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Minutes-PC 1995/09/18ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, SEPTEMBER 18, 1995 11:00 A.M. - PRELIMINARY PLAN REVIEW 1:30 P.M. - PUBLIC HEAfiINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS PRESENT: BOSTYVICK BRISTOM~ FI9~tJINGFJR, MAYER, MESSE, PERAZA COMMISSIONERS ABSENT: BOYDSTUN STAFF PRESENT: Selma Mann Jonathan Borrego Melanie Adams Sean Gerber John Poole Bruce Freeman Don Yourstone Tim Dunn Alfred Yalda Tom Engle Bob Adair Margarita Solorio Danielle Masciel Deputy City Attorney Senior Planner Associate Civil Engineer Assocate Planner Code Enforcement Manager Code Enforcement Supervisor Senior Code Enforcement Officer Code Enforcement Officer Principal Transpor*.ation Planner Police Department Police Department Senior Secretary Word Processing Operator PROCEDURE TO EXPEDITE PUWNING COMMISSION PUBLIC HEARINGS t, The proponents in applications which are not contested will have five minutes to present their evidence. Additional time will be granted upon request if, in the opinion of the Commission, such additional Ume will produce evidence 't.: 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 considerations are not determined by the length of time a participant speaks, but rather by what is said. 3 Staff Reports are part of the evidence deemed received by the Commission in each hearing. Copies are available to the public prior to the meeting. 4, The Commission will withhold questions until the public hearing is closed. 5, The Commission reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned will be served. 5, All documents presents: io the Planning Commission for review in connection with any hearing, Including photographs or other acceptable visual representations or non-documentary evidence, shail be retained by the Commission 4or the public record and shall be available for public inspections. 7, At the end of the scheduled hearings, members of the public will be allowed to speak on items of interest which are within the Jurisdiction of the Planning Commission, and/or agenda items. Each speaker will be allotted a maximum of five (5) minutes to speak. ac091895.WP .. ~~ '~.: Separtxi 18,19 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, 2a ~EQA NEGATIVE DECLARATION Approved Approved 2b. WAIVER OF CODE REQUIREMENT Granted 2c. CONDITIONAL USE PERMIT N0.3779 (READVERTISED) OWNER: TRW, INC., 500 City Parkway West, Orange, CA 92668 AGENT: ABERNATHY-CARR-LOPUCH II, 5800 W. Century Bivd., #90855, Los Angeles, CA 90009-0855 LOCATION: 1761 West Katella Avenue (TRW Buildinstl. The property is approximately 1.75 acres located at the northeast comer of Katella Avenue and Humor Drive, having approximate frontages of 272 feet on the north side of ICatella Avenue and 282 feet on the east side of ~ Humor Dfire. To permit aself-storage facility within two existing office buildings and an outdoor storage area with waivers of maximum fence height, minimum number of parking spaces and required setback adjacent to any residential zone. Continued from the August 7, and August 21, 1995 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. PC95-110 ---------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Suite 1290 Newport Beach, said the Frank Elfend, Elfend and Associates, 610 Newport Center Drive, staff report summarizes the Planning Commission meeting of August 21st, as well as ident'rfied three variances or waivers for the proposed outdoor facility. Very briefly, there is a request for waiver of maximum fence height, minimum number of parking spaces, and required setbacks adjacent to any residential zone and staff is supportive of these waivers. He reviewed the presentation made at the last meeting and made mention of the two letter agreements made with Daniel Welch and Robert McCoy, and added those letters should have been in the Commissioner's packets. Both of those individuals supported the pole sign which he wanted to discuss was willine to agree to conceenifng outdoor storageel sembeam security system andi some specialhat he 9 ~.. -2- s tf~ tse6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLAN~NIhIG {;OMMISSION, landscaping and compatibility measures which have been discussed wiala and agreed to wfth his neighbors. He referred to page 7 of the staff report and discussed staffs recommendation regarding the outdoor storage area. He felt that the discussion of that ftem at the last meeting, and the agreements wfth the neighbors covered that item; specifically, that no vehicle higher than eight (8) line which is show Wn an the outdoor storage area Glaser than twenty-two (22) feet to the east property revised exhibit. He explained they agreed to plant Italian Cypress trees or equivalent on 6-foot centers which will total approximately 30 trees along that interface, and as was stated previously, when the TRW Data Center was open, ft did operate 24 hours a day and that included the parking lot. He distributed pictures of the pole sign. He mentioned that TRW wanted to limft its visibility because of the type of business conducted there. He pointed out that the trees that were planted on city property on Katella Avenue have matured and now preclude the use of a wall sign on that face of the property. He referred to some of the other photographs, and pointed out on one side of Katella is Anaheim and on City of Anaheim the other side is Garden Grove. He noted in some of those exhibits and ever: l.. ti:s there are pole signs up and down that street for some of the commercial ~~ses. He added for that reason and in addition to the letters that were submitted by their neighbors in support of the pole sign, they would ask that this site be provided that right. He also added the site does have an exceptional sftuation because of some physical constraints which preclude signage on Katella. He thought the pole sign in that location is a reasonable recommendation and they would prefer that a pole sign be approved. If ft is not, then they would like to be able to remove the trees along Katella Avenue and then put signs on Katella. They thought that this would really be less desirable, as the tress are the only signs of vegetation on Katella i etof cellar ohmmunica ions. retain the pole in the event that in the future ft could be used for some typ They do not even want to remove the pole even ff the sign is not provided. They would recommend that the Planning Commission approve the project wfth outdoor storage with the candftions that have been stated by his client in wrfting and provided by the adjoining neighbors, as well as the deletion of condftion Nos. 2 and 6 which deal with the signage. He continued as earlier mentioned, ff Commission finds that signage to be reasonable, that would be their preference. if not, they would like to remove those trees so they could have some signage on Katella but still retain the pole on the property. statinh that~he granting ofthe parking iwaNer~ls basedtupon the findings and inforrmation~hat areadded 9 contained in the parking study. Mr. Borrego continued regarding the sign, he thought Mr. Elfend's point is well taken; that he has taken a look at the property recently and he would agree that there aren't any other advertising opportunities available short of trimming the trees wfthin the public right of way there. If Planning Commission is willing to keep the existing pole sign on the property, staff would recommend that as a condftion of Recommendat on ftemae Staff would want to be sure that the Isign isn't any higher than Rs Peally nd appropriate. ., -3- sgiiarri~er t~ ~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Commissioner Messe asked about the eight (8) foot high wall variance. He noted at the last meeting ft was discussed that the neighbors would like the eight (S) foot high wall and that the applicant was willing to put ft up. He stated on the plans ft says that that is just a possibility and that he would like to hear from the applicant. Robert Abernathy, for the applicant, stated that there are garages for the apartments just north of the north property line; and there is an office plus a commercial parking lot, plus thrpee housii e s d the ly to the s. st. There currently exists a stx (6) foot high block wall along the north roperty east property line. On top of that s[x (ti) foot high wall is a two (2) foot chain :_ik extension; and posts the excel gon of one small sort area whereayou cant see any of the chain Ifnk or t e block You seefth an eight (8) foot high area of ivy. Mr. Abernathy explained one of the neighbors expressed an interest in having th Nonei of thero herd in his back yard and the ivy cut down and then three (3) courses of block put up. neighbors expressed that interest. He agreed wfth Mr. Welch, and in return for his willingness to support their application, they are willing to do that, provided they could get permission from the City to add three (3) courses of block to the area of his back yard and not have to structurally strengthen or demolish the existing six (ti) foot high block wall and start from scratch, which would be a very expensive process. He added Mr. Welch accepted the proposal conditioned that way. He stated he has done his best researching microfiche of the Cfty records to try to get at the construction of that wall and he has been unable to find where ft eras permitted and how ft fs constructed. He did not have the answer yet on its structural strength. He did not know whether the Building Department is likely to approve an application to remove 2 feet of the fabric in Mr. Welch's wall in the back yard and put in its place three (3) courses of block. but that he is certainly committed to doing that ff the Building Department would grant the application. Commissioner Messe asked ff ft turns out that they can't put those three courses of block on top, would they leave ft the way it is wfth the ivy climbing on it? Mr. Abernathy responded that would be his preference but he is certainly willing ff Mr. Welch wanted the fabric removed or the ivy removed to let him call the sf+ots or make the decision on that, gNen the City's willingness. Commissioner Messe clarified that he is just dealing wfth this one person's property. Mr. Abernathy responded they are talking about approximately the fi0 feet that is behind his property t em a set of things that he c uld provide so thatithey woldHn turn be will ng to supporth for each of application. Commissioner Eristol asked ff there was anything structurally wrong wfth the fence on the east side right now? -4- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Se{iari.~r 1a 1~ Mr. Abemaihy said that to the best of his belief that there is nothing wrong wfth ft. Commissioner Masse stated ft should be very sturdy, wfth the ivy is holding ft up. Mr. AE=emathy said that ft appears to be we{I constructed and the top layer is solid grouted so he can't see where there is rebar in ft. He explained that was what he was trying to find out through the microfiche research but was unable to do ft. Commissioner Masse asked ff they would grant outdoor storage for recreational vehicles and other vehicles, and ff there is going to be a dump and a wash station on this site? Mr. Abernathy stated that they don't want that and that's an expanded business for vehicle storage and they don't want to do that at this sfte. If they were going to havo a lot six or seven times this size and try to fill ft, you would need to provide those services and would need to provide other services. That's not in their plan. Commissioner Masse asked ff they would stipulate to no wash or dump station The response was yes. Commissioner Bristol said that he had been by tha.~ sfte and, in fact, looked at ft for about ten minutes Saturday considering whether or not the pole sign was appropriate or not for the sfte. He agreed wfth Mr. Borrego and did not know ff they have a choice. There is a lot of foliage on those trees; and there is absolutely no signage possibility westbound on Katella, and ff any, very little eastbound on Katella. He added for the record, ff they can keep the size, ft would look pretty good. '~_. Commissioner Henninger said that he thought that the only thing about the pole sign is that when he saw the pictures of ft, ft struck him that the pole was fairly tall. He doesn't think they need a sign that tall. He would agree wfth the planning staff that we should take a look and make sure the sign is no taller than ft has to be. He would also like to see that ft is not illuminated 24 hours a day. Chairwoman Mayer asked for addftional comments from both staff and Commissioners. Commissioner Masse wanted to discuss the 8-foot high wall. Commissioner Henninger stated he thought that the testimony had shown that this is a combined wall/fence that seems like ft is eight feet high, so he thought they need the waiver in either case. After hearing the testimony, he would be willing to either leave the existing wall and fence in place or change ft subject to the outcome of this investigation the wall foundation. Commissioner Masse added that there should be a condftion in there wfth the waiver that says that they have to maintain ft at the eight (8) foot high, otherwise, Commission has to consider increasing that area where there would be eight (8) foot high vehicles. Commissioner Henninger agreed. ACTION: Approved Negative Declaration Approved Waiver of Code Requirement -5- s ~$» SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Granted Conditional Use Permit No. 3779 with the following changes to conditions: Deleted Condition Nos. 2 and 6. Added the following conditions: That no vehicle higher than eigh± (8) feet shall be stored wfthin the outdoor storage area closer than twenty two (22) feet to the east property line. That the existing 45-foot high transmission mono-pole located at the rear of the main building shall be permitted, subject to final pole sign review by the Planning Commission as a report and recommendation item. That there shall be no wash rack or dump station permitted at subject facility. That the proposed sign shall not be lit between the hours of 10:00 p.m. and 8:00 a.m. That the granting of the parking variance Is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contained fn the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said variance which shall subject that variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. VOTE: 5-0 (Commissioner Bostwick declared a conflict of interest and Commissioner Boydstun absent) l -fi- Seplerri~r 18,1 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Approved 3a. CEGTA NEGATIVE DECLARATION A roved modffica- 3b. CONDITIONAL USE PERMIT NO. 1234 (Readvertised) lion OWNER: ROYSON A. PARSONS TRUST, 1958 Port Camey Place, Newport Beach, CA 92660 AGENT: CHIJCK EMANUELLE, 392 W. Cerritos Ave., Bldg. 7, Anaheim, CA 92805 LOCATION: 1100 South Claudina Place. Property is approximately 1.58 acres located at the northern terminus of Gaudina Place approximately 400 feet north of the centerline of Ball Road. Petitioner requests modification to an existing conditional use permft in order to permit automotive repair training in conjunction with a previously-approved technical school. Continued from the August 21, 1995 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-111 FG~LLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Chuck Emanuelle, agent for the property owner, Cal'rfornia Career Schools ,stated they are requesting permission to allow automotive technician training in conjunction with the previously approved technical school. That school is at 392 W. Cerritos Avenue, on the comer of Anaheim B roxematela ten 10t feet Avenue. Their auto technician program is adjacent to a mobilehome park, app Y ( ) away from the wall that separates the two, and they have been looking for another facil'dy that would serve their needs and feel that 1100 S. Claudina Place meets those needs. Mr. Emanuelle explained this building was recently vacated by a court reporting school which moved to a different location on Anaheim Boulevard. The existing facility will be exactly as is, with the exception of a parking garage of approximately 5000 square feet that had been used for the other school's staff parking. Three additional classrooms will be added for the auto program and the rest of R will be laboratory. That will double the lab from what it currently is. They have worked with the Building Department and have idenC~ied a circulation system that will meet everybody's needs and requirements. With this they will be able to contain the activities inside the building because of the proper ventilation and that should meet any issues or concerns there have been in the past. THE PUBLIC HEARING WAS CLOSED. -7- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSIOiJ, ~?ierri~er tf3,1996 Jonathan Borrego, Senior Planner, asked for some clarification ftom Mr. Ema at win o iven timte and ate truck operations in terms of the number of trucks that will be on the property Y 9 what time they be started and brought back onto the facility. Mr. Emanuelle stated they also have a truck driving training program and they have a range facility that is located in the City of Orange on Batavia Avenue, which is where they do all the backing and docking exercises. In the evening. between threw and four p.m., there will be either three or four trucks brought to this site and parked on the east side of the facility and they will be removed by about seven a.m. to go out on the road or back into the range facil'dy on Batavia. In response to Commissioner Messe's question he saki h takes about two to three minutes to warm the diesels up - no more than five minutes, in any case. Commissioner Messe asked ff they could park the trucks so that the building is between the trucks and residences to the north? Mr. Emanuelle said they did look at that, but they were looking at the east side of the building because further east there is another building that was used as a truck depot and facility and it has docks and that has been used specifically for that, so it would just blend in with what that east property had been used for all along. Concerning the time those trucks are started in the moming, Mr. Emanuelle said they are no longer there and the owner is looking for a new tenant with a similar use. The owner is limited as to the tenant that could come in there, so they have to use h as that type of a docking facility. ~_. Commissioner Messe said he is a bit concerned and he asked that Mr. Emanuelle recall that one of tha complaints on the last CUP was that those trucks start up early in the moming and awaken people; and that the engines run, and he is wondering ff they couldn't make that staging area south of the building so that the building 11es between the residences and the trucks. Mr. Emanuelle responded he believed they could do that ff it was an issue. Commissioner Messe said that it could be an issue and ft has been an issue in the past. Mr. Emanuelle said the difference is the distance between the school and the residences currently. There is a substantial distance between the residences and the school at the new location. In the past, they were right on the back wall and then seven feet from the back wall was the mobile homes. Commissioner Peraza said he thought the apartments across the street are higher. Commissioner Bostwick asked 'rf the student count is going to be the same? Mr. Emanuelle said the student count will be the same. They anticipate a growth of approximately ten percent in the coming year. There are 151 parking spaces at the facility currently and that is more than enough to meet Anaheim's standards, plus what their usage has been. ~_ ~ ~ 1a 1se6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Commissioner Messe asked about the garage door which was another problem at the current location, and asked ff that is going to be closed during hours of operation? Mr. Emanuelle stated that there is a single garage door at this facility and it faces Anaheim Boulevard, so it does not face any of the apartments. The garage door really is the only source of natural light that ventilation s stems in there and theyhbelieveuthey can contain all het activity inside the111ab are . isticated Y Commissioner Messe asked ff they dfd not foresee any noise problems between the apartments and this school. Mr. Emanuelle said no, because there is a much taller block wall; a driveway on the opposfte side of the block wall, and then there are parking garages for the apartment complexes, then there is another 25 feet of yard area behind the parking spaces before you get to the a,~artment structures themselves. In response to Commissioner Messes's question, he said the hours of operation of the automotive school start at eight (8) a.m. In the current facility they were asked to start at mn If the have an aftemo n like to go back to the original schedule of eight (8) a.m. through one (1) p. Y class, that will go from approximately one thirty (1:30) to six (fi) p.m. Commissioner Messe asked ff eight (8) a.m. to six (6) p.m. was something that they would stipulate to and added that the CUP could be conditioned on that stipulation. Mr. Emanuelle said yes, with the exception that they might request evening classes, but ff there were _. evening classes, there would be no activity outside and they would be willing to keep the door closed in the evening and curtail all acYnidy to the inside of the building. Commissioner Messe said themc Md Emanffuelle agreedhat the doors be open only between the hours of eight (8} a.m. and six (6) p. Commissioner Messe asked about the conditions of Resolution No. PC71-74 and asked ff they were going to bring those conditions from that resolution to this resolution? Mr. Borrego stated that could be done. He has actually looking at the old resolution and there really isn't too much there, except there was a time limit attached to it and another condition that they receive the building permits from the Building Division and a limitation on the hours and that the doors be closed and the activities be held within the building. Commissioner Messe added that they are not going to ask that the doors be closed, except they may be open between the hours of eight a.m. and six p.m. Mr. Borrego responded it sounds like the Commission has covered about all of the previous conditions, based on what has been discussed here today. ~. -9- Separi~er 1$1fi$ SUMMARY/ACTION AGENDA, ANA'iEIM CITY PLANNING COMMISSION, Commissioner Masse stated he would add: no outdoor activities and the garage door can only be open between eight a.m. and six p.m.; and that the truck storage and start-up area shall be to the south of the building. Chairwoman Mayer asked Code Enforcement ff they had any comments. B rking rwas going Dabs at on the south skis oftheebuilding fohenforcelment purposese the truck Pa Mr. Emanuelle stated that the building is approximately 2.~i0 feet in length and ft runs ftom east to west/west to east. In front of the building there are two rows of parking plus a driveway area. Most of the classes start off at eight a.m in the morning. The trucks leave the facility by seven a.m. So ff the trucks were to park on the south side normally where the student parking would begin and where the driveway is, they would park parallel to the building itself. Commissioner Masse indicated that was what he had visualized and that was fine. Commissioner Bristol asked what time the trucks would be coming '.u the location at night? Mr. Emanuelle said between three thirty (3:30) and four (4) p.m. Commissioner Bristol asked how they would park ff there were afternoon classes? Mr. Emanuelle explained that the classes ran from eight a.m. to one to two p.m.. Ninety percent of the spaces are empty by two p.m. and the trucks are not needed for the classes. They have three sections - Module 1 where they are in the classroom; -Module 2 when they are out on the range; and Module 3 when they are out on the road. Anything that they need the trucks for will be at the range area on Batavia Street. None of that will be done on this facility. He asked ff the name is going to be changed on that street? Mr. Borrego said that he has seen some documentation somewhere that the City may be considering that. - He asked Melanie Adams, Public Works, for information on that issue. Mr. Emanuelle said he had heard that it was going to be called Technology Circle, and that they would like that new name. ACTION: Approved Negative Declaration Approved modification to Conditional Use Permit No. 1234 Added the following condftfons to Resolution No. PC71-74: 1. That there shall be no outdoor repair activity permitted. 2. That all repair actN'rry shall be related to the instn;ction taking place at the facility. There shall be no repairs offered to the general public. 3. That subject property shall be developed substantially in accordance with plans and -10- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, S~ierri~ 18,1 i .J specifications submitted to the City of Anaheim by the petitioner and which plans ara on file with the Planning Department marked Revision No. 1 of Exhibit Nos. 1 and 2. 4. That the garage door leading to the automotnre repair lab sha!I only be open between the hours of 8:00 a.m. and 5:00 p.m. 5. That the tractor trailer rigs used for instructional piirposes shall be parked in the area between the building and the south property VOTE: 6-0 (Commissioner Boydstun absent) -11- Se}iarber 18,1931 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, r.EOq NEGATIVE nFCU1RAT1lyN Approved 4a. Denied 4b. CONDITIONAL USE PERMIT N0.3788 OWNER: MOHAMMAD JOHAR, 1074 N. Tustin Avenue, Anaheim, CA 92807 AGENT: SAMIR JOHAR, 1074 N. Tustin Avenue, Anaheim, CA 92807 LOCATION: 1074 North Tustin Avenue. Property is approximately 1.67 acres located on the east side of Tustin Avenue and located approximately 350 feet south of the centerline of La Palma Avenue. (Mr. J's). To permft a public dance hall within an existing restaurant with cocktail lounge. Continued from the September 6, 1995 Planning Commission meeting. CONDITIONAL USE PEtitMIT RESOLUTION N0. PC95-112 -------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 1 person spoke in favor of subject proposal Creviious hearing onthis matter butt atnshe hasl stened to the tap s of hat meetinghe was not at the p Jeff Farano, 2100 S. State College Blvd., Anaheim - Thank you, Commissioner Mayer. My name is Jeff Farano , inreps a proposal to maintain the application before you today. The application simply recapp g existing restaurant with cocktail lounge and the application for a dance hall permit which would allow the applicant to charge a cover charge for ic~ant has determined that his existingr business is That is what a dance hall permit is for. The appl slow, dinner business, and that the entertain„ gent r~~.;essary ~~r evening is necessary to increase his dinner business and that the entertainment that he wishes to provide typically is the better entertainment is more expensive and a cover charge allows him to bring in the additional for entertainmenthn the ICity of iAnaheim and the North Orange County area, a increased desires C yof Anaheim is tha t here ids a desire fo~ dining andmentertainment in~this area i~Thee isn the kY -12- S~ri7er 1$ 1~ SUMMARY~ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, much entertainment really in this area and people do have to travel to other places for entertainment in the evening. Mr. J's wishes to fill that opening. The operation is going to be consisting of the following: There are going to be some interior changes to the existing premises. You've already approved the moval of the bar from the east end of the building to the - up to the comer up to the front of the building. What that allows him to do is create a separate, segregated dining area in the rear of the building on the east end of the building that looks out the windows towards the Anaheim Lakes. The dining will then be -that will be a segregated dining only area which will be separated from the existing dance hall/cocktail nowgand thatis din ng upstairs which would be diningilonly~ilt is ttypically right now forhbanquetss and other type of dining only facilfties. With a dance hall permit, a cover charge will be covered in the evening hours. The proposal to be eight o'clock -after eight o'clock a cover charge would be imposed. The entertainment that they would like to bring in would consist of bands, DJ's, dancee of businessthat is regulatedrby the of entertainment. This dance hall proposal is not for any typ SOB Ordinance in the City of Anaheim. The proposal -they obviously -under this dance hall permit they would follow the ABC license that • is in force on the premises right now. The ABC license does require them to allow minors Into the building. They will obviously allow that but their ABC license does that. But not to misunderstand the Commission, they are not proposing to provide family entertainment on these premises, and I '~_ do not believe the existing regulations provide and require a certain type of atmosphere or entertainment on the premises. Obviously the existing cocktail lounge and bar will remain the same. Quite frankly, I do not believe the previous business was an attraction to family and children as well, just as many other businesses or restaurants are not desig~~ad for family entertainment, such as a Keno's or a Denny's might be. I did propose to the staff certain conditions I did meet, based on the, based on our last meeting, as a .'iscussion point and we did meet last week and discussed some of the those positions. I believe that the staff report kind of points out what the staff position is and what our discussion was. It appears that the postion is that there is still a feeling that the existing business is not a restaurant and based on that, they've -they cannot encourage the additional dance hall permit to a business that is not a restaurant now. It appears that the basis of the fact that it is not a restaurant has been based on there have been n~ menus offered, there are girls dancing on the premises under a current entertainment permit, there is dining and entertainment combined on the premises and some Investigation we've had in the past. Although this issue has been looked at now for three times and it appears, and I did produce to the staff a summary of food receipts which was offered and I think is a part of your staff report which showed food and alcohol beverage receipts to be fairly equal at this point in time, that is in response to a request in the last CUP amendment. I believe that there was a Code existing receip~andith t offer was not acceptedybut lI did p esent th m to you (n the etter.e -13- SEplari~er ifi< 1~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, r ~' I think what we have to do here now is put askle the issue of whether or not it is, in fact, a restaurant. All - What's happening here Is we have over a period time, we are micro-managing whether or not this is a restaurant. We're creating tine details to produce a business exactly the way somebody wants to see tt and micro-rt~anagement makes it almost impossible to do business. i believe that micro-managing and the fine details that are being put in place almost is so restrictive now that you're going to be putting him out of business as opposed to allowing him to continue him to do business in a way which is different from which you see there now today. Commissioners have indicated they desire that they do not wish to see what they see there now in the form of entertainment, but this proposal is an attempt to change that over a period of time. But they need the opportunity to simply charge a cover charge to change this business. I would like to address the conditions now as set forth in the staff report and give Art's, my client, response to the conditions. The first one is that that the permit shat! terminate in one year - my client does not agree with acceptance -accept the one year restriction for this fact. I understand that many of the dance hall permRs do have aone-year restriction on them throughout the City, but the circumstances here are a little bit different. First of all, restrictions on the CUP are by law have to be justffied and reasonable. At this point in time I have not seen anything presented which would indicate that aone-year restriction has any relevancy at all. What complaints we have about here, right now, is whether or not they are a restaurant. The entertainment itself, by way of a dance hall permit, is not affecting that. As we know the ordinances have been changed so that after, in the near future, dance hall permits won't allowed in this area and we all know that aone-year restriction then would be essentially _ putting this business out of business in one year, and I don't see any justification in doing that. What we have to work on right now are what the existing ordinances are In effect. We do know that Gorillas, another dance hall permft was issued down the street recently with a three year restriction. Reviewing those staff reports and those agendas and the minutes of those meetings hadn't indicated any problem with that dance hail permit and any reason why it should be restricted to less than three years. I would propose a five year restriction. As you know, a CUP you do have an opportunity at any point in time to come back and examine whether they are complying with the condftions. The second condition, No. 2 - is done at ten o'clock. If you read my letter R was proposed at an eight o'clock time be imposed at which time a cover charge can be put in effect. Ten o'clock is simply very late in the evening. Entertainment typically starts more in the eight o'clock hour not in the ten o'clock hour, as dinner time concludes and people start looking for entertainment, eight o'clock Is more appropriate. i see no justification or reason for Imposing a ten o'clock curfew other than putting additional restrictions on the premises. The fourth condition at issue is number 4 which is that a menu be provided during the - in the dining area and in the cocktail lounge/dance hail area before ten o'clock. Although it is true that we are a restaurant, so why would there be any objection to this? It simply is an additional condition -restriction that seems to be fine tuning or micro-managing of this and yes, they have provided food, they do issue food, but to say you have to have amenu - I do not believe that any other restaurant in the City has that requirement and a CUP that says you have to offer menus -14 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, S~anba 1$ 1se6 f when they come in the door. Efther they are complying wfth the conditions of serving food or they're not. Providing a menu, i do not believe is necessary. Some person comes in, obviously there's been a lot of activity - I think there has been more Code Enforcement and Police Officers on this premises in the last two weeks than regular individuals. Somebody walks in and somehow forgets to give this guy a menu and all of a sudden we've violated our restaurant condition. The fifth one is that there shall be no dancing for fee or tips. In my letter I proposed that there shall be no dancing in the dining area for fees and tips and this is now expanding into the entire area which Includes the dance hall area. The proposal is that there would be artistic dancing going on in the cocktail lounge area when the cover charge is not in force. And that is what the applicant has proposed. When there are cover charges in force in the dining or in the cocktail lounge area, there will be no dining -dancing for tips at that time. And there will be no entertainment or dancing in the cock -dining area, upstairs or downstairs in either case. The next one is number 6 which basically addresses the set up that you have on a table. This is very similar to the one issue regarding the menus. To mandate by condition that you have to have a set up on the table seems to be overly restrictive and I don't see any justification or reasonableness to that. The other condition is the age restriction and there will be no age restriction. Obviously we have to comply with the ABC license and that restriction is in the ABC license. I think it's repetitive to also put it in the CUP. The next one is number 8 which addresses the dancing by patrons only when there is a cover charge. The problem I see with this is that you're talking about dancing. There may be groups or entertainment or musical groups, or whatever, which have dancing as part of their entertainment. This would restrict that. I see no justification to restrict that type of condition. The next one is number 12 which addresses a security guard and the condftion suggests that there be a security guard in force starting at five o'clock. That security guard issue is already addressed in the entertainment permit. I'm having a difficult time to justify to say that a security guard is necessary for a restaurant. The cover charge does not start until eight o'clock, I see no reason for a securely guard to start at five o'clock, This is just more restrictive on the business and makes ft much more difficult to operate, makes ft more expensive. Eight o'clock is normal, is typical. To now make ft five o'clock I think is just an additional attampt to make ft more difficult to do business. And you have to be aware, I think, that the more conditions we start putting on this use permit, you know, are we going to apply this throughout the City to ail dance hall permits. There's been an encouragement for entertainment in this Cfty. Are we going to be applying these throughout? I think what's happening is we're becoming a unfriendly City to entertainment, which is a business that we need. Granted, there are different forms of entertainment. This may be more in the area of adult entertainment, not SOB, but this is adult entertainment. So, wfth that I think I am about ready to be told ;I've extended my time, so I believe, I think that the justffication for the dance hall permit exists and ff there is addftional -one last thing - If there is additional testimony to be presented by staff here today, I would like to reserve the opportunity to respond -15- sep~ni~er ie, ise5 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, to any of that. Chairwoman Mayer asked if there was any one else in the audience who wished to address this Item. Good aftemoon, Commissioners. My name is Sam Johar and my father and I own Mr. J's restaurant on Tustin Avenue. Our meeting was continued so that the staff could formulate conditions for our approval of our dance hall request. I would like to take this opportunity to explain some of the questions that the Commissioner's had at our last meeting. It seems that - it seems that ff we were being treated fairly and equally with the Foxflre and Gorillas restaurants then we would be able to live and compete on equal basis with this market. Commissioner Bostwick made a comment last week that the reason the Foxflre was an appropriate place for a dance hail because tt had separate dining room anwhi~ch is on the seicond to state that our business has the exactly the same separate dining room, floor, accessed separately, and the bar and entertainment areas which are accessed separately. Looking at this staff report and recommendations for the denial, ft is the same old stories that has been haunting us since we opened our doors in this City. I believe that ff the City was to give us a chance to prove ourselves, then we will finally be dealt a fair hand in the City. Thank you, Commissioners. Chaiwoman Mayer asked H there was any one else in the audience who wishes to address this issue? Good aftemoon, my name is Phil DeCarion, and I I'rve at 5 Hillsborough in Newport Beach. My partner, AI Mayo, and I operated the previous facility at that location, Bessie Wall's restaurant, which many of you know. We operated it there for something in the 11ne of 13 years. We were, in my opinion, we were the finest restaurant in that particular area. Our standards were extremely high and we felt very proud of what we were doing. The problem that we had there, quite honestly, is that that is a destination location. There are no malls around there, there is no residential area, there is not even a church to draw from at Sunday brunch, and everybody that go~:s to that location goes there in a car because they set out to go there. And we found that in not really ienough to maintain t e co petitive edge that wehneeded to stay i bus Hess 1r 3fe ere So in 1990 we saw the handwriting on the wall and we sold the restaurant to some other fellows, Reuben V of Placentia that many of you know oven's Millie's, bought it from us and he, still couldn't make it a go of it. My being a good operator and a very knowledgeable restaurateur, opinion was then, and I see it more now, Mr. Johar is considering a change of his operation to what I see as somewhat of a mirror of the Crazy Horse in Anaheim - I'm sorry - I mean, Santa Ana -The facil'dy is set up much as the Crazy Horse is set up, that is it has dining facllfties that are very nice. It has a large bar area where they provide entertainment that people go there for the entertainment arxi many of them dine in the process. In order to do that they really have to advanceoashwellsr~s at times getting cov s at he door and doing whatever itltakesito coveetthe -16- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, ~a» ~~ cost of their entertainment. They really -they're friends of mine so I kind of know a little about it and they are just barely breaking even on their entertainment, but in the process they have a draw to the restaurant. Bessie Wall's needs a draw. It - Pm sorry - Mr. J's needs adraw - There is just nothing around there -residential is a long way away. The amount of people that come to work in offices down there that are close by in walking distances is minuscule. So you need to get something to get people in there. I see him as trying to do - I think in talking to him -that he is trying to do the right thing. That is, he is having a little bit of a problem with the nature of the format that he is operating right now. He wants to get out of that and try his hand at entertainment. I don't think that by unduly tying his hands and making ft so dffficult for him that he can't compete with other operators of similar style, is a posftfve thing. I think he should be given his opportunity and ff he goes off the deep end, then he does. But it seems to me that he ought to be given his opportunity to make his go of it in a format that has been proved elsewhere where you bring in top quality people and they and your customer pays the price. Thank you. Chairwoman Mayer asked ff there was anyone else who needs to address this item. There being none she asked for comments. Selma Mann, City Attorney's Office - I would Just like to clarify a few things. There was quite a bit of discussion with regard to whether the Planning Commission is encouraging or discouraging entertainment in the City of Anaheim and that really, that has seemed to engender some confusion. Entertainment is regulated by entertainment permits which are Issued by the business license division and have Independent conditions that are attached to that entertainment permit. What the applicant is asking for here is a public dance hall, a conditional use permit for a public Y dance hall permit, to permit the applicant to charge a cover charga for patrons dancing and it is appropriate to place conditions upon that application that relate to putting a cover charge on for patron dancing in terms of looking at the particular conditions that are being suggested. But, you know, that would be what you're looking at -not related to the entertainment permit. Mr. Farano is correct when he says that there is some duplication of conditions with conditions that are on the entertainment permit or conditions that are on the ABC license. That is being done rather deliberately in order to have those be conditions of the use itself. The ABC is very overloaded with many enforcement actions and has, despite enormous efforts on their part, tt does tend to take a number of years before some of these reach a hearing stage and then after that face appeals. The City's in-house process for enforcing these matters is much more swift and is equitable as long as the applicant is conforming to the conditions. Othar than that, it would be up to tha Planning Commission to determine what is a fair condition or what is not a fair condition to be imposed upon this particular use. Or, of course, the Planning Commission also has authordy to deny the application, based upon whatever evidence has been presented. Chairman Mayer -Additional comments by staff? John Poole, Code Enforcement Manager - At your past meeting there was concern expressed and whether or not the business was operating as a restaurant as required by the conditional use permit. Since that meeting we have sent code enforcement officers and police officers, both announced and un-announced, Into Mr. J's to give the Commission infom~ation on what's actually -17- SUMMARY/ACTION AGENDA, ANAHEIM CITY PIANNING COMMISSION, Septerri~er 18,19A6 ~~ going on there and at this time I would like to have each of those officers address the Planning Commission, and after they do, offer the Commission some closing remarks from the code enforcement side. And I would like to start wilt, code enforcement officer Tim Dunn. Tim Dunn -Good afternoon. On Friday, Septemter 8th, at approximately 1830 hours, Anaheim Police Officer Bob Adair entered Mr. J's located Ed 1074 N. Tustin. We were greeted inside by a male adult host who asked us ff we were there for drinks or dinner. Officer Adair told him that we wouid start with drinks and eventually like to have dinner. The host told us to go in and sit wherever we wanted. We sat at a table near the center of the room which had only salt and pepper shakers on ft. From our table I observed the room to be dimly Ift with a well-Ift stage as Its focal point. The bar was located on the eastern side of the room. A waffress came to our tabl9 for our drink orders. I ordered a beer and Officer Adair ordered grapefruit juke. She returned a couple of minutes later with the drinks and to collect our money. Throughout our time in Mr. J's, female dancers would be announced by the DJ, who was located in an upper balcony. Each dancer would get up on stage and dance provocatively to two songs. During the second song the dancers would remove their scant outer layer of clothing down to a G-string type bikini and top. Several of the dancers climbed the brass poles on the stage and slid down. Upon completing their dances each dancer walked through the room and collected tips from the patrons, usually touching them on the back, arms or hands, and hugging or kissing them on the cheek. After about a half an hour Officer Adair asked ff we could see the menu. I ordered a steak sandwich and he ordered a chicken stir-fry and a soda. The waitress returned approximately 15 `~. minutes later with our order and Officer Adair paid her at that time. I observed only one other patron who was eating food from the menu. Several patrons made trips to the buffet table located near the entry. Officer Adair and I were among about 15 to 20 patrons in Mr. J's. There were approximately 8 to 10 dancers initially, and when the DJ announced the night shift, the quanYdy increased to about 15 to 20 dancers. I observed approximately 6 other employees present. I observed that in the secluded sout``west comer of Mr. J's dancers would perform a couch dance at a special request. I also observed a dancer performing a table dance at the southeast side of the room. After a dancer named Crystal had completed her stage show, she came to our table to talk and collect a tip. I asked her ff she could do a couch dance for me. She replied yes and that she would return after collecting her tips. I asked her how much she charged for the dance and she replied ten dollars. She returned about 5 minutes later and led me to the secluded corner. She asked ff I had ever had a couch dance before. I replied no. She had me lean m~± hack against the back of the couch and spread my legs apart. When the music began she started dancing in front of me. When her dance was over she sat on the couch next to me. 11Ve talked for a few minutes. I thanked her and paid her the ten dollars. And at about 2030 hours, Officer Adair and I left Mr. 's and returned to Anaheim Police Department. John Poole, Code Enforcement Manager - And 'rf I could, Officer Bob Adair speak - Officer Bob Adair -Good afternoon, Commission. Refterating basically that Code Enforcement Officer Tim Dunn said, on 9/8 of this year at approximately 1830 hours he and I entered M~. J's restaurant at the direction of Sgt. Walker of the Vice Detail. And we arrived - we were q~ ~~;ed at -1 & Se{larilier 18, 1~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, the front door by a male subject and he asked us ff we were there to have dinner or just to have drinks. We - at that time we said just drinks for now. He saki go ahead and sit down and somebody would be by to take our order. As we entered what appeared to be a dining area we sat down at a round table in the center of the area. Let it be noted that the tables had table cloths and about 7596 of them had salt and pepper shakers but did not have any silverware, menus or napkins. Approximately - or after we sat down I saw the center stage with one female dancing on ft. The stage was approximately 30 inches high with a brass rail along the perimeter. There were chairs around the perimeter of the stage. The stage could be seen from the dining and bar areas both. The dancer was wearing a bikini type top and G-string type bottom. The dining area was very dimly lit except for the colored flashing lights around the stage area. There was one female patron and approximately 20 males in both the dining and bar areas... I saw approximately 8 to 10 female dancers in various areas. Some standing around and some sitting at the tables talking to the customers. After approximately 2 minutes a waitress came to our table and asked us what we wanted to drink. Mr. Dunn ordered a beer and I ordered a grapefruit juice. The waitress did not mention that food was available or offer us a menu. At that time we began watching the various dancers on the stage. They all had on bikini typos bm teln30 minutes,~he waitress tamed for two straight songs. While we were sitting there, app Y over and asked us twice ff we wanted to order another drink. We told her no. At that time I finally asked her ff we could see a menu. She brought the menus back right away, chicken sir--fry and Code Enforcm ent Dunnilorderedi a stelak sandwich i Theswaftress b oughttus silvervvare and napkins with the food. While we were waiting for our food, I observed a male patron receiving a couch dance by one of the dancers. During the dance she was touching the patron's shoulders with her hands and at one time took his hand and placed it on her hip. While we were eating I observed two male patrons sitting at the table in front of us. One of the female dancers was sitting beriveen them and i saw each one of the males place a dollar bill inside her bikini top. After we finished eating, Code Enforcement Dunn asked the dancer Crystal for a couch dance. There were 2 waif-esses working the dining area. After each of the dancers finished their dances, they would walk around to each of the tables, introduce themselves and ff they were given a tip they would hug and/or kiss the patrons. Just before we left, the DJ called all the dancers, approximately 20, up upon the stage and introduced then as the night crew. We concluded our investigation at approximately 2030 hours and left the premises. John Poole, Code Enforcement Manager - Do you have any questions of him? If not we'll hear from Officer Tom Engel. Good Afternoon, my name is Investigator Tom Engel with the Anahe(m Police Department Vice Detail. Believe it or not, I actually went in there and wasn't recognized, which I thought was impossible for me since they've seen me so many times. However, myself and Senior Code Enforcement Officer Don Yourstone went in Thursday night. It was about sbc -six thirty in the evening. We basically went in and sat down. There were approximately 20 other men in the room -19- Seplerrtxr' 1$ t9e6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, E that were watching the dancers. We saw no female patrons there at ail. The only females in the building were the dancers. From the area where I was sitting I could see the door man F;nd I did observe the door man check I.D.'s on two individuals as they came in. Both individuals showed their I.D. and they were allowed to eMor. I did notice that they had a buffet tablo set up and I saw one or two persons go to the buffet and get food. At no time did 1 see anyone have -see food come out of the kitchen area or anyone order food from a menu. While I was there I did not observe anyone to go upstairs to the dining area, other than the dancers when you could see them as they walk up the stairwell and then they go over to the DJ and talk to him before they go on. Mr. Yourstone and I wer~+ Thera for approximately an hour and we then left. I did see the senior Mr. Johar, however, he did not see me or recognize me before I left. I did not see Sammy there at that time. On Friday at about 12 o'clock noon, myself and Senio~ Investigator Yourstone went back to Mr. J's at the lunch hour. We walked through the door at,d ~. r. Johar was standing there so I don't think he could miss us this time, and he was as friendly as he always has been. He shook our hands and we walked in and walked around the place. There was a few patrons there that were observing the dances going on at the time. Mr. Johar showed us around the entire area. We went into the kit~.hen and I observed a dishwasher and a cook, and the cook was fixing a meal at that time. Mr. Yourstone, Mr. Johar and I went into the refrigerator/walk-in freezer area and I did observe some food to be stored inside the refrigerator area. I will admit that most of it was taken up by beer at that time, but there was some food there for prs; •~'.~~'on. We then walked upstairs to the dining room area and there was no one up there but us; no one was dining. All the activities in the restaurant appeared to be going on in the bar area. We continued our tour and spoke some more with Mr. Johar and we then left. -- Commissioner Messe -What time did you arrive and what time did you leave? Mr. Engel -About noon -stayed probably a half an hour. Commissioner Henninger - I didn't understand. Are they collecting a door charge at this time? Mr. Engel - No sir, they are not. Commissioner Henninger - I mean -the people -part of the testimony was from one of the other officers was that some of the patrons were using the buffet. How was that? Do they charge separately for the buffet? Mr. Engel -Not that I cuuld tell. Commissioner Henninger - I mean, they don't charge a cover charge and the buffet is free? Unidentffied person - As far as the buffet, there is no charge. It's like a -you know -what do you call it -happy hour -appetizers. Commissioner Henninger - I like -okay -happy hour. John Poole, Code Enforcement -Madam Chair, ff i could just finish up unless you have any other -20- Se~ri~er 1f3;1~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING CCa1lMISSION, questions ftom him. While I agree with Mr. Farano that dffferentdrestaen Iighttng andlso orthrleve manner and have different menus and different ways of seating, inspected restaurants and night clubs for almost twenty years and this restaurant is being operated differently than any restaurant I've ever seen. But it is being operated very similar to many night clubs that I've seen and I've visited this location and ftom the configuration of the business, to me it appears to be a night club. I think the Commission should, before granting any other entitlement such as the conditional use permit for the public dance hall, consider whether or not Mr. Johar is in compliance with his current CUP which is for an accessory cocktail lounge in conjunction with a bonaffed eating place. I think from the testimony 9N~ is be ng opepated as a of the restaurant, that it is very clear that ft is not a bonafied eating place; night club. That ends my presentation unless Commission has any other questions. Chairwoman Mayer -Any questions by Commissioners? I have a question of Mr. Farano - In listening to the tapes of the previous meeting, Commissioner Boydstun had brought up an issue as to whether or not the dancers/entertainers were employees or independent contractors and you stated that you didn't have chat answer but that you would find out. Mr. Farano - I !pink what I said, I would find out and I was looking to my client behind me at the time. I have, not inquired since then, I didn't believe that the issue was going to come up again. But, no, I have not. W!~at I stated at the time was that they received their pay from the commissions on the tips they receive and we did not clarify legally whether that counts as an employee or independent contractor. That's more of a legal issue and I believe they are being treated - I do not believe they are receiving W2 forms. (someone in the background talking t~ Mr. Farano) They do not receive W2 fo!rtis but are being treated as independent contractors. To answer factually, that's what happening. Chairwoman Mayer -Thank you. Commissioner Bristol -Yeah - Mr. Farano What is artistic dancing? Exactly what's going on right now? Mr. Farano - I - uh -You could call it that. Yes. Commissioner Bristol - So by your comments, tipping you would not want tipping to be there after eight o'clock? Mr. Farano - The proposal would be that the girls would not be dancing for tips at the times that a cover charge is in force. Which is -which we are proposing to be at eight o'clock. Commissioner Bristol - So what you're saying now is that what's going on right now you want to be the norm until a certain time? Mr. Farano - That's correct. The -what's happening is they have -they are not having a whole lot able togas was ndirated by~he pr9ortrestauranttisehetwants toltry hisnhand at doing omethinge -21- sept~r~,a ,se6 SUMMARL'/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, different and he can't make an immediate trade off from one form operation over to the other and he would like to do a gradual trade-over. As you all know, he is -there is another Mr. J's in Santa Ana and he doesn't necessarily want to operate it like that, ft's going to be a little bit different. He wants to be able to maintain what he is doing now under -wish the entertainment permit until he can get the other operation to be more successful. Commissioner Messe - So he doesn't really want to operate public dancing then, is that ecrrect? Mr. Fcrano -Not as the sole source of business, no. It's an attraction to the dining area is what's he wants to da. Commissioner Messe - I thought entertainment was the attraction. Mr. Farano - Well, that's part of -dance hall is part of entertainment -you have a dance hall which allows people to come in, pay a cover charge and dance on the premises. As it is right now I believe he could charge a cover charge for a band but people would not be permitted to dance on the dance floor. The patrons, that is. But typically they want to have a little more participation wfth it so ff you have a group that comes in and wants to dance as the band is being played, they would not be permitted to do that if they paid a cover charge. So it's part of the overall form of the entertainment being provided. Yes, that's true, the entertainment license controls the entertainers. What he want's to do is for the dance hall, allows him to charge a cover charge when people dance now. Commissioner Peraza -This question is for the Vice Officers. Have you seen anything there that _. you could issue an arrest warrant or charge anybody with any crime? Except for breaking Codes -land use codes, or whatever? Mr. Engel -Well, yes, as a matter of fact, !did cite somebody in there Friday night. Commissioner Peraza - You did cite someone? Mr. Engel -Yes. I cited one of the barmaids for serving alcohol to a minor. Commissioner Peraza -But nothing that had to do with the dancers or whatever? Mr. Engel - Possibly public nudity, some exposure problems; however we have not gone into an enforcement mode wfth them at this time. Selma Mann, City Attorney -The nudity issues are under investigation by the City Attorney's Office at this time, so that is a difficult question for the police department to answer. I would like to clar'rfy one other thing. One statement was repeatedly made by the applicant`s representative with regard to the dancing taking place in accordance with the entertainment permit. The fact that there isn't discussion that's being encouraged at this point with regard to the entertainment permit in no way means that the City is agreeing or acquiescing that the entertainment that's taking place now is in conformance with the entertainment permit that has been granted. -22- 1Q 1~ SUMMARY/AC1iGN AGENDA, ANAHEIM CITY PLANNING COMMISSION, ~~ _t ~~~ Commissioner Bostwick - Maybe you could clarity th:3 fir me Just a little bit, Selma. The entertainment allows them to have the dancers, bikini dancers that are performing now? Selma MQnn - I'd have to take a look at the actual language in the enter~4uaant permit. It indicates that there can be, I believe, bikini dancers in a Las Vegas type show which is fairly vague. However, ft goes on to state that the entertainment will not violate the Code and ft indicates that ft doesn't authorize activfties that are going to trigger the - Chapter iS.89, which is the Sex Oriented Business Permit requirement. That would require, obviously, a sex oriented business permit and this operation is not in a location, either before or after the recent amendments, to have a sex oriented business permit approved for this location. Commissioner Bostwick - 'I'i ie entertainment permit does allow them to charge a cover charge? Selma Mann -The entertainment permit doesn't address the issue of a cover charge - Well, I don't know. I don't know ff the entertainment permit prohibits a cover charge or - Oh, ft does -well the entertainment permit prohibits cover charge -from the background "admission fee". Commissioner Bostwick - So to do as has been purported here, a possibility of having bands come in similar to the Crazy Horse Steak House in Santa Ana, ff they had a band come in and wanted to charge a cover charge, they would need this dance hall permit to do that type on entertainment? To be aule to have the cover charge? Selma Mann - Well, under their entertainment permit, the entertainment permit says they can't charge an admittance fee. Under the dance hall permft what they can charge is a cover charge for patrons dancing. So what they are doing is charging for the patrons coming in, for the patrons to dance. It doesn't authorize them to be charging a cover charge for - but I understand is the Crazy Horse type of entertainment where you have like country western singers come in and perform and people come in and view that. I think what's getting confused is all types of different c,perations and what's happening is that there is a conditional use permit here for a restaurant, which is the underlying condtional use permft and ft permfts an accessory cocktail lounge. And a lot of the difficulties that, I think, Planning and everyone else is having on this is that the actual operation doesn't necessarily fit within the perimeters for having a restaurant. That may be what the issue (s in any event. Commissioner Messe -They're more or less trying to operate as a cabaret, I guess, or a night club, and I don't know that we have an official designation called night club, do we? Do we have cabaret? I think we do. Jonathan Borrego - I think that we have cabaret defined but I don't believe that we have night club defined. Chairwoman Mayer - Let me just ask -are the entertainers under the entertainment permit, are and the way that they generate thei~ personal incomehis after they dances theyy go out a dnsolipcaftid monies? Mr. Farano - Solicit money -yes, in the form of tips in return for their dance. -23- sue' 1a 19~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Chairwoman Mayer - And so they are in the business of being an entertainer? Mr. Farano -Yes - I believe that would be correct. Chairwoman Mayer So then they would need to have a business license. were eq o ed to haveea t>usigness Ice seuthten we would ha~~e to examine that abut that issue hasy not come up as of yet. Chairwoman Mayer - I have a further question. In your letter dated the 11th of September, ff states that ff they are allowed to have the cover charge in order to attract top name entertainment, that during that time the existing and you don't really say what that top name entertainment is, entertainers would not be dancing at tables and asking for money. But then I would assume ftom your statements earll~r that in any other period of time thls activity would still be going on. That only during the time of the cover charge and the big name entertainment that it's going to provide a better quality of patron for the dinner hour, entertainers would not be out mingling and collecting their fees, but they would be during the rest of the time. Mr. Farano -That's correct. Commissioner Messe - Would they be on the premises during the entertainment phase of your operation? Mr. Farano - Th would~~'t see any reason why they would have to be ff they are not going to be dancing, so. Commissioner Messe -Well, they could be wafting tables or offering cocktails. Mr. Farano -They could be waiting tables - I don't know how they set up; whether these same girls wait tables and then dance also, or whether they are combined or separate - I don't kno~ whether they are one in the same or not. Chairwoman Mayer -Are they an employee 'rf they wait tables? Mr. Farano - If they are waiting tables -again you are getting some details of whether they are employees or not -they are waiting tables they are waitresses and I - Commissioner Messe -And now they are waffresses? Mr. Farano -Waitresses apparently ff they are not dancers and get wages. This is all a very confusing issue and Selma is correct because we have entertainment permits, we have restaurants, we've got cocktail lounge, we got all different kinds of areas and do they intertwine, and ff you do one, tt means you're not the other; and ff you do tt~e other, ft means you are not this; and it becomes very vague, very ambiguous and you're really not sure what you are. It's a big gray area. Are we a ~astaurant or are you not? It appears to be that there is no definite black -24 SEfierri7er 1$1~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, or white issue. They serve rood but they also have entertainment. Does the fact that you have entertainment mean that you are not a restaurant? I don't know of anything that says that. There are several facilities around nat have entertainment and also serve food and they are considered restaurants. And so John is right - he hasn't seen anything like this and Iguess - I'm not an expert in the field and probably haven't see as much as he has - but I know - ff you go to some other facilities and I bring up names only for the purpose of trying to compare to try to put an arm around this thing. Now you got Cowboy Boogie -well, we're not exactly like Cowboy Boogie, but ft's somewhat like ft. You got In-Cahoots, you got the one that was mentioned earlier and in each one of those, they have food being served in the same area where they have a dance floor or a band just performed or something of that na!ure. In this case they were issued a permft for a restaurant and a cocktail lounge. Weil, typically cocktail lounges don't exist. Many cocktail don'9know.o Butethey have been Syou do all we are allowed to have entertainmena restaurant. I Last year they were issued a dance hall permft ftom the business license and they had that for one year. They were also issued an entertainment permit. It becomes quite confusing; whereas, the code got developed you don't -what came out- the end became nothing but confusion but what I can say is there are other facilities in the City of Anaheim that f>ad been issued these type of things and continue to maintain the definition of a restaurnt. Marbles, Gorillas Adventure is one example within a mile of this facility that is considered for the last 20 years to be a restaurant and given a dance hall permit. And now to come and say, well, ft wasn't qufto right or ft wasn't - Well, then we have to change things if we don't like to clarify ft. What we have here today, I think I've tried to clarify what they want to do and that is continue to serve the food, and have - be able to charge a cover charge for dancing -patron dancing -when they are providing entertainment. Obviously entertainment then would require you to have an entertainment. Commissioner Bostwick - I guess my confusion is, does this really serve the purpose of what these gentlemen really want to accomplish. Are we really doing something to help them whether we do ft wfth condftions and all of this stuff and all that, is this really going to accomplish what they are intending to do? And that is my confusion in my mind, Jeff, is - If they want to have a name band, name acts, as you talk about in your letter, under the entertainment permit that they have, I assume that they can do that. And they don't require a dance hall permft. But they need ft for the cover charge or if you -and this is another question for Selma - If they sell tickets, is that the same thing as a cover charge and is that than -does that trigger this needing the dar+.ce hall. The dance hall says that the patrons can dance wrih the band or after the bawd o~• whatever during the performance or whatever time kind of thing. To me ft's rather confusing and I`m having a very hard time getting an understanding of - is this something that's going to help, hurt - is ft really going to accomplish what you really want -what the client really wants? I guesa~ my question, Selma, can they charge tickets or is that still called a cover charge? Selma Mann - That wowd still be a cover charge. Their entertainment permit does not permPc them to charge an admittance fee for the entertainment itself. What they're seeking to do is to be able to charge a cover charge for patrons dancing. I had sort of hoped to steer away ftom the sex-oriented business area, but I will read the definition of asex-oriented cabaret and just -our code is not as unexplicft as has been suggested. Commissioner Messe - Before you start that, Selma, is there a definition for anon-sex oriented -25- SUMMARY/ACTION AGENDA, ANAHEIM CITY PUINNING COMMISSION, Septiarber 1Q 1986 ~~ cabaret? Do we have a cabaret that is not SOB? We do not. Selma Mann - 1 think that what has happened is that, you know, you can use words like years ago, ft was very popular for a restaurant to be called a hof bran, and ft's very difficult to define what a hof brau is, you know. There are popular terms on what something is going to be called. obviously There is some discussion on what a restaurant is in the code, ,and that is looked at n conjunction with what the ABC calls a restaurant. You know, ft sort of has tagged along on the businesses that serve alcoholic beverages so that you know, we have a sort of sense of what a restaurant is. It's almost by default that when a business that is a restaurant with a cocktail lounge is no a restaurant they become a night club. You know, they're characterized by the entertainment of one kind or another, they are not a restaurant. So ft's like you are not this, then you are falling Into the other category and that's alt part of the - I think part of the reason why a lot of jurisdictions don't have explicit definitions is because it's an area that is difficult to define. However, ft is defined in the sex oriented business ordinance as to what a sex oriented cabaret is, and ff that would be helpful to you, I can go ahead and read that. All right. Sex oriented cabaret in Chapter 18.89.020 which sets forth the definftion means "a night club, bar, restaurant similar establishment or concern which features any type of live entertainment characterized by its emphasis on matter depicting, describing, or relating to specified sexual activfties or specffied anatomical parts." Then the specffied sexual activities are defined in more detail and I don't need to read all of that to you, but ft does include actual or simulated sexual intercourse in that and I believe that there has been some discussion about that from some of the reports that have been given by the Code Enforcement and Police Officers that huele coveeedhere. In addition, the specified anatomical parts means less than completely and opaq y human gen'dals, pubic hairs, buttocks, natal cleft, perinaeum, anal region, pubic hair region or female breasts below a point immediately above the top of the areola, and then ft goes on to the description of male genitals Commissioner Messe -Well, that's not what this applicant is asking for, isn't that correct? Isn't that correct, Mr. Farano? Mr. Farano - That is not what we are asking for and I do not believe that's what they are doing. We haven't had any testimony here today, or before, which said they were simulated intercourse going on; dancing between legs I can't believe is simulated Intercourse. So I - ft may be desirous to some of us but I don't think that there was any testimony to say that.:~nd that's not what they are asking for. What they are asking for is completely different. And so to say that's what they are doing now or that's what the definition is doesn't mean that what they're asking for isn't what they shouldn't get. He's trying to do something different. Commissioner Henninger - Mr. Farano, I had a - a hard time making sense of the revenue numbers that you've given to the Cfty and comaaring that wfth the testimony from Code Enforcement and the P. D. Basically your re~~~nue numbers show approxiriately a50/50 s~~ft botween your food sales and your alcohol sales and according to testimony we've heard from the P. D. and Code Enforcement, it's hard for me to see how these numbers correspond with the evidence that they have given us. It sounds like, you know, they've given us testimony that thers was a lot of drinking going on and very little eating, essentially. -26- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Separi~er 18,1996 l i ,_ J Commissioner Messe -And that a lot of the food is free. Mr. Farano -Well, no, the food isn't free. At happy hour as it is in many restaurants that have a cocktail lounge, you can go in and they'll have a buffet with buffet food, and at that period of time, people will go in and have food and sometimes they won't order because they got a flee buffet. That seems to be typical among a lot of restaurants where they have a cocktail lounge area. To be able to explain precisely why the food sales may not coincide with the staff report or with the testimony here today, I guess, you know, we're getting down to these fine details of is it or is it not? Commissioner Henninger - Well, waft asecond -hang on. Its not a fine detail. That's the main issue at hand here and what - my job up here is listening to the testimony and trying to figure out what the facts are, and I have really two conflicting pieces of testimony here. I have this document that you put in showing the proportions or what you purport to be the proportions of the food versus alcohol; and then I have testimony ftom the Code Enforcement and P. D. that really doesn't match this. Their description of what's going on doesn't match the description that's really contained and summarized in this, and I am trying to get to the bottom of that. And I don't think that's a fine detail, I think that's the main subject we're talking about. Mr. Farano - I think the fine detail is when exactly are they serving the food. I think it is an issue of, are they serving the right amount of food or not and I apologize for confusing that, but we have offered, we have offered the receipts to the Code Enforcement officers to examine. These are a summary of it which is a condition which they are required as a condition of the CUP to have. ' They have -you know there is food sales going on at different times of the day. Obviously we _. have heard some testimony here today that happens at an investigation at three o'clock in the afternoon - Commissioner Henninger - It wasn't three o'clock in the afternoon, it was 1830 which, if my memory serves, is something like 7:30 - he was corrected by other Commissioners - 5:30 - 6:30 sounds like dinner time to me. The other testimony was that it was between 12 noon and 12:30 which sounds like lunch time to me. That's normally when I eat lunch and dinner. So, you know - Mr. Farano - Weli - um -these are the records and I guess ff they are disputed I guess they're subject to a Glaser scrutiny, I don't know. Ummm - I guess -I've been in there at lunch time and I saw people eating dinner - or lunch, so I don't know what that means. Commissioner Bristol - I've got another question - Mr. Farano - Mr. Johar mentioned something - briefly, on the -between the dining room downstairs you intend to put down in the cocktail area - is that going to be a sliding door? Mr. Farano -Yes Commissioner Bristol - A separation? We're going to have a sliding door there instead of permanent? What we heard the last time, and Mr. Johar just made a comment a few minutes ago indicating that the dining room is going to be upstairs. -27- ~:~» SUMMARY/ACTION AGENDA, ANAHEIM CIN PLANNING COMMISSION, ~_.' Mr. Farano -Well, that's where ft is now. Commissioner Bristol - Well, I know that but the dining room is going to be downstairs too, is that correct? Mr. Farano - That's correct On the plans Commissioner Bristol - It sounds like to me that you're going to have cocktail area not downstairs, but where the eastern bar is right now and you're going to have dining upstairs. Mr. Faranc - The purpose of the door downstairs, and they would agrea to a condition that ft remained closed other than special events, the purpose is ff there is a large group that is going to attract somebody they want to be able to open the doors and have more area. Commissioner Bristol -And not have dining. Mr. Farano - Now, ft is a sliding door which has a door in ft and ft would be closed and would be a separate dining area downstairs. Umm -you know I thick ff you want ft to be a permanent wall we'd have to ask the client, and maybe a solid wall would make you feel more comfortable wfth ft. Commissioner Bristol - Last time I thought we were going to have dining downstairs and do not the numbers indicate that that was supposed to be dining- for the percentages we had? So that just took away how much percentage? Staff? If he can open up that cocktail area to the downstairs where the bar is now, would that not have to be taken away from the equation of possibly not having dining? Jonathan Borrego - Yes, I would think so, sure. Commissioner Bristol - Cause I don't remember the sliding door issue at all until he mentioned ft this morning. Jonathan Borrego - I think that was - I think ft was discussed at the last meeting. Mr. Faran~ - Yes, ft was. Jonathan Borrego -The fact that there would be certain Instances - ff my memory serves me right - at that point the applicant had said that generally the sliding door would be closed off to that rear dining area; however, on occasion when entertainment was being provided, they would open ft up. Commissioner Messe -How would a patron get from the main entrance to the dining area? Mr. Borrego -Through the entertainment portion . Mr. Borrego -the way I read the floor plan, anyway. -28- Seliariber it; iii SUMMARY/ACTION AGENDA, ANAHEIM CITY PIANNING COMMISSION, Commissioner Messe - Maybe Mr. Farano can correct - If a i - ff a patron for dining area -let's say at lunch time -how would he get to the dining area? Mr. Farano -It's not on the plan, but the proposal would be they were going to open up the wall on the right side as you come into the area. There is a small couch area right now, and they would open up that area and wouldn't be a couch area. And they would have to walk through the cocktail lounge area to the dining area in back. Commissioner Messe - And that's where the entertainment is taking place? Mr. Farano -Pardon - Commissioner Messe -and that's where the entertainment is taking place? Mr. Faranc~ -You would have to walk through the cocktail lounge area where the entertainment is taking place. Commissioner Messe - And that is where the entertainmerrt is taking place. Mr. Farano - That's where the entertainment is taking place, a^d go back to the dining area and eat there. And you know, that may not be typical to some restaurants where you are able to walk in and go to a cocktail lounge to the right and a dining area to the left, but we're dealing here a 65,000 square foot, what used to be a house, and attempting to -attempting to make - well, ft has been a restaurant now for many years. But now trying to make it into a restaurant with public dance hall, which would allow them to attract more business. Commissioner Messe - You know, it seems like there is an argument on both sides of this fence. You say that you want to increase your dining but that there are a lot of people that don't like to be in the -eat at your establishment because there is the type of entertainment you provide being provided, and yet you are causing your patrons to want to go - to walk through the entertainment portion. I - it just -the plan seems to me just disorganized and not thought out very well. Chairwoman Mayer - I think that's exactly -you've just said exactly, just put your point on what's been bothering me and it's now clear that the underlying primary use as a restaurant with accessory cocktail/entertainment and whatever else. The primary use is a restaurant. When you walk in the front door that is not the presentation. The presentation is night club type entertainment facility and you really have to work hard as a patron to find the feeling of a restaurant. It Isn't presented to you at the door. And H you really are promoting Emproving the diner experience, then that's not what you're doing at the front door. You are not saying "come in and let us show you our wonderful menu and show you to a wonderful table'. You're saying "ff you can make it through all this stuff that's in you way, and get to the dining area, we'll serve you food". And I think that 's the thing that's bothering me most about this - I am not comfortable that we really are trying to make a restaurant. Commissioner Henninger - Well, I'm like - um - I think I was offended by these comments regarding trying to micromanage this business. I don't feel we're trying to do that at all. I know -29- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, ~~ t$ tt~ ~_~ we had a work session a while a back and we talked about the definition of restaurants and we looked at a variety of restaurants in town here, EI Toritos, that's a restaurant that has a big bar business, sells a lot of alcohol, and also sells a lot of food, and Mr. Stocks and, what was the other one - um -Stuart Andersons -Black Angus -and you go into any of those and you know ft's a restaurant. And you walk into Mr. J's and I think you know ft's a bar. I mean :hat's just - you walk in the door, that's the impression you get and, you know, our efforts here have been to try to get your client to re-establish the restaurant use, not Just in a technical way but as a real restaurant so when you walk in people feel like they are in a restaurant. And I don't think that has been accomplished yet. And I think until that is accomplished, you know, I really can't support any additions that make this bar much more like a bar and a night club than a restaurant. I just don't support that. Mr. Farano - The only thing I can respond to that is that the restaurant that you have pointed out appears to be more of a restaurant than the entertainment. But there are several facilities around the City that have restaurant service of food with - Commissioner Henninger -Well, one of them - we talked to one of them we talked about last week, of course was -someone help me with the name -the one up in Anaheim Hills - Foxfire - which ffyou walk into tl~e Foxfire that is pretty clearly a restaurant when you walk in and I said last week and I sort of surprised myself when I said it, that Iwould - I certainly would support that sort of activity at this -your location. And I'd still support that. But I don't believe that that's what you are proposing. Um And I don't think that you can propose something like the Foxfire if you insist on maintaining the current methods of operation out there. It's just not something that you get a good crowd in a restaurant when you have that other thing going on here. Commissioner Messe - Is Mr. De Carion still here? He testified that -. Mr. Farano - I believe he left. Commissioner Messe - I may date myself, but I - in the thirties and forties there used to be night clubs and you could go there to a dinner, cocktails, you could sit of definft on in our Codes, is that entertainment, and we - !et me ask again - we have no such type rorrect? Maybe that's something we should . Commissioner Henninger - No, I think we do - I think that's like a bar with entertainment. Commissioner Messe -and have dinner. Commissioner Henninger - I think you could do that. You could probably do that -you could probably even do that with a restaurant with entertainment, and limagine -you know, that's not what's being proposed here today, though. Commissioner Messe - No, No. - I was just curious about it. Mr. Farano -What we are proposing to be able to have. -30- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Seplart~er 18,1 Commissioner Messe -and have cover charges. Commissioner Henninger -yes, and I think ff we had a proposal 11ke that, we might consider that favorably. Commissioner Messe - I have no more questions. ACTION: Approved Negative Declaration Denied Condftional Use Permit No. 3788 VOTE: 6-0 (Commissioner Boydstun absent) 5 minute break -31- Sgierri~er 18c i9~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Previously Approved) Approved 5a. CEOA NEGATIVE DECLARATION ( Approved 5b. CONDITIONAL USE PERMIT N0.3690 (Readvertised) amendment to condftions of OWNER: LARRY ARMOUR COMPANY, Attn: Larry Armour, approval P.O. Box 1214, Tustin, CA 92681 AGENT: JOHN SCHWARTZ, 5841 Wamer Ave., Huntington Beach, CA 92649 LOCATION: 2731 West Uncoln Avenue. Property is approximately 0.51 acre `oocamed i n~99 feet east of the Lincoln Avenue and app Y centerline of Syracuse Street. Petitioner requests modification of conditions of approval perta'ning to freestanding signage for apreviously-approved automotive lubrication and tune-up facility and coin-operated car wash facility. Continued from the September 6, 1995 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-113 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None John Schwartz, 5022 Lincoln, Cypress, stated his request was for a freestanding sign at 2731 W.Lincoln, and this item was continued from the meeting of September 6, 1995. At the request of Commission at that meeting he has submitted new plans for the sign which will now have two poles and be tower than initially requested and will match the trice on the building. Chairwoman Mayer asked ff there was anyone else here to address this item. She then pointed out that she has 1lstened to the tapes on this issue as well. Gommissioner Henninger said that the applicant has provided plans that reflect what Commission asked for at the last meeting. Commissioner Messe asked if the applicant would consider lowering the sign to nine feet ftom eleven. wou dn~e every hardtto jump and pu sand do something to theesignisln talking with the Planning nd it ~ -32- se{iart~er f:~ ~se6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, l ): Department, eighteen feet is really low for a freestanding sign, and it is not that high. Commissioner Messe indicated he understood the applicant's point and was willing to go along with the height as stated on the plans. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved amendment to the conditions of approval of Conditional Use Permit No. 3690. Amended Condition Nos. 6 and 9 of Resolution No. PC94-79 to read as follows: "6. That the freestanding signage for subject facility shall be limited to the signage shown on Revision No. 1 of Exhibit No. 3." "9. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. t, 2, and Revision No. 1 of Exhibit No. 3." VOTE: 6-0 (Commissioner Boydstun absent) ~3- Seliarber 1$1$ SUMMARY jACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, 6a. CE(iA EXEMPTION SECTION 15061 (b) (31 6b. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY N0.85-01 OWNER: FIESTA MIXICAN MARKET, 1221 S. Anaheim Blvd., Anaheim, CA 92803 AGENT: ESTHER DUFFY KASCLE, ATTORNEY AT LAW, 3481 La Sombra DrNe, Los Angeles, CA 90068 Concurred Determined that the sale of beer and wine for off premises consumption is appropriate at this location LOCATION: 1221 oath Anaheim Boulevard (Fiesta Mex~ Market Property is approximately 4.0 acres located at the southwest comer of Anaheim Boulevard and Ball Road. Petitioner requests determination of public convenience or necessity for an alcoholic beverage control license to permit the sale of beer and wine for off premises consumption at a supermarket. RESOLUTION N0. PC95-114 i FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Leyda Bequer, applicant, stated that she and her husband are opening a supermarket at 1221 S. Anaheim Boulevard, and they are requesting approval for a license for beer and wine off-premises consumption. They have conditions by the Police Department and the staff which they have no theb would I ke t make that eight a m i for some ofrthef esiden P who may want to comeoto tthe sto end Y earUer. Commissioner Messe stated that their plan of operation was to open at seven, and sug,;ested thai maybe they would want those hours to start at seven a.m. until closing time of ten p.m. Ms. Bequer agreed with that suggestion, Monday through Sunday, seven days a week. Commissioner Messe stated that Condition No. 1 on page 3 should read like that. -34- Sgiember 1f3, ise5 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Commissioner Bostwick said he had a question regarding the fixing up of the parking lot and exterior otherthan'the painting. ot. She thinks that they arepputting is nds in thee panrking of with somles h bs or~trees, etc. the parking would beigreatBand ipartiCUlarlly at he drNeways so ait least they wou dlbe kfe tifiedsome landscaping Ms. Bequer agreed. She stated that they are getting the plans ready to submit, but right now they are just starting to paint and they are having a problem with huge trucks just parking all over the place. They have to put a stop to that somehow. Commissioner Messe said that that parking lot has been a public storage ir.•t for many years. Ms. Bequer agreed that is bad and also there is a problem with pigeons. Commissioner Bristol asked when they planned to open. Ms. Bequer said they originally planned to open Novamber 1st, but she thought ft might be by the middle of December. Selma Mann asked that the categorical exemption status be accepted by motion, and that in the future, she would like for the Commission to go ahead and do it by c~otion rather than having no action at all when there is a categorical exemption. Commissioner Peraza offered Resolution No. 95-114 determined that the request is appropriate at this location. Commissioner Henninger stated that they were g~~ing to change the hours of operation, and was informed that they were changed to be from seven a.m. to ten p.m. ACTION: Determined that the sale of beer and wine for off premises consumption at this location is appropriate based on the following findings: The public convenience or necessity would be served by the issuance of the requested license for the following reasons: (a) That subject business would serve as a local public convenience since it is the only full servi :e grocery market within the area and would provide an opportunity for area residents to purchase beer and wine while meeting their other grocery s upping needs. -35- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Sep1eR#~er 18,1986 r e (b) GNen the overall size and scope of the grocery store, the sale of beer and wine would appear to be a minor aspect of the overall bs~siness operation. (c) That subject building was originally operated as a grocery market (induding alcohol sales) and was not a deMmsnt to the surrounding area. (d) What the business will be open between the hours of 7:00 a.m. to 10:00 p.m. It~od;tied Condition No. 1 to read sus fN'~+ws: 1. Sales cif alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 10:W p.m., raven (~ days a week. VOTE: 6-0 (Commis;~loner Boydstun sbsent) Selma Mann, Cisnuty City Attorney, presertied the 22 day appeal rights. Commissioner Bost~',ck welcomed the -applicants and wished them good luck. -36- Sgigrrl~2r 1$19 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, 7a. CECiA EXEMPTION SECTION 15081(b) Concurred patermine that 7b. DETERMINATION OF PUBLIC CONVENIENCE the sale of beer OR NECESSITY N0.55-02 and wine for off OWNER: TEXACO REFINING AND MARKETING, Attn: Doug Elston, premises consum lion is P.O. Box 7812 Universal City, CA 91608-7812 appropriate at ~ ~eON~ T this location Boulevard Pla AGENT: A W ~ephen Jamieson~426 Culver Rey, CA 90293 LOCATION: 9080 East La Palma Avenue (Texaco Service Station). Property is approximately 0.76 acre located at the southwest comer of La Palma Avenue and Kraemer Boulevard. Petitioner requests determination of public convenience or necessity jor an alcoholic beverage control license to permit the sale of beer and wine for off-premises consumption at a convenience market/gas station. RESOLUTION N0. PC95-115 ' FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke in opposition Stephen Jamieson, attorney, present on behalf of the applicant, Mel Roberts Texaco, explained he had appeared before this body and the City Council in November of t994, and again in they did grant the project at January of 1995, on the same project. As Commission is aware, that time. Unfortunately as a result of a change in the state laroximatel ir325 signatures, and he in now. They provided to the Commission a petition with app Y thought there may ;gave been about 700 signatures, but that he hasn't looked at it again since January. They clearly do provide the public convenience and necessity. He referred to a colored xerox of what is being built there, and also mentioned ff1i995i and the lapplicant has scheduled to be complete and open it's doors on December 1, spent about $1.4 million dollars. He added they hope to have ft open and selling the beer and were imposed inpJan~uary f 1995 rand the olonditions thatra e p oposedkwithlthis staff BiP rtthat Richard Alverez stated he represents some property owners in the area as a property manager, and. that he is against letting them sell beer and wine at these premises. He stated the type of -37- se~a„b~r »~ ~se5 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, :j clientele that may show up to buy beer and wine there may create a bad element for the area. As well, ff they are thinking of selling ft during the a.m. hours, he doesn't think they need people buying as early as necessary, as well, there are other outlets In the area to purchase alcohol. He stated me question that he really has is only for the sale wfth off-sfte consumption, and he questions whc is going to bb there to pdice them to make sure that they don't drink the alcohol on the sfte as well as maybe the adjoining industrial buildings in the area. In the evening time most of the businesses are closed in that area and what he is worried about is people buying alcohol there and going into the industrial areas, parking, drinking, throwing them in the trash bins, etc. Most Importantly, although, he is concerned about the people who may be drinking there, he is also concerned that when they buy their gas and beer, and then they get into their car, and they open up a beer on the way home and dank ft. He was sure that the City wouldn't want to promote people drinking and driving. He also thinks that ft is against the mission statement of the City of Anaheim . The Cfty of Anaheim mission statement is to provide the leadership and service necessary to make Anaheim a qualfty place in which to I'nrace for Iiv e play. He did not think the sale of alcohd in that area would promote a qualfty p As well, this area is micro-defined as a Redevelopment area, and the Redevs~npment goal is to revitalize a blighted area and encourage new business. He asked how selling ai;.ohd is going to revtalize an area and he has great conrems about that He added finally, the Redevelopment Agency staff indicated to him that they have pegged that area for redevelopment to encourage a first class industrial area and he surely did not think that the sale of alcohol at this premises will meet the criteria of Improving the industrial area to first class rate. Stephen Jamieson, agent for the applicant, stated while the gentleman who just spoke may have `" some interesting points, he wanted to remind the Commission that these were all issues they went through in great detail when we got the condtional use permit. During that process, all of these issues were dealt wfth hem for ftern. They went over ft wfth the Police Department, and indeed, at the conclusion of They came up with a number of condtions that they agreed to and, the process before the Cfty Council whenz they achieved final approval for the conditional use permft allowing them to not only revitalize this service station, but also to allow the sale of beer and wine. He stated the Poice Department asked this applicant to sign a document stating that they would agrae with all of those condftions having to do with hours, no sign 9latendace and a various things that are •aquired to make sure that this is going to be an app p pl based upon the signing of beautfful location and run well. At that time, the Police Department, those conditions, withdrew the protest they had previously lodged wfth the Department of Alcoholic Beverage Contrd. Therefore, the City would have no further oPThe i had either 325 or before the Commission today is simply public convenience or necessity. y 700 signatures. He referred to n gentlemen before the Commission during the condtional use permit process whc, indicated the public convenience and necessity and they believe that the record before the Commission provides the basis to tied the public convenience or necessity as indicated in the recommendatio~~s of staff and they urge the Commission to please adopt those -38- $eplenl~a 1Q 19e6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, recommendations and allow this project to be completed. THE PUBLIC HEARING WAS CLOSED. Jonathan Borrego, Senior Planner, referred to page 3 of the staff report, and stated that the recommendation of the City Attomey, paragraph number one, should be stricken. Also, Condition No. 3, on page 4, should be modffied to read that the records which indicate the percentage of alcohd being sold at the facility be available to inspection by either the Code Enforcement or Pdice Departmen? staff. Selma Mann, Deputy City Attomey, clarified that item one on the recommendation (s mis-stated v~hen it indicates that the applicants premises is not located in a a~gtion for aelicense ff theon of such licenses. State law provides that the ABC will deny an appl issuance of the license would either 1) tend to create a law enforcement problem and 2) result or add to an undue concentration of licenses, unless there is a determination of public convenience or necessity. If there weren't one or the other of those, this proceeding woul9n't be necessary at all. Because there is such a low population in the area, there is a finding of undue concentration and that is the reason that this is before the Commission and then it is appropriate. In view of that, to go ahead and make the determination ff the Planning Commission determines there is public convenience or necessity. Commissioner Messe stated that ff their findings include paragraphs 2 and 3 in the recommendation on page 3, and that paragraph 2 should show that the C'dy Crwncil and Planning Commission previously granted a CUP for this operation. The paragraph is a little would like o see paragraph 3csbe st cken frodm to tfindings~elatNett et is vote. eN~ ~~ler, he Commissioner Messe moved that this action is exempt from CEQA Section 15061 (b) (3). Seconded and passed. Commissioner Messe offered resolution No. PC95-115 determining that the sale of beer and wine for off premises consumption is appropriate atet4lof thetstaffWeportndings changed on page 3 of the staff report and with the conditions on pag Passed - 6 yes votes ACTION: aPP~opiriatehattthis locaetionbbased on the followingemises consumption is 1. The Anaheim City Council and Planning Commission have previously granted a conditional use permit for this operation, subject to certain conditions, for the retail sale of beer and wine for off-premises consumption in conjunction with a convenience market and gasdine service station -39- September t8,1se6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, operated on the premises. 2. The public corn~enience or necessity would be serviced by the issuance of the requested license for the fdlowing reasons: (a) Convenience markets at gasoline service stations offer an alternative to supermarkets for customers desiring to make quick purchases of grocery and related ftems Qncluding beer and wine); (b) Other equally corrvenient alternatives for the purchase of beer and wine for off-premise consumption are not currently available in the area. Modified Condftion No. 3 to read as follows: 3. That the quarterly gross sales of alcoholic beverages shall not exceed ten percent (1096) of the gross sales of food or other commodities during the same period. Records of gross sales shall be available for inspection by Code Enforcement and Police Departmer•.i staff. VOTE: fi-0 (Boydstun absent) Selma Mann, Deputy City Attorney, presented the 22-day appeal rights.. -40- ~,~ 1$ ise5 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, ~, ~ rcne Nr:GATVE DECLARATION Sb. WAIVER OF CODE REGIUIREMENT 8c. CONDITIONAL USE PERMIT N0.3784 Continued to October 2, 1995 OWNER: JEFFREY GRADLOW, 10577 Wilkins Avenue, Los Angelus, CA 90024 AGENT: GENE MITCHELL, 624 S. Grand Avenue, #900, Los Angeles, CA 90017 LOCATION: 'O'° West Ball Road. Property is approximately 1.36 acres located on the north side of Ball Road and approximately 130 feet west of the centerline of Gaymont Drive. To perms! an SO-foot high cellular communications tower with waiver of minimum structural setback. Continued from the September 6, 1995 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the October 2, 1995 Pthe hei h~andi ovation ofithein order for the applicant to complete plans to modify 9 antenna and to provide line of sight drawings for the proposed cellular tower and equipment shelter. VOTE: 6-0 (Commissioner Boydstun absent) -41- Sep>r~rtxr 1f; 19~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Approved 9a. CEOA NEGATNE DECLARATION Approved 9b. WAIVER OF CODE REQUIREMENT Granted 9c. CONDITIONAL USE PERMIT N0.3789 OWNER: Mown (Center DriveN # OR, Laguna Niguel CA ~ 92677 AGENT: AIR TOUCH CELLULAR, Attn: Eric Meurs, P.O. BOX 19707, Irvine, CA 92713 LOCATION: 2711 East Corn treet. Property is approximately 0.15 acre located at the northwest terminus of Coronado Street and abutting the east side on the 57 Freeway and having a frontage of approximately 55 feet ooxhmatelrt 10180 feeCwest of the Street and located app Y centerline of Blue Gum Street. To permit a 76-foot high cellular monopole tower and accessory equipment room with waiver of minimum structural setback abutting a freeway right-of-way. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-116 ------------------------------------ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Eric Meurs, Air Touch Cellular agent for the owner, 3 Park Plaza, Irvine, CA, 92714, thanked staff for their efforts and cooperation in processing their application. They are proposing a 60-foot high mono-pole antenna to be used in conjunction with the cellular system that they currently operate in the Greater L.os Angeles Area. This wil! enable them to enhance their service in this area to the great numf~er of subscribers that continue to come on line for service. They want to keep up with those requests for service. Mr. Meurs continued that their service is becoming more of a tool used by many businesses, as well as for the ganeral public and not just something for the elite few. This site would definitely help them keep up with their requests and quality of service they want to provide. -42- se~rrtxi t8,19B6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Commissioner Messe asked Mr. Meurs what are their lntentlons, noting the Fans show a very nice landscaping plan. He complimented Mr. Meurs and added he thought this is a very good spot for what they want to do, and he doesn't say that about every time he appears in ftont of Commission. He continued by asking what their plans were for the area in ftont of the landscaping that faces onto the circle at Coronado? Commissioner Bostwick darified ftom the gate to the street. Mr. Meurs said he thought h was to be Just cleared but they could provide landscaping in that area as well. It wasn't something that they had really addressed. In response to Commissioner Messe's statement that it wns just weeds right now, Mr. Meurs stated that it was going to be cleared. As a matter of fact, they have worked it out with the land owner to provkle weed abatement on the entire parcel, not just the portion that they are leasing, just because it is such a small parcel and as part of the cleanup e,~~+~~ ^F thatr own piece that they are leasing, that they would just go ahead and clean up the whole lot. In response to a second question from Commissioner Messe, Mr. Meurs said that they could provide turf in there. Chairwoman Mayer asked if there were any other questions. ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3789 with the following added condition: `~- line shall be That the area between the fenced enclosure and the front property ' landscaped and irrigated. VOTE: 6.0 (Commissioner Boydstun absent) Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. -43- Seplariver 1f3,19l~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, t; 10a. CEQA NEGATIVE DECLARATION 10b. VARIANCE N0. 4278 OWNER: CITADEL APARTMENTS, A CALIFORNIA GENERAL PARTNERSHIP, 433 N. Camden Drive, 12th Floor, Beverly Hills, CA 90210 AGENT: WESTERN TECHNICAL SERVICES, 1550 S. Sunkist, Suite "J', Anaheim, CA 92806 LOCATION: 150 South Magnolia Avenue (Citadel Apartments). Property is approximately 4.59 acres located on the east side of Magnolia Avenue and approximately 333 feet north of the centerline of Broadway. Waiver of permitted accessory uses and structures and maximum structural height to construct a 42-foot high microwave dish antenna. VARIANCE RESOLUTION N0. ... FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSIONi ACTION. OPPOSITION: None Continued to October 2, 1995 Bob Jordan, Western Technical Services, Anaheim CA, agent for the property owner, rosident of 602 S. Hilda, explained they are proposing amono-pole type of installation similar to what celluiar does, only on a smaller scale for an apartment complex to provide cable television service for the residents; an alternative cable to the franchise cable that is available right pow throughout the city. He stated he was new at this and didn't know exactly how the process works, but that he is available to answer questions and possibly give some information as to the technology that is coming of age right now. He indicated that he has been in many cities in the county and across the country to seek permits for this installation, and nobody knows where to put them with the Code Issue. Right now they have permits in other California cities. He explained the problem that he found with this is that he needs to get it up in the air; that the technology requires a clear line of site between his two antennas that transmit and receNe. Unfortunately, that property is not very tall. The paperwork that he has that came back from the City shows that the tallest area on the property is a 35-foot peak and that seems accurate with what he found at the site, and that's probably where they came up with that number. This is a very atypical 30-year old apartment complex with flat roofs which aye approximately 20-22 feet -44- SUMMARY/ACTION AGENDA, ANAHEIM CITY PUINNING COMMISSION, Seriar~ber 1a 1986 high. The trees and buildings in the area exceed that and in order to get the line of site he needs, he can't do ft from a roof top. He needs to get up to at least 40 feet to provide the sorvice. The Code states that a satellite dish antenna cannot exceed i2 feet off the ground. He does have an option and that is to put in three 10 -15 foot satellite antennas on the ground rather than the one 40 feet high. That would allow him to stay within the Code and keep that low prorlle, but he has to install three large antennas as opposed to one amalennas in order to addition to the three large antennas, ha would have to install yaggy type get the signals off of Mr. Wilson, and these antennas are large; than the microwave antenna. He believes that this is a more unsightly type of installation, but ft's what's required. The technology today is ever changing in this industry and is changing so fast that the people who are actnrely involved in the Industry have a tough time keeping up. There will very soon be some dramatic changes in television and there is a new product out made by RCA and Hughes and Sony, that's a private 18-inch satellite dish. That's going to become more of an issue as well. Those will go up everywhere, especially in apartment complexes and elsewhere. What he understands from the ra^. ommended denial is that ft is a round antenna; and if he had an antenna that was any other shape -square, grid type - ft would fall within code. Maybe he has misunderstood that. He stated at the staff meeting he had nobody ask him any questions with regard to the operation or ff there is anything he could do to change things to posr!bly conceal ft or do more. They are willing to do more but the things that he cannot change are the looks of the antenna or the minimum height that is required. "~ Commissioner Messe asked about the source of the signal. Mr. Jordan responded that the source of the signal is head end similar to what he described as satellite antennas. The signal comes from the Marriott Hotet. In response to the question whether he could change his source, Mr. Jordan stated ft was possible that in the future ft can change. Right now that head end is abottc a $100,000.00 Investment, so with the growth of this product, ft could change next week. There could be another :,pportunity close by. Part of his company's obligation to their customer is to look for other sWutions and what will probably happen is that 'rf they can't get permitting issues taken care of in this city, the business will go away from the City. Chairvroman Mayer explained the procedure for this hearing is that the Commission will take his input and then ask ff there is anyone else who has input; and then will give him a chance to respond, and then Commission will discu ~s ft. Mr. Jordan said if he can't do this, he has to put the multiple antennas on the ground. He referred to Item 16 and asked if there a Code allowance as far as the roof being 35 feet high, and if that says that he can be as high as the roof but he can't exceed ft. It says that he exceeds ft by 7 feet. -45- Sepbr,nba 18, 1996 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, ~` ~_) Commissioner Messe said that he thought that the question is probably that ff his building was two stories at 42 feet, then it would be ftne. Mr. Borrego saki the height really shouldn't be an issue in this. He thought that that statement was only in there to indicate that the maximum height is two stories; however, the maximum height of two stories isn't defined in the Code. Mr. Jordan stated that the other problem is that the Code says 12 feet from the ground for satellfte dish type of antennas, so there is not a good definition or split between one from the other. He stated other cities in the area do define it differently. Mr. Jordan stated the other issue was item 17 regarding line of sfte drawings, and he explained it is partially visible from Magnolia Avenue, but ff it was stepped two feet in one direction or the other, it could not be seen. The only clear line of sfte that can be seen without a whole lot of obstructions is from the south and that's because there is industrial or commercial property there. The other thing that can be done to help conceal h is that it could be painted to match the surroundings so that it does blend and it really does help to conceal i[. One other point is the roof top elevation and to build something on a roof top takes more structure typically to make something that's stable enough to hold the antenna up. Part of the technology requires that the antenna stay perfectly still, no movement at alt, anc! to get that type of structure without being able to set amono-pole in concrete requires athree-legged or four-legged type of a structure. He believed roof mounts are more unsightly that a single pole installation. He stated Item 19 discusses the Code, the modffication being granted, and what he understands this to mean is that ff other complexes are allowed this type of a product or privilege, that this request wouldn't be dented under the same restrictions. Other complexes have used an older technology and they have used 3 satellite dishes. It is a compeHo efull atdown the road the issue to allow them to do something that is a new technology. p Y. antenna sizes can be reduced even more. Technology has changed and made this available now. Everybody's rules have changed and that's why this is available now. He added there are no other entities, to his knowledge, which are providing this particular type of service in this same fashion within the City, ~o it cannot be compared to anything. Other cities in Southern Calffomia are allowing them to provide this service.. He added the site drawing does Indicate that the mono-pole has slaps on it and there was an issue regarding t'he safety ar~d concern for unauthorized people to be able to climb on h and have access to it. He explained it is not a problem to remove the steps. The equipment can be serviced from a bucket truck in that situation. Regarding fencing, he is trying to make it as less sightly as possible and it is his determination to not put up a fence that might draw more attention to it and make it more than it is. If the City wants them to put a fence up, they would be more than happy to do that. -46- Septettt~er 1Q 1~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Commissioner Messe asked ff there is any sway on that mono-pole. ,Mr. Jordan replied that the sway on the mono-pole is approximately less than a degree which keeps them wfthln their tolerance. Chairwoman Mayer asked staff about the applicants reference to using three smaller units versus the one. Mr. Borrego replied that ff he were using three smaller units, it would actually be permitted as a matter of right. in response to Commissioner Messe's question as to the meaning, Mr. Borrego said 'ground mounted satellite dishes". He explained there are provisions in'tie code which allow ground mounted satellite dishes as a matter of right, provided that they are no higher than 12 feet in height and that they are screened from the public right of way, as well. Reflecting back on what the applicant said, he couldn't think of any that the City has done that involved the microwave technology; however, he did live in an apartment complex in Anaheim at one time that did have the satellite dish setup and they did have an independent cable service wi4h three satellite dishes in the rear of the property. Commissioner Messe asked Mr. Jordan ff the reason for three satellit~+ dishes was one for Mt yJilson and two for satellites. Mr. Jordan said that satellite programming is premium programming, ESPN, HBO that type of programming that doesn't originate in the local area. Commissioner Messe asked again ff he needed one to pick up the satellite. Mr. Jordan said there era multiple satellites. Commissioner Messe asked why they need three satellite dishes? Mr. Jordan said in order to compete with local cable, they have to provide a certain amount of programming; otherwise, nobody is going to be interested in it. In order to c~iiect all that programming (s a necessity. He added there is an eight foot Andrew microwave antenna on the parking structure on the back of the complex here. He didn't know ff that would give Commission any kind of a reference as to what this would look like. That's an eight foot antenna and they are proposing six feet which is considerably smaller. Also, with the type installation that is there, you see a lot of the installation compared with what you would see with just a single pole. He added also he does see HAid towers in residential neighborhoods ail over the place and referred to several. Commissioner Bostwick asked ff the applicant could use the new CiSSS technology to provide ~7- Sgiari~r' 1$ 1se6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, the same service. He added that satellite gives all that programming. Mr. Jordan answered that thabout ff bein II here~it is not 100% perf~ed. t is digital, and that although they are all happy 9 Commissioner Bristd asked ff they are 42 feet high, it looks like their sight line from the Marriott is unobstructed and asked ff it could be IowerQd7 Mr. Jordan responded that is correct and that as a part of their business, Western Technical Services, is to provide engineering for this type of installation for countless numbers of operators within this state. All the television networks downtown use their services to do this. He stated at this point they were unable to find anyplace else on the property that would get it that low. That is the absolute lowest they can go and have a path that has to be basically a 99.9996 proven path. Obviously we don't vuant it to fail. The short answer to that is no, he can't get it any lower. Selma Mann, City Attorney's office, stated that the Cff'~r had requested that somebody from the City who had technical expertise to address some of these Issues. Unfortunately, we've not been able to get anyone to come and speak to tho Commission on this. There are some fairly extensive on-going meetings throughout the City just dealing with telecommunications issues in general, so it may be something that the commission wishes to hear about prior to making a final de,:ision. She added she understands that Mr. Vishwa Tiwari in the Utilties Department is the principal Telecommunications Engineer and it may be that his input may be useful to the __ Commission. Commissioner Messe stated this is the first application of this type that has come before the Commission, and that he would personally fees more comfortable hearing from somebody from our Utilities Department who has overseen some of this before. He asked ff Mr. Jordan would consider a two week continuance. Mr. Jordan said probably not. He would like to offer his company's expertise, but he did not know ff he can, as a volunteer, offer their services in the future for otfoer projects. This is going to be an on-going situation. Their company also maintains microwave systems for the :.ity of Anaheim. Their client Ilst is quite long and they are the experts in this field in this area. Commissioner Bostwick added that Mr. Jordan :ould appreciate the Commission's concern; that the City of Anaheim is on an extensive project of undergrounding the utilities and getting rid of all the unsightly power poles throughout the City. This request now is to start putting up mono- poles with antennas stuck all over them, the cellular towers are already are a problem for the City and there have been many discussions as to where they go and why and how come. We approved one earlier in a commercial area where it's along side a freeway and not surrow~ding precedentand~ t they aretgoing to needtt emake differen lchanges ahnd peopleswilibe coming -0t3- seli~rt~er 18, ise5 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, back and saying that someone else got approval and they dkl not and ask wh;: He stated Commission would appreciate Mr. Jordan's tolerance in allowing them to gnat some expertise and some help on this and make sure that our decision is proper. Commissioner Henninger suggested that they should go ahead and continue it for two weeks. Mr. Jordan said that Don Unruh, Traffic Management Cetrter, he thought he works for the City, and he is familiar with this technology and might be able to lend some insight. Commissioner Masse asked ff the applicant would like to have a two or four week continuance. After a short discussion Commission Masse moved for a two week continuance to October 2, 1995. Motion was seconded and passed. ie was nriied this matter would be agendized for the next meeting but no notice will be sent, and that it will be one of the first items on the agenda that day because it is a continued Item. Chairwoman Mayer statert that both she and Commissioner Boydstun serve on the Telecommunications Committee and there is a lot of resource information that will be provided to the Commission shortly, but that this f nformation would be an excellent reference point. ACTION: ardor for~the Planning Commissio0n to get addi9t onali information fror^ithe Publicg in Utilities staff. VOTE; 6-0 (Commissioner Boydstun absent) -49- Se{~rba' 1$19 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, ;1a. CEf~A NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Continued to October 2, 1995 11 b. OC NDITIQN,4L USE PERMIT N0.3454 (READVERTISED) OWNER: HYRAIL PARTNERS 2, Attn: Lance D. Alworth and Josie Miller, 990 Highland Drive, Ste. 300, Solana Beach, CA 92075 LOCATION: 155 South Adams Street. Property is approximately 3.3 acres located on the north side of Broadway at the southerly terminus of Adams Street. Petitioner requests readvertisement of Condoval pertainP 9 ff Number 3454 to amend a condition of app permitted freestanding signage. CONDITIONAL USE PERMIT RESOLUTION N0. --------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION, OPPOSITION: None ACTION: Continued subject request to the October 2, 1995 Planning Commission meeting in order for the petitioner to further discuss the sign design wltti Redevelopment Agency staff. VOTE: 6-0 (Commissioner Boydstun absent) -50- Sepoerrt~er 1$19~i SU~JIMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, 12a. CEQA MITIGATED NEGATIVE DECLARATION (Previously Approved) Approved Approved extension 12b. CONDITIONAL USE PERMIT N0.3254 (Readvertised) pf time (to expire OWNER: ManNagRAl~1 E RI4th Street Oakland, CAer~gion EHS August 18, 2003) ~~ LOCATION: '~91 East La Palma Avenue (Ge~ral Electric). Property is approximately 6.33 acres located on the north side of La Palma Avenue and approximately 905 feet west of the centerline of Tustin Avenue. To approve an extension of time to retain apoly-chlorinated biphenyl (PCB) processing, treatment and storage facility. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-117 ---------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Tracey Miller, General Electric Company, stated that they are requesting an extension of time to retain the poly-chlorinated biphenyl processing, treatment and storage facil'dy at 3601 E. La Palma Avenue. She stated that the permit was originally granted in April of 1990 for a period of f'Ne years and they have operated per that permit; there have been ro changes to the operations at this facility which is to repair and refurbish industrial and utility electrical equipment and that Includes PCB equipment. They are also under permit by the Department of Toxic Substances Control, Region Four in Long Beach, which expires August 18, 2003. They are requesting that this extension of time expire at that same date. Commissioner Messe said just that one correction on page 4, item 20c we should add "from outside sources shall not be a part of the permitted operations". ACTION: Determined that the previously approved mitigated negatNe declaration is adequate to serve as the required environmental documentation for subject request. Approved an eight (8) year extension of time for Conditional Use Permit No. -51- ,` Se(3ar1~X 18,1985 SUMMARY/ACTION AGENDA, ANAHEIM CITY PUWNING COMMISSION, 3254 to expire August 1;: 2003. Added tlhe following c~ondftion: That they commercial treatment and storage of PCB materials from outside sources shall not be a part of the permitted operations. VOTE: 6-0 (Commissioner Boydstun absent) -52- Se{iprrt~er 1$1~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, 13a. 1CEl;TA NEGATIVE DECLARATION 13b. RECLASSIFIC~4TdON NO 95-9Cr01 OWNER: JAMES E. and ADRIANNE M. JONES, 9870 Cinch Ring Lane, Alta Loma, CA 91737 AGENT: GARY MASCIEL, P.0 Box 4241, Anaheim, CA 92801 LOCATION: 423 and 427 South Lemon Street. Property is approximately 0.14 acre local roximatelw50 feet north Lemon Street aril located app Y of the centerline of Santa Ana Street. Petitioner requests reclsssiflcation of the subject property from the CG (Commercial, General) Zone to the RM-1200 (Residential, Multiple-Farnily) Zone. RECLASSIFICATION RESOLUTION NO. P~18 Approved Granted, unconditionally --------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Jonathan Borrego, staff, said that the ape Ilate anorova if thattsat ss'b e. hHowever~, 'rf because of another engagement and would app PP p° Commission has any concerns, a continuance wo~Jld be acceptable. Chairwoman Mayer asked for Commissions decision. Commissioner Messe asked if this is approved that means that the present buildingwhi hl s 0.14 taken down and an RM-1200 -how many units could go on that piece of property acre and noted it is just four and asked ff they could Just double that. Commissioner Henninger added that after the setbacks and parking raquiremAnts are met, they probably couldn't get four units on that site. Mr. Borrego stated that they would be lucky to get three based on his experience with these standards. -53- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Seliari~a ~$ tse5 ( i Commissioner Messe asked staff to bring to Commission a recommendation on the possible reclassffication of those parcels to the west which now become slot zoned -the PDC and CG. ACTION: Approved Negative Declaration Granted Redassiflcatlon No. 95-96-01, unconditionally Requested that staff agendize a possible reclassification of the properties located to the west of subject property which are currently zoned CG and PD-C. VOTE: S-0 (Commissioner Boydstun absent) -54- t Se{ien'ber if3,19~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, 14a. ~CEQA NEGATIVE DECLARATION (Previously Approved) 14b. VARIANCE N .404'. (Readvertised) OWNER: lLeMvneV320 PineUAvenueRLongE6 Bch/Caa90802 yellie Approved Approved amend- ment to conditions of approval AGENT: THE HOME DEPOT, Attn: Jim Lyons, l he Flome Depot, 60i S. Placentia Avenue Fullerton, CA 92631; Tamers Schippers Santoni, C/0 Greenberg Farrow Archtecture, 17941 Fftch. Road„ 2nd Floor, Irvine, CA 92714 LOCATION: 2300 West Lincoln Avenue (The Home Depot). Property is approximately 9.1 acres located on the south side of Un;.uin Avenue and located approximately 655 feet east of the centerline of Gilbert Street and further described as 2300 West Uncotn Avenue (fhe Home Depot). Petftioner requests modification or deletion of a condition of approval pertaining to the Ilmftation of time to permft outdoor sKOrage and display of materials. VARIANCE RESOLUTION N0. PC95-119 FOLLO'~IIING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Tamers Santoni, Greenberg, Farrow Architecture, representing The Home Depot, stated they are permfttoutdoor~s orage and display offtmat rialspspecffpcalrly nCogdftion Nos 3t0 and 3me to She had questions on the conditions of approval and the first one is that a wall be built that was ft doesn't say what the materials for previously promised and has not yet been built; however, wall aslqu ckly as posshbleabut she would likego know wha~ft is that theypare supposed to be building. The second question is about the landscaping that is requited by that wall and where ft needs to -55- i SUMMARY/ACTION AGENDA, ANAHEIM CIN PIANNING COMMISSION, Seflari~a 18,19Ei6 be. Mostly she needs to find out more specifics on the plans as they were previously approved. Chairwoman Mayer asked if there was anyone else in the audience who wished to address this item. Staff was asked if they could answer Ms. SaMoni's questions. Jonathan Borrego, Senior Planner, stated that when the expansion to the outdoor storage area was approved in 1992, the plan that was submitted at that time by The Home Depot indicated that they were going to be building a block wall to screen the outdoor storage area. Code requires any block that is visible ftom the public right of way needs to be landscaped with typically clinging vines or a vine material in order to discourage graffiti. He hoped that answered her questions. Commissioner Messe stated that he wanted to clarify Just one thing. Since that time they have expanded their outdoor sales and storage to beyond where that storage was going to be. Now we might want that wall to be closer to Lincoln Avenue. Mr. Borrego said that would be fine with staff and that he could point that out on the plans. bring plansnback andnmake su a they don tae xpandrit out intothe tparkinglarea.~hould they not Ms. Murray Said they only sell sod there on weekends, Friday, Saturday and Sunday, currently, and the one gallon plants are out there. It's more for the convenience of their customers. They would much rather put ft inside because then they don't lose ft, but ft's much easier for a customer to drive up and for them to load their cars from there. She explained they also have cashiers located there during day-tight hours so they can get in and out quickly. Commissioner Messe said he understood and added ft wouldn't do any good to build the wail where ft shows on the plans now. He asked how long their lease was for at that location. Ms. Murray said their lease is for one mere year and they are currently hoping that the building would double in size, but ft's a very profitable building for The Home Depot because the rent is low, but they have bought more property in Anaheim. Commissioner Messe stated that there was probahly some room for expansion on this lot and Ms. Santoni said unfortunately there wasn't. It is a 9-acre site and Commissioner Messe responded that they were over-parked there but they shouldn't tell the Transpor!ation Manager. Ms. Santoni stated that now that she has seen the plan and gone over ft with Mr. Borrego she is clear on what is requested. She would like to propose that they do a screened fence that would be more similar !o the garden center fence which is masonry pilasters with chain link between for the vines to climb up. Because of the fact that they are nct going to be in that location much longer, they would like sor'nfihing that would mature quickly and they would like to keep -56- SEplerri~r 18, ise6 SUMMpRYJACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, the cost of construction to a minimum. If that would be acceptable to Commission. Mr. Borrego stated that as long as the fencing did have a mesh material for immediate screening and not have to wait for the vines to grow up. Commissioner Henninger suggested that Commission ask them to bring a revised plan back to the planning staff rrior to the construction. ACTION: sDerve asnthetrequired environmental documentation forasubject request, to to Approved aone-year extensf~n of time for Variance No. 4041. Amended Condition Nos. 30 and 31 of Resolution No. PC90-100 to read as follows: "30. That the new screen fence to the south of the proposed "outside display area" (shown on Revision No. 1 of Exhibit No. 1) shall be six (ti) feet high and landscaping shall he installed and maintained in front of said fence (facing Lincoln Avenue) for the propose of view-screening the outside display area from Lincoln Avenue, and such screen fence and landscaping shill be installed within s'~xtY (60) days from the date of this resolution. .`"" "31. That approval is granted for a period of three (3) years, to expire on August 24, 1998, for the outdoor storage or display of merchandise located outside the fenced enclosure area (outdoor garden center) only." Added the following conditions: That there shall be no outdoor storage or display of materials other than those materials to be contained within the outdoor sales areas shown on Revision No. 1 of Exhibft No. 1. That a final fence plan shall be submitted to the Zoning Division of the Planning Department for review and approval by staff. VOTE: 6-0 (Commissioner Boydstun absent) -57- ~l sq'mri~a 18,1se5 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Continued to 15a. CEQA NEGATIVE DECLARATION October 2, 1995 15b. CONDITIONAL USE PERMIT N0.3791 OWNER: CALIFORNIA DRIVE-IN THEATERS, INC., 120 N. Robertson Blvd., Los Angeles, CA 90048 AGENT: A. TERRANCE DICKENS, 120 N. Robertson E11vd., Los Angeles, CA 90048 LOCATION: 1520 North Lemon Street (Anaheim Drive-in/outdoor swa meet . Property is approximately 23.13 acres located at the southeast corner of Durst Street and Lemon Street. To permit an outdoor roller-hockey rink In conjunction with an existing outdoor swapmeet. CONDITIONAL USE PERMIT RESOLUTION NO. ------------------------------------- ~, FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the October 2, 1995 Planning Commission meeting in order for the petitioner to provide additional information regarding the proposed roller hockey facility and its operations. VOTE: 6-0 (Commissioner Boydstun absen~) ~ -58- ~. _: Se{,tari,a 1Et,19B6 SUMMARY/Al,'TION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Approved 16a. rEQA NEGATIVE DECLARATION Approved 16b. WAIVER FO_. CEDE REQUIREMENT G~rn~ 16c. CONDITIONAL USE PERMIT N0. 3790 OWPJER: DAVID S. COLLINS ~ MARION G. COLLINS, COLLINS FAMILY TRUST, 100 S. Anaheim Boulevard., Ste. 350, Anaheim, CA 92805; SUSAN COLLINS BERCHERS, 100 S. Anaheim Boulevard, Ste. 350, Anaheim, CA 92805 AGENT: STEPHEN R. SHELDON, 100 S. Anaheim Boulevard, Ste. #350, Anaheim, CA 92805 LOCATION: 1514 West Broadwav. Property is approximately 1.05 acres located at the southwest corner of Broadway and Adams Street. To permit a tree service contractor's storage yard wfth a modular office building with waiver of required screening of outdoor uses and minimum yard area abutting local street. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-120 ---------------------------------- FOLLOWiNG i A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: PJone Stephen Sheldon, 100 S. Anaheim Blvd., Anaheim, representing Bobby Gilbert, B & J Tree Service, stated their request is for a contractor's yard at 1514 W. Broadway. He stated the business helps to beautify the Ciry of Anaheim wfth his landscaping he}kwould I k~e~o stone permitted uses that are allowed far this particular piece of property, equipment there. He explained Mr. Gilbert wants to conduct his business in a respectful manner to his residential neighbors and adjoining businesses. There are some condominiums across the railroad tracks and staff has asked that he have 8-foot centers on the Italian Cypress trees, which really won't block the view from the second story of those condominiums of his use. He added he would 11ke to put 3-foot centers there so that ft really obstructs the view. So he is going beyond what is being asked. He mentioned this because he believes that there are some things that are being aske:i of him that are not necessary. There is a monument sign that thoy will work with as the signage; there is no composting there on the property; no sfte mulching -59- s tf3, ~~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, which is a very loud use and you take the trees and everything and chum them all up into mulch. He stated the first waiver they are asking for is the landscaped setback on Adam Street. The staff report indicates that is 355 feet and actually it Is 250 feet approximately. In 1970 the City abandoned 120 feet. If you look at Adams Street off of Broadway ft really seems to be an alley, not really a street. He has been going up and down Broadway past Peppertree Faire and he never noticed that Adams was even there. The condition is that he put five foot landscaped setback there which would stretch for 250 feet and that really is not something that is necessary for the use with the way that Adams Street is, so they are asking for a waiver. wan~to do~ua. a the tCV slatrthat rieaily completely screens the (property whitchtisebetter thatey what is being asked for in the Code. The other issues are the Italian Cypress trees. He referred to the use on the west side of the property along the railroad track where there are the condominiums. They want to put the a- foot centers going beyond what's asked of us which is 8-foot centers. Then the single family homes and condominiums cannot see Into the property and they can't see into their back yard, and all that can be seen is the top part of the single story homes. There is a 3-foot berm on the back and then a 6-foot fence, extending nine or ten feet up. You can see over and you can't see in. That fence is adequate to obstruct Mr. Gilbert's use. ~~ The other issue is the outside vehicle maintenance, which is one of the main reasons they are here for today. That was not allowed by right and they had to have a CUP for that. On the building they prefer to have some kind of a covering or awning, not a structure. Looking across Adams there is a diesel repair shop and they have an awning there that they use to do the work therfence around the front of the property and they feel tha~they have more than ssufficed from the noise and the view of the vehicle maintenance. Commissioner Messe asked regarding the operation of the business as it could be very sensitive to the reskfential zones to the west. He clarified that they are not going to sell fire wood, not even on occasion. He asked ff he came in and wanted a few pieces of wood, would they sell them to him and Mr. Sheldon said that the conditions said that there would be no retail sales of firewood. He further responded that they needed the sign to let people know about the business. He answered Commissioner Messe again that there was no retail sales going on the site. Commissioner Messe asked ff there was going to be any composting there aril Mr. Sheldon stated that there is no composting there. Commissioner Messe asked where do tney got rid of the materials that come in and Mr. Sheldon -ti0- S~plari~er t$ 1986 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, responded that they are stored on another property in Villa Park. Bobby Gilbert, owner of B & J Tree Service, explained they are a tree service, and they trim and remove trees. He is looking to store his equipment on this property and each day they go out and do the work off the sfte. They cut and trim trees; they chip and cut up ali the trees off the site completely. At the end of the day they will be coming back with trucks that are full of fire wood and they wiil dump the trucks there if need be, or they will go to his other yard. He has a yard in Santiago Canyon with about 400 cords of fire wood. They don't plan on storing a lot of firewood on that property, it's just a temporary basis. if a truck comes in with a quarter of a load of firewood and they need to get it out first thing the next moming for tree trimming, they need to dump that firewood off and take it out to the yard later on. They have roll-off containers that they use to pat firewood and chips i trulck to run out comes in at the end of the day with a little bit of chips and they need an empty to LA. or Riverside, they dump the chips on the ground and take a loader and put them in a container and then the containers go out full of chips later on. They will not be doing any chipping on the property, all chipping is done off the site. There will be no log splitting, no chains saws -all the wood will be cut up before K ever hits the yard. We're not looking for a place to be making any noise at all. Commissioner Messe clarified that there will be landscaped materials stored there temporarily for one or two days. ~ Chairwoman Messe asked about the single-story, single-family homes which could go up by right next to a two-story home. M'. Gilbert sakJ he did not know what the Code allowed. However, those homes are set far enough away from their back fence that standing in his yard he can't see the tops of their roofs. there.lThe main tissue is thehcondos ontthe comer right there They are two-s cry and so theys had proposed the Cypress trees. The City never mentioned Cypress trees to them and the Code says put a fence around it, and that's all they are required to do. He explained he wanted to put Italian Cypress trees there so that the people in the condos don't have to look at their trucks or anything that they would deem as unsightly. The C'dy then came back and said put in a wholerr~ treestherefH a will centers down the while line. That defeats the purfwse of putting Cyp put them as far as the condos can see, which he thinks is 120 feet, whatever is on the plans, to block out the sight from the condos. He'll pt~t them on 3-foot centers, completely solid. Italian Cypresses grow about 3 feet wide so on 3-foot centers, they'll grow completely sdki there to 30- 40 feet tall, and they will keep them topped off nice and the condos won't be able to see in there at all. Putting them past that distance is totally irrelevant and there is no need fr.,r k at all because no one can see anyway. -61- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, Seplariba 18,16 Coming down the street as far as they are going to be planted, coming down Broadway ff I put them 30 feet you couldn't see past that anyway because there is a block wall there. Commissioner Messe said he wasn't concerned about Broadway, but he was concerned about the homes fronting onto Gilbuck Drive. You can see them from this property. The other question was on-site maintenance of those trucks and asked what they are planning. Mr. Gilbert saki they were proposing to maintain the trucks in the far southwest comer and it is a long ways from the street. He thought it is 60 feet from the block wall of the houses because they are 30 feet off the center of the track, so there would be another 30 feet to the block wall of those houses; and Bleckers Diesel, a repair shop, is right next door. They are not going to make near as much noise as he is. In response to Commissioner Messe's question, he saki they are going to be doing any maintenance that the vehicles require. They do change tires occasionally, change an alternator, starter, whatever is required. Commissioner Henninger asked what hours would they be doing the mainte~~ance. The response was 8 to 5. He then asked, when he said they would be doing anything the trucks require, did that mean rebuilding an engine or anything 11ke that? The response was they do not rebuild engines. This would be light maintenance. Mr. Gilbert said that ff it was a noise issue, it is going to be right up against the railroad track and ft's going to make a lot less noise fuming wrenches than running a train down the tracks. Commissioner Bristol asked ff the fence on the east by Adams was chain link that's laying dawn most of the time, and ff that is at the same property line indicated on a plan. The response was yes. He then asked ff they were going to have any problem with their neighbor as it appears that the fence is getting hit by all the trucks on the next lot over, the oil company. Mr. Gilbert said that has not been maintained and they will put up a chain link fence there. Commissioner Bristol asked ff that was one of the reasons for a reluctance to put landscaping in there? Mr. Gilbert answered yes and stated Adams is basically an alley; that the last 120 feet was abandoned and it's on record as abandoned. It's used strictly for an alley for Bleckert's Diesel Repair and the oil company right behind it, and ft will be used for an entrance to his yard. Putting landscaping there wfth trucks coming by, ft's not going to last or look pretty with the trucks hitting the fence, they will surely be running over any landscaping there. We hope they won't be doing that once we move in. Commissioner Bristd asked ff the entry as shown on the plan is roughly where the trucks are on ~2- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, tQ f~6 ` -- the other side of the diesel oil company. Commissioner Messe asked ff the people on Gilbuck were notffied about this? Mr. Borrego said yes. Mr. Gilbert said everybody within a 300-foot radius was required to be noticed. Mr. Gilbert stated the City approves, apparently, a pole sign, but he has already decided that they will put up a monument sign to be more attractive to everybody. He will do a monument sign, not a pole sign. Mr. Borrego stated ff they are going to have shipping containers on the property, staff would like to figure out the maximum they would have at any given time and limit them to that number. Mr. Gilbert stated that three containers are on the plans and staff has allowed 4 and they will be used for storage and they will be on concrete dads. Mr. Borrego asked ff four would be the most they would have there and Mr. Gilbert Said yes. Commissioner Messe asked ff he knew that there was no storage above the fence line and Mr. Silbert said yes. '- ACTION: Approved Negative Declaration Approved Waiver of Crde Requirement Granted Conditional Use Permft with the following added conditions: That truck maintenance consisting of routine oil changes and tune-ups shall only take place from 8:00 a.m. to 5:00 p.m. That a maximum of four (4) shipping containers shall be maintained on site. That the proposed sign shall be limited to an 8-foot high monument sign with a maximum of 40-square foot signage area. VOTE: 6-0 (Commissioner Boydstun absent) ~ ~63- ~. seplariba~ 18, ise6 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, 17a. CEQA NE GATIVE DECLARATION Approved Approved 17b. WAIVER O F CODE REQUIREMENT Granted 170, CONDITIO NAL USE PERMIT N0.3792 OWNER: CLAUSEN ENTERPRISES, INC., 2795 W. Lincoln Ave., Unit F, Anaheim, CA 92801 AGENT: C,OonsDtrAuction HwyRC#7102, CapisNrano Beach, CA092672 LOCATION: 28ro5-2853 West Lincoln Avenue. Property is approximately 2.3 acres located oximately h~sid~ west Lincoln Avenue and located app of the centerline of Dale Street. To permit aself-storage facility in conjunction with an existing commercial retail center with waiver of minimum structural setback and minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC95-121 -------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Auriel Valli, Jordan Valli Architects, architects and designers for this project stated that he was here to answer whatever questions Commission may have. They believe that this project is an improvement to this part of the City. He asked if they could get rewording on Condition No. 5 and explained he reviewed the conditions wfth the owner this morning and was informed that these Shakey's take-out facilities have a limited amount of seating inside and he would 11ke to ask to have the condition reworded to allow a minimum amount of seating, as long as they do not exceed the parking for the site. Jonathan Borrego, Senior Planner, Indicated that the way that the parking ordinance is written, he thinks that they can have up to ten seats and still be parked at the typical retail requirements and that would be fine with staff. Mr. Valli asked ff the way Condtion No. 5 is stated, "take out facilities only" will not limit them to no seating but to a limited amount of seating, 10 seats or less. Mr. Borrego, staff, said they would ciar~fy that condtion to reflect what the Code reads, which allows up to ten seats. -64- SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION, ~~ 1~ t9A6 ~t 1 Commissioner Henninger added stake-out facility only wfth no more than ten seats, or something like that. Commissioner Masse said that the size of those retail un'ds on the plans, there is not going to be much room. Commissioner Masse asked ff the stairwells in the foont of the building that go to the second floor are going to be gated and locked? Mr. Valli saki yes, they will be gated and locked. Actually, any stairs that have doors out to the public way will not have handles on the exterior, they are only for exfting the interior of the project. Commissioner Masse darffied that a person would have to go through one of tha security gates to get into the facility? Mr. Valli added those gates can't have any sort of dead bolts because of exiting requirements, so normally they don't put any hardware on the exterior, so they are for exffirv~ only on the stairwells in front. Commissioner Masse said that actually the parking in front of the building could be used for the front garages. Mr. Valli said that the parking in front of the building Is really intended for Just the units along the front. In response to Commissioner Messe's question he stated yes, for retail and the front `` garages. Most of the activity for loading and unloading is going to occur along that eight-foot continuous area along building 2. Commissioner Masse stated that this is a very good looking project. Mr. Valli thanked Mr. Masse and said that they did put some thought into it and they think ft is going to look good in those shades of blue, gray and whEte, and he thinks it will be a plus. Jonathan Borrego pointed out Condtion No. 1 does recommend that they be limited to one free-standing sign. In some preliminary discussions with the property owner, he was maybe interested In keeping one of the existing signs and he wanted to pass on ff this is coming back to the Planning Commission, it would be nice ff we could get a new sign up that kind of matched the newness of the building as the existing signs out there are in pretty bad shape. Mr. Valli said he agreed and that you can't have a nice looking facil'dy and then a old looking sign. He discussed that with the owner this morning and they are going to do a very nico sign that compliments the building. Mr. Borrego asked ff staff could add one condition that he believes is going to be a standard condition, and tied to the parking waiver. That the parking waiver is approved on the basis information that's contained within Parking Study. ACTION: Approved Negative Declaration -65- Sel7art~ 18,19 SUMMARY/ACTIOPJ AGENDA, ANAHEIM CITY PLANNING COMMISSION, Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3792 with the following changes to conditions: Modffied Condition No. 5 t4 read: 5. That any restaurant tenants wfthin the retail area shall be take-out facilities only with a maximum of ten (10) seats. Added the following condition: That the granting of the parking variance is conting9nt upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of sa(d variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shat! be deemed a violation of the expressed condftions imposed upon saki variance which shall subject that variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. VOTE: 6-0 (Commissioner Boydstun absent) MEETING ADJOURNED AT 4:55 P.M. TO THE OCTOBER 2, 1995 PLANNING COMMISSION MORNING WORKSESSI0~1 AT 11:00 A.M. ~..; Respectfully submitted, ~~ .C-.- ~ Edith L. Hams Planning Commission Sup;.-ort Supervisor -66-