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Minutes-PC 1995/10/16SUMMARY/ ACTION AGENDA REGULAR MEETING OF ?I'E ANAHEIM CITY PLANNING COMMISSION MONDAY, OCTOBER 16, 1995 11:00 A.M. - PRELIMINARY PLAN REVIEW 1:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) BOStWICK, BOYDSTUN, BRISTOL, HFJJNWGER MAYER, MESSE. PERA7A ~~ ~ NONE (;OMMISSIONERS ABSENT: STAFF PRESENT: Selma Mann Greg Hastings Jonathan Borrego Karen Dudley Sean Gerber John Poole Don Yourstone Steve Walker ;ilfred Yalda Melanie Adams Margarita Solorio Giadya Wason Deputy City Attorney Zoning Division Manager Senior Planner Associate Planner Associate Planner Code Enforcement Manager Sr. Code Enforcement Officer Sergeant uce Detail Principal Transportation Planner Associate Civii Engineer Senior Secretary Office Specialist PROCEDURE TO EXPEDITE PLANNING COMiv11SSION PUBLIC HEARINGS 1, The proponents in applications which are not contested will have five minutes to present their evidence. Additional time will be granted upor, request if, in the opinion of the Commission, such additional time will produce evidence important to the Commission's consideration. p. In contested applications, the proponents and opponent will each be given ten minutes to present thelr case unless additional time is requested a~~d 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 sad. 3 Stall Reports are part of the evidence deemed received by the Commission in each hearing. Copies are avalable to the public prior to the meeting. p, The Commission will withhold questions until the public hearing is closed. 5, The Commission resoraes the right to deviate from the foregoing if, in its opinion, the ends of fames to al concerned will be served. g, All documents presented to the Planning Commission for review in connection with any hearing, including photographs or other acceptable visua representations or non~documentary evidence, shall be retained by the Commission for the public record and shall be available for public inspections. ~ within the juriadi on oiuthe Plannln9 Commission, and/orlagenlda itemsWaEach speaker will be slotted a maximum of flue (5) minutes to speak. MI951016.WP - 10/16/95 Page 1 REPORTS AND RECOMMENDATIONS: A. VARIANCE NO 4194 REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITI APPROVAL: Mark Frost, 24555 Los Alisos Boulevard, Laguna Hills, CA 92653 requests a ons-year retroactive extension of time to comply with conditions of approval for Variance No. 4194 (waiver of required lot frontage, minimum lot area per dwelling unit, and minimum front yard setback to establish a 5-lot single-family residential subdivision) to expire on September 9, 1996. Property is located at 2001 West Folsom Street. CONDITIONAL USE PERMIT NO 3699 -REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO cAMPLY CONDITIONS QF APPROVAL: J. M. Brewster, 4071 Second Street, Yorba Linda, CA 92686 requests a retroactive extension of time for Conditional Use Permft No. 3699 (to permit an 8,355 square foot church with accessory uses) to expire on September 27, 1996. Property is located at 999 North West Street. Approved (to expire 9-9-96) Approved (to expire 9.27-96) C. BODE AMENDMENT 95-06 REQUEST FOR c9NSIDERATQ Recommended QF AN ORDINANCE PERTAINING TO REVERSE CORNER LQ~ adoption to the IN SINGLE FAMILY RESIDENTIAL ZONES: Requested by the City City Council of .Anaheim, Planning Department, 200 S. Anaheim Blvd., Anaheim, CA 92805. p, CONDITIONAL USE PERMIT NO 3786 REQUEST FOR REVIEW Approved final OF FINAL LANDSCAPE PLANS: Weyerhaeuser, 710 East Cerritos landscape plans Avenue, Anaheim, CA 92815 requests review and approval of final landscape plans for Condftional Use Permit No. 3786 (to pemtit a building material storage yard with waiver of permitted encroachments Into required setbacks). Property is located at 1561 and 1601 South Lewis Street. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY Granted NO 95-01 REQUEST FOR A NUNC PRO TUNC RESOLUTI N T rgRRECT CONDITION NO 1 OF RESOLUTION NO. PC95-114 NUNC PRO TUNC RESOLUTION N0. pc45-129 ~~ 1n/16/95 Page 2 rr.eTnie nCRI ORATION 2a. pECLASSIFICATION NO 4g 95-09 2b. 2c. CONDITIONAL USE PERMIT NO. 3776 Approved Granted, unconditionally Granted OWNER: un~onl~venue Anahei/m, CA g2805Yer, 1225 W. AGENT: GLENN HELLYER, 1225 W. Lincoln Avbiue, Anaheim, CA 92805 LOCATION: ~^~ S Anaheim Bc I~u award. Property is approidmately 0.8i acre Ic~cated at the southwest comer of Anaheim Boulevard and Broadway. To reclassify subject property from the CG (Cc;nmercial, General) Zone to the CL (Commercial, Limited) or a less intense zone. To permit a 3,075-square foot drive-through restaurant with an outdoor patio area. Continued from the July 10, August 21, and October 2, 1995 Planning Commission meetings. RECLASSIFICATION RESOLUTION NO. PC95-130 CONDITIONAL USE PERMIT RESOLUTION NO. PC9~-131 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSiTiON: None Glenn Hellyer, 1225 W. Lincoln, Agent. He indicated he would like to have some modffications made to the conditions relative to signage and the roof materials. Commissioner Boydstun moved to delete conditions 1c, 1f, 9 and 10 and stated that in place of condition 9 to read 'the window sign shall not exceed 10 percent". Commissioner Masse askedhe whole) signage programageous for the applicant to come back before the Planning Commission with t Glenn Hellyer agreed and stag teCOmmaendatilons~' in the best of interest to all and asked if they could come back under Reports a Commissioner Henninger explained that it would be best for the applicant to come back when they have a tenant and a whole set of plans foi the Planning Commission's approval. _ 10/16/95 Page 3 Chairwoman Mayer asked for clarification of the motion made by Commissioner Boydstun; gym,, issioner Bodystun he a ~~~~ wpl bring a complet sett of plans dback, R & R fo~ Pproval ~klon ~, to be added stating that pp Glenn Hellyer asked if Item 1 c was to be eliminated or is the file material being eliminated? Chairwoman Mayer stated~d a Pola~nnipn ~ Mad ission was interested in seeing the architectural plan and the sign plan when it is Y Commissioner Boydstun stated Item 1c and 1f would be removed and architectural approval would need to be made of the plans. Chairwoman Mayer stated that the traffic report was pertinent to the original proposed application. Alfred Yalda, Principal Transportation Planner, stated the traffic study would be good for any type of last-food use with a d~ovement~madeeun that intersection about onenyear agog existing (rtersection because there was imp Commissioner Masse pointed out that if there was an extensive modffication to th~r~ Yalda agreed having a new tenant some issues might arise Ynat would need to be looked into; rdde to the traffic and stated ff the square footage of the building increased, that may ~o~n9 the footprint today and asked study; Commissioner Masse stated the Planning Commission is app if there are any changes for h to come back to the Planning Cc,,; •~nission. Commissioner Henninger stated they are approving a sfte plan and there should be a rondition that indicates the traffic report is based on assumptions and one of the assumptions is the footprint. ~-~- ACTION: Approved Negative Declaration Granted Reclassification No. 94-95-09, unconditionally Granted Conditional Use Permit No. 3776 with the following changes to con~ftions Deleted Condition Nos. 9 and 10. Modified Condition No t to read as follows: 1. That final precise plans, floor plans, landscape plans and sign plans shall be reviewed and approved by the Redevelopment Commissioon ~ Y thhalei ~ nn ngm~ as a report and recommendation item for review and app Commission. The plans shah indicate all building materials, color, and texture of all exterior surfaces Including glass, mullions, stucco and roof, and shall incorporate the following modifications: a) The sign recesses in the building facia shall be eliminated. b) Roof, signage and building colors shall be compatible with the cdors of the Koll Anaheim Center office buildings. c) All signage shall be high quality, and if internally lit "can" signs, such signage shall be comprised cf indivlcually routed letters similar to those used in the Koli Anaheim Center retail store fronts. 10/16/95 Page 4 d) The only signage on the site shall be either one four (4) foot high monument sign located near the intersection or two (2) wall signs (one facing each street) ~, ~` not exceeding 25 square feet each. Such signage shall only display the name of the tenant and/or a logo. e) All on-sfte landscaping sha8 be ~n conformance and compatible ~~h landscaping in the downtown area f) To the extent practical, the recently installed la:~dscaping on the perimeter of the she shall be retained. g) Trash enclosures shall be landscaped. VOTE: 7-0 Selma Mann presented the 22-day appeal rights. 10/16/95 Page 5 3a, r~c~ NEGATIVE DECLARATION Continued to 3b. WAIVER OF CODE REQUIREMENT 10 30-95 3c. rONDITIONAL USE PERMIT N0.3784 OWNER: JEFFREY GRADLOW, 10577 Wilkins Avenue, Los Angeles, CA 90024 AGENT: GENE IuiRCHELL, 624 S. Grand Avenue, #900, Los Angeles, CA 90017 LOCATION: 2929 West Bail Road. Properly is approximately 1.36 acres located on the north side of Bail Road and approximately 130 feet west of the centerline of Gaymont Drive. To permit an 80-foot high cellular communications tower with waiver of minimum structural setback (deleted). Continued from the September 6, 13, and October 2, 1995 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 5 people spoke in opposition/a petition with 85 signatures in opposition was submitted AGENTS COMMENTS: Gene Mitchell, Nextel Communications, 624 S. Grand Avenue, Suite 900, Los Angeles. He explained that the proposed tower will have posftive benefits to the community and that they are a nation-wide communication business with many locations. He then addressed the concerns made by nearby residents in reg2rds to fire hazard, graffiti, climbing on tower, health s`.andards (radiation), extremely low-frequency radiation from high power lines, falling of tower by an earthquake or very high winds. Commissioner Henninger asked Mr. Mitchell to address the Issue on the location of the tower; Mr. Mitchell explained they are interested in the subject location to serve that particular area and that they have tried many other locations but were not able to secure any of the leases. Gene Mitchell further explained reasons for approving the subject item. OPPOSITION: Leslie Noble, resident of Lynrose Manor, 2950 W. Lynrose Drive. He stated because of the proximity of the proposed tower to the apartment complex the neighbors are very concsmed. He believes the tower would constitute a nwsance to the apartment complex and explained their concems being safety of the children, constriction of the alley way and the negative aesthetics ~_ 10/16/d5 Page 6 to the apartment complex. He then referred to Mr. Mitchell's comments when he was addressing the neighbor's concerns of fire hazard and clarified their concern was not relating to ~~ ,' the tower catching on fire, but was concern the proposed tower would take up one-third to one-half of the area and worried if that would restrict emergency vehicles from entering into the alley way. Norma Pollock, 2550 W. Lynrose Drive. She stated the location of the proposed tower is directly behind her apartment and is very concerned of the children's safety. Bonnie Richard, 2950 W. Lynrose Drive. She asked that the subject request be denied because she feels her son and children in the area will explore the tower and she is concerned about their safety. Francis Smith, 2950 W. Lynrose Drive. She stated she agrees with Mr. Noble's comments and is asking that the subject request be denied. Richard Lopez He stated he worked in the electronics field for a long time and knows electro-magnetic radiation can be harmful and feels the health dangers were understated and asked the Commission to look into the health issues of a cellular communications tower in close proximity to residences. AGENTS REBUTTAL: Gene Mitchell addressed the co.~cems made by the residents and also responded regarding the children's safety, they would be willing to change the fence in anyway. STAFF'S COMMENTS: Jonathan Borrego, Senior Planner, stated a petition in opposition was received with 85 signatures. Commissioner Messe asked if there is a map of all the cellular towers, communication towers in the City indicating how high they are, where they're located, etc.; Jonathon Borrego responded he believes there is a list of all the facilities in the Ciry, but he doesn't believe they are plotted on a map. Commissioner Messe stated he doesn't feel the location is the right place for the subject tower. Commissioner Henninger indicated the graphic doesn't give him a good sense that the proposed tower would be in an (deal location to solve their existing problem and stated he would have felt more comfortable if he had an idea of where the other towers were located. Gene Mitchell. Stated he would be able to get the information on the location of the other towers and stated that the radio frequency engineer chose the subject location. Commissioner Messe and Mr. Mitchell further discussed the current reception problems; Commissioner Messe reiterated he would like to know where the other towers are surrounding the subject location and asked specifically where is the problem. Commissioner Henninger interjected and stated that Mr. Mitchell mentioned he would be able to get that information and the item may need to be coy.>inued. 10/56/95 Page 7 ft Commissioner Messe asked ff two smaller towers at better locations, away from reskfential areas, would serve the existing problem; Mc Mitchell replied that two separate towers would probably work. Commissioner Bristol asked if the towers can be mounted on tall buildings or parking structures; Mr. Mitchell answered yes and that about 4696 of their sites currently are on buildings and about 4896 are towers and about 696 are comsftes (existing communiption towers). Commissioner Bristd stated that at the proposed site, the power Tines are coming down the alley way and asked how they deal with a pole sign next to a power line, do the electrical fields of the high voltage interfere with the radio signals; Mr. Mitchell stated with the nature of the power lines at the subject location, generally there is no iMerFerence. Jonathan Borrego, Senior Planner, indicated he does know of two cell sites in the vicinity, one is '; located at the southwest comer of Beach and Uncoln arv± one at Western High Scholl which is located at the northwest comer of Orange and Western. Commissioner Henninger pointed out that an Interesting suggestion was made in regards to sharing of towers and stated perhaps as new ones are approved, a standard condition can be added indicating that they will agree to make d available. Commissioner Henninger reiterated again that he would Ilke to see additional detailed information on why the subject site is particularly needed end felt atwo-week continuance is needed. Commissioner Messe reiterated to staff he would like to know the locations where the existing cellular communication towers are in the surrounding area. '~-- Commissioner Boydstun asked if the alley way is private property because there is no alley marked on their map; Jonathan Borrego stated there is an access way that runs through the shopping center to the apartment complex on the east and then there fs also the drive aisle that run behind the shopping center adjacent to the apartment complex to the north. He confirmed the alley is owned by the shopping center. Commissioner Bristol asked if there is a lease arrangement or some type of an arrangement with the property owner for the access to park because it is obviously being utilized as a parking lot and using the gate to come back and forth; Jonathan Borrego indicated he was sure that was for access, but he is not sure about the parking. Commission Messe asked Mr. Mitchell if he would have the radio frequency engineer attend the meeting ff the item is continued; Mr. Mitchell answered yes. ACTION: Continued subject request to the October 30, 1995 Planning Commission meeting fn order for the applicant to submit a plan identifying existing cell sites and their coverage circles. VOTE: 7-0 10/16/95 Page 8 4a. CEtiA CATEGORICAL E)CEMPTION CLASS 21 Approved 4b. ^^NDITIONAL USE PERMIT NO. 103 (Readvertised) Modified ~,; OWNER: FU JUNG CHUNG & UNG C. CHUNG, 500 S. Beach Blvd., Anaheim, CA 92804-1811; HENRY KUO & SHU KUO, 9334 Rives Ave., Downey,CA 90240 INITIATED BY: Cfty of Anaheim, Code Enforcement Division, 200 S. Anaheim Blvd. Anaheim, CA 92805 LOCATION: 500 South Beach Boulevard (Calico Motell. Property is approximately 0.36 acre Located on the east side of Beach Boulevard and approximately 396 feet north of the centerline of Orange Avenue. City-inftiated request to consider revoking or modifying Conditional Use Permit No. 103 (to permft an 18-unft motel) pursuant to Section 18.03.091 of the Anaheim Municipal Code. Continued from the October 2, 1995 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-132 _ \__ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 1 person spoke in favor of subject modification OPPOSITION: 2 people spoke in opposition of subject modification John Poole, Code Enforcement Manager, explained the ftem is before the Commission today as part of the City's on-going efforts to reduce the blight and criminal activity in the Beach Boulevard/Lincoln Avenue area. He stated staff is recommending Conditional Use Permit No. 103 be modfffed under the following grounds, (1) that the use for which the approval was granted has been or is being exercised in such a manner as to 2 that the use for :~hich be detrimental to the public health or safety or so as to constitute a nuisance, ( ) approval was granted is being exercised contrary to the terms or condftions of such approval or in violation of state or local statutes ordinances, laws or regulations that modification including the imposftion of additional condftions of approval is reasonably necessary to protect the public, peace, health, safety or general welfare and to ensure continual and responsible maintenance and management of the motel use for which the approval was granted, and (3) that the use for which approval was granted is being exercised in such a manner which results in unduly high number of calls for service to the subject property regarding criminal activity and or property maintenance thereby causing a disappropriate draw upon police resources and the City's General Fund. Don Yourstone, Senior Code Enforcement Officer. He stated that on March 6, 1961, the Planning Commission granted Conditional Use Permit No. 103 to permit a 18-unit motel and since that action, the Anaheim Police Department and Code Enforcement Division have receved numerous complaints from residents who live adjacent to the Calico Motel. He pointed out the Code Enforcement records indicate that since June 13, 1984, through May 3, 1995, sixty-two (62) complaints were received resulting in 254 code 10/16/95 Page 9 violations. He then continued giving history in the actions taken which lead up to the subject item being on today's agenda for consideration of revoking or modffying Conditional Use Permit No. 103 and stated currently there is still housing violations on the property. lice reports, ftom 1991 Steve Walker, Sergearrt, Anaheim Police Department. He stated he complied po through 1995, on calls for service at the Calico Motel as describ b ems at the Calico Motel and inn the 1995, to the Planning Commission. He further described the many p surrounding area and also me alo ~cerapo ed as her customer atithe Cail ovMotei a A ~~~ eet prostitute and a male underco conversation occurred between tel umanage~ of her being a prostitute and thermanager~assuredl herthat she the female officer advised the m would not call the police. Mr. Walker stated the Police Departm o tthe Ruby and Pacific Inn which we~eoalso befoPe to Plann ng Motel as the conditions that were imposed Cammission for the same problems. n adoption of John Poole stated ther torchan a theiwording on Condition #13ton9ead 'That~immediately upo ms a indicated he would 11ke 9 this resolution, Conditions No. 1, 3, 4, 6 and 7, above-mentioned, shall be complied wfth. OWNER'S COMMENTS: Kuo. He asked the Commission ff they received the line graphic and the chart he submitted; Henry the Commissio the Conditional Use Permit iseunr ecessaryrmhat the staff report is misleading and the modffication to recommended additional conditions #1 and #3 are unrealistic, lack of legal ground and beyond t e jurisdiction of the Planning Commission. He gave his opinion toward Code Enfor ement Divisionoare not to a signfficant degree asediefined in violations mentioned by the Section 6.44.010 of the Anaheim Municipal Code and of the Calffomia Civil Code, nec~ti out34fi0• e referred to the line graphic and the chart he submitted to the Commission and po comparisons of the Calico MotEenforcement BeachcBoulevaed Cocncemed Citizens ahnd thertmotelde by the Police Department, Code owner/managers, that the calls of service in 1995 declined for the Calico Motel and the Pacffic Inn n comparison to 1994. He, again, referred to the line graphic (down grade) and stated he feels the situation of the subject property and the immediate areas will be continuously improved ~a ~ they need encouragement additional conditions to be imposed at thet~ue jt and theeBeach Boulevard Concerned Citizen's and better attitudes from the Police Depa Group and he is asking the Commission to delete the Conditional Use Permft modification. OPPOSITION: Carole Stanley, 235 S. Beach Boulevard, Cherokee Resident Owned Pa~• Sort osf theBeach grit honor to be able to speak before the Commission. She is speaking in supp Boulevard Concerned Citizens and explained that they have been workings ee drtigheant she submitted two years to clean up the west end of Anaheim. She referred to an S-pag Po to the Commission reeCaliniin g condC loins, but unfortunately they~wee never able to getgthrough the manager about the d 9 roximate 6' x 12" window, in the front door because ff is always locked. The Calico Motel has an app 10/16/95 Page 10 because the tmanagee is afraid of the eleme tin the neighbo hood? manager and asked ff ft is ~" She continued explaining the declining condftions of the Calico Motel and the prosttute and drug activfties and asked the Commission to Impose the same or greater constrictions on the Calico Motel as they did wfth the Ruby Inn and Pacific inn. Gary Kirshman, 431 S. Laxore (30 year resident, behind the Calico Motel). He stated they have experienced many problems (prostitution, drugs, etc.) associated wfth the Calico Motel and explained a few sftuations that occurred. IN FAVOR: Lee Chapair, from out of town. She expressed the managers are very nice and she feels safe at the Calico Motel and slated the pool is nice and clean. Henry Kuo, owner, refterated the conditions are not neces.;ary and expressed his reasons. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Chairwoman Mayer asked staff to respond to Mr. Kuo's comments in regards to Ce PAttome Commission being in Jurisdiction on Condition #1 and #3; Selma Mann, Deputy fty Y• explained the intent of the conditions being imposed. Commissioner Messe asked about the commercial center to the south of the subject location; Code ~~- Enforcement staff indicated that is another problem area and that they are currently trying to get the property owner to get some things resolved. Commissioner Messe asked about Condition #3, renting of rooms between 9:00 p.m. - 7:00 a.m., was the Ruby~lnn~s klea and worked welbl and then ft was p aced on the Pac~ffio llnn yes, stating ft Commissioner Bostwick asked Mr. Kuo what amount of business does he do, how much monthly, daily and hourly; Mr. Kuo answered the majority of their business the customers stay one to two Mr. Kuooanswered they da not havemonthly oc unpants at all but they dothave some weekly psis; occupant. Commissioner Bostwick asked Mr. Kuo why they do not open the office and have a regular counter and wafting room?; Mr. Kuo answered the only reason the main lobby is closed is for safety concerns, and he pointed out as shown on the graphic, there was a peak time of criminal activities at the Pacffic Inn and the Calico Motel and the manager was afraid of being robbed which did occur many times in the area. Commissioner Bostwick expressed to Mr. Kuo, that 'rf he was trying to attract a tourist market that ft would seem that he would want to operate the business differently, adding the Commission is here today to help him get the business back on the right track. Commissioner Bristd asked Mr. Kuo ff he disagrees or agrees with the police report and staff report regarding April 1, 1995, where a manager (Mrs. Tsai) agreed not to turn in a john and prostitute; ~ 10/16/95 Page 11 Mr. Kuo stated he disagrees because the situation is not exactly the same as the police report states. Further discussion followed between Commissioner Bristol and Mr. Kuo regarding Condition ~3; and how many times a room is rented in a 24-hour period. Further discussion followed between the Commission and Mr. Walker relative to calls for service; Mr. Walker stated there is a lot of crime at the Calico Motel, and the Commission agreed a security guard is needed at the subject site. ACTION: Determined that the action was Categorically exempt Class 21 Modified Conditional Use Permit No. 103 by adding the following new conditions of approval: 1. That a minimum of one (1) licensed uniformed security guard, approved by the Anaheim Police Department, shall be provkied upon the premises specifically to provide security for the premise and to discourage S ~ ~i cmi tress a sal remain loitering upon or adjacent to the subject property. fiY 9 on~dury as required and determined to be appropriate by the Anaheim Police Department. 2. That thu owner/manager shall maintain a complete guest registry or guest card system which includes the full name, address, and verified driver's license or legal identification and vehicle registration number of all registered guests, date of registration, length of stay, and room rate, and such guest registry or guest card system shall be made available upon demand by any police officer, code enforcement officer, or license inspector of the City of Anaheim. 3. (Deleted at the October 16, 1995 Planning Commission meeting) 4. That guest rooms shall not be rented or let #or periods of less than twenty four (24) consecutive hours, nor more than thirty (30) consecutive days, excluding one (1) manager's unit. 5. That every occupied guest room :mot : be provided with daily maid service. 6. That the owner and/or management shall not knowingly rent or let any guest room to a known prostitute for the purposes of pandering, soliciting or engaging in the act of prostitution, or any person for the purpose of selling, buying, or otherwise dealing, manufacturing or Ingesting an Illegal drug or controlled substance; or for the purpose of committing a criminal or immoral act. 7. No guest room shall be rente'~ or let to any person under eighteen (1f!) years of age, verified by a valid driver's license or other legal identification. g. That all available room rates shall be prominently displayed in a conspicuous place within the office area, and that the property owner and/or motel management shall comply with the provisions of Section 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates. _. 10/16/95 Page 12 9. That the property owner and/or motel management shall comply with the provisions of Section 2.12.020 pertaining to the operator's collection duties of transient occupancy taxes. 10. That the subject property, buildings and accessory structures shall, within sixty (60) days from the date of this resolution, be brought into compliance with the statutes, ordinances, laws or regulations of the State of Calffomia, as adopted by the City of Anaheim, including the Unfform Building Code, Unfform Housing Code, Unfform Fire Code, Unffomt Plumbing Code, National Electric Code, and Unffomt Mechanical Code, and permanently maintained thereafter in compliance with such statutes, ordinances, laws or regulations. 11. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within forty-eight (48) hours from time of occurrence. 12. That the property owner shall pay the cost of Code Enforcement Inspections as often as necessary until the subject property is brought into compliance, or as deemed necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State and Iocai statutes, ordinances, laws or regulations. 13. That immediately upon adoption of this resolution, Conditions No. 1, 3, 4, 6 and 7, above-mentioned, shall be complied with. 14. That within thirty (30) days from the date of this resolution, Conditions No. 2, 5 and 8, above-mentioned, shall be complied with. VOTE: 7-0 Selma Mann presented the 22-day appeal rights. 10/16/95 Page 13 ~ Continued to i~ 5a. ~ECiA NEGATIVE DECLARATION 100-95 'y ~_~ 5h 'WAIVER OF CODE REQUIREMENT (DELETED) 15r, . ^^NDITIONAL USE PERMIT ~lO.3785 II OWNER: LEMON PARTNERS, 1150 N. Lemon Street, Anaheim, CA AGENT: An~aheimSBlvd. AN/AHEM CA 9280A5;S~JEFF~FA7RAN0, 2100 S. Anaheim Blvd., Anaheim, CA 92686 LOCATION: 1150 North Lemon Street. Property is approximately 1.5 acres located on the east side of Lemon Street and located approximately 900 feet north of the centerline of La Palma Avenue. To permit a large collection and recycling facility with waiver of permitted roof signs (deleted) and minimum number of parking spaces (deleted). Continued from the October 2, 1995 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: Nor!e ACTION: Continued subject request to the October 30, 1995 Planning Commission meeting as requested by the petitioner. VOTE: 7-0 i ~ - 10/16/95 Page 14 ~, r_~ne NEGATNE DECLARATION 6b. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT N .3791. (Reac:vertised) Approved Approved Granted for 1 year (To expire 10-16-96) OWNER: CALIFORNIA DRIVE-IN THEATERS, ING., Attn: A. Teny Dickens, 120 N. Robertson, Los Angeles, CA 90048 LOCATION: 1520 North Lemon Street (Anaheim Drive-In Outdoor meet . Property is approximately 23.13 acres located at the southeast corner of Durst Street and Lemon Street. To permit an outdoor roller hockey facility in conjunction with an existing outdoor swapmeet with waiver of required setback abutting an arterial highway and required setback abutting a freeway right-of-way. CONDITIONAL USE PERMIT RESOLUTION N0. PC95.133 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Teny Dickens, Nation-wide Theaters. He stated that they Just real(zed this morning the recommendations made and are not agreeable with all of the recommendations and that he will address the issues following Tom Moeller's presentation Tom Moeller, Pacific Theaters, director of Swap Meet operations and soon to be roller-hockey operations, 1520 N. Lemon Street, Anaheim. He stated roller-hockey is a recreational activity which is becoming the fastest growing sport across the country and is very popular. He continued explaining the recreational facility that they are proposing and stated the roller-hockey will be a safe, non-contact hockey activity. They will be using a surface called sport-court which is the same surface the professional hockey teams use. It will allow the children's equipment to last longer versus'the advocate street hockey player who plays on asphalt and continually replaces their wheels. He displayed pictures to the Commission sheaving the sport-court surface and then urged the Commission's approval. Terry Dicken. He displayed the revised site plan and explained the safety nets to confine stray pucks, thereby providing safety throughout the whole site He referred to page 4 of the staff report, #18, relative to the encroachment and stated the only encroachment that now exists Is a 40-foot setback from the Caltrans right-of-way along Lemon Street, and aside from that there is no other encroachment. Discussion followed between the Commission and Mr. Dicken relative to the location of the temporary facility being so close to Lemon Street, the Commission asked for it to be relocated more to the back. Mr. Dicken was not In agreement. Further discussion followed between the Commission and h:r. Dicken relative to the set-up and take down of the subject temporary facility. Commissioner Henninger asked 'rf all of the facilities, with the exception of the storage containers and portable toilets, are temporary and would not be there during the week; and Mr. Dicken answered that was correct. to/1s/s5 Page 15 Commissioner Bristd noted that the entry and exit off Lemon is not well striped and he was concerned about the traffic flow; Mr. Moeller agreed and stated they will have to reconfigure the entrance. Mr. Dicken indicated that the subject matter is aprivately-funded recreational facil~~ ~a~Y o ~te.eHe community, meets the growing needs and interests, and will provide a safe, sups stated he feels it wail reduce the use of some of the parking lots, tennis courts, etc., that is used for street hockey today and reiterated i< is a non-contact acth;iry with trained officials to manage the actNity. He reiterated giving his reasons for keeping the subject facility to the front by Lemon Street and urged the Commission's support. Commissioner Pen3za asked if there will be security following the setup of the subject facility and Mr. Dicken answered they wW havo security. THE PiJBUC HEARING WAS CLOSED. it shculd read 'thatdCondit on Nto. 2, above-mentionedt shallCbe ckomplied with than Bo~rego responded that Jonathan Borrego commented to staff s recommendation relative to the subject facility being moved back, which may not occur, therefore, Mr. Borrego asked if the one court doses to Lemon Street could be relocated further back to satisfy some of staffs concerns and also asked to limit the amount of advertising. Discussion followed relative to advertising. Commissioner Messe asked Alfred Yalda, Principal Transportation Planr+.er, his opinion of the subject facility operating on Saturday; Mr. Yalda stated he recommends approval. Discussion fdl~wed between staff relatNe to the two warm-up areas being relocated to the back and the parking being adjacent to Lemon Street. ACTION: Approved Negative Declaration Approved WaNer of Code Requirement Granted Conditional Use Permit No. 3791 for a period of 1 year, to expire October 16, 1996. Modffied Condition No. 4 to read as follows: 4. That prior to commencement of the a~;tivity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 2, above-mentioned, shall be complied wfth. Exten~~ons for further time to ccmplete said conditions may be granted in accordance with Section tt3.03.090 of the Anaheim Municipal Code. Added the following new conditions: That subject temporary facilities shall not be set up prior to 5:00 am. on Thursdays, and shall be taken down and be stored prior to 10:00 a.m. on Sundays. That all advertising shall be solely limited to the interior walls of the rinks. That security shall be provided during the periods when the courts are set up. warm up areas to the Iback andmhe parking d~ectly adjacent to Le onhStree~tion of the 10/16/95 Page 16 That subject use permit shall expire in one year ftom the date of this resdution, on October 16, 1996. VOTE: 7-0 Se ma Mann presented the 22-day appeal rights. 10/16/95 Page 17 i~ 7a. CEQA NEGATIVE DECLARATION Readvertised) 7b. rnrunrTrnNAL USE PE, F~AI_T N . 17 ( OWNER: BONNIE WEBERG, 1360 E. Maple Ave., Glendale, CA 91205 AGENT: RICHARD AND ELVA LOPEZ, 2140 S. Nautical Street, Anaheim, CA 92802 LOCATION: 1367 East Uncoln Avenue Units D E and F. Property is approx. 1.7 acres located on tf•.,a north side of Uncoln Avenue aril approximately 760 feet east of the centerline of East Street. Petitioner requests an amendment to the limitation of time to retain the on-premises sale and consumption of beer and wine within an existing full service restaurant. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-134 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Approved Approved amendment Richard Lopez, 2140 S. Nautical, Anaheim. He stated he owns a restaurant in Santa Ana (9 years) and explained he is buying Luigi's restaurant located on Uncoln Avenue and East Street. He indicated Luigi's had a beer and wine license and he is present today to retain the on-premise sale and consumption of beer and wine within the restaurant. THE PUBLIC HEARING WAS CLOSED. Jonathan Borrego, Senior Planner. He stated that staff recommends that a condition be added relatNe to the satellite dish being relocated or screened according to code. ACTION: Approved Negative Declaration ranted in Approved amendment. Modified Condition No. 2 of Resolution No. PC77-258, g conjunction with Conditional Use Permit No. 1769, to read as follows: "2. That subject Conditional Use Permit shall terminate on November 21, 1996" Added the following new condition: That the recently installed satellite dish shall be relocated or screened in accordance wRh Code within a period of 30 days VOTE: 7-0 Selma Mann presented the 22~Jay appeal rights. ~ _ 1o/is/s5 Page 18 8a. rEOA NEGATIVE DECLARATION (Previously Approved) Continued to 8b. TENTATIVE TRACT MAP NO. 12695 and 100-95 FINA~ SITE PLAN OWNER: THE PRESLEY COMPANIES, 19 Corporate Plaza, Newport Beach, CA 92660 LOCATION: Property Is approximately 2.8 acres located at the northwest comer of Sunset Ridge Road and Sem~no A~~enue and further described as Tentative Tract Map No. 126~~ ~~Ithin Development Area 8 of The Highlands at Anaheim ti:ls Specific Plan (SP87-1). Petitioner requests approval of a Tentative Tract Map and final site plan (to establish a 2.8 acre, 3-lot .ondominium subdivision, including 2 residential lots and 1 lettered lot) in order to develop a 32-unit attached condominium complex. FOLLOWING 1,5 A SUMM~.gY OF THE PLANNING COMMIS:ON ACTION. OPPOSITION: None ACTION: Continued subject request to the October 30, 1995 Planning Commission meeting in order to allow the petitioner to resubmit the required landscape plan for Tentative Tract Map No. 12695 and the final site plan as required by The Highlands at Anaheim Hills Specific Plan. VOTE: 7-0 10/16/95 Page 19 ~_ ;",i ga, ^°^,,,.e. CA ~"rGORICAL EXEMPTION CLASS 11 I APProved 9b. VARIANCE N0.4282 Granted OWNER: GLENDALE FEDERAL BANK Attn: Bernard L Dunlap, Vice President Facilities, 401 W. Lexington Drive, Glendale, CA 91203 AGENT: TRIPLE 'A' SIGNS, Attn: John McKinney, 11015 Cumpston Street, North Hollywood, CA 91601 LOCATION: ~~~7 E La Palma Avenue. Property is approximately 0.67 acres located at the northwest comer of La Palma Avenue and Imperial Hlghv+ay. Waiver of maximum number of wall signs to construct two wall signs on an existing bank building. VARIANCE RESOLUTION N0. PC95-135 FOLLOWING !S ."•. Si+MMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None John McKinney, 24210 Edna Street, Woodland Hills. Stated he represents the Triple `A" Signs company and - stated Glendale Federal Bank presently has one sign on the bank building which is permitted and is now asking for a second sign to enhance the disibility for vehicular and pedestrian traffic. THE PUBLIC HEARING WAS CLOSED. ACTION: Determined that the action was Categorically Exempt Class 11 Granted Variance No. 4282 VOTE: 7-0 Selma Mann presented the 22-day appeal rights. 10/16/y5 ~ Page 20 ~` 10a CEQA NEGATIVE DECLARATION 10b. CONDITIONAL USE PERMIT N0.3799 OWNER: LA PALMA INVESTMENTS, 13233 Fiji Way, Unit-F, Marina Del Rey, CA 90232 AGENT: PAUL VENETOS AND ESTHER VAVOULIS, 2661 W. l8 Palma Ave., Anaheim, CA 92801 LOCATION: 2661 West La Palma Avenue. Property is approximately 1.43 acres located on the north side of La Palma Avenue and approximately 210 feet east of the centerline of Woodland Drive. To permit an 835-square foot patio dining area in conjunction wN:h an existing 9,600-square foot restaurant with alcohol sales. CONDITIONAL USE PERMIT RESOLUTION NO. PC95-136 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Approved Granted Esther Vavoulis, 2661 W. La Palma, Anaheim. She stated they would like to install a patio in front of their restaurant. THE PUBLIC HEARING WAS CLOSED. ollowedsbetween staff and Msg. Vavou is relat'Neotothe equested a dscape, Ms. Vavoulis askediforthen clarification of what staff is suggesting. Jonathan f3orrego explained that the patio area will be replacing an existing landscape area and staff wants to make sure that the planter, which is located outside the patio area, is wide enough to accommodate an e4ectHe the ~p~ in terms ofthe andscapei material, that others islno recommendation by staff and that of 2 they will leave it up to the applicant. Commissioner Messe noted to Ms. Vavoulis that the landscaping in front of the subject site, along La Palma to find tre sl that don't have the roots that grows into thle pipes because tlhey do has sewage p oblemstry working on doing that before the Commis.~lon made h la condition. She statedthey aret tying to get the 10/16/95 Page 21 landlord to financially help them wfth the parking lot and are asking for an extension to when the parking lot ti needs to be completed. 1 Commissioner Masse asked how much time is needed; Ms. Vavoulis responded 18 months; Commis oner Commission and MstVavolulis that 6 months from theft al bu dhng insapectton wou d be the d~dllne fore resurfacing/restripping the parking lot. ACTION: Approved Negative Declaration Granted Condftional use Permft No. 3799 wfth the following changes to condtions: Modified Condftion No. 3 to read as follows: 3. That prior to final building and zoning inspections, Condftion No. 2, above-mentioned, shall be complied wfth. Added the following new conditions: That Condftion No. 1, above mentioned, shall be complied wfth wfthin six (6) months from the final building inspection of the patio addition. That the planter around the new patio shall have a minimum width of twenty four (24) inches. That a minimum of 2, 15-gallon trees shall be added to the planter area along l.a Palma Avenue. VOTE: 7-0 Selma Mann presented the 22-day appeal rights. 10/16/95 Page 22 ~' 11a. CEOA NEGATIVE DECLARATION Continued to 11b. WAIVER OF CODE REQUIREMENT 11-27-95 11c. rONDITIONAL USE PERMIT N0.3796 OWNER: ORANGE COUNTY BUDDHIST CHURCH, 909 South Dale Street, Anaheim, CA 92804 AGENT: ARCHITECTS DESIGN CONSORTIUM, 1920 E. Itatella, #5, Orange, CA 92667 LOCATION: 909 South Dale Stye (Oranoe CouMv Buddhist r h Property is approximately 2.1 acres located on the west skfe of Dale Street and located approximately 218 feet north of the centerline of Ball Road. To construct a 2,752-square foot chapel and a634-square foot family waiting room in conjunction with an existing church with waiver of minimum setback of institutional uses adjacent to a residential boundary, and minimum number of parking spaces. CONDITIONAL USE PERMIT RcSOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: No one was present/1 letter in opposftion was received. Steve Prothero, 741 E. Briadale, Orange. He is representing the Orange County Buddhist Church and stated the minister and one of the senior members of the committee planned to speak today and he hopes they will arrive in time to do that. He explained they are propos(ng to add to the subject church, about 3300 square feet, which would be an accessory to the main sanctuary consisting of a small chapel (seating approximately 88), a family wafting room, as well as a sacred ash depository. He spoke relative to the existing parking being limited based on the current building configuration (currently 129 spaces) and stated he believes the parking summary requires 138 spaces. They prepared a traffic study which Mr. Yalda, Principal Transportation Planner, reviewed and approved. He then spoke relative to the storage patio that extends into the rear yard setback of the subject property and stated he doesn't feel the~~ neetl to do any landscape screening and presented photographs for the Commission's review. Commissioner eoydstun gave her opinion relative to the back of the subject facilfty (northwest comer) and stated ft needs to be painted and that something needs to screen ft. Mr. Prothero commented that as part of the archftectural packet, they may be able to clean it up and he believes ft can be painted. 10/16/95 Page 23 Commissioner Boydstun asked if yesterday was a special holiday because their was no parking at the '-` subject property and Devoy Drive was campletely full, and that Dale Junior High sent a letter to the Commission because their parking lot was also full. Mr. Prothero answered that normally when the church has a function, they usually get a special permit from the City. He stated he wouldn't be the person who has that knowledge because he is not a member of the church and commented the members should be arriving soon. Commissioner Henninger asked to trail the item until after Item 12, in hopes the church rnembers would arrive. Commissioner Meese asked if there would be any objection if the Commission conditioned the approval that when the main sanctuary is being used, that the addition could not be used simultaneously with the main sanctuary. Mr. Prothero commented that the chapel will not be used at the same time as the sanctuary and stated the balance of the facility which is accessory meeting rooms, will support the main sanctuary, but are generally not used simultaneously. Staff and Mr. Prothero agreed the chapel and sanctuary will not be used simultaneously. Commissioner Peraza asked Mr. Prothero if he is aware of the letter from Dale Junior High and Mr. Prothero answered "no". Commissioner Henninger stated he feels they need to direct the questions to the church members and that he would like to ask them ff there is an existing parking problem. Chairwoman Mayer trailed the subject item to continue after Item 12. CHAIRWOMAN MAYER RECESSED THE MEETING FOR APPROXIMATELY 10 MINUTES. - Reverend Marvin Jerada, 2838 W. Stoneybrook Drive, Anaheim. He stated he has been a resklent minister at the Orange County Buddhist Church since 1986. The Buddhist Church serves a very large community with over 500 families that live in both Los Angeles and Orange County and that a great number of their congregation comes from the C'~ty of Anaheim. They are requesting approval to do some remodeling at the subject site which consist of building amini-chapel to give them some flexibility in serving their English and Japanese speaking individuals. He stated now when they have a special service, they have two services, one for the English and one for the Japanese and that the mini-chapel would allow them to have one service, allowing the sermon to give a message in Japanese (mini-Chapel) and in English (main sanctuary). Comrrdssioner Meese asked if he is then talking about a simultaneous use of the new development and the existing church; Mr. Jerada answered yes, that at times ft will be simultaneous. He stated he doesn't feel it woulcl involve more people at the services, b~~t that they would then be able to divide the Japanese and Engli.~h speaking people. Further discussion followed relative to the expansion permitting addftional people to attend. Commissioner Boydstun asked ff yesterday was a special holiday; Reverend Jerada stated no, that one of their organizations was sponsoring a "family day" which brought three and four generations (grandparents, children and grandchildren) together. Comrrdssioner Boydstun asked ff more people attended than normal and Reverend Jerada answered yes. Commissioner Boydstun informed him that Devoy Drive was full and that Daie Jr. High Scholl sent a letter to the Commission stating that their parking lot was full. 10/16/95 Paga 24 Commissioner Henninger asked how the parking sftuation is during a normal Sunday service. Reverend ~ Jerada answered that the parking is sufficient. ~.~ Commissioner Henninger asked how many times a year do they have a special event as yesterday. Reverend Jerada indicated about 2 to 3 times a year, other than their two major festivals. Commissioner Boydstun asked ff the storage building could be painted to match the subject building; and Reverend Jerada answered "yes". Commissioner Messe asked Mr. Yalda ff the traffic study changes now that they know that the existing church and the new proposed chapel will 4e used simultaneously; Mr. Yalda stated it would be difficult to make changes on the traffic study, unless they revisit the subject site. Further discussion followed between the Commission and Mr. Ysida, regarding the parking study and it was agreed that the parking study would need to be revised because testimony was given today that doesn't coincide with the chart submitted in the staff report in regards to the times and days of the proposed activities to be held at the mini-chapel and the existing church, therefore, he feels the parking study is flawed. Jonathan Borrego, Senior Planner, suggested that this item be continued for a few weeks so staff would be able to make an observation on a typical Sunday; and Alfred Yalda suggested staff make observations on two Sundays. Cormissioner Henninger stated that the parking study will be revised based on the correct operation of the new proposed mini-chapel. ACTION: Continued subject request to the November 27, 1995 Planning Commission meeting in order for the applicant to submit a revised parking study. VOTE: 7-0 10/16/95 Page 25 12a. rEQA NEGATIVE DECLARATION (Previously Approved) j 12b. ,^YONDITIONAL USE PERMIT N0.3082 (Readvertised) OWNER: VIETNAMESE EVANGELICAL CHURCH, Attn: Timothy Thi, 1681 W. Broadway, Anaheim, CA 92801 LOCATION: 1681 West Bro wav. Property is approximately 0.4 acres located orr the north side of Broadway aril approximately 205 feet east of the centerline of Euclid Street. Petitioner requests the deletion of a cond oion~ochurch val pertaining to the limitation of time for a previously app CONDITIONAL USE PERMIT RESOLUTION NO. PG95-137 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Approved Approved deletion of a condition of approval Timonthy Thi, Pastor, 1681 W. Broadway, Anaheim. He spoke relative to Condition No. 11, in regards to the freestanding wooden monument type sign and stated that they did remove the sign and presented photographs showing the sign on the subject property before and after. He stated they have been in operation nearly seven years and have never created any negaYroe effects, therefore, are requesting that Condition No. 12 be deleted in regards to the time limftation. THE PUBLIC HEARING WAS CLOSED. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Deleted Condition 12 (pertaining to time limitation) of Resdution No. PC88-302 in its entirety. VOTE: 7-0 Selma Mann presented the 22-day appeal rights. MEETING ADJOURNED AT 5:40 P.M. 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