, I should perhaps be very dear with my intention. You know we've heard a lot of commentary about the Foxflre and treating this restaurant use consistent wfth the other uses and my thought is that we would perhaps permit a dance hall Ilke the Foxflre, but I don't have any - right now I don't have any sense that I would vote for a continuation of the current entertainment actNity that's going on there. I see this dance hall as a substitute for the current actNlty that's going on there. 9-95 Page 23 S<;MMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Septernberf%1986 ~~ Commissioner Boydstun - It seems to me like, ff I'm not mistaken, that we have two dffferent projects going. They want a dance hall where they can have shows on Friday and Saturday, and yet they want to have a night club act situation the rest of the time. I think it's two dfffereM things and I think I would never go for both. Chairman Pro Tempore Messe - So there's a request actually to consider a continuance so that st<~ff could come up wfth some conditions which would address the things Commissioner Henninger talked about. I think ft would be right for Mr. Farano to address us now. Commissioner Henninger -And then ff we do continue ft - I would - we would, of course, re-open the public hearing. So we would have another full opportunity to have public comments. Mr. Farano - The only concerc~ I have on the continuance is that I haven't had a chance to read the proposed new ordinance that's coming up. I don't know whether that proposed ondinance is intended to prohibft dance halls in this area by way of conditional use permit or not, and ff ft does, and this is a continuance and then the new ordinance comes into effect and bas(cally we've been left out the door and I don't want to put ourselves in that posftion. If that would be the case, then I would have to ask that we Commissioner Henninger -Well, why don't we ask the City Attorney ff that's a possibilfty ff we have a couple week continuance. Chairman Pro Tempore Messe - If the timing is such that Selma Mann - Actually, a continuance until the next meeting, since the meeting is Wednesday, is actually only about ten days away rather than the usual 14. What the Planning Commission would be doing in consideration of the ordinance would be making a recommendatt~n to the City Council with regard to passage of the ordinance which is Intended to clarify for everyone as Mr. Farano hl;nself has pointed out, which zones would be permitted to have a public dance hall. No change would be considered by reason of this ordinance on the Northeast Area Specific Plan, which this property is a part of. That is already being handled by the City Council with the second reading of the ordinance that's going to take place on September 12th, and I'm sure that Mr. Farano will have his opportunity at that time to address the City Council on the issue. With regards to the orolnance that will be consdered by the Planning Commission, this would be in the form of a recommendation to the City Council, ft would need to be agendized for City Council consideration, have first reading, second reading and then be in effect thirty days following the second reading, assuming that the City Council approves ft. But in any event, ft really will not have an Impact in terms of whether ft's permitted or not permitted in the Northeast Area Specific Plan. Because before the ordinance and after the ordinance, I believe that the Redevelopment Department has made ft clear that the intent is not to permft public dance halls fn the Specific Plan. Chairman Pro Tempore Messe - So as far as this new ordinance is concerned, you're talking about a 45 to 60 day time period before ft takes effect. Selma Mann - I guess that is what I am describing. Chairman Pro Tempore Messe - But that has nothing to do wfth what happens in the Specific Plan area? 9.6-95 Page 24 SUMMARY/ACTION AGENDA, ANAi~IEIM CITY PLANNING COMMISSION Sep~rri~er~ 1986 Selma Mann - No. Commissioner Henninger - And with regard to the Canyon Area Specific Plan, would it's final adoption change your recommendation in your memo? In other words, would h prevent us ftom hearing this CUP as a dance hail accessory to a restaurant use? Selma Mann - It would not be final at the time that you consider this. if ft had been final with it expressly considered, I think my recommendation would be different. I think I need to back up a little bft in terms of whether there would be any applicability to this at all when it does come into effect. The proposed ordinance which, of course, you haven't discussed yet, does do some things that I would imagine would be dadfied in conditions anyway, that indicates what a public dance hall does is permit a cover charge and h is for - it permits dancing by patrons in terms of the public dance aspect of it. You know, it's not permitting dancing by entertainers. That for that an entertainment pemtft is required and that is not something that is done by the Planning Commission; that's something that's separately done and treated pretty much as a first amendment type of item under Title 4 of the Code. What the Planning Commission can do is place land use type restrictions with regards to days of operation, hours of operation, such things as the Commission deems appropriate under the circumstances for a particular proposed use that are unrelated to what the type of information is that's being presented. Mr. Farano - The only thing I have as far as the continuance then -and I'm still a little bit unclear as to the Impact of the Spec~iic Plan which the second reading is to come forward on September 12th, is that rorrect? Selma Mann -Yes, but tt would not be then effective until 30 days thereafter. Mr. Farano - And I guess it's my understanding that ff the it is the Interpretation would prohibit public dance halls in this area. Selma Mann - As ft's presently envisioned, yes; unless the City Council changes that. Mr. Farano - if I can consult my client just one minute? Chairman Pro Tempore Messe -Surely. Mr. Farano - I would - I would - I would entertain and go along with the continuance to the next available time, which 1 understand is to be within ten days. Though I just want to make a few points as to what their intention is on the conditions that we are talking about We've discussed Foxflre and a possibility of being somewhat like lt, but I don't want to give the impression to the Commission that my client wants to be exactly like them. The difference would be, i think, that they still intend on having a entertainment license for the girls that dance on the stage and throughout the cocktail lounge area during the day time and when they are not having s cover charge. Commissioner l3oydstun - Can I ask a question about that? My understanding is these girls are Independent contractors? Mr. Farano - I don't think that was relayed to at all here today. I'm not sure - if I can give a legal interpretation right now whether they are Independent contractors or not, sometimes that gets real 1 touchy whether employees are contractors. ~_ t~-95 Page 25 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 1986 ~~ Commissioner Boydstun - 1 guess what I want to know is, do they have business licenses? Mr. Farano - I don't believe they have independent business licenses vec;ause they're not operating under the, I think, SOB ordinance which would require these girls to f';~~~e that. They are dancers under the entertainment license. Commissioner Boydstun - They are entertainment and an artist has to have a business license. I don't understand the difference. ' Chairman Pro Tempore Messe -They're not employees, obviously. em Fo ees or not (dike I saki, sometimest hat gets Into a realtouchy alrea in defln ng exacUY what they PI Y are. If you look at it Commissioner Boydstun -They're entertainers, you're saying? Mr. Farano -Yes. Commissioner Bristd - Do they pay for the time to dance there rather than the house paying them to dance. Mr. Farano -Let me get some clarification for that. Chairman Pro Tempore Messe -You know, this is something that we can really take up after the continuance anyhow. That would be under the operation. Mr. Bristd wanted to address us for a moment. Could you hold on, Jeff? Commissioner Bristol -Yeah, Jeff -How are you? i want to go on record that I was at Mr. J's on Saturday around 3 o'clock and I kientffled myself right away so I didn't ~ andn ih applicaM,es that it gentlemen over there. But I want to let it be known, especially to you, did not feel like a restaurant to me. Even identNying myself, I went in there to look at ehe anted td see o see tt=<~ movement of the -the one floor had been removed ..long tirra ago I suppo what was going to happen tc the bar. That was my intent. Again, and I guesstimating that I probably saw anywhere from 11 to 15 people inskle at the bar in the cocktail area. The gentleman right there - I think Rod -was kind enough to show me around upstairs and etc. and I felt the two very distinct operations to be. I didn't feel that the dance area inside had anything to do with food whatsoever. And ff the comment is made by as comparison of the Foxflre that you made in your letter and to this, I can't see anybody entering that facility to eat -period. Unless it were to be a separate entrance, especially if you arm going to pass the bar -and how would a child enter this place? Whereas Foxfire, I know that I can enter Foxflre and I can make a decision whether to go to the left or go straight ahead to the right. So I thought for the record I would indicate that to you. Mr. Farano - In addressing Commissioner Bristol, I think that is one of the reasons why they have asked for the change that they dkl in the item 1. is to create a separate dining area, In that you have to go - basically you are eating in the area where the entertainers in the cocktaU lounge area is. ?hays really the reason why trey want the separate dining area in the back. Their intention is to, I believe the last set of plans that were submitted is, for a wall that goes across the back of the area which would create the separate dining area, so with a separate entrance on the rear. 9~5-9.'i Page 26 SUMMARY/ACTION AGENDA, ANAWEIM CITY PLANNING COMMISSION ~ t9~ Chairman Pro Tempore Masse -And those plans were submitted in coordination with item 3 and not with item 1.6. Mr. Farano -Well, actually they were a combination of both because the plans submitted show the bar being moved f~nNard. Okay. Chairman Pro Tempore Masse - But 1.6. did not create a wall and a separate entrance and I want that to be perfectly dear. Mr. Farano - Right. The Commissioner Henninger -Well, why don't we go ahead and I'll move for a continuance Mr. Farano - Let me darffy on the wall ff I could. What we clarified was there was no separate cover charge for the two. The wall is necessary - tt doesn't do any good to move the bar ff you don`t separate the dining ftom the restaurant area. Commissioner Henninger - The wall doesn't s'~ow - we have to go back to re-open that issue ff that's Chairman Pro Tempore Masse -and is there a separate entrance also then in I.B.? Commissioner Henninger - That doesn't show on the plan. I` _ M hat wenre going w the right direction is Pl thetwall iseshownmo separate the two aeeas a totl~ n8ig8 not there was no reason to move the bar. Chairman Pro Tempore Masse - The plans for item 1.6. -Jeff, Jeff -let's go back to 1 B. Mr. Farano -Okay, let's do that. Chaim~an Pro Tempore Masse - Was there a separate entrance and a wall in 1 B.? The plans that were submitted. Mr. Farano -The plans, as I understand that w;.~~e submitted, shows a separate entrance on 1.6. Okay. It doesn't - In my letter discusses Chairman Pro Tempore Masse - I think we may revisit that item right now. Commissioner Henninger - I think we will have to re-open that. Why don't we get done with item 3. I'll move for a continuance Selma Mann - Mr. Chairan, one thing that you may wish to do is to give Mr. Farano an opportunity to ask through the chair any questions that he may have of the police officer and code enforcement officer that are present and presented testimony. Chairman Pro Tempore Masse - If he has any such questions he has the opportunity now. 9.6-95 Page 27 SUMMARY/ACTION AGENDA, ANAHEIM CiTY PLANNING COMMISSION ~ t9A6 Mr. Farano - I don't Intend on asking the officers any questions at this point in time other than to point out the testimony is that the fact is that they were there during a time where they dkf receive food, they were offered food. I'm not - And in the second instance where they said they were not offered food; they were able to order food ff they want; they were there during cocktaN hour which is standard restaurant type thing where they have a buffet or something -food on the table, but they were able to offer and were able to obtain food ff they desired. I don't think - I'm not qufte sure ff !would agree that they had to work to get it, all they simply had to do was ask for iL The menus were ~ivapable, so - it really gets Into a grey area and I'm not sure you could fall on one skfe or the other. Chairman Pro Tempore Messe - Well, we just wanted to know ff you had any questions to ask them. Okay. Commissioner Henninger - Okay. So everybody is done I'll move for a continuance to the next meeting on September 18th. Chairman Pro Tempore Messe - There's amotion - Motion was seconded and passed. Commission lenninger - i would like to offer a motion that we go back and briefly re-open the discussion on 1.6. Jonathan, the plans~that wereesubmitted with item 1.B.m doothey sshow a separate entrance? d ` - Mr. Borrego -The or;ginal plans which were submitted with 1.6. dkf not show a separate entrance. And the analysis that was done on item 1.6. for the substantial conformance only covered the bar relocation, nothing else, based on the plans that were submitted. Chairman Pro Tempore Messe - And I think we got verbal commitment out of h1r. Farano that that was true earlier. Mr. Borrego - Now, ff he is now referring to the revised plans which were subms of thesubstantial Tuesday or Wednesday of last week, those plans weren't analyzed for the purpo conformance staff report because there are some changes in there, in the new floor plan, that go beyond just relocating the bar. I would probably recommend that ff it (s their intent to have those plans approved with substantial conformance determination then that request should Have been continued and we could have done a full analysis on the report and recommendation item because it wasn't my understanding that those plans were the ones. Commissioner Henninger - The staff report -and we should be clear about this - the staff report only contemplated the relocation of a bar, it didn't mention anything about a second entrance or new partitions -interior portions, in the building. Commissioner Boydstun - We asked that question and it was confirmed. Commissioner Henninger - So I think we could do two things - we could rescind our previous action; we could clarify that li's just relative to the bar and the plans that were submitted !arlier and not the new plans. E~ \ 9-6'~ Page 28 Sl!,MMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 1986 ~; Chairman Pro Tempore~ Masse - I think that actually when we passed that, that was done. Is that Commissioner Henninger -Was that darffied? Mr. Borrego - That was darffied. Commissioner Henninger -What do the plans look like that were stamped 'Exhibit for item 1.B.? Do you have those plans in front of you? Mr. Borrego -Yeah, we do and that plan just shows old bar and new bar. Commissioner Henninger - It doesn't show any other entrance than Mr. Farano - i wasn't aware what set of plans he was referring to. Chaimtan Pro Tempore Masse - Well, I tried to make that dear in the beginning (n item 1 B. and Item 3. Mr. Farano - The plans that we are looking at right now -right now are the plans that were submitted, the last set of plans that were submitted last week. And I understand that they were late submitted until they finally figured out what they wanted to do, and that is, it includes a wall across the back to create the separate Chairan Pro Tempore Masse - Let's cut to the core - Do you agree that Item 1.B. conformance issue dki not have a separate entrance and a wall separation? Mr. Farano - If you were referring to the first set of plans that were submitted, that's true. Commissioner Boydstun -And that's what we passed. Chairman Pro Tempore- and that's what we passed. Okay - do you understand that? and your client understands that? Mr. Farano -Yes to the first question and I'm sure they do to the second. What they want is the separate wall Chaim~an Pro Tempore Masse - But that will come with item 3, when we discuss that in two weeks. Mr. Farano - All right, Ail right - Chairman Pro Tempore Masse - We'll discuss that on September 18th. Mr. Farano - We'll accept that. I think. Chairman Pro Tempore Masse -Okay -thank you very much gentlemen and we'll see you in ten days. Commissioner Henninger - Jeff, you need to work promptly with staff to get - H you want to make any changes to these plans or your letter of operations, so that they do have time to produce a staff report. Mr. Farano - Very well -thank you. 96-95 Page 29 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Septerrtber6,19B6 (` 1 9-6-95 Page 30 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Septerr~ber~ 1996 ~.l 4a, ,~EQA NEGkTNE DE~LARATI N 4b. rENERAL PLAN AMENDMENT N0.339 4c, A6 END NT TO THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (SP 7-1 Approved Recommended adoption to the City Council Recommended approval to the City Council OWNER: P9 ~~~ a Plaza,INewpo BeachRCA 92660 NIA, LOCATION: Subject property is an irregularly-shaped parcel ofi land consisting of approximately 2.8 acres located on the northwest comer of Sunset Ridge Road and Serrano P.venue, having approximate frontages of 180 feet on the north side of Sunset Ridge Road and 430 feet on the west side of Serrano Avenue, and further described as Development Area 8 of The Highlands of Anaheim Hills Specific Plan (SP87-1). Petitioner requests approval of General Plan Amendment No. 339 to amend the Land Use Element of the General Plan to redesignate subject property ftom General Commercial land uses to Hillside Medium Density Residential land uses. Amendment to the Highlands at Anaheim Hills Specific Plan (SP87-1) to amend Exhibit Nos. 5, 14 and 23 to redesignate Development Area 8 ftom commercial land uses to single-family residential (attached) land uses and to amend the Development Area 8 Zoning and Development Standards to permit a 32-unit condominium complex. GENERAL PLAN AMENDMENT RESOLUTION N0. PC95-105 AMENDED SPECIFIC PLAN RESOLUTION N0. PC95-106 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. David Boyle, David A. Boyle Engineering, 2076 South Grand, Santa Ana, representing the Presley Company, explained their request (s to amend the General Plan and Specffic Plan 87-1 to redesignate A 2.8-acre site ftom Commercial to Hillside Medium Density Residential. According to the studies that have been done, it would reduce traffic and it would avoid conflict along the boundary that exists between residential and commercial. It also allows the expansion of the curr~N anted favorable fiscal configuration to incorporate a community center building and presents a pos impact. The Presley Company staff has met with the local homeowner's association and they have responded in a positNe manner, and city staff has also receNed positNe comments on this proposal. 9-6-95 Page 31 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 1986 Mr. Boyle stated there are two staff report corrections to be noted and he has made these corrections known to staff. The sfte location and description on page one, line 3 -where ft reads 570 feet, it should be 180; and in line 4 - where ft reads 1,100, ft should be 430. There is also a correction on page 8 -the last sbc lines -staff has made this correction and has had a new page printed. He asked Jonathan Borrego to give that to the Commissioners. That should read 'and no greater than 1596 rf the Development Area 8 along Serrano Avenue'. THE PUBLIC HEARING WAS CLOSED. Linda Johnson, Senior Planner, stated staff concurs with the corrections to the staff report. Commissioner Henninger stated this seems like the right thing to do there as we don't need a lot of empty commercial space. Commissioner Henninger offered motions and resolution for approval. ACTION: Approved Negative Declaration Recommended Adoption of General Plan Amendment No. 339 to the City Council Recommended to Council the approval of the proposed amendment to the Highlands at Anaheim Hills Specific Plan (SP87-1) VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Deputy City Attorney, presented the written right to appeal the Commission's decision within 22 days to the City Council. Chairman Pro Tempore Messe declared a recess for eight minutes. 9-6-95 Page 32 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Sepbrnber6,1996 ~_ 5a. CEOA NEGATIVE DECLARATION Approved 5b WANER OF CVDE REQUIREMENT Denied 5c. rnNn1T1ONAL USE PERMIT N0.3787 Denied OWNER: DANTE AND EVELYN ENCARNACION, 1315 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: +315 and 1321 South Anaheim Boulevard. Property is approximately 0.47 acre located on the west skle of Anaheim Boulevard and approximately 760 feet south of the centerline of Bali Read. To permit a 46 bed board and care facility (currently 36 beds) with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-107 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 3 people spoke in opposition Dante Encamaclon, owner of 1315 and 1321 S. Anaheim Boulevard, stated he would like to Increase the number of beds ftom 36 to 46 at this business. Joe Seilarole explained he lives on the same block behind this property, at 122 Hill. He referred to a letter he had brought in this morning, and ft was then distributed to Commission. He stated they have the same continual problems that go on where the clients from this facility roam around in the streets. The night of the last Planning Commission meeting, they had to call the police out again because during the evening at this facility they had one staff member in charge of those 36 dients and on this occasion, one of the staff was taken away in an ambulance. He Inquired of one of the firemen there and was told that someone had taken sick and they were taking them in the ambulance. He then became concerned as ~a thought that there was no staff on the premises and he told the freman about the meeting at Planning Commission that day and he was cold to just write down everything that was going on. After he told the fireman that he had talked with the state license bureau, the fireman asked if he could have that number, which he gave to him. Mr. Sellarole said that he and his wffe had been there a couple of weeks ago after one of the dients had been in the bushes on their property smoking what was thought to be marijuana He explained he has the owner's number and that he tries to call him before he calls the police. The owner keeps assuring him that things will get better, but they continue to persist. He and his wife and a neighbor went to the facility to identify the person they believed to be the one they saw smoking. They were concerned because of the cockroaches crawling all over in the middle of the day; and added the facility just dkn't seem to be very clean. They felt that the hallways were very narrow and they didn't see a sprinMer system, which may not be required, but they were concerned because the dients smoke there and they are always smoking and they had a deep concern for the dients In case there 9-6-95 Page 33 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Septerrber6,19B6 should be a fire. They were able to klentify the woman and she apparently thought that she had a right to be on their property. The manager told them that she had been warned before and she would be removed ftom the facility, but she is still there. They have observed some of the others ftom this facility sleeping out in the alley and just yesterday there was someone sleeping in the alley. They have seen homeless in the neighborhood coming and going to this facility constantly and they have talked to the owner about that also. Now they have people who shouldn't be there. On the way to the meeting today they observed a dient of this facility sitting on a bus stop bench in very dirty dothes with her lunch bag on the bench next to her, appearing to be a homeless person rather than someone who has board and care. They have called the poice many times; and have talked with Linda Agate at the state licensing board who is supposed to come out and respond. They are concerned because at the last meeting it was stated that even child mdesters are conskiered for placement in this type of facii'dy. There are many children in the area. Two or three nights ago someone was trying to climb over a neighbor's wall and the police responded with cars and helicopters. Others who signed the petition presented t.~ the Commission today have told him that they have persons ftom these properties come over the fences and go through their yards. They want their neighborhood to stay nice and cared for and taken care of. He added if they increase this facility, that would put 46 at this facility and 40 at the other facility which would be t36 of these mentally disturbed people in their neighbofiood, which would far out number tho residents in the . w neighborhood. He added most of the time, these people wander the streets and watch the resdents come and go. They come on the property and sit on the brick planters in front of their windows. They are not only concerned but afraid and it is very intimidating sometimes the way they watch the neighbors. Anna Sellarole, 122 W. Hill Place, said she doesn't know 'rf there is any ordinance about this, but most of the goings-on occur at the back portion of this property. They rarely, if aver, use their entrance and exits. She believes that the gates on Anaheim Boulevard are locked b~. alt tames. They have discussed this with Mr. Encamacion. Their window looks right out on the back of tY~~:,r property and he told them that he would put a lock on the back gate and tell them to do their coming and going out the foont, but that never came about The other faciliiry like this at 127 Hill Place and the one at 1315 South Anaheim Boulevard are approximately 65 feet apart, so the people all know one another and they are just converging right on the cul de sac which is their front yard basically. Regarding the parking waiver, on page 4, item 17, it states that the resdents do not drive vehicles and generally do not receive visitors and that is not true. They have more visitors than probably moss anyone in the neighbofiood. She knows that at least 4 of them, w~~ich she has seen, drive their awn cars. The staff report also states that there are three 2-car garages and that would be ample parking. There are three vans parked there and one is there every day - morning, noon and night. There were fourteen cars that are there continually which causes a parking problem for the neighbors; and two mobile homes that come on a monthly basis. She was not sure, but she thought that they might be doing some type of medical testing as she can see the personnel wearing white jackets. They park in the alley which is at 122 Hill Place, 1315 Anaheim Boulevard, and the property next to that and all of their garages are in that 9-95 Page 34 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COnAMISSION ~~ 1986 alleyway. When they block the alley, they can't get out of their garages and this makes them late for work or wherever they are going. Another problem that has recently reared its ugly head is prostitution. Yesterday there were two suspected prostitutes and they were both talking to the male dients of 1315 S. Anaheim. One of them left with one of the gentlemen and they went to Burger Igng, which is across a large parking lot, and they went IMo a dumpster area there. This Is a real concern. She added the lady they iderrtifled as the oared to be alone.inShe added she does noknow what thatameans but it was ratheealarmingar~ in her Y Pat Boydstun, owner of 138 Hill at the comer of Iris, near this facility, stated it is interesting to her, in speaking with Mr. and Mrs. Sellarole and a couple that purchased the building across the street from her but they all have the same story -that and also their tenar>ts, these people do not know one another, their peace and welfare is being disturbed by members or dients of these two homes. She stated she and they said they never saw asked her tenants this morning how they felt about these additional beds, anything posted~o tohincreasingthetnumber of bedsas nog neral~they justincan~t handle t`nrhaYs there definitely opp already. She stated the 127 Hill facility was cfted because the state did Inspect and found that they had someone in an adjoining apartment complex and not in their units. S..e explained she is bringing this to Commissian's attention because ff they ~fo ~ ~cil h and that does impact a naighborhoodftand ft is a apartments, that is not a part of their app nY concern for the state licensing board. She added there is nothing in this report about getting information from the state licensing board and the person who handles this area is Linda Agate, and she is in Santa Ana. She is wondering why staff does not also include information from her. Ms. Boydstun stated she spoke with Ms. Agate this morning and she was uut at the Anaheim Boulevard property after she had receNed calls from tenants in the neighborhood, as well as the Fire Department and she was able to confirm many or most of the complaints. She stated she thinks there is a problem here. Ms. Boydstun stated she has read articles about how Anaheim is working hard to keep businesses here and about remodeling the Convention Center and Improving things generally. She asked the Commission to please help keep this neighborhood nice. She explained their one tenant has INed there far fifteen years, and he is happy and they don't want him to leave. She has talked to another 20-year resident who INes next to the Anaheim property, and they have rights too. The homeless people have rights; but they are causing more of an impact on the tenants in that area than vice versa. She asked about the two reports for the police and how that data is coded, and whether it means the number of calls that they've made k~ecause of that property or is that some kind of written report that eve tubuilding oe ahpartment on thamstreet in order get a better flavor of wnhat i~l going onceNed from ry Ms. Boydstun stated she hoped this won't be approved. She asked why they have so many beds, 80 beds now, within a small area that is causing a lot of people a lot ;,i disruption. She added one tenant said, "by the way, the police were out again Iasi night, and that gets pretty upsetting for the tenants. 9.6-95 Page 35 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Septen~ier'6,1986 :` ~. Shd called attentio•:~ t~ an error in the staff report -page 4 -item 20 -the Police Department record indicated that a tota% ~~ 2 missing persons reports were on file for this property and they noted that the 127 Hill Street facility had received 25 calls for service during 1995. She stated she talked to Julie Longsdale this morning from the Police Department and she told her there were actually 24 calls including those two reports. A lot of times when they call late at night, they don't want the pdice coming to their door, for obvious reasons, and they just want to get back to sleep and get on with their lives. In all actuality, 1315 S. Anaheim has had a total of 26 inckierrts, including the two reporl~; mentioned in the staff report. She did not get a printout of that because she would have to rru~ke a written request for ft, but it is available at the Police Department. Mr. Encamacion stated that the Community State Licensing visited him a week ago and verified all the complaints and he was not proven guilty of anything. They asked ff addftional staff could be provided for nights for better supervision to watch the clients more and that supervision is needed so that the neighbors wouldn't be bothered. He stated he is doing the facility himself and he spends at least 4 hours a day monitoring the clients and he is trying his very best. He explained this is an open facility and the Community State Ucensing is very strict regarding the cl(ent's rights. When they leave the facility, they are on their own; and he has no authority to try to control them then. Chairman Pro Tempore Messe asked Mr. Encamacion ff he was saying that the licensing agency has asked him to add supervision at night? Mr. Encamacion replied yes. He stated that he has added two more staff, in addition to himself. He has also moved to Anaheim. ~ --- Chairman Pro Tempore Mes;;e asked ff the numbers in the staff report are incorrect? Mr. Encamacion said it should be 3 at night, plus himself, which is 4. He has received complaints from the neighbors and he wants to work wfth his neighbors and do his best to please them. Chairman Pro Tempore Messe asked how many staff members were on the 4 PM to 12 AM shfft? Mr. Encamacion said 3, excluding himself. He is staying late at night. He just moved here to Anaheim. Chairman Pro Tempore Messe asked about the mid-night to 8 AM shift and Mr. Encamacion saki there should be 1 guard awake at night to respond to emergencies like fire, etc. The clients do have a curtew hour of up to 11 PM and the cl!snt has to be in by then. Chairman Pro Tempore Messe asked ff the clients work Jurin; the day? Mr. Encamacion said yes. Most of them are attending a partial hospitalization program in a hospital. That's why the neighbors thought they have a lot of visftors. They are picking them up only for two minute pickup and they go to school. Chairman Pro Tempore Messe asked ff they are gone from the facility every day? Mr. Encamacion saki yes, and they are back around 4 PM. He addef he realizes and he has been tc,,d by the Community Licensing, that he had better put a lot of staff there at night in order to supervise them better because most of those 36 people are there at night. 9~fi-95 Page 36 SUMMARY/ACTION AGENDA, ANAHEIM CITY PUWNING COMMISSION ~ t9B6 ~~ Chairman Pro Tempore Muse how many employees they have during the hours of 7 AM to 4 PM? Mr. Engmacion saki including hlmrtialfhosefitalizat on program of'che clients are at least S and under. Most of them are attending the pa P Commissioner Henninger asked ff any of the clients have cars? Mr. Enocama~iC t~ ~ here (s one faclliry van foreec~reation. That's what the n i9hbom aiwaYs See in fron Chairman Pro Tempore Messe asked ff visftors come through the gates on Hill Place and Mr. Fnca street and~there is a tendency o the clients to neledssupenrision ~He added heiwould be wilyg to busy change that ff desired. Commissioner Boydstun asked if Mr. Pncamacion gave any of his clients medic,.~tion, and ff he has medication on the premises? Mr. Encamac?on said yes, and that he is the one that gives ft to the clients. CommissiaP~~er Boydstun added that she doesn't know how they are operating wfthout sprinlders. Mr. Encamacion responded he has been cited by the Fire Department and he has a building permit last November and he was required by the Fire Department to put in a one-hour corridor. He modified the ~~_. place and spout a lot of money. Commissioner Boydstun stated that it was her understanding that ff they gave out medication, that there needed to be sprinMers, so she would like to ask staff to have an inspection done. ~:;hairman Pro Tempore Messe closed the public hearing. Alfted Yalda, Principal Transportation Planner, Traffic Engineering, saki in the report that the applicant submitted to the Traffic Engineers, ft states: 'The residents are not able to drNe and do not keep any vehicles on site.' Also, he recalls in the public testimony that there were two mobilehomes that come there and also that there are three vans parked thtlr~e, i~ eels to eRher~update the Parking study or~rt that was submitted to staff. He explained the app provkJe some clarification as to who these cars belong to and what are they used for because based on the parking study their residents do not have a car, they do not drive a car, they do not have any visitors. The Traffic Engineer's decision was made based on that so they need some clarification ftom the applicant. Mr. Engmacion said that the two mobilehomes are the dental and physical doctor service that comes to the facility for the clients to go to for dental service eves y three months. There are two clients that I Just havePic~enses. He added a gave theim all t e parking spa a in hisi ga ge~ but they ars not~authorized to drive and do not have licenses. Commissioner Boydstun saki she doesn't know how it is right for these mobilehomes to park in the alley a rked there angel with~cars getting in and out. id not think that alley is big enough to have mobilehomes Pa 9-6-95 Page 37 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~~ ~~ Mr. Yakia stated they shouldn't bra parking there at all and that, based on what he i~as heard now, he thinks that the six parking spaces may not be enough for this site. Chairman Pro Tempore Masse Interjected that ~~e thought with the increased number of employees and the two cars parked there, there would bQ Nroblems. Commissioner Bristd saki that he has another concem. He was there on satuniay about 1.30 PM and that he entered, the only place he could. He parked on Anaheim Boulevard which tre thinks i ~e ~, e~ he tried to get in the front and he couldn't It's pad locked, which >s weird, because it He~had a real ftom the street side. Ha explained he went around to Hill Street and in the back way. difficult time getting anybody to talk to him. Flnally, I thaugM a patient or a ddnt told him to go to the kitchen. He went to a couple of ladies there and one didn't understand what he was saying. He k1e~~ti8ed himss!f again, and just explained that he wanted to look around and get a feel for it He stated he dkl not get anyii~ ng communicated with her at all. In fact, she had a ;xoblem as somebody had entered like he had ,unannounced, and was in the patio area, where he thought they could smoke. They were having a tough time getting this guy out. He added he had just kind of gl enced a to ~anci where are these peopl g 9 9 left. He added the concem he had too, was ff there was a fire, a to go, it's all timber there and the out? What are they going to do? There's no place for these peopl only way they could exlt would be over what he thought is the all wood patio. Commissioner Bristd dac6fied that the ftont gate Is pad locked ftom the outskle. Chalm~an Pro Tempore Masse said there arc s:hree gates in the back. Mr. tncamacion indicated something aboui +.hem just forgetting to open lt and that he always falls them to open it Commissioner Bristd said that applicant had just commented that he doesn't have any contrd because meanstthat they can't cont d those coming inhto s'ee tie d eintssor the pate nts?e asked ff that also Mr. Encamacion darffied he meant the v(sltors and explained lt all depends; that ff they are ~romeless people, he can tell them not to do it He cannot stop them because they have their rights. He stated ha is very strict The Community State Cleansing is very strict regarding this. Commissioner Henninger said he has a comment Ha thought the most tailing piece of testimony he has heard so far this afternoon was the comment about this i'dtle neighborhood arxi thi, ratio of beds for this type facility to the homes and lt seemed to him that perhaps that is already out of balance and maybe lt should :~e made more in balance. Commissioner Boydstun saki that she would Tike to request that staff check on the code regarding her understanding that ff there is any medication handled by the faciity, lt is ~ safety matter and they need sprinlders, and she ~.vould 11ke to have an Inspection done on this faculty. Commissioner Bristd added lt should probably be done on both properties, this and the one on Hpl. Commissioner Baydstun added ff they are doing medication, they should slsa be checked• 9.6.95 Page 38 SUMMARY/ACTION AGENDA, ANAHEIM CITY PUINNING COMMISSION ~~ ~~' .~ Commissioner Henninger added he thought the primary resp~`nsibility for these fadlities rests with the expeessed our con em about thempact these facilities are having o e ~ surrour!ding neigh tyborhood? iNr. Borrego stated not to his knowledge, we haven't. Commissioner Henninger asked ff perhaps we should do that, ,and asked staff to send a letter to them expressing the Planning Commission's concerns. Chairman Pro Tempore Messs added the letter should be relative to these two specffk: facilities. Chairman Pro Tempore Messe felt actually they might not have agreed to the expansion on this facility and thought they wait for the Commission to take their vote before they even say yes or no. He thought n may be interesting to find out what their thoughts are. Commissioner Henninger added that perhaps in the letter, we could ask for their opinion and ff they believe after they've looked at it, that there is some appropriate action they a~ a going to lake, they could report that back to Commission. Commissioner Boydstun saki K would be nice ff we could ask them some of the questions that were asked of the Commission, such as ff these patients are allowed to have vehides, and what the restrictions are as far as being in by a certain time and also that the provider has no rights to enforce anything. She thought there must be some rules. - Mr. 8orrego said that staff would get answers for Commission on all tha Issues. Chairman Pro Tempore Messe suggested maybe somebody from the licensing agency could talk to the Commission gat a workshop. ACTION: Approved Negative Declaration Denied tNaiver of Code Requirement Denied Conditional Use Permit No. 3787 VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Deputy v!ty Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. 9.6-95 Page 3~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Sepoerniterf~ 1986 ~, rFOA NEGATIVE DECLARATI N 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT N0.3784 OWNER: JEFFREY GRADLOW, 10577 WOkins Avenue, Los Angeles, CA 90024 AGENT: GENE MITCHELL, 624 S. Grand Avenue, #900, Los Angeles, CA 90017 LOCATION: 2929 West Ball Road. Property is approximately 1.36 acres located on the north skis of Ball Road and appro~mately 130 feet west of the centerline of Gaymont Drive. To permit an 80-foot high cellular communications tower wfth waiver of minimum structural setback. CONDITIONAL USE PERMIT RESOLUTION N0. Continued to September 18, 1995 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the September 18, 1995 Planning Commission meeting as requested by the petitioner. VO1f: 6-0 (Commissioner Mayer absent) 9-95 Page 40 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 1986 7a rEQA NEGATIVE DECLARATION AP~~ed ell 7b. WAIVER OF CODE REQUIREMENT Grant 7c. rONDITIONAL USE PERMIT N0.3780 OWNER: QUAKER CITY BANK 7021 Green Leaf Avenue, Whittler, CA 90602 AGENT: BYUNG S. HA, 184 Duranzo Aisle, Irvine, CA 92714 LOCATION: ~1 West Lincoln Avenue. Property is approximately 0.57 acre located on the north side of LJncoln Avenue and approximately 160 feet east of the centerline of Belinda Circle. To permft church in an existing 3-story, approximately 13,450 square foot, office building with waiver of required landscaped setbacks for institutional uses adjacent to resldd(i ~ of landscaping, and minimjum~M to a street frontage, required pa 9 number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-101}.- i ~... FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: One person spoke in opposition Kevin Haah, representing Holy Grace Korean Church, stated some of the church members are here today also and they hope that the request before Commission today will be granted. The church is a Korean Immigrant Church, Korean-speaking church, which started in 1980. Many members speak Korean and others are not fluent in Korean. The mission ofrti ularlurthe Korean America sin theo share the gospel of Jesus Christ with everyone that they The~ct~urch is currently located in Garden Grove and Southern Calffomia/Orange County community. desperately hopes to move to this new location ff the conditional use perrnft is granted with INeable restrictions attached to ic. There is a mistake in the staff report as to the membership of the church. There are 89 actual members of the church, however, children are not counted as members until after they are baptized and confirmed. Currently they have two services. One at 8:30 AM. on Sundays when there ~mately ~ approximately 40 worshipers and during the second service at 10:30 A.M., they have appr worshipers. In addition to that they have a lot of children, as well. He wasn't exactly sure of the n oblems (n theme community c;an be betteedeat with ffmhe childen~atre taught properiy~The~i~astbeen P an emphasis on Sunday Scholl training. Referring to staff proposals, there are three recommendations that he would 11ke to ask Commission not to take. One recommendation is that the number of oar, hioners be limited to 89. Right now they have 9•ii-95 Page 41 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 19A6 more than 89 parishioners. It is not an acceptable option for the church, ff that limitation is adopted by the Commission. The second and third issues are more flexible to them ar~f they waM to try to workto eend b tein o bons with regards to church actNities ending at ten o'clock in the evening. They expect Y most occasions, but sometimes during the year they have midnight services at the ue~and the ear and would want uoebe hunch and waM t ftsee ff they can work things out with regards to that. y e>~t to be very q Thirdly, regarding prohibition of wedding receptions, he is wondering ff Commission could withheld ftom adopting that provision as well, because sometimes, as a church, they do have weddings and it Just happens that in many Korean immigrant families, receptions are held at the same location the wedding ceremony actually takes place. Sometimes it may be a very small wedding and sometimes ft may be a i'dtle bigger, but to have a blanket prohibition against wedding receptions would be something that would be a little difflcuff. He thought they can wont something out in terms of putting some kind of condition that might work for both parties concerned. It appears ~ n t situationt~oTherehcurrentiy are 6 dparkfn9 sPacesraval ~ ble etas a result of the traffic study or the pa g ce is deemed to have 3 persons urger the code, and ff this site. He understands that each parking spa that is so, h allows for at least 156 people to be on the premises, not just 89. They want to propose something more comprehensNe. Traditionally, in their community, because they are a new Immigrant community, many people do not drNe. They have many elderly who do not drNe and they have a church van that picks them up. In fact, they Intended to~irnsffy Stem. They have a van righg Wows aril can get otherv ens and try to work comprehensive van p 9 Y ens that about a third of the church something out regarding parking situations. Also, k just so happ The church is members own mini-vans and wfth that these is a tendency for people to car pool. extremely communal. He felt that ff the church would make the effort to ask their members to car pod, the members would d~ ft. They have been having success splitting their serolces to 8:30 AM~ind 10• b e sahey hmlgh~t have ais he these types of effort to limit the number of people and Iimii the pa 9 P church grow f~ ~~PCe ~o try to work something outcept. They have two services now, but might even ha Another alternative they have considered ff the church does grow and they do need other parking spaces is, they may be able to go to a parking lot maybe a mild or two away actually ftom the site and have shuttle services going back and forth. He has gone to churches that had that and many churches actually have these shuttle services between remote parking lots. For people who go to their site every day, having shuttle services is very inc nrn or van kpooling, those things really v ork. They believe that it day a week, shuttle service or car pod 9 can work for this church. Kenneth Catanzarite, attorney in Anaheim since 1988, owner of the Property Dnmediately to the east of the subject property 2331 W Lincd~ Avenue, a 16,500•square foot commercial office building, which he bought, renovated, hand ~ scent ~oP23~3~ Which is 232 Wi Lincdn Avenue, a build ng which he bought the building im Y 1 9.6-95 Page 42 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION S' 19A6 out of a foredosurei~. eThatHe~hasgncreased the occupancy i that bu dingrto~a~ut 0%om thpe low of fixing it up, ga 9 3596. He has also purchased 2301 W. Lincoln, 22,000 square feet, and now has that buAding aim fully leased. He stated this is a commercial z0tiees at~his own expense, with~no Community DeloP ent money and refurbished all three of his props he pays the taxes. He stated the building adjacent to him was owned b~ ~ th~at~ou~pert~y It~ist ill sufted property, SKG Properties, and they operated~anmanagement company for the use that is contemplated by the app He stated he has nothing against churches and attends church himself. It (s s(mpiy that the zoning code appropriately identffies a 29 to 1 ratio, 29 per thousand square feet of sanctuary required parking for uses such as proposed. That use is not appropriate in this instanco and they are asking for a waNer. Planning staff indicated that their contemplated use, which they represented i~in eiatra~i~tiarn~, tsh~eff development proposal was 2300 square feet of sanct~ rys>~h~~~~te ~g Mme before the deri\-ed a required number of 99 spaces. The appl Commission and said that is not quite correct, and asked the Commission not to limit them to t39 members. They have indicated they have grown from when they movti tom isaokay ff you want love grown out of their building. They are asking not to be 1lmited to 89, rted the parking requirement measure their parking requirement" and that's how the traffic study suppo Mr. Catanzarite stated that they will have eicant is hedg ng hhis bet when heclomtesnbeforle thend misleading. He stated he guessed the app Commission and says, 'gee, our mambership is slightly more than 89 and I'm going to be uncertain because we haven't quite baptized everybody, but they attend the session' He thought the Commission ought to keep that clearly in mind. He explained he had a private investigator who investigated the operations on the da~~has both lover the last couple of weeks -and he advised him that the building they currently occupy 2500 to 3000 square feet of sanctuary now. The reason one can assume they have quoted 2300 square feet of sanctuary is that backs Into the parking requirement. ;hey have 52 spaces, so ff they are not going to adversely Impact adjacent private parking, which is his adjacent prNate parking they're contemplating impacting, not van pooling from a milino at 29-1 ratio on their existing sanctuary o 3000 the street on his properties and walking over. App y 9 ces. square feet, you end up with an even larger number of required parking spa Mr. Catanzarfte stated It appears that they are quite concerned about this because they are asking the Commission not to Iimft them to 89 members. They are talking about being flexible. They are asking the Commission not to Ilmit them to not have weddings. He stated he has professionals in his buildings and has professiba~ 8' ~ ess ~ berlweon the ho rs ~ 7 Saturdays frequently. They also work sometimes on Sunday, AM and 6 to 7 PM, five days a week and also on Saturdays. They've ;mproved that area with their commercial use. He referred to summary by Rick Hawes which analyzed what he observed. He also has photographs for the ~ hs su ion rta ands Mr. H wes oan auther.,l~,a a the photographs but he wanted to qulcldy cover photcgrap RPo f3~-95 Page 43 SUMMARY/;ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 19~ in a summary fashion that to which Mr. Hawes would testify. He explained the point is that their application is false and the photographs will show that. Their representative indicated they have a mini- van operation; however, there are a lot of Mercedes, Lexus, etc. and he dkl not see many mini vans in those photographs. Those Photographs are of almost 60 cars at their existing operation, not even 52, and that's not everybody. In addition, he has 35 licensed numbers that he took down and Mr. Hawes will testify that those people left their cars and vehides and entered the church operation. Also, in the summary analysis Mr. Hawes spoke wfth one of their parishioners and he indicated they had 180 members. He also obtained this flyer printed in Korean for the church which they had translated. The flyer, their own evklence, shows their hours of operation at 17-1 /2 hours or more a week, not 10 as they propose. He added that there are no weddings listed on there, and now they want permission to have weddings and they say they will be flexible about their weddings. He said they are not opposed to a church, but are opposed to amp use other than commercial because of the adverse impacts on the neighborhood and the traffic would be slgnfficant. They openly admit that their membership is greater than 89. There Is some question about their own traffic study, and his evidence demonstrates that there are 60 or more cars in their parking lot. Their evidence indicates that they have more than the ten hours of operation that they represented in their CUP application; that there are more cars than they represented; and that their hours of operation are greater than what they represented in their CUP application. Mr. Catanzarfte stated this applicant who made false and misleading statements fn their own CUP application, doesn't like the recommendations of Planning, and comes before the Commission and asks to modify even those recommendations and make them less stringent. Obviously, so that they can have more cars and more people and more density and more traffic and more interruption wfth surrounding land uses both public and private, and more interruptions to the contemplated commercial use in the area. He pointed out that there is no money to be made in the City for this; and that everyone who is tenant in his buildings pays a business license, and they employ people in the cfty, those people are paki wages and those people, for the most part, the clerical and many of the other staff and principals in the organizations who rent from him, live in and around the Anaheim area. P. tax exempt organization doesn't pay any taxes, not even real estate taxes. He added his is opposed to that; and that he pays a lot of real estate taxes on these three buildings. So when they look at the findings on page 4 in the report -page 4, items 20 a and b, they produced evidence that is contrary to that represented by the applicant. They, therefore, believe that the findings of staff, and the staff can only act on what's before ft, so obviously ff the staff is not given proper information, their recommendation will be based on improper information and hence flawed. In any event, the findings are Inappropriate. He added they submft that there is ample evidence before the Commission that, yes, insofar as relates to 20 a and b, as an example, that there will be adverse impacts upon the public because there will be substantially more parkin„ more traffic than was ever represented; and more hours of operation than was ever representeu, He also asked Commission to note that in the handout that there is a computer schod. In the recommendations, It says that the applicant is not to conduct any schods, yet there Is a computer school there. He continued a to finding 20. c., there will be an adverse impact on adjacent parking. The lots that are adjacent to his property at 2323 and 2301 are open, and he cannot gate them. They are gated in the back but they are not gated Ir. t;;a front. That parking will be availed of undoubtedly for the parking 9-6-95 Page 44 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 19A6 anticipated by this church because ft doesn't have adequate parking. He stated regarding 20d, they are now asking for services beyond 10 PM, so there will be noise to ff granted adjacent property owners and to the businesses. Concerning 20.e. the requested ~ circu~mstantx3s to for the contemplated use, wUl adversely impact them. As to 21 a, there are no spec this property which calls for ft to only be used for this particular contemplated use. This is a commercial building. IYs three stories, elevator served, ft was used as a business before, and ft can be used as a business again. it can be sold to any commercial user to be occ nti do fthis CUPercial business purposes. So there's no peculiar use to this prcperty to Justffy g 9 As to 22b, the contemplated use will, in fact, adversely affect the adjoining land uses and ft will impede development as contemplated for the marketing of the office complex he owns for commercial uses because ff there are going to be churches and a lot of activfties and a lot of strain one ~i y!~ w~lml've~y who contemplates renting five or ten thousand square feet at any of these buildings, got to compete for parking space because ft isn't gated and the church down the street has very Ifttle deckJne thaAt~they are not g i g to ccompet pw h hunch use forthoseuparking spaces one the private ~I property which they own. Also, ft's impractical to discuss Iimfting v:hat their membership would be. Planning staff realized that this parking is indeed a problem, so they are recommending Iimfting their use to 139 because mat's what they ght now~52+spaces won't accommodate them novenas show by thelevkJenceey need more spaces Mr. Catanzarfte sakl he thinks the one obvious thing that comes to mind is that any organization, such as a church, contemplates growth. The applicant has said they anticipate growth and ff they anticfc~ation growth aril they have grown, where are the new parishioners going to park. He believed the appl should be rejected; and that the building should be allowed to be marketed by ft's current owner for commercial purposes to which ft is sufted because failing to do so adversely Impacts the adjoining land owners who have substantial investments in their properties. He k~the lures and was there on Augui t 27th and Septemberl Ist and a couple of t mes during thet he too p week. Mr. Catanzarfte asked ff he would have time to respond to any new evkfence the applicant may present in rebuttal. Cas Brejtfus, Asset Manager for Quaker City Federal and hey wanted to showeth~ t from silstandpoiM oof Mr. Catanzarite is attempting to purchase the property conflict of Interest. APPLICANT'S REBUTTAL: Kevin Haah, representing the church, stated that the pastor of the church has sent a fetter talking about the exact comments that were anticip~ited. As was testified by Quake~Bh SkYf~ t~malis through~fhey e is attempting to buy the building. If they don't purchase the building, ~ p want to try to buy the building cheap. That's why they are here. 9-95 Page 45 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ptsrriber6,19A6 He dkl want to rebut some of the concerns that were brought up. One of the key things that was braught up was that somehow they saw over fi0 cars in their current parking space, therefore .ae don't have enough parking space to start out wfth. He is questioning the authenticity of the pictures, but the fact of the matter is that at the current location in Garden Grove, there are two churches skle by slie. There is a Vietnamese church wfth approximately 40 parking spaces and they also have their own church wfth approximately 23 parking spaces. He is not sure ff the survey and pictures were taken during the Vietnamese church services or theirs. The hours may conflict and the churches may be having services at the same lima and in that case there are lots more than their members' cars. Furthermore, the parking lot is right around a shopping mall and a lot of people impinge upon our parking spaces. Right now they have 23 spaces and wfth the way the church functions like a community, people car pool and work together, plus having the ability to share the space wfti~ the Vietnamese church has been helpful. He pointed out the church where they are now is not their own and they are leasing ft right now. There are approximately 30 Korean churches in the city of Arr~heim; most of them are very small and only about 2 or 3 ha~oe their own buildings. It is a dream of many of the immigrant churches to own their own buildings and when they find possibilities like this, they don't want to be destroyed by someone with a conflict of interest; someone who wants to buy the building and make ft their own and buy ft cheaper. He stated Mr. Catanzarfte is trying his best to make this process fall through. He also somehow alleged that their archftectural plans were some deceptively designed to create certain numbers of parking spaces. He did not think there is any evidence of that, and in fact, they even went to the stage of preparing a blue print of what the church would look 11ke; how many pews they were _ going to have; how many peop'~e were going to be able to fft in; how they were going to do the plumbing, etc. He stated as a church, they are not here to INe a Ile just for the parking conskleration. In terms of hours of operation of a church, he asked ff ft is when a lot of people are gathered together or is ft when the pastor is in the office? In the Korean culture, they don't really have set office hours with the church being open to everybody coming in and things like that. It is just a little more personal. People come and see the pastor, and the pastor goes out and does things. He explained they operate much less than half the time that they are operating. Fie added Mr. Catanzarite talked about the city not making money en property and other taxes and gave that reason that the Commission should reject this proposal. Chairman Pro Tempore Messe interjected that the Commission doesn't conskfer that issue. Concerning parking he explained their parking entrance is on another street and there is no way people can mistake their parking entrance. In fact there is a wall and landscaping and trees divkiing the two properties; so there is not going to be a problem wfth the people infringing upon their neighbor's parking space, particularly during week days when their parking needs are the greatest. He stated they would like to Improve this area and would Ilke to improve the lives of the people that are members of the church and people who come in contact wfth them on a daily basis. Mr. Catanzarfte asked ff he could speak. Chairman Pro Tempore Messe explained ft is not the Commission's usual procedure to allow a rebut of rebuttals, but he would allow ft and for him to make ft brief. Mr. Catanzarite said that the applicant's representative is again in error. He pointed out on the exhibit 96-95 Page 46 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 1986 ` w the als rt e build Wigs but that he doestnotawn thattproperty~He added conflicts in the parking sg to pa his primary concern. He stated his broker did submit an offer on the subject progeny and only then did ha find out that ft was in escrow, and that was when he decided that he would oppo hearof the only buyer fo aay church be(ng developed here. Anyone else can buy that property, property. He stated, in fact, he has lost interest in ft, but he does not want ft to ~ooadcmorne vfor, extended hours of operation that will compete wfth parking that my tenants paY 9 y because that's precisely what will happen by his own admission. Co~nceming their investigation, he stated Mr. Hawes told him that unquestionably he was there during the hours of operation of the Korean church and that all of the license numbers which he took down and all of the photos which he took were those of people in cars who were going to and from the Korean church. There was no mistake about that. Mr. Haah saki that Mr. Catanzarfte kept referring to Mr. Hawes and that is h!s name. and that Ise wanted to clarify that he never took those pictures. Chairman Pro Tempore Messe said the Commission understood that and the investigator's name was Hawes. He closed the public hearing. Alfred Yalda, Traffic Engineer, stated that generally when they review these parking studies for the churches, they don't anticipate three people per parking spaces because every use is different. _ Generally for church services ft is approximately .44 or .43 per parking space sorovai becausethe total approximatel and ~he2 an icipated an addRional i % incr ase to maybe~100 toP105 who will number is 89 Y accommodate that 52 parking spaces. Commissioner Henninger asked ff those numbers i~iclude children? And Mr. Yalda responded there Is no distinguishing really between adults and children. andmso ff the number was noit90 but 1bp or 180 and asked ff that makes a dffferenceildren on the site Mr. Yalda said ft would make ft a lfttle bft different and then ft Increases the number, including the children, and they could go up to 120 people. Chairman Pro Tempore Messe said that he heard testimony from the church ti~at the early service had forty, the second service had eighty and there were fifty children. Mr. Yaida said if they had 40, they probably used approximately 25-26 parking spaces and when they had 80 with 50 children they probably used about 42 spaces more or less. Chairman Pro Tempore Messe saki he was really disappointed. He butuhgat he is opposing the whole coming here to offer his excess parking on Sundays to the church, rties, ft would be good application. He thought ff there could be an agreement between the two pa because he has passed that office building on Sundays and found the parking completely underutilized. 9-6-95 Page 47 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 1995 Commissioner Henninger saki basically in Anaheim, there have been a number of parking problems that are related to church activities and he was not sure that the limit on the number of parishioners really solves the problem and suggested possibly a condition indicating that all the parking has to take place on site. Adding, he realized :hat would bring up the question of how operationally to pdice that situation. Mr. Yalda saki that generally could not be enforced because ff an IndNiduat chooses to park on the street and walk to the church, the City can't control that. He explained the City bases their data on a generally accepted Institute of Transportation Engineer Parking Demand Study and that they have done thousands and thousands of studies. The conclusion is generally the demand for a church is .43 parking space per person, and that is what our numbers are based on. They could have 200 people a year from now and they might be short on their parking. Commissioner Bristd questioned whether there is parking on that street and ff they have too many cars, there are only two places around there where they can really park anyway. Mr. Yalda said he thought generally parking is available on Lincoln Avenue. Commissioner Br(std continued that he didn't remember but he didn't think so. Chairman Pro Tampere Masse stated ff there is no parking available on site, people are going to park on this gentlemen's property. Commissioner Bristol stated they will park on that gerUemen's property or across the street, and from what he is consklering right now, he knows that Home Depot would police it in a hurry and ftom what he is hearing ftom this gentlemen, they would only park on his property once or twice. The burden would then be back on the church anyway, and they would then have to go with their contention regarding the shuttle. Mr. Yalda said thera is a provision in the California Vehicle Code that ff the property owner installs a sign that says "Private Property, Nc Parking, Will be towed away at the owner's expense" and ff it's properly posted, it is enforceable by the Police Department twenty-four hours a day, so as far as being impacted by the parking, it is very easy to take care of that problem. They have that information available in the Traffic Engineering office and the Police Department and it is a well known procedure. Commissioner Bristol stated then the shuttle becomes a reality. Chairman Pro Tampore Masse asked Mr. Yalda ff he felt comfortable wfth the parking study ftom TBE Traffic Engineering, and Mr. Yalda answered "yes.` Chairman Pro Tampore Masse asked ff he would still be comfortable even ff there is some evidence that the true number is not f39 members. Mr. Yalda stated they estimated approximately 105, and ff they have more children that number could go up, bit with the estimate of 105 people, that provides about 10 -15 percent empty parking spaces. Chairman Pao Tampore Masse asked Mr. Yalda ff he had called the city of Garden Grove to find out ff there has been a parking problem at that location? 9.6-95 Page 48 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~f`s'~ t996 Mr. Yalda responded when they review these parking studies, generally they do not call anyone; that they have some data available from previous parking studies and they review those and make a determination based on that information. Commissioner Peraza sugroblem, thenmwe neoed to set morel condtft ens ~n come back in six months and ff there is a parking p Mr. Yalda said ff that was the Commission's desire and the applicant would pay for the Traffic Engineer's time, they could have their staff or maybe their fntem, do a study on one or two Sundays to determine what their needs are, or at the owner's expense,do a parking study in six months or nine months. Commissioner Bristol agreed that ff'.hey are going to have a church, he thought they should have the abilfty or the same opportunity for weddings, and to shuttle in those going to a wedding reception. Everybody knows that they will have more than 50 cars at a wedding reception, but ff they can shuttle people in or carped in, to he'd like to see them have that opportunfty. Commissioner Boydstun added that she thought that restriction should be removed and she dkl not think they should be limfted or have a restriction so that they cannot have a wedding there and a wedding reception. Usually when ft's a wedding at the church and the reception is there, ft is a small wedding and ff ft is a large ane, they usually go someptare else. Commissioner Peraza said he also thought that at special times and on special occasions, they should be allowed to ring their chimes Just like the church on N. West Street. Commissioner Boydstun agreed there could be exceptions for religious holidays. Commissioner Henninger asked ff this should be limited to a certain number of days a year, such as ten days a year or someti~ing like that. Commissioner Boydstun asked ff that would cover the extra religious holidays you have ff we put ten days a year? Mr. Haah stated that would probably be adequate in terms of the holidays, but their general intention is at nightStalk ng or couinseling to ions youngs elaiand they don't want to put themseviesi i a sftiuationate where the rules are too strict. Chairman Pro Tempore Messe said he thought that what they were talking about is really services and meetings. Mr. Haah clarified that would be congregational type of meetings and Commissioner Messe said they are not talking about the office. Mr. Haah said he thought ten days would probably be adequate, as long as they are defining ft that way. Commissioner Boydstun clarified that they were not talking about two people in a meeting, but when they have the congregation there. 96-95 Page 49 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 1986 Chairman Pro Tempore Messe stated that he is a little bY: concemed about the parking. Mainly not because he feels that there is not enough parking but ft is very inconvenient parking. He referred to a very narrow entrance on the easterly side of the building and a very narrow exft on the westerly skis of the building. Mr. Yalda stated that ft is eons-way aisle of 10 feet wi~ich meets the minimum requirement. Generally medium size cars are approximately 6 feet and 6 inches, the larger cars could be 7 feet 2 Inches and the smaller car is 5 feet and 3 inches. Chairman Pra Tempore Messe thought that the opening to the driveway is a little bft narrower. Commissioner Bristd asked the square footage of their present church facility? Edward Haah, deacon at the church, said he believed that ft is about 4000 square feet. That's one of the reasons they want to move into a larger facility. The new building offers the Sunday School, 61b1e study, and class rooms for the younger generation. Chairman Pro Tempore Messe asked how many adult congregants they have? Mr. Haah said right now there are 40 during the first service and f30 during the second, so that would total about 120. Chairman pro Tempore Messe asked what time the first service is over and Mr. Haah said roughly at 9:30 AM so that gives them about an hour to clear the lot. Commissioner Boydstun said that she is affiliated with a group that has a building that is right by a building that was developed like this and is used for a church. They were all a Ifttle bft concerned and have found that their hours never conflict and they have never had a problem. Mr. Haah said that they would like to make sure that they will get along wfth their neighbors and they need to always remind ourselves that they are a part of the community. Mr. Haah said that ff they look at the total number of hours they would be at the premise, ft's really relatively very small. Commissioner Boydstun offered the motions and resolution for apMroval. Commissioner Henninger recommending a condftion be added regarding the hours of operation. Ha also thought they should add something regarding a limit on the membership. After a brief discussion, Mr. Yalda said he thought that up to 100 adults should be okay. Commissioner Henninger said adult should be defined as someone who is driving a car, and Mr. Yalda agreed. Commissioner Henninger asked if the applicant wanted to comment on the number of people on sfte. Mr. Haah said they are taking a gigantic step right now from being a renter to a owner and they are investing a lot of money, signing personal guarantees, and if they are limited to 20 persons to grow in that church, this may not even be worth the investment for them. y 9-6-85 Page 50 SUMMARY'/ACTION AGENDA, ANAH{=1M CITY PLANNING COMMISSION ~~ 1~ Chairman Pro Tempore Messe said that their have more of a cushion to grow for the first service, and they can always add a third service. He explained the Commission is concerned about the Intensffication of use on that property ff they have everybody in one service, and then ft is going to be impossible for the neighborhood. Mr. Haah saki that chances are that that's the practical reality of what could happen. can be on the s e at any onie time and that they are not~talking about t tai membership rishioners who Mr. Haah saki he understands that, but in their second service right now, they already have 80 people coming to ft, and ff they are 1lmfted to 100 people, 16 and older, and some of their chndren might be shifted over to the other side, he was wondering ff they can live with ft. ;hairman Pro Tempore Messe asked ff they haven't been confirmed by the age of sbcteen and Mr. Haah said that some are, some are not, depenk n oand the reality is going totbe that ff people get told to park suggestion earner about just I':nfting pa 9 elsewhere, the church is going to figure ft out and they are really going to make the car pooling/van Po king sroblem becauseewftl out ft, ft is thleir p9ob em more than anyhlxxiy ielsesmmft to solving the pa" 9 P Chairman Pro Tempore Pdesse said that ff they have a parking problem and have a w'y of solving ft, there is nothing to prohibft them from coming back to the Commission with those changes in the plans. Commissioner Henninger suggested amending the condftions to include that, "that unless the applicant comes back and gets an approved parking management plan." Commissioner Boydstun suggested wording that ff their meeting size goes over 100, that they are to provide shuttle service. Commissioner Henninger said he was suggesting that they could justroved by TrafflcoEngineeringt limft they should provide a parking management plan that would be app staff. Ccmmissioner Boydstun said that Alfred would approve is so all you have to do is say how you were going to handle ft. Commissioner Henninger said that the problem that they have wfth this is that we do havge P me experie-ce with churches in Anaheim and a number of them have created serious parkin oblems due to their growth. So we just have to be aware that that's a potential and you have to understand that when you begin to ask for r;nlimfted flexibility on that you begin to make us worry on that subject a i'rttlUe bft. So we're going to orange the condition to add that? Commissioner Boydstun added that they would add that ff their number goes over 100 they will submft a parking plan to bs accepted and approved by the City Traffic Engineer. Commissioner Henninger said that was a parking management plan. _ 9-6-95 Page 51 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION S' 19A6 ~,i ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Pemit No. 3780 with the following changes to conditions: Deleted Condition No. 2 Added the following new condftions: That the number of congregates at any one time shall be limited to one ~ seeds o)ne persons, sbcteen (16) years of age and over. If the number of congrega hundred members, at any one time, the applicant shall then submit a parking royal. management plan to the Traffic and Transportation Manager for review and aPP That church activities shall end before 10 p•m., except on special church hdidays (not exceeding ten (10) days per year). VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Deputy City Attorney, presented the 22 day appeal rights. 9-6-95 Page 52 SUMMAF'tY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 19~ 8a, rF~o NEGATIVE DECLARATION (Previously Approved) 8b. -CONDITIONAL USE PERMIT N0.3684 (Readvertised) OWNER: LARRY ARMOUR COMPANY, Attn: Larry Armour, P.O. Sox 1214, Tustin, CA 92681 AGENT: JOHN SCHWARTZ, 5641 blamer Ave., Huntington Beach, CA 92649 LOCATION: 2731 West Uncoln Avenue. Property is approximately 0.51 acre located on the north side of Uncoln Avenue and approximately 199 feet east of the centerline of Syracuse Street. Petitioner requests modification of condfti oved automotiveubricag to freestanding slgnage for apreviously-app and tune-up facility and coin-operated car wash facility. CONDITIONAL USE PERMIT RESOLUTION N0. Continued to September 18, 1995 ------------------------------- ._ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None John Schwartz, 5841 blamer Avenue, Huntington Brach, Agent, explained the request is for a pole sign instead of a monument sign. The initial plans were for a monument sign and at that time they were hoping to affiliate with Jiffy Lube, but they had to change plans and they are now with the Pennzoil Company which is providing them wfth their signage. The plans are for a pole sign which is used at all the dealerships across the states. He thought that it is consistent with Lincoln Avenue in that 99% of the signs along the Lincoln are all pole signs. He stated another point he would like to make is that business is real tough now a~xi it would definitely help his business to have the pole sign with a reader board. The staff has recommended the sign could be there, but h would have to be only 8 feet high. The trouble with a reader board is that it is on the bottom think that i wood be aigood idea tolhave the sign thataow. ge ~e sbgn or change the letters. He did no He added thset the last store to go up on Uncoln at Magnol-~ is Walgreens and they have a pde sign with a reader boar~e ~ but he would like ittat lleast above the headilevel where People can't~reach fiey could lower the THE PUBLIC HEARING V'!AS CLOSED. Chairman Pro Tampon Messe stated this was oCrams riginally approved with the monument signs and asked how dcas that fit in with our new sig. p 9 9.6-95 Page 53 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 1995 Commissioner Henninger sak! he likes the staffs recommendation to make the monument sign a little bit bigger. Commission has tried pretty hard to eliminate pole signs and this is not going in that direction and adding a new one is not the right way. Mr. Schwartz said he knows every city is leaning toward this monument sign, but d9M n He thou iM it ordinance that says that. pointing out Anaheim has not changed the ordinance anyway. 9 would be a hardship on him. He added this would be the only one on Lincoln Avenue. He dkf not disagree that in the future monument signs are going to come in and was sure there will be a moratorium like other cities and in the next 5 or 6 years, everybody has to gntin out that they ihave a much Ia~rger the last building that just went up there within the last 6 months, poi g sign that he is asking for. Commissioner F!e:~+~iinger asked H the current sign is 14 feet? Mr. Schwartz stated that one sign is 4 x 8 and the sign below is a reader board which is 3 feet, so total off the ground, and that is maybe 15 feet ~rdther'than 20 feet which they originally requested. about T foot t h~rar Cher than the bottomeand change ft from a single pole to a mo ume~t the reader board is on the P Mr. Schwartz said the sign is being famished by the Pennzoil Company and he does not know ff it could be redesigned. !t is designed now with the reader board underneath. t e could move the reads tboardhsignrto the u ding and thein put the Pennzoil on heiimonument. ~ Y Commissioner Henninger saki the City has been working on the new guidelines and rt tsi un ghat looked twa posts and sort of framing the sign in. He thought that he probably could suppo 9 Ilke that rather than just a single pole and it would look a lot nicer. Chairman Pro Tempore Messe asked ff staff could work with Mr. Schwartz in trying to adapt what his requirements are to our new standards? Jonathan Borrego, Senior Planner, stated he understands the ordinance is not in effect at this time, and he thought staff would probably have felt a lot more comfortable with this sign N it had been anywhere close to the sign, it might be feasible;that it would be achallengeibecause he understands thatffs gn~is already fabricated arxi yin its way. Chairman Pro Tempore Messe stated Commission approved a CUP with one set of rules and that he is sorry that they have ordered or accepted a sign that might not work. Mr. Borrego said he completely agrees and that he thought that there is some work that could be done to the sign to make h more acceptable. Chairman Pro Tempore Messe asked ff Mr. Schwartz would ask for a continuance and work with staff and see what he could do about getting it closer. 9.6-95 Page 54 SUMMARYjACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ t9B6 Mr. Schwartz responded he wnl try to work with staff to see ff they can do something else wffh the sign. He explained he is trying to get the building open. Commissioner Henninger moved for a continuance to the next meeting of September 18, 1~i.The motion was seconded and passed. Mr. Borrego suggested Mr. Schwartz contact him since the case planner is on vacation at this time. ACTION: order for the applies to meethwfthestaff andr discu~the signage pro iposed. meeting in VOTE: 6-0 (Commissioner Mayer absent) 9-95 Page 55 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 19A6 ga, rFno NEGATE nFrt~RAT10N proved 9b. ::'"^f°° -^-~ CODE REOUIREMEN'T ~p ~.. -. ~ -• Granted gc, rONDITIONAL USE PERMIT N0.3786 OWNER: Order oER Chestnut StEreeS Westminster, CAc92683 AGENT: WEYERHAEUSER, Attn: John Kerr, 710 E. Cerritos Avenue, Anaheim, CA 92815 LOCATION: 1,81 and 160+~outh Lewis Street. Property is approximately 4.5 acres located on the west skis of Lewis Street and located approximately 650 feet south of the centerline of Cerritos Avenue. To permft a building material storage yard wfth waiver of permitted encroachments iMo required setbacks CONDITIONAL USE PERMIT RESOLUTION N0. PG95-109 -------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. '~. _ OPPOSITION: Nine r Mike Orduno, Southern California Edison Co., said that they have a project going on with Weyerhaeuser who is an adjacent property owner and sftuated on Cerritos. He would like to address a couple of the ftems of the staff report, which are some of the condftions. Condftion No. 2 pertaining to a time limft and the permit shall terminate in five years. He explained typically they gNe an indefinfte license agreement and re-evaluate ft in fnre yurs and added he wouldn't want to coma back here in five years and go through this again. Mr: Orduno continued they were told that if the property is zoned for material storage, ft can be used for that, and ff the property was owned by Weyerhaeuser, they could go ahead and use ft for storage. If Weyerhaeuser wanted to put a permanent structure or: the property, they could use this for storage all without a conditional use permft. He added they are hoping the Commission will waive that five year limit. Mr. Orduno stated Edison has a problem wfth item 4, wfth regard to the setback. There is a fence in the location and they would like to keep the existing fence. They have big tankers that come in there, and ff they ever have a problem and have to take a tower down, by moving the fence 20 feet back from v:~~:e K is existing, ft would Iimft their use there. It would also 11mft the use for additional 8 ho driven nto their increase their IlabUfty. If the fence is moves back 20 feet, then they'll have peopl P property and they rosily don't want the increased liability. In the future ff Weyeheeuser does move or they just don't tweed the property anymore, and ff the fence is moved back, they are stuck with that added Ilabiifty and the added maintenance of that portion of the property. 9.6-95 Page 56 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Septembers. 1986 /~ saidith re a will be an~drscap gealong thee and that Wey fieusewiU address that. fence and Mr. Orcluno Mr. Orduno saki he was not sure what the distance is right now from the curb to the fence and someone in the audience tdd him h was 13 feet. Then Mr. Orcluno saki that 13 feet would be the landscaped portion. But to move it back another 20 feet, would just take a little too much of Edtson's property for operational purposes and future needs. He added the next concern is item 5 and explained that Edison's standards are 15 feet and they would not have a problem if Weyerhaeuser were to increase the height of storage of materials. Anaheim, stated they .iohn Kerr, General Manager for Weyerhaeuser, located at 710 E. Cerritos Avenue, want to support the things that Mike Orduno has been saying on behalf of Edison. He rete~ edre1^ ~ would license aQreemene and proposed eliminating'that condition or that language be developed just tie into the license aggeement betty Yn WeYe~e~mariln based u on what real estate values are at~r agreements that are rene otiated as the go along, p Y P that time. Mr. Kerr referred to the fence situation and the PVC slats referred to and added he is not sure what that is talking about He asked fF is a green colored material that would cover the fence similar to what is over at Disneyland and other places in Anaheim. He would like to get away from tho slats. Chairman Pro Tempore Masse said that they interuveave in the chain link fenclrg. ' ~~ Mr. Kerr explained he would rather use the material that is vinyl or heavy nylon because it is durable for and that it is in use throughout weather and outdoor use and ft is far more attractive, In his opinion, Anaheim as well as other cities. He would propose doing that rather than either wooden slats, cedar, redwood, or this PVC. Right down the street is an old competitor of theirs and they have those wooden Chairman Prol TemporeoMesse agreed those deterioratehverytfasgs look like. Mr. Kerr said one other thing that he would 11ke to sidress would be the set back. Facilities similar to theirs need to operate on acreage from 8 to 10 up to 16 acres. The facility where they are right now is approximately 41 /2 acres. With the Edisonwithphe t~ransmisslonopo Qat tpdo~ tahare89e ~ ~I~ lot of the 8 acres. However, in looking at that property that 20 feet from those acreage is not going to be useable. It's also a requirement~y Edison Company r Edison. That area power poles has to be kept clear, and they cannot store an hin on that property, pe Heads to be open for them to get their trucks in there in case of an emergency. So we wouldn't be able to store on that property etcher. The property that we are looking to lease from Edison Company, basically the acreage they are looking at he thinks is about 41 /2 acres, end theS are only going to be able to utilize about 6096 of it because of transmission lines and the pow poi If they have to move the fence back another 20 feet, it comes out to about 33 feet from the curb line, taking up another 5000 square feet. That is really putting the pressure on them to find ways to see ff they can put this deal together. They are already in a position to have to put in storage racks to help take up air space rather than acreage in order to make this program work. Therefore, he would like to submit to the Commission that they waive that particular condition. 96-95 Page 57 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~~ 1~' He stated their company has been to Anaheim for 30 years. They have a container division on Ball Road and they have been there for many years also. The property they are talking about, the Edison property, other than the transmission lines, has been vacant all this time. There has been problems with people weed abatement problems; the fence dumping there and there are problems of homeless moving inryhere; ro to im rove this property and make it attractive; doosome landscaping and maker morel presentable foe P neighborhood. woul~ a Pbe ableore tensity the Landscaping from i15 gallon to larger trees and makehirt ~icer sc~reean k, Y along that eastern streetscape. Mr. Kerr answered 'certainly' and added maybe, in addition, they could add some bushes. He added there is water there now, a sprinMer system from a previous tenant and that he is not sure how to get the thing opened up, but they would find a way. Commissioner Boydstun suggested 24-inch box trees so they have a better start. Cf~alrrr-an Pro Tempore Messe explained the condition calls fog 15 gallon trees, which are just sticks in the ground. Mr. Kerr said he doesn't have a problem with planting larger trees. Melanie Adams, Public Works, explained the public right of way extends 45 feet from the center line, and J asked ff the Commission is talking abo~~t adding addtional landscaping outside the public right of way or within the public right of way? Chairman Pro 7empore Messe answered where the fence line is now. Ms. Adams said the fence was within the pubic right of ~vay right now and she thought the intent of the condition was to get that fence on the right of way line. Mr. Kerr referred to the Findings on page 3 of the staff report which indicate, 'tivhen practical difficulties or hardships result from the strict enforcement of zoning codes, and then continues with, shall be deprived of privileges commonly enjoyed by other properties in the san eEdisony ao eon is Ch~istmas Tree Farmy across the street from .his property on Lewis Street, occupy g P P rtY and their fence line is 3 feet from the street and they are providing no landscaping. Commissioner Henninger interjected that he would say that that was fully landscaped. THE PUBLIC FitARING WAS CLOSED. Commissioner Henninger clarified that the intent of the condftion to move the fence back 20 feet Is simply to put the fence on the property line? Melanie Adams, Public Works, responded a part of f< is to at least get the fence to the property line and that Zoning staff had additional concerns about the setback. 9-6-95 Page 58 SUMMARY/ACTION AGENDA, .ANAHEIM CITY PLANNING COMMISSION Septerrrber6~ 1986 Commissioner asked how far does the fence has to be moved to get ft on the property line and Melanie Adams said tt looks close to maybe 7 - 8 feet. Commissioner Henninger saki if ft (s moved back 7 - 8 fee, ft would be Just get to the property line and they would have zero landscaped setback. issues Adding trees and putting orage within the pu~liW right olf way would~be an encroachment. y Commissioner Henninger stated to move ft 20 feet back would give ess~antially a ",~ foot landscape setback. He saki ft is hard to imagine that the Edison representathre's comments were like, 'yve are Edison and don't tell us what to do; ; but ft is certainly within our ability to _.~:!•: them to move ^;7e fence onto their own property and out of the street right of way. Chairman Pro Tempore Messe referred to their request to change t~:e term from five yrrars, although their agreement is for five years wfth five year options. Commissioner Henninger said he thought that condftion No. ^ ;xobabiy covers. ~.;txa as 3r~sl;. as ft is tied to this on-going activity, he thought they are okay. Commissioner Bostwick said he has a problem wfth the outdoor stor ge and they have been tacking about outdoor storage in other locations in the city and he was concernea about storage at 20 feet high wfthout some type of screening to preclude the visibility. Commissioner Henninger said he thought we should stick to having ft at fence height as we have always done. Commissioner Bostwick added ff they want to put up a 20-foot high fence, then they can go 20 feet high wfth their storage. Commissioner Henninger slid he was not aufte sure he agreed wfth that, but their plan shows an 8-foot fence, and maybe they want to raise ft to 10 feet. He did agree wfth the request regarding the different treatment on the fence to provide screening because ft seems to be a better material. The question is what to do about the landscaped setback and ft sounds like they would have to move their fence back 17 feet to get ft out of the right of way, then have the ten feet of landscape. Commissioner Bostwick suggested a condftion that there be a 10-foot setback from the property line to the fence line for landscaping. Commissioner Henninger added ft should also read, "heavily landscaped'. Chairman Pro Tempore Messe stated that the height of material stored shall not exceed the height of the perimeter fencing. Mr. Kerr asked about the maximum height that they could store materials and at w~at point is ft f om this public~righ of way and ttrat the condftion really means thatsto 9eori9ht at the fenceube ~ ~n 9-6-95 Page 59 gll~~ON AGENDA, ANAHEIM CITY PLJ~NNING COMMISSION ~ 1`'~ ~_ ~' restricted to fence height and that they stay within that view screen as they go back into the lot. Mr. Kerr ~~ discusston~endedawith th~tfengcefheight being 10 feet~and theft itvbehcovered with th material 12 feet, and described earlier In the testimony. kCT1ON: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3786 with the following changes to conditions: Deleted Condition Nos. 2 and 4 Modffied Conditions 3 and 4 to read as follows: 3. That minimum twenty four inch (24") box trees, planted on maximum 20-foot centers facilities, shallybe installed and maintainedian--site in the streetrsetbackiareation adjacent the east property line. 4. That a maximum ten foot (10') high fence covered with poly vinyl material shall be installed and setback ten feet from the property line. Added the followir~~; new conditions: \`/ That a ten foot (10') fully landscaped setback shall be provkJed from the property line to the fence line. That prior to commencement o€ activity, a final landscape plan ovh all b the P ann ng the Zoning Division of tt:e 3 ~4snning Department for review and app Commission as a Repur1 and Recommendation item. VOTE: 5-0 (Commissioners Mayer and Peraza absent) Selma Mann, Deputy City Attorney, presented the 27.-day appeal rights. OTHER DISCU$ IAN: Mr. Barrego, staff, said he walled to mention that one o'r the discussion items that was supposed to be today's work session was wrapping up the determination of public conven+en^.e or necessity findings, and that will be added to the September 11th work session. On the tf3th there are ~ such requests coming before Commission, and they need to determine what sart of process the•~ will use on those. Three other items will be slated for discussion that day. Cne is the multiuse of service stations; another is parking lot landscaping and the revis'.ons to those standards, and also the design standards for parking structures. Another item is the reuse of motels as SRO's. Staff was able to contact the developer of the two projects in Costa Mesa about thi~t and they are going to be able to schedule a tour of those tvo facilities; however, it won't be occurring before the workshop. 9.6.95 Page 60 Sl1MMARY/ACTGDN AGENDA, ANAHEIM CITY PLANNING COMMISSION ~ 1986 Planning staff has also found out that Red9velopment Department is undorgoing a comprehensive study on the reuse of motets, and he thought ft relates to what is going on Beach Blvd. and the, staff would like to couple all that together as one discussion ftem. ADJOURNMENT: MEETING ADJOURNED AT 5:35 P.M. TO THE SEPTEMBER 11, 1995 PLANNING COMMISSION WORKSHOP AT 9:00 A.M. Respectfully submitted, ~~~~ ~ , Edith L Harris Planning commission Support Supervisor 9.6~i Page 61