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Minutes-PC 1995/11/13SUMMARY/ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PUWNING COMMISSION MONDAY, NOVEMBER 13, 1995 1o:ooaM. - ~ ~'~~~~~ z. ~ °~ DEPARrII+Ia~ir I>NPUr PRB.IMINAFiY PUW REVIEW pyp,A~IATELY FOLLOWING VYOFIICSESSION 1:30 P.M. PUBLIC HEAF>INGS BEGIN L~ 1'EST1~1 BOYDSTUN, BRISTOL., HENNINGER,M MESSE, ICK COMMISSIONERS PRESENT: , PER S COMMISSIONERS ABSENT: NONE STAFF PRESENT: Selma Mann DePutY ~y Attorney Mary McCloskey Deputy Planning Director Greg Hastings Zoning fXvislon Manager Jonathan Borrego Senior Planner Sean Gerber Associate Planner Code Enforcement Manager John Poole Don Yourstone ~r e ~ e ~ Fred Flx 0fficer forcement En .ode C Roger Bennion ~ es~tigator,f Crime TasOForce-APD Tim Miller Jay Poland Investigator, Crime Task Force-APD Jerry Diza Investigator, Crime Task Force•APD Tom Engle Investigator, Yce Detail-APD Alfred Yalda Principal Transportation Planner Melanie Adams associate Civil Engineer Planning Commission Support Supervisor Edith L Harris Elly Fernandes Senior Word Processor PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1 time wilPbe granted uplo~n request ifhn the opinioneot the ilCommission, suoh additional time'will iproduce ev dental 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 partidpant speaks, but rather by what is said. 3 graft 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. g, All documents presented to the Planning Commission for review in connection with any hearing, Inciu ng photographs or other acceptable visual representations or non~ocumentery evidence, shall be retained by the Commission for the public record and shall be available for public inspections. 7 within the jurisdictioneof the Planning Commission, aped/oriagenlda ItemawaEach speaker will be allotted a maximum of five (5) minutes to speak. 11/13/95 ac111?95.wp1 SUMMARY/ACTION AGENDA, Anaheim City ^lanning Commission, November 13, 1995 ~~ 1. ReDAQTC eNn RECOIAIAENDATIONS: •^~*+~sr USE~~YO' NO 3794 REfiUeer crw RFVIEUf OF FlNAL Continued to A. ~~~~~ O CA 92667 11-27-95 et ~ s,NDSCAPE PLAN'S: Bob Mickelson, 121 W. Rosa Avenue, range, requests review of final landscape. plans tot Goodie Iocat~ at 4530 E. La794 of petitioner. (to permit an automobile sales facility). Property Palma Avenue. ~, nrt9s NFr;eTnoE DECU4RATION 2b. WAR ~ CODE REOUIREiAE~iT (DELETED) 2c. CONDiT10NAL USE PERMIT N0.37~ OWNER: LEMON PARTNERS, 1150 N. Leman Street, Anaheim, CA, 92805 AGENT: HANAN STANLEY/SUNWEST METALS, INC., 1874 S. Anaheim Blvd., Anaheim, CA 92805; JEFF FARANO, 2100 S. State College Blvd., Anaheim, CA 92605 LOCATION: 1150 North Lemon Stmt Property is approximately 1.5 acres located on the east side of Lemon Street and "` I~ located approximately 900 feet north of the centerline of La Palma Avenue. To permit a large collection and recycling tacility with waiCeB odeleted) ~ root signs (deleted) and minimum number of perking spa Continued from the October 2, 16, and 30, 1995 Planning Commission meetings. CONDRIONAL USE PERYR REgOLUTiON NO. Continued to 11-27-95 at request of petitioner. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. PETITIONER'S COMMENTS: Jeffrey Farano, Attorney for the applicant, 2100 S. State College Blvd., Anaheim, was present to answer any questions. ACTION: Continued to the meeting of November 27, 1995, at the petitioner's request. VOTE: 6 yes votes (Commissioner Mayer absent) i - 11/13/95 Page 2 SUMMARY/ACTION AGENDA, Anaheim City Planning Commissbn, November 13, 1995 ~. 3a. Cc~ un7GATED NEGATiNE DECLARATION 3b. W 3C. ceNDIT10NAL rrgE_PERYIT N0.38~1 OWNER: U.S. BORAX & CHEMICAL CORP., 28877 Tourney Road, Valencia, CA 91355 AGENT: PENHALL INTERNATIONAL, Attn: Richard Reel, P. O BOX 4809, Anaheim, CA 92803 LOCATION: ~1 West Penhaq WatiJ~~~ Property is approximately 6.1 acres located on the north side of Penhalf Way and approximately 430 teat east of the cerrteritne of Crescent Way. To permit aroad-base materials processing and storage facility including on-site concrete/rock crushing and stock-piling activities, together with a large plauM with waive9ofrmin mumisirte ecloure and screening regcuirementsassembly Continued from the October 30, 1995 Planning Commission meeting. CONDITIONAL USE PERfiA1T RESOLUTION NO. P 4 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 4 people spoke PETITIONER'S COMMENTS: Approved Approved Granted (5 yrs.) Richard Reel, representing Penhall explained the following: a. that he had met with representatives of church next door, b, presented their plan of operation which the neighbors had not understood previously; c. neighbors expressed interest in visiting a rock crushing operation, but had to cancel and did not reschedule; d. the paint booth will comply with A(iMD regulations and they would have to have a permit betore the pairs booth was put into place; e. concerning noise, there was a noise survey; f. the operation will not atiect the underground water supply; g. the adjacent church is within 75 feet of Santa Ana Freeway and the noise from the freeway is as loud as any noise from this operation; h. the truck traffic route was explained to church representatives; all their vehicles are licensed to travel on the streets; Uncotn is major arterial highway; trucks woukt be traveling east on Uncoln, north on Penhall, and not within 1000 teat of church property; ali their vehicles are limited to traveling south on Crescent Wsy; 11/13/95 Page 3 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 i. hours of operation aro from 7 to 3:30 p.m., but oocaalonally they would have to work in evenings and on weekends (night work on freeways would mean dump trucks would be bringing in loads of material at night, usuaity after 10 p. m.) but that would not be an on-going thing, and not when church activfties aro going on' for dust control and they would not be j, wastewater discharge would be from water spraying discharging contaminated water into city's ground water and that is an area that Is monftored and permitted by A~MD. Mr. Reel asked about Condition No. 6 and Melanie Adams explained that condttion relates to potential pavement deterioration caused by truck traffic to Penhall Way. The larger streets are developed for heavy truck traffic but smaller streets including Crescent Way and Penhall are not designed to take constant heavy loads from this aciivfty. She explained this condftion is recommended by the Deputy City Engineer to charge for maintaining c~widenin work withinextrahtrucks omingronto cfty streets. agreement with Caltrans regarding freeway 9 She explained the fair share is based on the number of truck trips anticipated and the weigh. Responding to Commissioner Bostwick, Ms. Adams explain E sineert o work out an agreemeM.s but would be willing to meet wfth the applicant and Deputy City g Responding to Commissioner Bristol, Ms. Adams stated she would guess at a figure of about 520,000. Commissioner Boydstun suggested a limft of 520,000 for 5 years. Melanie Adams suggested amending Condiiion No. 6 to read 'That the developer shall enter into an standards estabitshedftforlocal t dustrtalrstreets ~ She claritiedothe cono ern is notgLlncolnhbut ems s Crescent Way and Pent+_all. OPPOSITION COMMENTS: humanscdueto air, dust and noise poliution~; and b) the noin~fis losurerof operations•on)theepaReof on Penhall. Ted Chung, Attorney, 12708 Bloomfield, Norwalk, Calitomia, indicated: a for astorage fac/fty for reli~taleof equipment and trucks; and they are not opposed t the tru k assembly. b. their concern relates to recycling of raw materials which is crushing and sha~'dng of roc , asphalt and concrete. a aroia is nothsomeething the Commi sion should dlo based on the inardequate envionmental is tindings of the applicant and the staff. d. concerning air/dust impacts, ft is staffs comment that is under the jurisdiction of the SCAQMD. e. concerning noise, the only documentation is a 1888 study submitted by Penhall and ask why the City did not request a more recent study. oxeir ateltt 3~Oc0 feet to thte nearest proeP~Y and is very misleading. The closest reading is appr Y 11/13/95 Page 4 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~w" line and the Anaheim Municipal Code allows no more than 60 decibels as measured from any property line. The reason the 1988 study shows 300 feet Is because that is the length under which they could quality wfthout breaching the Code Section. f. the survey in 1988 was conducted with a hand held meter and should not be considered by the Commission. line. g. proposed puns show the truck access route right behind the church's property h. would there be a limit on the number of aggregate ~pilme perm d ~' that would be additional i. would there he a generator to run the crushing eq p ~ 9 noise. j. the acreage is not discussed, pointing out this is a large project concentrated on small acreage. Mr. Chung added he Left more studies need to be conducted and that they would request an environmental Impact report on just air and noise pollution. Joseph Song, 902 Pebblebeach, ~ Habra, noted the following: ^ they do not talk about the amount of dust produced by the actual rock crushing, and also from transferring the gravels, ^ they also have rock shakers and conveyor belts. ^ rocks are very rich in silicone and that is known to cause damage toens to that Is not recycling asphalt causes hydrocarbon to be released and what happ addressed. ^ they are concerned also about air pollution. ;o,, ^ with constant noise exposure, there is a concern with hearing impainneM. Many factors affect hearing impairment such as type of noise, period of exposure, degree of exposure, age of people who are exposed, etc. It has been shown that long exposure to sound levels above 90 decibels can cause hearing impairment. They need :a know how much noise is generated, plus the type and how long ft will be generated. Dr. Song presented information regarding different sound levels (whispers, heavy traffic, normal conversation, etc.) and added that the 1988 study indicated sound levels between 62 and 65 decibels and indicated he did not think that is accurate wfth the facilfty In full operation wfth rock crushers, infor at on end noted hene area of of young children who are susceptible to/nner ear intectionst He stated ft is found that 3096 of the industries in this county would generate noise levels above 90 decibels and he could not believe this operation would be at 62 to 65 decibels. ,Dr. Song stated he is an asthma patient and has about 30 attacks a ya:' and ft is very scary because you feel you are being suffocated. Dr. Jo, 1903 Stark Avenue, Cerritos, stated they would have provided more findings N they had had more time, He stated this business would create an addftional three jabs and they do not ~ to uuses worth what ft does to the communfty safety and health. They have a condftional use perm their property for church activities, but ft doesn't mean they have to give up all their rights; that the maihnt touknow what the end resuR of the Penhall business would beoon tthem and alsoetheii landed e 9 11/13/95 Page 5 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 uses of the property; that their proposal says rarely on Sundays or at nigh and asked what rarely means (once a week, once a month, or once every six months). Dr. Jo felt the Commission should require Penhall to submit a complete new study and more updated data in order for them to agree with their proposal. The data mu ~ ~~ tie 9 ~~ uMibs udies are The data must include an environmental Impact report. No perm done and complete verified information is available. Mr. Reel stated Penhall dkt not invent the process of rock crushing and the process goes on throughout the Cfty. Presently there is an existing facility similar to this one on Lemon Street (Griffith Company) the Noble site on Uncoln at the freeway, and that they crush 150,000 tons of material on work they did at the Anaheim Plata, etc• He asked that Penhall get a copy of the report submitted by the opposition. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun asked if the church is air conditioned and R was noted that R is not air conditioned a this time. Commissioner eoydstun stated ft was her a nos outside. hen the church activfties were approved, they indicated they did not have any plaY9 or aJo i ttor ..tmaoditicat on to thetuse when he eixisting building is~remodeled. sling and they Intend PP Y ~~ Co nested therCUPaand those~hours asrstipfulated to are not the samefast he testimony todayhey eq Dr. Jo stated the hours testified to today are their intended fours after the completilied for hetripermit. D mJo responded atithat time only the offices we a used between 9 ande5.they app Commissioner Messe stated Sunday church services had also been indicated at that time. added that they a ednot oprat~ing durhing the hoursc their CLIP allows 9s but no day meetings and Dr. Jo responded to Commissioner Messe that they are plt~nning to reapply for modifications to their permit. Commissioner Boydstun asked about the sound levels of the freeway noise and Dr. Jo explained that the freeway sound level is about 70 dbs. Commissioner Boydstun asked Mr. Yalda if he had any information regardinby~ that ti is possible to ~ freeway tramc and Mr. Yalda responded he does not have any information, get that information from Caltrsns if the Commission would like, but it would not be available today. Sean Gerber stated the applicant submitted information that they conducted studies on the ambient sound levels which are on the vacant alts right now and those levels are 55 to 70 dbs wGth no 11/13/95 Page 6 SUMMARY/ACTION AGENDA, Anaheim C(ty Planning Commission, November 13, 1995 activities going on on that property and those studies were conducted on the property boundaries and there was a train parked on the raikoad tracks. Dr. Jo stated the information he presented was taken from a textbook of the ENT. Mary McCloskey stated the sound levels would also depend on what is happening on the freeway at Bo dstun that she dtd not know what the peak hoduritraffic sound levels would bo n the freeway.ner Y Ms. McCloskey, stated the City of Anaheim is not the lead agency and that the SCAOMD issues all permits and monRors atr quality in the county. Staff has conditioned, through the Mitigation Monitoring Prog oof ~ofr thabe ermit and~th~woutd havemo abide by all they regulatpons and conditionso show the City p p that are imposed through the A~MD. Concerning Holes, she explained staff has reviewed the noise study submitted by the applicant based on an existing operation and mitigation measures have been included and any time they exceed +.he City's Sound Pressure Level Ordinance, the activity could be stopped through Code Enforcement. Ms. McCloskey referred to the church's hours of operation and stated their administrative offices are approved to operate between 8 and 5 p.m., Monday through Friday, and church activities were from 6 to 10 p.m. which does not conflict wfth this use as proposed. The noise that would be generated from the rock crusher system is not a continual noise and it would btion sothat there cou~ldfbe no nigh Commission wishes to tie Penholl down on their hours of opera time activiti ion when they woulduneed to use the to Dity dbur~in9 theheven ng,indicated that there may be an occas Ms. McCloskey stated the Public Works-Engineering office would address the traffic impact on the street, drainage permits, wastewater, etc, Concerning health issues, Ms. McCloskey stated she was sure that the SCAOMLI would regulate the operation and the responsibility for dust and air pollution lies with that agency and she was sure they do have staff who would be able to comment on the emissions and would not allow any oparotlon to exceed the thresholds. She was not sure what those thresholds are. Sean Gerber stated the sound study which they submitted does give estimates of sound levels generated by some common activities and ft does note that heavy trucks traveling at 55 mph at a 25- foot distance would create 90 dbs and automobile traffic would generate 80 dbs. He responded to closer to the church property than fife a ist n9 freeswaY and railroad frackswhich are exgistinguch Mr. Reel noted that the incoming track route does take the trucks adjacent to the property line. He extent and that if they walled it centralhized, he though theyt coluldwaccommodateathpat as well.me Mary McCloskey stated the number of aggregate piles is controlled through the SCAQMD and they will make sure the limits is not exceec9ed. 11/13/95 Page 7 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~, Mr. Gerber added the permft Itmfts the amount of aggregate they can keep on the she and also Iimiis the houre of operation for the rock crushers. Commissioner Henninger asked ff they will begetting an At~iMD permft and Mr. Reel responded they will not be getting the pennft directly and explained they do not own the equipment and they do not intend to purchase the equipment but would contract with any one of a lumber of crushing contractors who have existing A~MD licenses. Commissioner Henninger asked N the permfts require some sort of dust control and Mr. Reel responded he was not sure what the requirements are. Commissioner Meese asked ff dust abatement Is done by spraying water and Mr. Reel stated they do have water sprays and some have a "bag house". Mary McCloskey stated the Mftigation Monftoring Program at a minimum includes stagy as well as bag understanding of what the permfts would cover which would include sprayers, togg houses, and also that the trucks be covered. Commissioner Bristol referred to the hours of operation and clarified that if the hours were exceeded, ft would be trucks coming onto the sfte at night, but the rock crushing operation would never exceed 3:30 pm., and that would be 4 times a year for approximately one month. Mr. Reel answered that is correct but that they could not guarantee that ft would be four times a year V more than 4 to 6 weeks of crushing on site to crush that amosunt of umataer~~ ar ft would not take much Commissioner Hsnn!ngee stated Condition No. 12 covers a lot of things and means they have to fully comply wfth getting necessary AaMD permfts and they have to fully comply wfth and followi es hums Noise Ordinance; and obtain NPDES permfts for wastewater, etc. ;and that understanding g some of those tvarious things even th ugh ahi 09 hat is includedin Condftion Nodded to spell out ACTION: Approved Mftigated Negative Declaration, with approval of Mftigation Monitoring Program No. 0087. Granted Waiver of Code Requirement on the bests that this is a temporary use. Commissioner Meese asked about relocating the ingress and egress of the trucks away from the church property. Commissioner Bostwick indicated he does not have a problem wfth the truck route because they Ives not there all day and the railroad track is closer to the church that this. He thought the freeway g as much or more emissions than what they are going to get from this ano he thought if they maintain the AQMD guidelines, ft is going to be very manageable. Grartted CUP 3801 Based on the iollowing findings: a, Paragraphs 26 and 27 of the staff report l_ 11/13/95 Page 8 November 13, 1995 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, . b, This is a temporary use, necessary for the freeway widening; c, This is an appropriate use in the industrial zone. roved the conditional d, When the Planning Commission reviewed and app the petftioner use permit to allow the church on the adjacent property, o to use on for the church indicated~u~ they wee thereon Sunday and at night the industrial property when the industrial users were not there and the use v-ould be compatible for that use. That is the heals on which the current church CUP was approved and that is how they.are expected to operate. Their testimony at today's hearing was that they are there 7 days a week, all day long. e. The Industrial area needs to be preserved for industrial users. Added the following conditions: 1. That the hours of operation shall be as follows: ~ ~n,o r.^^~ction Ea~~;^mp"~ storage Yard and Rental Facility: Monday through Friday 7:00 A.M. to 5:00 P.M. Truck Fa``rtcation/Assembly Plant: Monday through Friday 7:00 A.M. to 5:00 P.M. ~ RA9d Base Materials Storage/Crushing Ooeration: Monday through Friday 7:00 A.M. to 3.30 P.M. Prior to the commencement of the rock crushing activity, the petitioner s,r;all submit to the planning Department the SCAQMD operating permit. The operation must comply with Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code, and new on-site activity cannot exceed more than 5 dBs above the existing ambient sound level when it is in operation. A noise survey conducted on the site on the first day of opera~Ion of the rock crushing equipment and again within thirty days to ensure that noise levels of the rock crushing operation do not exceed the levels defined in the Anaheim Municipal Code Chapter 6.70. Prior to issuance of a building permit or commencement of activity, the developer bestll managements practices that wi I be used on site to control prieydictable ing W rice. Department Dev lopment ServicesCDivisionitor review and approval.blic Condition No. 6 shall be amended to read: 6 structara conditpon otaCrescentl Way and Pe hall W Yet Thei developer 11/13/95 Page 9 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13,1995 shall submit a letter deteiting proposed vehicle trips, types and loaded weights. The developer shall enter into an agreement with the Cily (to be reviewed by the City Attorney) to pay a fair share tee for street deterioration for truck traffic ~nhtch exceeds stan~::ads established for local industrial streets. The terms and stipulations of the agreemert shall be complied wRh.' VOTE: 6 yes votes (Mayer Absent) The Planning Commission instructed staff to write a letter to the church representatives to remind ah reed tohand !hest their estitmony was that there would be nb utdoor play areas. gperatton they 9 Selma Maren, Deputy City Attorney, presented the 22-day appeal rights. 11/t3/95 Page 10 MMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 SU Approved Gamed 4a r•.FCa, NEGATIVE DECLNfl1Ti~ Gaoled 4b. ~renrFw OF CODE RED qc. --'"'..~.s..w. ncc oERYIT N0.38~4 (~0 Mayer absent) OWNER: CHENG-1 AND JINSU HOU, 17561 17th Street, Tustin, CA 92680 AGENT: PETER HAHN, 616 E. Bali Road, Anaheim, CA 92805 LOCATION: 125 East Baq Roar Property is approximately 1.24 acres located at the northwest comer of Ball Road and Claudine Place. To establish a motorcycle sales and service dealeahip with waiver setback adjacenttoranf arterialdhighway and required~setbaickd adjacent to a local street. Continued from the October 30, 1995 Planning Commission meeting. CONDI11ONAL USE PERYiT RESOLU'GON N0. P 1 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSI11ON: None PETITIONER'S COMMENTS: stated their proposal is to relocate their curtent Peter J. Hahn, 1700 N. Fairgreen Drive, Fullerton, dealership from 616 E. Ball Road to 125 E. Ball Road. Their opeatlon includes sales, parts and a service department and they have been operating in Anaheim since the 19 They ezpe~ctt to doub a then business 9 m oases and expect a 30% fncrieasehin gross sales next year number o p Y Commissioner Messo clarified that the applicant had read and agreed with the proposed conditions of i setting the fence back, etc. approval and pointed out staff has recommended diNerent landscap ng, Mr. Hahn referted to Paragaph No. 8 of the staff report, page 2, line 5, which indicates that'd and second floor, approximately 6513 sq. tt. is for parts storage and explained that is actual) pa accessories department and it will be for showroom space. Commissioner Bostwick pointed out Condition No. 1 in page 8 prohibits outdoor display of vehicles 11/13/95 Page 11 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 and Mr. Hahn responded that b acxeytable because the building stts right on the street because the City is taking 15 teat on Ball Road for street widns~ He explained they will have no outdoor display and they have adequate space to have diaptay that should be sit. Im hated and than daes%''~~Xe`Nude them tromirequesting a Special Events Permtt through the Zo~zirg Administrator. Jonathan Borreg ~ Mt must submtt a request toith~u- ! +y Adm nistratodron for Special Eents Permtts, the app Mr. Borrego suggested that Condttion No. 1 be modified to include that there shall be no outdoor display or repair work conducted and also that the storage area be Iimtted to the area designated on the plan. Mr. Hahn stated that would be acceptable. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick asked if there is any reason other than the expansion for the appltcaM to move his business. Mr. Hahn respanded the business next door is not the typical business you would want to be located y next door to and he does not want to put the IandloM in a bad sttuation. He stated tt is really unpleasant and he did not think any businessman here would want to operate his business next door to that type of business. He stated 80% of his business Is family-oriented and a lot of children come into the business with their families and the parents do not feel comfortable trying to explain to their children what type of business the theater next door is, and tt just makes tt a lot harder to operate his business. Commissioner Henninger asked if one of the primary problems has been that some of the customers have been uncomfortable vistting his business because of the use that is next door. Mr. Hahn responded his business has been growing every yeeu and he has been very fortunate and he though his business would have grown 40 or 50% I~st year instead of just 30% if they were not next added the landlord really tried to ma ettiwork out so they could stay there but theme is no way tte could be resolved. Commissioner Messe asked if there were noise problems and Mr. Hahn stated noise was deflnttely a mrusic from that business shakes the who a wall and tt hassheen a rproblemt issue. He stated the ACTION: Apuoved Negative Declaration Granted Waivers of Code Requirement a. granted, subject to the existing shrubs being properly maintained to provide sufficient landscaping to break up the building, elevation mass. 11/13/95 Page 12 SUMMARY/ACTION AGENDA, Anaheim City Planning Commissbn, November 13,1995 b, granted, subject to the proposed fence, which screens the outdoor inventory storage area, be approved as located in order to avoid creating a'dead space' area that may become a code enforcement problem regarding trash, graffiti, etc. c. granted, subject to the proposed wrought-iron fence being placed behind he proposed landscape planter area adjacent to Claudine Place, allowing for the slight jog that encxoaches into the 5-toot setback area. Granted Conditional Use PermR No. 3804, subject to the following: Delete Condition No. 2. Add the following condition: ?hat the storage area shall be limited to the area designated on the submitted plans " and subject to Condition No. 1 being amended to read as follows: 'That there shall be no n::.door display of vehicles or repair work on vehicles permitted. VOTE: 6-0 (Mayer absent) .~ Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. Recess: 2:55 p.m. Reconvened: 3:10 p.m. 11/13/95 Page 13 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 58. CE~A CATEGORICAL NO 21 5b. CONDfTiONAL USE PERIiR NOS. 1082 AND 3422 (READVERTISED) INITIATED BY: City of Anaheim, Code EMorcemerrt Division, 200 S. Anaheim Boulevard, Anaheim, CA 92805 OWNER: DENNIS SCIOTTO, 1288 Sea Coast Drive, Imperial Beach, CA 91932 LOCATION: 1339 North East Street fSw~eetwater Saloom Pr?Pc~v is approximately 0.86 acres located north and west of the northwest comer of East Street and further described as 1339 North East Street (Sweetwater Saloon). Revoked CUP No. 1082 and CUP No. 3422. City-inttiated request to consider the revocation or modification of Condttional Use Penntt No. 1082 (to permit on-premise sale and consumption of beer and wine in conjunction with the serving of meals in an ea~sting restaurant) and Conditional Use Permtt No. 3422 (to permtt on-premise sale and consumption of alcoholic beverages in an existing restaurant) pursuant to Section 18.03.091 of the Anaheim Municipal Code. COND171ONAL USE PERYR RESOLUTION NO. P 147 OPPOSITION: Approximately 40 people presets; 66 individual letters, and petitions containing approximately 63 signatures were received in opposttion. VERBATIM TRANSCRIPT CiiR.IRWOMAN MAYER WAS ABSENT. Act(ng Chairman Messe. Item No. 5, I'll ask staff, this is a, 1339 N. East Street. Condttional Use Permtts 1082, 3422 and this application has been tntttated by the Ctty, for possible revocation or modification, staff? John Poole, Code Enforcement Manager. Thank you Mr. Chair, John Poole, Code Enforcement Manager. Before you, you have our staff report concerning this matter along wtth the Pniice Department's report and the grounds for termination or modification of a condtttonal use permtt. I would like to break the Ctty's presentation up into several parts, first the history of the property then the results of our investigation and then have testimony from the Code Enforcement Officers, Police and the ABC and then close by giving staff a recommendation regarding this matter. This property was originally, uh, opened as a pancake restaurant ,the Pancake Carousal in 1966. In 1969, the property owner petttioned the Ctty and obtained a Condttional Use Permtt No. 1082 for an on-sale beer and wine, in conjunction wtth serving meats at this location. In 1983, the restaurant changed 11/13/95 Page 14 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 l% ownership and was remodeled to a Western theme and became Joe's Barbecue, a toll-service restaurant with beer and wine. in May of 1991, Conditional use Permit No. 3422 was approved to permit alcoholic beverages in an existing restaurant. This proposed use was granted because the on- sale alcoholic beverages would be In conjunction with a Sty ~loon~ undertthe ownership changed ownership and is currently today operating management of Montebello Hospftality Services. An enertainment permit was issued to the Sweetwater Saloon on June the 27th, 1995. In that permit the applicant proposed the entertainment would be as follows: Food and cocktail waitresses shall take fume dancing, go-go style on a raised stage, stage is 18' in height with railing, mairrtaining a customer at 6-toot distance, from the waWess during the errtertainment pertormances• . Waitresses shall be uniformed in bikini-style apparel, waitress entertainment pertom~ance shall be incidental to their food and cocktail service. The result of our investigation has Indicated that the floor plan that was originally submitted for both conditional use permits, the floor configuration. that exists today is not anywhere near in conformity to the two plans submitted for those CUPs. The waitress food preparation station has been removed, in that area, a bar has been installed. Code enforcement's investigations and the Police Departme~rt's investigatton3 both have sound that the primary business activity at this location, is the sale of alcoholic beverages with entertainment not the operation of a restaurant. I'd like to call upon, Code Enforcement Officer Don Yourstone to testify and then I will have two other Code Enforcement _ Officers. Don Yourstone, Senior Code Enforcement Officer. Good Afternoon, my name is Don Yourstone, Sentor Code Enforcement Officer, City of Anaheim. On June 6, 1995, Code Entorrement staff conducted on an inspected of the Sweetwater Saloon, located at 1339 N. East Street, regarding their entertainment permit. At that time it was found that afull-service bar had been installed and a raised dance floor had been constructed in, the, dining area of the establishment. Upon returning back to the office, I've checked the conditional use permit and found that this was a modification to the original floor plan that was submitted back ln, 1991, I believe it was, where the full-service bar, there was a cook and waftress station and in the area of the stage area was seating for the dining room area. June 6, I issued a notice of violation to'~he Manag ~,~ ifor ~ ~ ~oremonfdifl~caition and also the establishment was in violation and he needed to get appr live erertainment permit. On one other inspectl'on, with Code Enforcement Manager, John Poole and I, conducted, we observed that there were three pool tables inskle the establishment and the changes were still present. At that time, we met the General Manager, Tom Nabarette, and we advised him that, he needed to obtain zoning approval for the modiflcation and also a Pool Hall Permit for the three pS l ebmeeting fwith Mr. that an office trailer had been installed or parked to the south of the property. Nabarette, the extra~poThl ~ bmodiftcation has notilbeeln rectified as far as the floor plan andlis still there entertainment perm at present. I'll be here to answer any questions if you neAd me. Fred Fix, Code Enforcement Officer. On Friday, August 25, 1995 at approximately 5:15 hours, 11/13/95 Page 15 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 `.~ Anaheim Police Department Investigator Tom Miller and myself entered the Sweetwater Saloon located at 1339 N. East Street. As we entered we were not greeted and we had to seat ourselves in a booth adjacent to the Banos platform. While walking to our table, I observed three pool tables that were not in use, there were no pool balls or sticks on or around any o~th~ a`_-~ an n~~~ ondiments on our tables had menus but there was no silverware, saR, PePP~~ p y table or any of the tables around us. Our waitress did not ion~~ pub«~~~~ a ~~a with ranch and food ordere. 1 ordered a New York Steak, baked potat dressing. The waitress collected our money after she turned the orfer in, but before she brought us anything to eat. Approximately 10 minutes later, attar I had ordered the waitress returned to the table and said that they were out of steak. I then ordered, the filet migon and she said that they were out of that also. I then opened the menu to look at the other food selections and the waitress sat down next to me and with her finger painted out the hot sandwiches, she then saki that that they had everything on that side of the menu. I ordered a grilled chicken sandwich with french tries, the waitress did not refund the difference between the steak and the chicken sandwich for approximately 10 minutes, during that time she danced two dances on stage. 1 observed several other dancere, dancing individually on the stage, each dancer danced to two songs. I observed dancere by the names of Jasmine, Babe, our waitress, Madonna, and two other dancers perform. I was unable to hear all of the dancere names since the disc jockey wasn't audible. Each dancer danced on ar around the stage. They would dance in front of each patron sitting at the tables and would touch the patrons on the arms, chest and face while dancing. Each dancer would lilt her leg onto the table in front of the patrons, so that the patrons could insert dollar bills under their garter belts. Upon completing their dances, each dancer would walk between the patrons at the table and booths, thanking them. 1 observed one dancer, named Jasmine, crawl under the table between the stage and the booths to collect a dollar bill that a patron had dropped on the floor. Upon completion of her dance, Babe hugged each person sitting at the tables and the booth around the stage. Investigator Miller and I, were among approxlmately 20 people sitting adjacent to the stage. We were the only ones who had ordered food from the menu. 1 did observe one customer take one trip to the buffet table, the buffet table was located between the bar and the stage. The table had a cloth, table cloth with three covered chafing dishes and a can of sterno under each chaffing dish. I observed between five and ten people at the bar, there were approximately eight to ten employees including waitresses, dancere, bartenders and bouncere, I observed that on the northwest booth, adjacent to the stage, customere would sit while a dancer would dance adjacent to the booth. 1 observed both Babe and Madonna table dancing. a hiroximately 6:15, both investigator Mlillerl andbmyseif IeR theme Sweetwater Saloon in return to the PP Police Department. Acting Chairman Masse. Thank you. John Poole, Code Enforcement Manager. Any questions? Acting Chairman Masse. Why don't we go ahead and then we'll get to the questions in a bit. John Poole, Code Enforcement Manager. This time, I'll like to call upon Code Enforcement Officer, Roger Bennton. Enforcement nOfficer for the City of AnaheimGOndWednesday, August 30, 995,rat app oximately 12.15 11/13/95 Page 16 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, Novomber 13, 1995 l~ hours, Investigator Tlm Miller and myself entered tho Sweetwater Saloon located at 1339 N. East Street. We were conducting a plain clothes assignment to check for possible Anaheim Municipal Code violations at this time. We were not greeted when we entered and seated ourselves at a table adjacent to the dance platform. While walking to our table I observed three pool tables which were not being used. After several minutes, a waitress came to our table and asked us what we wanted to drink?. A drink order was placed, she returned to our table, approximately 5 minutes later with our drinks. Investigator Miller then told the waitress that we wanted to order lunch. She pointed to the menu on the table and said that she would return in a few minutes to take our order. While we were waiting for our food order, we observed several tamales dancing on a raised stage, approximatety five (5) ieet from our table. The dancers were dressed in bikini-type tops and g-string type bottoms. During one of the dance routines, a waitress named Vanessa came up to our table and started to talk with Investigator Miller. Miller asked Vanessa ff she was there to take our lunch orderT She said she was not. Miller asked her why she was at our table? She said I'm here to make you happy. Vanessa then asked how 1 liked her outfit? i said ff was nice. Vanessa was dressed in a black-Leather type bra and matching g-string bikini bottom. I could not hear the remainder of the conversation between Vanessa and Miller due to the loud music being played by the disc jockey at this time. later Miller told Vanessa that n was my birthday and asked ff she would perform a table dance for me. Vanessa said she would like to and asked ma tf I would Uke to do it now or waft until I finished my drink. I stated to her, I would like to waft awhile and Vanessa said she would return and walked away. Our original waitress returned to our table, took our lunch order, lordered apatty-meR with french ;~ tries and Miller ordered a grilled ..., grilled chicken sandwich. The food was served approximately 15 minutes later. I observed five (5) additional customers to the restaurant, I did not observe anyone eating food in the restaurant, except for Miller and myself. White we ate our food we observed four (4) or fire (5) female dancers perform on a raised stage, uh, during several of the performances, uh, the women's pubic hair was visible as they performed the routines on the stage. Vanessa returned to our table and asked me if I was ready for my table dance? I said yes and I was escorted by Vanessa to one of the vacant tables located on the west side of the dance plattorm area. Vanessa then asked me to sit down, she proceeded to lean over in front of my Lace and hold her breast together and rubbed them against my face. She then got down on her hands and knees and proceeded to crawl on all fours towards me until she stopped just a couple inches away from my groin area, she smiled, licked her lips with her tongue as she looked at me, she stood up, turned around, rubbed her buttocks against my legs and groin area. After Vanessa finished her table dance she told me that I owed her ten (10) dollars and I paid her. She thanked me and left. I observed two people sitting at a table, located adjacent to the bar they were approximately eight (8) to ten (10) employees including the waitresses, dancers, bartenders, a bouncer and a disc jockey. At approximately 1:15 in the afternoon, we left the Sweetwater Saloon In return to the office. John Poole, Code Enforcement Manager. Next I'll like to call Anaheim Police Officer Tim Miller. Acting Chairman Masse. Excuse me, John, uh, at any of the last three, uh, observations of the operation of this place, where any citations issued? John Poole, Code Enforcement Manager. No they were not. 11/13/95 Page 17 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 Acting Chairman f+-asse. Thank you. Tim Miller, Investigator, Anaheim Police L1epaAment. Hi, I'm Investigator Tim Miller hom the Anaheim Police Department, Crime Task Force. Oyer the last several months 1 was asked by Sergeant Steve Walker, the ~ he ~~ p~i~~n tt~e~ligatio nas toathe type of business being conducted at the order to a Sweetwater Saloon. I responded there on four different occasions over the last couple of months,A~u~ 5 995cAugust which you heard about from Mr. Fix and Mr. Bennion. These dates include, 30, September 22~ st the Anaheim Police Department. Three of lhedvisits w~ ~ o~ucted in he of the Grime Task F evening during the dinner time hour and, uh, one of the visits was conducted during the lunch our with Mr. Bennion. Going to skip some of the points that Mr. Fix and Mr. Bennion have already covered, R's goingt~~ one of the waitresses ever~oftaered as~any ilood,~uhf sewers nevereoffered a f consistencies and menu by any of the waitresses, no place settings were ever observed, no siiverHrare was ever observed on the ~sions welhad to ask for napidns~, th1e waitress did even bring thosethCondiments on one of the occa ~~ ketchup, mustard, those are only brought were not typically on the table, as tar as sail and pepp wiNh tood on one ~f the occasions that I was there. During the lour visits, I never saw any customers order food or any of the waitresses bring any of they etas ~~in9 me on t at date and Imo, would sash g alcohol. Three of the occasions 1 was there, my pa ~~ ou~der food. On one occasion we didn't order any tood and did not observe anybody else in the bar eating. On ne oft a occasions noibuffet table was set upg Out of the threes occasions that a buffeter I'm sorry, o table~wa epoccasion.nThe tthird tmelt sawthe buffet~tablepsetup, I didn't see anyone ea ing from he on a I th'~k ~l~e dances have been pretty much covered as to how the waitresses conduct their dances, inclu:~ng the dances~oon e~i''s tab es a table dances that were conducted by the individuals, individual waitresses at, the cu The only thing'elVanessa owho responded to our table andBstated that sl~ie was trhere for entertainment waitresses nam rent) Mr. Bennion was unable to hear the purposes and not for serving food or alcohol. When apps Y conversation, Vanessa seated herself right next to me in the booth where we were sittite~Sat~'ven ha close to me and explained to me that she had two breasts and I told her that was apps told me she had t'rheaea ~p~~ ~h a o-worker who at oneftime stated that hehad three ntpplesi At nipple was, since that ti s do I have? Aind at that~time tMadonna tok! her, Vanessa yo ~ only have~two nipples. ow man nipple Vanessa then proceeded to tell me that she had two perfect nipples and leaned very close to me with her breasts, probably, less than a foot trom my face. Placed her fingers into the bra area of her top and exposed both of her breasts eo a ~~ ~ Mir..., I was able to see her entire right nipple and a portion of her left nipple, the upp 11/13/95 Page 18 SUMMARY/ACTION AGENDA, Anaheim Cfty Planning Commission, November 13, 1995 ~} On the tourth occasion, l responded there wRh Investigator Pollard and he's going to come up and talk shortly about the table dance also conducted by Vanessa on that occasion. John Poole, Code Enforcement Manages. Next we'll have Anaheim Police Officer Jay Pollard. Jay Potland, Anaheim Police Officer. Good Afternoon, Investigator Jay Pollard with the Anaheim P.D. Much has already been said about the dancing and the environment there at the restaurant. I would like to say also that I saw nobody else eating in the bar on the two occasions that I was there with assisting investigator Miller. I guess my portion is to speak to you about a table dance, that I obtained from Vanessa during a ..., on the October 24th, Investigo OMhe fir, ie the comer of aas requesting a table dance and she escorted me to a isolated ports booth. She had me sit down and sha dropped down to her knees and crawled between my tags, gushed them apart and simulated oral sex with me for approximately thirty (30) seconds and she got up and went on simulating intercourse by lowering her groin down to mine, gyrating back and torth. She :~Iso grabbed her breast in both hands, massaged them on a couple of occasions and told me, if ! look closely that 1 can see her, her nipples through the material. She was wearing a white camisole, type material and told me that 1 can see her nipple, ff I looked and, and I dkl look and I could see approximately half of her, uh, areola* through i.`a, the material. The table dance lasted for approximately three minutes, entire length of a song. At one point during the table dance, she looked into my eyes and, uh, said something to the effect of, wow, your pupils are dilated. 1 took this based on my experience, as a Police Officer, in the area of narcotics, to intor, inter that she though I was under the influence of drugs. I told her that I like to party and with that comment she said, uh, I like and attar theidance was over she ecorted me back to fwhere Investigator Mille was and the paid her the ten (10) dollars for the dance, that's it. John Poole, Code Enforcement Manager. Thank you, next, we'll hear from ABC Investigator Jerry Dina. Acting Chairman Masse. Jeny, when you give your name, could you spell your last name too, please? D.I.ZA. O.K., on April 5th, 1995, an Jerry Dina, ABC Investigator. Sure, Investigator Jerry Diza, application for a transfer of a Ilquor license was received by the department. It was from the Dahds transterring over to Montebello Hospttality Services. On April 13th, 1995, conditions regarding alcoholic beverage sales were signed by George E. Gray who was the supposed President of the corporatian of the restaurant, excuse me. One of the conditions that was agreed to was, reads as follows: The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of tood during the same period. The licensee should, excuse me, should st all times maintain records which reflect separately the gross sale of food and the gross sale of alcoholic beverages at the licensed business. Saki records shall be kept no less freque:~tly than an a quarterly basis and shall be made available to the department on demand. On September 7, 19..., excuse me, on September g, 1995, the department requested sales receipts and purchase invoices for food and alcoho~ilc beverages. Sales receipts indicated, excuse me, sales receipts indicated, indicating separtde tood and alcoholic beverage sales were not submitted, F~owever, purchase invoices 11/13/95 Page 19 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 were submitted. The purchase invoices seem to indicate that atcoholir, beverage salsa exceed the sales of food, which Is in violation of their ABC License conditions„ John Poole, Code Entorcement Manager. Does the Planning ~ GIs reloport?vit note Iiwill concludef these staff members or Karen Dudley, who presets... or preps the presentation. Commissioner Perase. I have one ..., John, uh, for the police officers. Was the person serving them or doing the dancing breaking any laws, that we can see? And were there any citations given, to the last two officers, police officere? John Poole, Code EMorcement Manager. The latter paR, there were no citations given, but uh, I'll tet them answer to whether or not there was a violation. Tom Engel. investigator, Tom Engel from the Police Department, Vice Detail. I think I will answer those questions fQr the police officers, since I have more of the information on the dates than they do. The General Manager Michael Nabarette has been issued two viol..., citations for violations of the AMC. For violating, entertainment permit, requirements and for operating violations of sexuslly- oriented business. He was also arrested and taken Into custody on one occasion and that was rc~n June 10th of 1995. The, at this time the on-going investigation into the operation of asexual-oriented business with~~ut a license was, is continuing up until this point. And we have not had direction at this time to go out and actually arrest anybody else, at this time. `~ Acting Chairman Messe. O.K., does that answer your question? Tom Engel. We're gathering Information. Commissioner Bostwick. 1 have a question for the, ABC. What type of enforcement are you taking about not keeping the recocdat..., records and has the license been changed hom ..., from the tormer owner to the present. Jerry Diza. O.K., to your last question there, no. The transfer is pending, we're still doing our background Investigation on that. I'm sorry the first question, I didn't catch. Commissioner Bostwic~. What type of enforcement action do you do for not maintaining the records as required. Jeny Dina. Well in this case, because its a, its a transfer and its on a temporary permit, what we would do is Just, uh, basically, not ,- vprove the transfer. Acting Chairman Messe. A d when does that occur? Jerry Db~. We're currently w..~icing on R. We don't have a set date, but were looking to have it completed within 30 days. . Acting Chairman Messe. WithEn 30 days? i " ~.. 11/13/95 Page 20 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 Jerry Db~. Right. Acting Chairman Messe. Then the outcome would be, without a Itcense they could not serve liquor? Jerry Dina. That's correct. Acting Chairman Messe• Thank you. Commissioner Henninger. Let me ask you a question about the record keeping, is that based on a wholesale cost basis or the retell? Jerry Diza. What it was, was they, they submitted purchase invoices. Basically what they were buying from the distributors, for food and alcohol and again they dkl not keep separate sales, excuse me, separate receipts for food and alcohol sales. So we were not able to look at those numbers. Commissioner Henninger. So your normal condition is to, base that on they're retail sales amounts? Jerry Dina. RIgM, there suppose to keep separate records of both, food and alcohol sales, which again, they have not. Commissioner Boydstun. How long is a temporary license good tor, when they're in the middle of a transfer? Jerry Diza. It's usually for four months, but we can issue it for leas. Commissioner Boydstun. How long has :his one been in effect? Jerry Diza. They're on their second temporary license right now, which would have been from April. Commissioner Boydstun. Why did they get a second one? Jerry Dtza. Because the department was not completed with the investisation. Acting Chairman Meese. Any other questions of ABC or any of the staff? anyhow, anyway fifths type of enclertainmentcpermit they navel the types o dancing?rovide does this John Poole, Code Enforcement Manager. The entertainment permit that, that they have the applicant stated, and believe there is a copy in your packet and if not I'll have staff get a cope danc nir There is application and present it to Commission, states that there will be bikini go•go sty 9• nothing in the 9r>tertainment permit that talks about the dancing at the patrons ~.ables or adjacent :o the patron, there is nothing in that entertainment permit. Fite on~y thing the entertainment permit allows is for the waitresses as an incidental part of serving food to provide bikini go•go style dancing on a raised stagewith a 6-foot separation. Commissioner Boydstun. Then why hasn't their entertainment pernht been pulled, since that's not 11/13/95 Page 21 SUMMARY/ACTION AGENDA, Anaheim City Planning Commissbn, .November 13, 1995 what they are doing. John Poole, Cede Entorcement Manager. One of the things, and 1 think I need to make this clear for Commission, because I could kind of sense some concern whyo Morcement activity,, we wilnt action on some of the things that You heard today. On certain types investigate for some time and then we'll take action, that doesn't mean that we're not going to. We are booking into these things, uh, on any violation we have up until a year to file a request for a criminal complaint. So none of this is torgotten, we are tnvestiga4tng, we might betaking action in the near future. Acting Chairman Meese. Alright,) uh, this >s a public hearing, so I would ask, ff there is anybody..., I'd like tti ~ waiti~ngow o1a~n he, has had o ~p~who wish to speak, 1, 2, 3, 4, 5, ok, this lady has been pa y Mrs, Lewis, 1241 East Street, Anaheim. Thank you, Your honor ... Acting Chairman Meese. You've had some false stags, so. Commissioner Bostwick. Please don't call us, your honor. Mrs. Le~errumions.i We thought you were dismissing theme whole thing so I apologizea~ I apologize for the int pt Mre. Lewis, My name is Mrs. Lewis, I live at 1241 N. East Street, n hont of me,~i have you rnoteser '~ taken with Mr. Poole"s responses and possible I esg o~ 9M sway 26a, ff says that the Sweetwater concerning the Sweetwater's Saloon and on pag Saloon, this whole thing, uh concerns Sweetwater Saloon, that the approval was obtained by fraud. Acting Chairman$ Mn>~~ to terminate or•modity conditions of th s CUP sodon't ~t we could find, that we ccald Mrs• Lewis. Now, o.k., but I just want to know to substantiate that it was obtained by fraud, what does it take. We've had five (5) officers attest to the fact tit lewd ~ond~ 'Redo ng toU ooy ~n~ a ~ thing their pnisence, when we call the Folice Department, ey say Y unless they see ff for themselves. Now, we in this hearing have heard flue (5) officers attest to the fact of the lewd conduct and we all know what prostitution is and yet not one citatt h was gi~e~n tc yeit in Lewd conduct. Then Mr. Poole, bless his heart, in spite of my hard of hearing, a happe my good ear, and he wag on his knees talking to the detendant here, the people that want the license. He was explaining to them, how to get thrc+ugh the loop holes of the law, how to keep their license. I would Iilce to ask you, your honor, if you would have the owner of Sweetwater Saloon stand up for us. And the r e scoanllsa because we're peakingiup against this place uNow could yourdo the f or ~tening calls, ang Acting Chairman ~Messe. Yes, I'm sure he will stand up to testffy Mre. Lewis. Well, no, he has his attorneys here, I don't think he wants to stand up• I don't think he wants to be recognized, but uh ... 11/13/95 Page 22 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, Nover!~er 13: 1995 ~.! Commissioner Henninger. n would be real helpful to us, if you could tell us, ... Mrs. Lewis. What the, what the... Commissioner Henninger. Te!r «, tell us about the Sweetwater, what problems your community is having with iL ~Irs. Lewis. O.K., just a few, o.k. The loud noises, the nudity, oh by the way a bikini is not a g-stt'1n9 and that's what Mr. Poole kept saying, the bikini. But when you go in there, it's a g-string, there is nothing to cover the buttocks and there is very little to cover the front. And the top is not a bra, iNs almost near a pasty so I lust though 1 would mention that. Drinking outskfe in the parking lot, lewd conduct -when those of us who have had families go in there tom ti~%mi ~ of theo ~ offered as you heard from the officers. Drunken orgies iambs ~ d~ s buming of ru~ber as they exit Sweetwater, firing of guns, disorderly conduct, betting, g n9. ~ the parking lot of the saloon and this starts hom 11 o'clock and goes on until 2:30 sometimes 3:00 o'clock in the morning. Prostitution, drunk and driving, o ~s~ Wei have a petition h re youru honor, second, here. We request those who have signed these petitt that their names... Acting Chairman Messe. You, we are not your honors, I guess ... Mrs. Lewis. Well, I'm giving you, because your the chairman ... Acting Chairman Messe. Your giving us the benefit of the doubt, I know. ..~ Mm, Lewis. O.K., we have a petition here, five (5) pages of individuals living in and around the park, that do not want the Sweetwater Saloon in, in business. Now, adults can do what t lice there and the however, when it involves breaking the law blatantly, sometimes even having the po police fuming their head. Now, I didn't get the IicQn ~i dui ~n do as they choose, rpight ~ r they would be on this program too today. But, I'm saying wrong, but when their doing wrong, don't bring it across the street from a church, don't bring it into our neighborhood. We are not even, what, 50 teenf~s tto aa~ ~ f~ frpm~he reskfence c1,000 teat leas than 40 feet across the street. Ths law says that Mr. Poole, at tram the church or school. They broken both laws. Now, we have the feeling here, this business in Anaheim at its present location. least I do, Mr. Poole has a bigger interest in kee~'ngf ou can't stand up for what's right and for Now, if that's true, we will make all of you pop y lice oNtcers stating, what these people have justice and you have your eyes so blinded with flue (5) po done in breaking the law, and you ~n'ou make th~right decision,rl pray You makeithenright decis onf entertainment this should be. I hope y Acting Chairman Messe. Thank you. Mrs. Lewis. Hetl, has no fury, Ilka a women's scum and I guarantee you, it the decision is wrong you've inherited mine and I wont atop until I get a decision. Acting Chairman Messe. I have been duly threatened, o.k. 11/13/95 Page 23 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~1 Mrs. Lewis. I'm not threatening, that's a promise. Acting Chairman Messu. Is there another speaker, Please. Betty Jean Haro, Del Este Mobile Estates. How do you do, I'm Betty Haro, Betty Jean Haro, I'm the manager of Del Este Mobile Estates and uh ... Acting Chaimran Masse. Could you spell your last name, Betty Jean? Betty Jean Haro. H.A.R.O. Acting Chairman Masse. O.K. Betty Jean Haro. Dear Planning Commission, I'm going to read a, tt's just a rough draft here, that I did. I didn't ..., being so busy and I'm a new manager. And so on July the 15th, 1995, Sa4urday at 3:00 p.m., my husband and I were moving to the new Del Este Mobile Estates, posttian as managers and, uh, our car stalled, on the 91 off-ramp, lreeM-aY, and the off-ramp of course is East and Raymond. So, we already had tt overhauled and everything while tt stopped right there. We had our two nephews in the back seat to help us move, all the ttems, and so theu$ ~ us into the Sweuetwater ss the highway, I was atraid 1 was going to get a ticket. And so they p Saloon parking lot, now remind you, it's 3:00 o'clock in the afternoon, and so I though, gee,lt~sdios something niceal was hinkingt ofsheoldifash oned saloo'In~ Iiko they have iniOklahoms. ~ '~ Well anyway, so, my husband gave me a Jug and he asid well you go in and get some water, and so I weM in and I approached the ernrance and mercy tt was so dark, I could hardly see, of course tt was bright Juiy, hot day. So, I go in the errtrance and this pool table is right there in the way, there's nothing on tt, tt's just a pool table and you have to walk around tt. And so as I was walking around tt, the bartender I could see from a shor! distance and he said, stop right there. So, I said oh my goodness what have I done. And so I stopped right there, incidentally that man is here, but I won't point him out. And so he was like in a little strawligM, a~ a w~hidte sntaarch~edvshiratnand he sa d, stays buttons were, were very visibiitty. He looked very nice, where you are and so I held up my jug and I said, could 1 please get some water. He said your car stalled? And I said, Yes sir. And so I thought in order to oblige him, well, I kind of took a couple of spaces tonHard and he come to me, and oh my God, I had the shock of my ilia. Here's three little naked girls, I mean they looked naked to me, I couldn't see nothing else.irYoa knostwand he weed I couldn't believe what I saw. Two were sttting and one little girl was hugg g Ro doing these obscene gyrations, up and down on that post. I didn't ses anything on the top, nothing, and she had just a string up her buttocks. Well, I have a daughter, I have grandchildren, tt hurt me so bad to see these beautiful little girls, they were ..., they looked 18 or evhe wasnvery obliging to me and because I'm a grandmother, great grandmother end I just .... Anyway, I appreciated what he dW fnr me, but tt took me days to get oth this tpo~see~ of toebe c osed. eWe young girls were doing and tt just, 1, I Just needed to tell you, can't have anything like this in our backyards and a~oss yc ~lw~ me~your t me! like crying now because that such a thing like this exists and I appr Acting Chairman Masse. Thank you. 11/13/95 Page 24 November 13, 1995 SUMMARY/ACTION AGENDA, Anaheim City Planning Commissbn, Batty Jean Haro. And uh, I de hype its nd thank you for your~timeis place and tell that young man that gave me the water, I apprec Acting Chairman Messe. O.K., thank you Mrs. Haro. Next speaker, I think there were three (3) more. Does anybody etas wish to speak? Come torward, sir. nnwris Jones, 1337 N. herons, Anaheim. Mortis Jones. Acttng Chairman Messa. Mr. Jones, could you tiff that microphone up? Mortis Jones. Sere. Acting Chairman Messe. There you go. Morris Jones. I'm Mortis Jones, J.O.N.E.S. I live at 1~e SweMetwet~er+ l~l~nhi~ an extension of its,~e meeting today,) though that, 3here was a request by permits and I had prepared a lit+Je speech about that. But, when I came and was given the report from I assume the staff of the Commission, l ~ itced t ~t nmuch f~f, wo Id tere several concerns that 1 modify and I'll be up hont,l would appr have, and I think I speak for many of the neighbors that live there. We're right, this saloon is right on the edge of, as you know, a residerrtisl area, right across the street is where the residential area starts and h goes all the way, almost all the way to State College, well at that potM it does go ail the way to State College and it's mostly single-family dwellings. So, it's hard for me to understand how a saloon and especially one that offers semi-nude entertainment, as has been described by the enforcement officers, should remain on the edge of such a community. One of the things that bothers me is that the neighborhood, a part of that whole community that I live In, is right on the edge, only three (3) blocks trom the saloon and I'm not specifying any particular violations because 1 don't go near the place. So I don't see the violations, but one of our concerns is thai~ dpi ~ makes ou~community ur kind of a neighborhood and the second concern is that they..., our neighborhood a lot less safe than h was before, the combination of sexual stimulation that goes on (here along with the, lessening of the inhibitions that are brought or. by alcohol consumptions seem to us to, pose a very real danger of sexual assauBs being take..., being shade upon our women and our girls. And so for that season also we would like to see, this Commission if h has the power to revoke the permits under which this establishment works, we would Ifke to see that donwers tthat do not have the power to revoke then we would Ifke to see them recommend that to the po have, the power to revoke. Another concern is, is that this~kti w w ~ there ~~~ and they came pn ~ value in our neighborhood and we don't think that's tair, Later. And now that, step by step they have accelerated, their, their kind of entertainment to that point where w v)aluesecontinue tto dropbl Whowarris to buy that core to )that kind of establishmert. Ise the property There's another fourth concern, that I'm not sure how many people would share it+ but 1 have a great concern for the degradation of womanhood that takes Place here, now that's not a vialata$ Wfrata ou could put your Linger on, but the whole description as it's given here in this aloft report, listening to the officers, says that these people are degrading, not only those girls in using them, but they are doge din ~w~~` Wou~ o~ ~t this Commis ion woukf Litt their npermi's end close they lug modifying pe 11/13/95 Page 25 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 L~ place down. ~ . Acting Chairman Masse. Thank you, Mr. Jones. pp*~s,,,~ ~~ nsae by the audience. Acting Chalrrnan Masse. I, we would appreciate tt, N there could be no applause. What happens is, speakers? I Is the operator herehdoeti he wish to say anything in reshponse? it ears. O.K., any other Mrs. !.awls. She has some pictures she would like to submit concerning the Sweetwater Saloon. Would that be O.K. at this time? Acting Chairman Masse. Its certainly, once you submit them they become our property, you understand that. Betty Jean Haro. Yes, that's Sine. Mrs. Lewis. As long as they don't get lost. John Poole, Code EntorcemeM Manager. Mr. Chair, betore we hear from the operator could I just finish a couple of points. Acting Chairman Masse. Surely. John Poole, Code Enforcement Manager. I think would really be important to tfilk about. Acting Chairman Masse. Alright, just hold on, there's some other..., there are photographs being submitted and then we'll ... Betty Jean Haro. I have f33 signed letters also from the park. Acting Chairman tihesse. O.K., there are 63 letters ... Betty Jean Haro. Yes, sir. Acting Chairman Masse. And some photographs that are being submitted. Betty Jean Haro. Along with the pictures. Acting Chairman Masse. Thank you very much. Betty Jean Haro. Your welcome. Acting Chairman Messo. Mr. Poole. John Poole, Code Enforcement Manager. What I walled to get into the record prior to the property 11, ,oj SUMMARY/ACTION AGENDA, Anaheim City Planning Commission., November 13, 1995 owner or business owner spea~ng to 1g69sthat was grarrtedni the~sale of Ueetr edndi wineUse Permit No. 1082, that was the perm rounds: conjunction with a restaurant, be terminated based on the following g That the use or variance for which such approval was granted has cease to exist or has been suspended for one year or more. They currently have a full Liquor license. Also recently we met wRh the property owner and the business owner and the business owner's attorney and the Lady that mentioned that I was talking to the business owner, I was actually talking to the business owner and the business owner's attorney, not to give them a loophole but as Commission knows many of these things we try to work out condkions with staff chat dlo at that timeobl~ ~fore~you give... , make a situation better and that's what I was attempting in the report, you have a list of conditions that staff is recommending for modification of Conditional Use Permft 3422, based on the tollowing grounds that the permit or variance granted is being or has recently been exercised contrary to the terms or condRtons of such approval or in violation of any statute ordinance law or regulation, I think and that's something that the, business owner's attorney certainty will Speak to, I think there's an agreement on both sides that wRh most of these conditions. But, I think that these conditions that we're recommending will go a long way to restore that business back to what it's suppose to be, a restaurant with alcoholic beverage sales as an accessory use. So, with that that ends our presentation. Acting Chairman Messe. Thank you very much, Mr. Poole. Alright does the oporator wish to address us? Dennis Sciotto, 1288 Sea Coast Drive, Imperial Beach, 91932. My nameuschDaesn~i 1hei~operty S.C.I.O.T.T.O. I am not the operator, I am the owner of the property. p approximately 1988 and ... Acting Chairman Messe. Can we have your address, Mr. Sciotto? Dennis Sciotto. My mailing address is 1288 Sea Coast Drive in Imperial Beach, my zip code is 91932. Acting Chairman Messe. Thank you, proceed. Dennis Sciotto. When I purchased the property, I.was never involved in the day to day operation of the business and the property was an existing barbecue restaurant, called Joey's Barbecue. After a number of years the, the owner that I was dealing wRh walled to oxi~ a buSeptember, it's been ao someone else, that operated it as Joey's Barbecue. Back in appr ty~ business that is always had been struggling and back in September of 1994, I was approached to lease the property as, excuse me, Buckskinner'; 9arbecue. And, Buckskinnere operated in September of 1994 and somewhere in the first quarter of 1995, asked for a lease assignment to join ventures with Montebello Hospitality Services to operate, uh, the business as Sweetwater Saloon. Last week, the latter part of the week, h was my first meeting with Mr. Poole, I had discussed, made contact with him earlier in the week and we had met towards the end of last week. I've been made aware now, of what the existing operation, I had talked with Mr. Poole and also spoke with the tenants with therexisting CUP requirements alnd also they would Uke to ttry t conlformewith MrfPoole and them i 11/13/95 Page 27 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 (i the City is asking. Acting Chairman Masse. Very good and do they have representation here today, the operators? Dennis Sciotto. I think they do, yes. Acting Chairman Masse. O.K., thank you very much. Dennis Sciotto. Thank you. John Weston, Attorney, 433 N. Camden, Suite 900, Beverly Hills. Good Afternoon, Mr. Chairman, Members of the Board, my name Is John Weston, W.E.S.T.O.N. and I'm the Attorney for allontebello Hospitality, Inc., which is the owner and operator of the subject premises. I appreciate the opportunity to come before you this afternoon ••• Acting Chairman Masse. Mr. Weston, do we have Your mailing address? John Weston. Yes, certainly, 433 North Camden, like Camden New Jersey, Drive, Suite 900, Beverly Hills, CA 90210. Acting Chairman Masse. Thank you. John Weston. Thank you, sir. I appreciate the opportunity, as 1've indicated, to be here and I .,_ certainly will try not to over stay my welcome. Obviously, the previous matter was quffe long and I know you have additional calendar matters this afternoon. I've been practicing law for over 25 years and at different times I thought that dlHerent areas of City Government, or County or State Government, or Federal Govem~ boards like yours Dave p obably the seems to me that in this time of ~JIMBY (Not to my backyard), most ditficuff task of any governmental body in the sense, that you have to referee or arbl`aats or resolve the disputes amongst people who can't agree about the size of the table they should sit around to talk about their differencos, let alone to find any common ground. And yet, obviously, such boards as yours are necessary and, and all to often I'm sur to do, bn connectiton with this, and which unappreciated. And yet, this is what we obviously must try is to try to find areas of tocusing on what the issues are and to the extent ff possible as opposed to yelling at each other. And, 1 clon't mean Ahe..., the applicant yelling, rather the permfftee yelling at the board or whatever. But, the different points of view seeking to be heard ob~ ~~ isdsomething thaYs g by trying to yell at each other. It seems to me that what we tocused here, repeated in many dffferent ways around the country and that is simply that we are a nation of Ives diversity, we are a nation of different views and a nation of dffterent interest, uh, and perepect And, unfortunately, not withsta..., withstanding the fact that ours is a large country and we have lots of people. But, ff seems that the ability to deal with the divereffy in a way that is both civil and accommodating, seems to be, uh, as illusive as clean air. I would like to make a number of brief commemts, with respect to those things that have bo^e ~ said. Number one, inffially, with respect to the comments of Mrs. Lewis, I warn to categarically deny the implication that she said that there were unpleasant phone messages which were coming t.a her, with 11/13/95 Page 28 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~.. respect ... Mre. Lewis, No, I didn't say to me. Acting Chairman Masse. Excuse, uh, we can't have any cross conversation, continue, Mr. Weston. John Weston. Thank you, Mr. Chairman, as I heard, uh, Mrs. Levels speak, that there were telephone calls that were "~ her she certatniysmade refereo that regardingtothers who are Espous ng* her weren't coming , view point. I want to categorically deny without ex~pti ~~ is hls~ ue, and tol the extent that any calls whatsoever that have bean made to anybody there was an implied threat, uh, that's unjustified and we reject lt. Secondly, with-respect to the observations or it not observations, the spec~~if spec~t to the location, made with respect to drunkenness, gambling, prostltution, and whatever, we similarly deny, reject and categorically dispute the occurrence of any of those activities on the premises, inside or out. And lastly, w'th respect to Mrs. Lewis' comments, and I only feel they're appropriate simply to set the record streight. nse~counsel trying to he p them toxin some sense to find~loo~pholes in theilawr, welln front of the date giving the testimony of the police officers, I want to m(eS ~ he eein this building or lan tother time,o whom she referred, Mr. Poole was not on his knees, p ~~, Mr. Poole has bae to insist on compliance and although lt is trueeMr'f Poole hail ertain Y functioned ,,... posltion clear and as a gentlemen, as, as everyone we have dealt but olhernstaN memberehwho we en that objective as and the lady on other occasions not Mr. Poole, whatsoever, or no actions opposed to gentlemen. There's been no, whatso..., no, no indication, whatsoever on the part of Mr. Poole, that would be inconsistent other than ohep~ Sent ni$ pity, uh, being, uh, a dedicated and public servant, unswerving in his a inagneo du a is despicable, inaccurete in the implication that elther he or I would engage in anything ppr P~ and ought not to stain the reputation of a fine public servant and head of his staff. It seams to me that the primary issues that we have before us, and I want to, want to say before mean today's hearing, gettiryt into the substance of issue. That this has been, and I don't necessary although in ltselt ~ the o ~ mment functionsiwlth nnotice to permnltees and an articulation of what the com.ext of the y 9 the co roe ~ to the attention~of managemeM,~and halve already been he subject of sluic responses. were b ug that my I want to make clear to this board and to anyane else who is within the sound of my voice, client, Montebell~ousssmalllerSmeetings withdstaff, in terms ofhwritten commu tniwcations whtch wereosent today and in p, e to us, to make changes in the nature of lts business operation, to take advantage oft e communication so than i ilso if into comple•.~compliance with whatevrer are$fhe tawfuobligattonseof the acted upon and to b 9 permittee under the circumstances, and 1 want to state that, uneyuivocably, and so that there is no 11/13/95 Page 29 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 misunderstanding on anybody's part. And, ft has been extremely helpful to nave the opportunFty, to have tntormation submitted to the permittee so the permfttee could be made aware of certain situations. For axampio, as Mr. Poole indit~ed~~e was one pool table in~excess of:ihe two suggestion, not a suggestion, but a report ~~ was a statement maximum, uh, that sftuation was remedied almost immediately. Secondty, made in writing and telephonically that there was an unlicensed trailer whiceliminat~sd~~ ~~san office on the property and adjacent to the structure. That was acted upo I table and on appropriate simply no knowledge that there was a problem with either that or the poo communication, steps were taken almost immediathty~ ~t is simply interested In ignorin9lwhathe this is not a scofflaw permittee. This fs not a perm permits permit and what the laws and requirements are. I think that the primary issues, which were expressed to us and which were contained in the written materials were simply that the CUP that was issued to this location, some years ago, ~stion away restaurant and that there were..., perceived certain changes which were moving the opera from restaurant operation and instead to something else. I want to comment briefly on those, uh, just simply so we're clear with respect to it. This is not a business which has been changed to be a Kawasaki a Yamaha or a Kawasaki, retail sales outlet, uh, yes there have been some physical changes within the location, of which frankly from the perspective of management, uh, it was unaware..., management was unaware that there were additional permits that were required or frankly that there was any CUP issue, at all, that required addressing. With respect to any plumbing or electrical permits, after Mr. Ycurstone visited the location in June, and issued a citation ~h~h fe8pe~ to the the appropriate professionals out, plans were submitted and plans were app electrical and the plumbing. With respect to any other plans, we are not aware that any building " permits are required for the two slight modifications that were made, neither of which were structural, nor in our judgement, nor has the..., has the City told us any different, where any building permits required for the construction of the bar, the full-service bar and the construction of the small stage. If permits are in tact required plea'l~ fst~aa dr~~hing chat needs to be done, whll immediately be done attention, they will be swiftly app thereafter. The iss and one of which seems to have had greater Locus today~thae wa previously indicated a dtt reports I'll speak about them in that order. Number one, this is clearly a location which both by its ABC permit and by the conditional use permit which was granted by this board, some years ago, is for a restaurant with accessory alcohol. The suggestions which have been made certainly indicate o~ oe~pr avid nag f~ a~tli~~e~~~Uons and establishment has moved away from the primary p rp Investigations would reveal that irrtentionaity there were dltterent sources this is a location which has alcohol consumption and so forth on the premises. Let me suggest this, not flourished as a stand-alone restaurant. For whatever reason, K hasn't, K simply has not, my guess Is that in every city in America, certainly every city In Southern Calitomia, there are scores and scores of stand-alone restaurants which have not been able to flourish in there tough economic times and they have efther gone out of business or available for a swl~ien hopes were high and welived in apeful entrepreneur paid or put into the businesses years ago, different economic time. My corporate client acquired this location with a different a entrepreneur" `~I`- 11 /13/~ Page 30 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 concept. The concept frankly was to function as a restaurant with ancittary alcohol, but with the addition of entertainment, on the theory, that the combination of full-service restaurant with alcohol and the entertainment in a somewhat "spilled' up location, in terms of establishing a full attractive bar within, in the nature of the bikini dancing entertainment would bring customers in, would bring patrons in, in numben:ltha~dw~i ~ to patronize such thetithe businesses coukfnremain and stay open. operations where peop It seems to me that what the thrush of the City's observation has been, is that in their attempt, and in their attempts to make the business succeed that Montebello Hospitality ha~peedrha~ w9hij ~ is that of a inadequate focus and inadequate attention to maintaining the primary perm restaurant and afull-service ,estaurant. I bring to the attention of the board and I make this statement based on personal knowledge that this was first brought to us, our attention, about four (4) or five (5) weeks ago, uh, following my call to the authorities after there was an initial notice of a CUP re'wtt8ttthe hearing. 1 was uRimatety forwaMed to Mr. Poole who explained to me, in no uncertain terms, requirement was, that this had to be a restaurant first. That it could pat be operated in terms of financial revenue as anything where the revenue from sources other than food become more than 50%, that tt had to be a restaurant. And, to the extent that anything was done that took away horn either the perception or the reality that this was a restaurant, it made the business in violation of the permit which this board granted, let alone other posaibilfties. We, when I say we, I'm not a principle in the business, but my client immediately expressed appreciation for the information and took steps to, once again, ensure to the greatest extent possible that the revenue from food would immediately began to increase and return R to the minimum 50% ,~ requirement, under the CUP and other relevant permits. For example, it was brought to my client's attention that there was an undercover visit and that certain food items, in other words, more substantial meals other than sandwiches. We heard testimony or we heard an obsanretion earlier this afternoon that the steak was not available and the filet migon was not available. It is my understanding and I so make that representation to, this board today, that since that meeting about 5 (five) weeks ago, and even somewhat before that, that with the exception of one circumstance where a itemmonthe menu bas beenf u y available~at a/ times for any lperson entering~the restaurant at"d every requesting any item on the menu, number one. Number two, with respect to the items of the buffet style, much of the testimony this afternoon occurred during the so-called 'happy hour' in the late afternoon and early evening when the buffet was available for patrons. My client is dedicated to the notion, that if 'his board has given it, not if, but insomuch ss this board has given it a CUP which requires 50%, minimum food sales, then my client is going to ensure that there are 50% minimum food sales. My ciient has advertised with respect to full meals. The client is doing everything possible to enhance the attractiveness of the the obiinations aresofhthe food requirements in connectionhwittr tha CUP,lthat thistboard hasYissuedat 9 I want to note with respect to the asserted modification of the, the yoo-ca~ledawah p~ ~tyou will note kitchen area. There's been no modification to the kitchen area, that there is a very substantial kitchen, there's a very substantial storage area and a very substantial clean-up facility, that remains. Yes, it is true, the waitress station was converted into a bar, but the reference to the cook station, uh, and that somehow that has been removed, with all respect to staff 11/13/95 Page 31 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13,1995 ~1 who generated the report, that b simply not accuuate, that remains and that's in the kitchen, which la behind the bar. The bar is essentially a high bar that goes up from the floor and obscures what had h so that the cooks would be able to pass material out to the waitressAS at a 4ime, been apass-throng at en earlier Incamstion in the restaurant when ~~L~ ~eu~ of our knowledge,~thataremainsa coffee shop. Whatever the cook station was prig IY ~~~ andl to the extent that there. There was no removal of any true or traditional rrookirrg area, anyone should infer it u ~ ~ re of thistthat is nnot accurate and we warrtedaP crnlorrect that preparation of the rests i~mpreasion. when In the flrst meeting, that 1 had with the authorities, or a representative of the Police Department, we sat down and I saki would you please explain t~ ~ The flret question from the Police apartment questions we can answer and what we can do abcj to convert this into either some sort of a topless was, 'b your client going to convert this or attempt nse and the g bar, a topless club or a nude entertainment establishmerrt?n~ ~reSPo equivocably, ewithout question of the corporation was with me there at the time, the respo absolutely not; that is not the purpose for which this location was established and tt is not the purpose for which tt Is being operated. And, I want to comment on some of the reported observations, that war's Presented during the Ctty's portion of this and I 'will do so in a moment, but I want to make it very clear to this Board and to the community. This Is not a topless establishment. It is not a bottomless establishment. tt was not ioMendedotodbe~ e~ my ~ e~ ~ no M M on~ll it be so. R is not zoned for that, tt would be ~n a P ute tca~ r9 in it, or in anyway conMbuting to that. whatsoever, of permitting that to happe , al that came lrom the City and also were Now with respect to tho repots or the reported observations, provided by Mrs. Hero. this because she coukJn't tell what R was they were wearingf and I'll move on not able to see wail who with respect to the other statementr- is, this is not a evidentiary from that. What 1 would suggest proceeding, I recognize that. And the point is not, whether on crosa~t was seen was or what was sort of conflicting testimony, I could persuade You that would you, reported was not what was seen or whatever, that's not the point o't It. 'The point of ;t is, that my What was reported, is not what (the tape was playing, clients have heard and assimilated th~ ~ ~ s~ ~~t has been recommended will be but not recordkg for aPP the management in terms of being able to helpful in terms of assuringo~riata cpermits, roles,, regulaitions and legislation. comply with all o! the appr p Acting Chairman Meese. Excuse me, I hate to interrupt, but, will you be age restricting your clients. John Weston. Well, as you know the ABC requires, to eerml mf O' ~o a ~ the queati~onid lolrectlY+ Ironically, and you may have, N 1 may, I believe on peg ..•, g ~ I'm just trying to give.. Acting Chairman Masse. I would suppose so. to this. An one of the reports from the, Police John Weston. Give some intorrnatfon with respect it 1 may..., I'm sorry. Yes, Department there was a reterence to the fact that, one of the earlier reports, I'm looking at, R's an unnumbered page, at ttem number flue, attschmerrt one, ft you count the pages 11/13/95 Page 32 SUMMARY f ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~:, it'!I be page 13. Acting Chairman Meese. Yeah, we're pretty fami0ar with all the information. John Weston. O.K., I'm sorry Acting Chairman Meese. I, I just Kanted to know N, at the door, you're going to age restrict your clientele. John Weston. Well, historicalty, ~.:~ until..., may I have ono moment because I think you'll see wiWi my, quandary is, Sir. My c~;ent nad restricted age to 18, up until the initial meeting with the City. And the City said by doing so, you minimize i should say, you reduce the potential tor, restaurant patrons and so my client wishing to compty as much as possible saki, C.K. We though it was appropriate to restrict it to 18; chat was our goal. If you don't want us to, we won't. So let me just say it, whatever this Board wants with respect to the age restriction, be it 18, my client will do that N the Board feels that it's inappropriate, ac:9 I'm not trying to put the ball back, back into... Acting Chairman Mess®. O.K., I think you've answered my question. John Weston. In your court, with respect to that. The only conditions that I would bring to the Board's attention, and I want to say this, that this is in complete good faith. I mean we negotiated these, we listened to them, we heard the City's position with respect to them, and most of them are already applicable, and with respect to those that aren't we will embrace them, to the extent that they are passed. Acting Chairman Meese. O.K., we're getting down now to the cruxes, the conditions of approval. John Weston, Yes, sir. Acting Chairman Meese. O.K., let's do it. John Weston. Page 10 with reaper" to paragraph 8, line 2 with respect to the security guards, it notes that, the number of security guards shall tae provided to the satisfaction of, etc., as required by the Anaheim Police Department. As a lawyer, I'm always uncomfortable with the notion of total discretion. It would be my suggestion that the word "reasonable' be added. We're going to do whatever the Police Department says that's appropriate. It would make me, as a lawyer simply teal that, we would be doing a better job, in terms of making this situation clear for any further mattere with respect to this. If it was reasonable satisfaction, uh, as opposed to the potential for just unlimited and totally discretional satisfaction. Commissioner Boydstun. Does!;'t it say ono to three, it's not unlimited. John Weston. Yes, it does. Your absolutely right, it certainly does say that. Acting Chairman Meese. Any other conditions that your having a problem with. John Weston. Yes, with respect to Condition 8, the one we just spoke about with respect to the { 11/13/95 Page 33 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 security guards. 1'rn not sure f~ause there is a, a constitutionality aspect of that which I think is appropriate, but that these create the potentiab, that N this Board were to rule today these would be the condtions. That tomorrow, unless there had been one to there security guards, that they wouk! ba in violation of the modified condition. I know it's not anybody's Intention to create a trap,l would just simply suggest that there be a reasonable opportunity to comply, attar the consultation. And, perhaps add number 8 to number 19 which is the one with the time period within which to campfy. Acting Chairman Masse. Oh, you don't really mean, your going to need 90 days. John Weston. No, Sir, absolutely not. Acting Chairman Massa. So maybe we'll create another condition that says seven days or something. John Weston. That'll be fine, yeah, that'll be fine, sir. Acting Chairman Masse. O.K., we'll consider that, O.K. What else? John Weston. With respect to the cc:xlffions they seem, they seem reasonable, my client, ff they are, imposed will accept them and do its very best to comply, not only according to the letter of those conditions, but according to the specifics. My client wants to be a good corporete citizen of the City of Anaheim. We appreciatx the opportunity to hear the City`s roncems and ff given the opportunity to do so, we'll prove to the City that it will. 1 thank the Board for it's attention, ff there are any questions, I will be pleased to respond. Acting Chairman Masse. I think everybody had sufficient opportunity to speak. I'm going to close... Mrs. Lewis Interrupted and spoke from the audience section (not on the microphone), the words were not heard on tape. Acting Chairman Masse. Nm sorry, you've had your opportunity, excuse me, excuse me, excuse me..., there are other people that wish to speak, you've had l+our turn. (Mrs. Lewis was yelling from the audience:) I want it to be known that what this attorney said about Mrs. Lewis was twisted around, what ha'+r sfating to you is a twisted truth about Mrs. Hero, and I don't appreciate it and he gets a class (a) license for being a liar, but don't tell me that 1 saki Mr. Poole was not on his knees, he was on his knees and there were several others of us here in tuts... Acting Chairman Masse. Mrs. Lewis, we heard your testimony, excuse me, I have to stop... (Mre. Lewis was yelling from the audience:) But, ft's the principle of twisting our truth into a Ife and that is exactly what the Sweetwater Saloon business 6s all about anc k shouldn't be prohibited, I mean permitted. Acting Chairman Masse. You are not doing your cause any g^od Mrs. Lewis, please. (Mrs. Lewis was yelling from the audience:) No, money speaks louder than words and I guess you guys have your pockets full. i 11/13/95 Page 34 SUMNisARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~; Commissioner Boydstun. Thank you. A:.'ting Chairman Masse. Thank you very much, we all appreciate that. John Weston. Mr. Chair, I'm cony Sir, with respect to one condition, ft was pointed out to me... (Mrs. Lewis walking out of the audience, interrupted, but the words were not heard on tape.) John Weston. I'm sorry, Sir... Acting Chairman Masse. That's alright, go ahead. John Weston. Mr. Chairman, with respect to one condition, h was reminded, pointed out to me in the midst of my discussion. There is one point I do, I do need to bring to the Board's attention with respect to one condition, I'm very sorry, but I simply slipped it in my notes. Cammis9,loner Henninger. Go ahead. with respect to the bar and John Weston. Thank you, I'm grateful. With respect to item number 17, but that relative to the the ra?sad stage area. It is our perception, that yes those changes were made, underlying conditional use permit that those are not substantial changes, from the physical perspective of the location. And, we would ask that, th. finding be made that these are not substantial changris. However, to the extent that this Board feats that those do render substantial ~, changes then what we would ask, would be for the opportunity to submit plans, new plans to the board in connection with either a modification to the existing CUP on that ft te, sosthat that may beer 17 or that we have the opportunity to take such further steps as is appropria brought into compliance. Acting Chairman Masse. O.K. John Weston. Thank you very much, song to have had to bring back that last item. Gregory Tucker, 1340 N. Candlewood Street, Anaheim. My name Is Gregory Tucker, T.U.C.K.E.R. My mailing address is 1340 N. Candlewood Street, Anaheim, 92605. And, I'm the pastor and representative of First Church of the Nazarene, which is approximately 90 feet from the property. We want more than anything else for these businessmen to succeed as businessman, we really do and we want to be good neighbors to them. But, we also feel we have an obligation, a moral obligation as parents and as grandparents, as I know many of you are as well, but we thought we hav~a an obligation to protect our neighborhood and protect our chi',; :yen from some of the things, uh, that could be found in certain environments. I think back of the min who was here just, just before the break, I think it was a Kawasaki Dealer and how he spoke of the reason he wanted to move from point (a) to point (b), was because point (a) had kind of taken a tum for the worst and he didn't appreciate that and he, he found out through his experience what that was meaning to him and what that meant to his business. I always appreciate the work of an attorney and how i< Is they can represent their client so weU and I know this is a competent attorney who, who stood here before as I am right now. But,1 have to bring ~- 11/13/95 Page 35 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~~ us back to what the testimony was. Mr. M-~re you said I sat through the meeting as you know this morning and, and about a completety unrelated matter you made the comment, 'ft ft looks 11ke a duck and H ft sounds like a duck, then you know qufto probabty it's a duck'. Aril, I just want to remind this Commission that what we see through the evidence, overwhelmingly, not jua~t, not just sort of, but overwhelmingty, points to the fact that the motive of this organization, this comparry is not as a restaurant, but ft is as a bar, primarily with asex-oriented business attached to, or however, those are inverted, I don't know what the priorities are, but I think ft's very obvious. i think iYs a business's responsibilfty, as ft was our churches when we, when we come to a meeting such as this or when we apply for the appropriate paper: to know what we ne~cd, what's required of us and then to comply wfth those. And, I also appreciate the attorney pointed out the fact that when they found out about the plumbing, you know, they fixed the plumbing. When they found out about that trailer out back, man, that thing was gone. But this isn't 4or us, ft's not about a pool table and it's not about electrical outlets. It's about something much bigger and for something as a "father, something that, `boy" just put all that pastor stub aside, "this is something that gifts home for me. We just flat out don't want ft, we don't want ft next to our church. If somehow they can turn that thing Into a restaurant, my people would be over there. We represent hundreds of people at our church and my would be over and they would glue that restaurant their business and they would help them in every way they pGSSlbly can, but I think tho direction we want that community to go, to go for our children and 1 think the direction that you and also the City Council wants Anaheim to go, is probably not the direction that this would be taking us, from the'Pancake Carousel' way back in 1966. I think ft would be a wrong tun:, if we did anything other than terminate, the contract that has already been extended to these people. And so on behalf of the congregation of my church and just as a personal plea, I would ask you to, let the condftional use permits be terminated. AS a Sweetwater Saloon, per the evidence, does ~ operate as a bar within 1,000 feet of our church and also as asex-oriented business within 400 feet of single-family residential zoned property. Thank you, I appreciate ft. Acting Chairman Meese. Thank you, Reverend. One more? How many other people wished to speak and address us? One, two, O.K., three. We keep adding? Westley Dahd. My name is Westley Dahd, I am the owner of, one of the owners of Sweetwater Saloon, I owned ft as Buckskinners. 1 started (n, October of last year, operated ft strictly as a restaurant, I did not have a sft down bar. And, I trankty lost my butt. I Fut 590,000 into Swee..., into the Buckskinner's Barbecue and I could not make ft. Joey, I give 4;1m a lot of credft, he stayed a long time, but he couldn't make ft efther. He, had ta, had to quft. The businesses before that, I don't know anything about. But I do know that since I took a partner, that came in, made the few modifications that we've made, the business is much better. None of the things that were out, alleged have happened, at the Sweetwater . I'm, one of the floor managers, probably the one that gave you the water, I don't know. (Betty Jean Haro, speaking from the audience.) You are the one. Wastley Dahd. Well there's been about three or four diHererrt people that came in there, wfth car trouble and 1 helped them as much as I could. I'm eery ft you though I saki 'stop' because I didn't intend that. We are on the road to recovery and to make in a tew bucks, and having a good business there. Our entertainment, t keep telling the girls, the customers and everyone else, we are not an adult entertainment place. We do not take anything, have anything that you couldn't see right over here at the 42nt and Broadway theater. The girls dance on stage in bikini's and that's ft. They do the table dances and their requirements are that they are to stay 6' away from the customers during that i 11/13/95 Page 36 SUMMARY/ACTIOn AGENDA, Anaheim City Planning Commission, November 13,1995 dance, that's why we have doormen and, everyone. As one of the investigators said, there was a man who came over and observed the dances, that's wary he's there. When he's not there, I'm there. There is a manager on the floor at all times to see that none of these things, get out of hand and we try to run a vary nice place. The feedback that I get, from the customers that come in, they all tell, 'me we like this place because we get a little entertainment, we souk! have a cocktail, the food is good' and we do serve a lot of food. ft isn't 5li%, but we're working on that. And oh, and the steaks, when they came in and ordered the steaks, that was way back when we first opened up and 1 apologize, for no4 having those steaks at the time. But we dkln't have the supplier that would bring in the quality that we walled, at that point in Ume. You hit us right in about a two-week period, we dkf not have steaks available. They are available and I'll guarantee You, they're good, the best steak you'll get in town. That's about all I have to say. Acting Chairman Messe. O.K., thank you, Mr. Dahd. Selma Mann, Deputy City Attorney. Mr. Dahd... Acting Chairman Messe. Lei's wait until we close the public hearing, go ahead Selma. Selma Mann. I was just vrondering it Mr. Dahd is associated with the business at this time, N he's actually... Westley Dahd. Pardon me. Selma Mann. Mr. Dahd are you employed at the business right now? Westley Oahd. Yea I am. Selma Mann. Wouki you mind coming back to the microphone? Westley Dahd. Yes I am,1'm a floor manager Selma Mann. Floor manager at this time? Westley Dahd. Yes, I am. Commissioner Henninger. 1 chink he also said, he was one of the owners. Westley Dahd. I own a percentage, a small percentage. I retained a small percentage of the business in the, transaction. Selma Mann. The reason that I ask is that 3 reviewed the entertainment permit and there are qutestions with regard to that as to anyone that has, you know the ownership or management of the opera and you may wish to make sure that your IntormaUon on the entertainment permit is up-to•date, because 1 do not believe that Mr. Dahd's name was on there. Acting Chairman Messe. O.K. I think somebody else over here. Yes, this lady back here and then I think this gentlemen. 11/13/95 Page 37 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~~ JudRh Collette, 849, S..Roanne, Anaheim. I'll make this real quick. My name is Judith Ann Goltette, last .name is spelled G.O.LLE.T.T.E. 1 live at 649 S. Roanne, (r) as in Robert, O.A.N.N.E. Street in Anaheim. 1 represent my tamity and I also represent the West Gilbert Neighborhood Watch Group. We are here and applaud Pastor's statement about what we waM for Anaheim and R's future and for our children Also, when iw talks about a duck is a duck, 'is a duck, you know ft's a.duck. My son was chastised in school for running on the playground, when he was in elementary school. He split and didn't take the punishment. I got a phone call and when I confronted him, he said, I wasn't running, I was skipping. tt's a fine Tine between running and skipping, but that's what seems to be going on here. My husband and I managed restaurants f to offi e ff you care aabout tthe communiity that you are ~ You're not sitting somewhere in a corpora invalved in. Uh, let's see, bikini's. If you guys are going to go ahead and let this go through, then I, you had better specify what a bikini is labeled as, whether it's a 1960 bikini or ff it's a 1995, because there's a big difference on what skin is promoted there. And, what I would like tc understand from the Board, uh, the Commission here, is that 1 know that the Sahara Club had, a lot of hearing going on when tt first came in and wanted the topless or the adult entertainment. I'd like to know what loophole there is in the C'dy regulations or the Board, that allows this type of entertainment within our City limits? Commissioner Boydstun spoke but her microphone was off and was not heard on tape clearly. Commisstoner Henninger. Yeah, it's the Supreme Court of the United States of America. Commissioner Boydstun spoke but her microphone was off and was not heard on tape clearly. Judith Gollette. Is there any regulations on how close to afamily-oriented business. Acting Chairman Masse. Yes, yes there are now. Judith Gollette. There are now, O.K., Sahara is right next to a famiiy bike shop. Acting Chairman Masse. Not family-owned business, but to residential areas, to cfiurches too, yes. Judith Gollette. O.K., then today we have a situation... Acting Chairman Masse. There are specific places, there are specific places where these business can be located. Judith Gollette. O.K., today we have a situation where as Pastor stated, it's 90 feet or 100 feet close to neighborhood. Ar:d, I am selling those homes that are right acxoss t~ str 9 Ys ~~ ~ae'decl I didn't know I was putting families Into that neighbofiood. So, here. I know that Anaheim needs a lot of business, but Anaheim needs families and we need a 11/13/95 Page 38 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 community, and we need sate streets for our children, and we don't Head lewd conduct. Thank you. Acting Chairman Messe. Thank you very much. And one more speaker, someplace, there. Another one? O.K. the Sweetwater Saloon ~ol'm just a slave there, just like anHybod else that works a ~ job. uh, I work at Acting Chairman Meese. No pay, uh? Howard Wingo. No pay? Acting Chairman Meese. Go ahead. Howard Wingo. Not a great deal of pay, but, I also am a father,) have two teenage daughters and, I'm a family man and I lived 35 years in, uh, the City of Anaheim. And, the only reason i came up to speak, I think some of the other people spoke about ft betore, but ft is not the, a lot of the things that were said, the allegations that were sak! are wWely stretched. I, oh, they're not here anymoro, the two officers that came in. I work a lot of hours over there and the two officers that came in, I dkl see them, I know them, 1 know most everybody that comes into the place,) see them all. I work day and night there a lot of times and these, they sound awfully stretched I haven't seen these things happened and I'm there a lot. And, this, it's beyond me that, these sort ibf things are happening there because I'm there watching, I'm the D.J., I'm right there, I bartend. We serve a lot of food, trust me, because ft's a pain to get all the food out there. We have condiments on the table and anybody could come to and see that, there's silverware, there's menus everywhere. Acting Chairman Meese. What do you mean by, it's a pain to get food out on the table? Howard Wir.:~o. I'm just saying, it's more work than anything else. Food is, food is far more work than serving a drink. Acting Chairman Meese. O.K. Howard Wingo. As a bartender, I get the orders in, I take the orders, i give them to the waitresses. As a D.J., I'm constantly pointing out to the girls who needs to be served, who needs, who needs to get there. We have our stations and the girls get to the stations. ft is run as a business, as any business, ft's starting out, ft's starting out slow and building. And, it's not like I say, it's not completely, lewd like it's been painted. ft is a bikini bar, I've been into many of the other bars before, ft is not the same. I knovi most of the people that are there, I know there is a lot of people in this room, back here or up here, even, that i have seen come In the place and if you come in, you'll find out that ft's not, it's not the, tha lewd acts that everybody says ft is. ft is a restaurant, ft is a saloon and we do have entertainment. We have a loi of family people that work there, just because we work there, we~have mean that we're not family people and 1 understand and 1 appreciate everybody else says~Itave two tamilies and we don't want our families brought around this. I'm a good moral perso . teenage daughters. I do not see that, I'm pounding something down somebody's throat in the neighborhood. 11/13/95 Page 39 SUMMAFIY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 We've complied with everything the neighbor say, if 1heY ~Y K's too loud, we've gotten complaints because during summer we had no ak conditioning for a month. We opened our doors, neUmb ~ called up and saki it's too loud. We closed our doors, we toed inskle.not t ~we re trying to keep the busness gg ing and we're ~ng~° establish it as a good business Acting Chairman Masse. O.K. Mr. Wingo, thank you. Commissioner Henni ~ e ke o ~ s~ht~s to 9o iMo? ask you, the obvious question here. Is this the sort of work you wou Y Mr. Wingo. Is this the sort of work I'd 11ke my daughters to go into? Commissioner Henninge*. Yeah, being waitresses at five Sweetwatef~' Mr. Wingo. It wouldn't bother me, if my daughters went into ft, uh, I, I'm like anybody else. I would like my daughters to stove for the best that they can, not everybody, I mean, I, I don't have a college education, I have slight college credits, and I vrant my daughters to go o~ of me foribeingthwahyst I am. and 16, they know what I do. They don't hold any disgust. They are pro that's up to them. 9f this was a bar that maybe It's not something, if they made thek choice after 18, was topless or nude, no, I wouldn't want my daughters to t~ hat ~ ~•90, onto college get omething waitress some place like that, that's fine. But, i would pre better. Maybe, be an Anaheim City Councilman or something... Commissioner Peraza. Can I ask you a question, you work there. Mr. Wingo. Sure, yes. Commissioner Pera=a. For the people that's doing the dances, are they employees of the business? Mr. Wingo. Yes. Commissioner Pence. O.K., they're hired and they're employed. You pay them a salary? Mr. Wtngo. Yes. Commissioner Peraza. O.K. Commissioner Boydstun spoke, but was not heard the microphone was off. Mr. Wingo. No. Acting Chakman Meese. You, indicated that this business was quote not... Mr. Wingo. I'm only speaking for myseH, no, I get pay, I get paki a paycheck, just like everybody vise. Commissioner Peraza. But I'm talking about the waitresses, the gkls. 11/13/95 Page 40 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 Commissioner Messe. The girls. Mr. Wingo. No, they work there... Commissioner Perasa. They get a paycheck? Mr. Wings. Yes. Commissioner Boydstun. Do they get a paycheck or an Independent contract? Mr. Wingo. 1~he get a paycheck. Acting Chairman Messe. So they get a paycheck by the hour with taxes removed from it and everything of that... Mr. Wingo. I assume. Acting Chaimnan Messe. O.li. so you're net sure... Mr. Wingo. I don't go around and ask.... Acting Chairman Messe. O.K., we can ask somebody etas that question. ~, Mr. Wingo. Right, I'm just telling you, 1 get a paycheck and I'm certainly on payday everybody gets s _ paycheck. Acting Chakman Messe. Your description of the business was, it's not completely lewd as other people say. Mr. Wingo. It is not, it is, it is a bikini dance bar. Acting Chairman Messe. Not completely lewd? pumpithe bu0sinessel'm constantly talidng about ou P pod specials that we havepup there, uh.'o~~ I Acting Chaim~an Messe. O.K. Mr. Wingo. That's my Job, is to create the entertainment... Acting Chairman Messe. Thank, thank you Mr. Wingo. Dkl you want to address the issue of..., come to the micro..., you'll have to come to the microphone. Everything goes on tape. Westley Dahd. Maybe I can answer your question, sir. The waitresses they are pak1, minimum wage and they are hired as a food waitress. That's their, that's their primary job as a food waitress. Acting Chairman Messe. So they're hourly employees? ~_ 11/13/95 Page 41 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~j Westiey Dahd. Yes they are. Acting Chairman Mesas. O.K., thank you. Westley Dahd. We have no independent contractors. Actiiggs Chal k~ a~ ~y ~not~to, uh, repeat anything that s base atread given to us. ~y tit this will be the pea I ~Iive at 1343 N. Merona,l'm a 28-year Garble Neilson, 1343 N. Merona. My name is Barbie Neilson, resklent of the neighborhood. A grandmother and mother and, someone who is very Interested !n the neighbofiood. I have to tell you what I witnessed, my husband and i went down to the Sweetwater Saloon to investigate and see just what kind of a place it was and we went in and iue spent probably 45 minutes in there. Had a couple of cokes and we witnessed a gentlemen, a c Hiso enis was hanging across the room from us, exposing his genitals. You can't stretch this anyway. p out and that's tt. Then he proceeded to go into a corner and one of the girls went obv`edr ands ~~~ dance on top of him. 1 call h a lap dance, I don't know N they call ft a table dance, on him. And, that's what 1 saw, and, I think its atrocious. Thank you. Acting Chairman Messe. I'm sorry, I dkl recognize you before, sir. The gentlemen in the shirt and tie. Bill Tnixaw, 1524 Doris Place. I'll try to make this brief. My name is Bill Truxaw, T.R.U.X.A.W. My address is 1524 Boris Place in the City of Anaheim. Acting Chairman Messe. I recognize that address. Bill Truxaw. I'm a lifetime resident of the City of Anaheim. !'m also a businessman .'.n the, business of Joseph C. Truxaw & Associates in the City of Anaheim. Thank you for your time today. This Is the first time I addressed, addressed the Commission, I feel very strongly about this and I think that this issue today, that stands before us is an issue o: compliance. Question is, is this establishment, the applicant complying with the condftional use ptrrmR and if not, then as I understand tt, the Commission has the right to either modify or terminate the existing conditional use permits. So let's take a look at their track record. From the testimony that was given here today from the different department heads and the Police Department, we saw that the uh, serving of alcoholic beverages exceeds the, permitted sales, exceeds the sales of food within the establishment. And 1 have to ask why the records are not available to substar><iate compliance with the City code? Secondly, with respect to the bar area, it was, stated by staff and also acknowledged by the applicant's attorney that there is an area where there is currently a bar station that was not existing at prior time. 13 was also pointed out tl'w: that bar does not have s buikftng code or buikling permit. With respect to the, violations in the Sex-Oriented Business cafe, I counted here a total of nine (9) violations of the sexual, Se~cually-Oriented Business code. On eight (8) different occasions there were citations issued. Thera were several within, consecutive days almost. June 2, there was a violation, June 8, Jure 9 there was another, finally on June 10th the manager was arrested for non-compliance and 1 have to ask for three days in a row, again we're talking compliance here and why is 1< that time and time again, we see these citations being issued. I'm concerned about children too, I have tour 11/13/95 Page 42 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 small childnen. According to the, permits and the licenses they currently have, my children could walk into this establishment and based on what we've heard today, I can't believe what they might see. 1 would be shocked, I'm shocked at some of the things I've heard today, let alone what my children would see for the ftrst time and in a child that would leave an indelible memory that I don't see how it could be, that could be erased. Next, so I .have to ask at what point would the City exercise R's discretionary authority to revoke the permit rather than adding on conditions and more condftions. This seems to be a band-aid over an existing condition where there are conditional use permits that are apparently being violated and there's also the ABC license which was spoken of today, but there are licenses and permRs which have been violated and I have to ask, why are we compounding this with more and more conditions. And again, R gets back to the track record, if the original conditions have not been complied with what leaves us to believe the new eighteen (18) conditions would be complied with. And, I'll leave with this. While we've heard today from a Beverly Hills Attorney representing the client which is from Upland. We also heard from many citizens hero from the City of Anaheim who are concerned. And as a resident and as taxpayer, I commend the efforts of the staff and the Police Department, to this point, for recognizing the violations that have occurred here and I ask the Commission to consider revoking the permit rather than initiating modiftcations. Thank you very much for your time. Acting Chairman Masse. Thank you, Mr. Truxaw. I will now close the public hearing and open it up for questions of the Commission. Commissioner Henninger. Now, I think perhaps one of the things we should start with is, maybe ask the attorney to review with everybody the deftnttton of aSex-Oriented Business. Their original entertainment permit was for bik~nt-dancing and for all the people whose last experienced bikini dancing was watching Goldte Hawn on Laugh-In, we should probably talk about the deftnition of b(kinl dancing and, what is a bikini and I think that that's probably covered under the Sex-Oriented Business deftnitions. Because it basically says, I think, tells what needs to be covered, doesn't it? Selma Mann, Deputy City Attorney. It does. There's actually an interplay ioetcveen a number of d(fferent ordinances and different portions of the code and just s.'ut of to back up a little bit. You know, the Police Department engages in invest(gations that are of necessity ongoing and I could understand the frustration of somebody just Ilstentng to individual incidents that are being described, but one incident is not going to be sufficient to terms of getting a pattern in practice of what is happening at an establishment, so R is necessary to just keep going back and getting additional information. Now we are constrained as we are all protected and bound by the Constitution and that includes the rights of ind(viduals to certain types of sell-expression, and tt becomes involved to the sense of the entertainment permits. The entertainment permits are not someth(ng that the Planning Commission becomes directly involved with in anyway, other than to piece a condition that there won't be entertainment, unless all the requisite permits have been obtained and then,'hat is done through a separate process. There is an entertainment permit for this business, there were speciftc conditions on that entertainment permit including one that it not operate as asex-oriented business. Chapter 18.89 of the code sets forth the deftnitions of asex-oriented business and indicates that it's unlawful for any person or entity to operate, engage in, conduct or carry on any sex-oriented business in the City of Anaheim, unless they have aSex-Oriented Business permit. Sweetwater Saloon does 11/13/95 Page 43 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~% not have aSex-Oriented Business permR and could not qualify for aSex-Oriented Business permit because ff Is not in a location that would qualffy and there is case law that says that cities can put certain types of IlmitaUons on where these type of businesses can go. Now in terms of a definition of a sex-oriented business with regard to live entertainment, K really hinges upon the definition of specified anatomical parts and specified sexual activflies. If You like 1 can go ahead and read the specified anatomical parts, but I believe that there has already been a stipulation from the attorney, for the operator here, that ff K is the decision of the Plannirp Commission to modify the conditional use penmR, that they will not engage in activity that constitutes specified sexual activities as defined in Chapter 18.89 or display specified anatomical parts and in view of the attpulation, i think ff would be appropriate to include that as a specific condition. In addflion of course, the owners and o~ to would be subjecting themselves to criminal prosecution since fYs unlawful for any perso operate, engage or carry on the business without the permit and also, the same with regard to permitting entertainment that's to violation of the nudity ordinance, which is a separete orclin=:::.e that was passed in the City that for moral grounds. Now... Commissioner Henninger. Well, I guess, you know, all that's pretty interesting, uh. But I think, you know we didn't hear much testimony today, or let me start over. The focus of the testimony today was that the community didn't like the kiss of a bikini bar in their backyard, really that was the general focus of the testimony. And I would like to, you know, stag the comment Period bare by the Commissioners just by poln<Ing out that that's really not the crfferia that we have to take action on. In general, we are constrained by the Constitution of the United States that says that aeople have rights and Just because someone's doing something that's within their rights and we don't like it, we can't just say as the pastor said 'just, we don't want them in our neighborhood, get out', that doesn't fly in this country. And the reason we know ff doesn't fly .s because we tried ft and we've been ~ittgated on it and and we tort. That's how we got this new ordinance for sex-oriented businesses that basically allows them in some areas and defines those quite tightly and ff the Sweetwater were 4o fully comply with Rs permit which there some testimony we heard today that sounds like it isn't. But ff ff were, then even the things that are going on there would not be consklered, per se as sex-orienned business. So, I just walled to tell, I thought ft real impoRant that everybody understood the constraints we work under making a decision today. Selma Mann. And h is possible... Commissioner Henninger. Did I, did 1 cover that pretty wail? Selma Mann. Yes, thank you. And ft is possible to have bikini entertainment that does not trigger the sex-oriented business ordinance. It is possible to be attired in bikinis that don't display specified actitvities~so flit al epensdsoonibwhat lheoactual prectiice is, in a particularlnastabit hmenL~ sexual Commissioner Henninger. Having said tttai, the existing conditional use permits are for a restaurant and ff seems to me that probabty what we need to conskler is whether the use as ft's been modified is an Improvement in terms of the restaurant business or not and ynowu kno~ il~at ~~~ ~~~ food examples, I guess a Hooters as an example of sort of a style Commission Bostwick. Texss Loosey's. 11/13/95 Page 44 SUMMARY/ACTION AGENDA, Anaheim City Planning Commsssion, November 13, 1995 (~ ,1 Commissioner Henninger. Yeah, Texas Loosey's. Those sorts of things. But, as I look at this floor plan and evidence I've heard, I can't imagine that this use, you know the entertainment permit improves the restaurant operation. tt seems to me to be Inconsistent wfth the restaurant operatlon~ I think perhaps that's the area we need to look at and discuss. Commissioner Bostwick. One of my questions was, is that wfth the entertainment permit, very speciflcally ft had requested or stated that there were things that were not permitted and obviously sexual or specified sexual activities and the saki entertainment permit, any violations to the aforesaid conditions of approval should constitute grounds for revocation of this permit pursuant to Anaheim Municipal Code and I guess my question is, r 'th the number of violations and subsequent arrest of the manager, why wasn't this permit termin:.~ ~ :? John Poole, Code Enforcement Manager. I believe that the arrest and the citations were issued prior to that permft being Issued, I think that's correct. Again, as Selma talked about the Issue soma of these things are on-going investigations. We might possibly be working on something like that. But right now, we haven't done that. The thing that maybe we really need to focus on today is that the two conditional use permits in place were for restaurants, one with accessory beer and wine. The other with accessory hard Liquor, beer and wine and they're not, I think testimony has been very clear today, that the)''7e not operating as a restaurant, and that's what we really need to focus on. Those other Issues as the entertainment permit. 1 don't want anybody to leave here today thinking that we're not going to took into that, that we're not going to continue the investigation, because we ace but what we should be best served by preceding with the land use issue and then taking the °,_ entertainment permit separately as we go forward. Acting Chairman Masse. That entertainment permit has been issued as of June 27th, there have been a lot of tnvesttgations since that time. Is that correct? John Poole. That's correct. Acting Chairman Messe. And what you're saying is that there is going to be on-going investigation, and when does that on-going investigation bring that entertainment permR into focus? John Poole. We woukf hope in the very near future, and again, I'm not trying to hedge with the Commission, a lot of these are complex because they involve flrst amendment issues and so torth. So ft's not like we do in many of the enforcement actions, where we go out, we observed something, we take action, because K does involve First Amendment, ft does take more investigation to, to flnalty take action on that. Commissioner Bristoi. Well... Acting Chairman Messe. I noticed..., go ahead Steve, you had a question. Commissioner Bristol. Yeah, excuse me, for the record, I was in the Sweetwater Saloon on Thursday night, which I think was the 9th, I don't live but about a mile from there. My kids attend nearby Zton, so I've seen that place for many, many years and I didn't feel comiortabie going there at night by myself, so 1 got a business associate to mast me there about 8:45 on Thursday night. Now, my intent 11/13/95 Page 45 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~' was to go in there, into the bar area, I'd never Seen there before and I sat actually at the bar which used to be 1 guess the service area and i faced the kitchen and my onty in~terrt was to watch what tood was already on the tables, might have been on the tables when I went in theve and to see what might've been served to the hour and 15 minutes I was there urrtii 10:00 o'cU~ck. I dkin't see any food nor dki my Mend see any food anywhere on the tables and R was my concern, is it a restaurant? Is it operating within a restaurant, now, by all the other testimony, some people don't think it's politically correct to believe the police and Code EMorcemer>t. But 1 dkl see women there, one in particular, l have no idea what her name is, fondling her breasts. I had another gal come up to me and rub my back, I have no kiss who she was and another gal come up and planted a kiss on my buddy and then me. Now granted she didn't wear very much, so I have no clue what her name might of been. The reality ts, does that happen in a restaurant. I'm telling you rr~w, there is no way I'm going to fake my 16-year okf boy in that place. It's not a restaurant!. it's pure and simple, you could put any kind of connotation or any kind of verbiage you want, but is it a restaurant, the way it is now'1 And, the fact that the applicant has indicated that they don't particularly care for Condition 17, removing the stage and stuff, there are still going to be go-go girls and I don't care what verbiage you want to put, you're st111 going to have that type of activity. To me, that was sexual to nature. I've never been to a restaurant where someone came up and planted a kiss on me and she was half naked. And again, I can't tell you w~`srt she looked like, because my mind wasn't there, I was kind of surprised. But, that's reality folks, it's not a restaurant and that's what we should be really... Commissioner Bostwick. I was going to say, for the record, I was there on Tuesday evening at, about 8:00 o'clock. Acting Chairman Messe. You're a fun group, business is good. (Laugher from the audience and staff) Commissioner Bostwick Also, I sat at the bar, I have to say that there were menus available on the tables, there was, one lady customer, over and above the bikini servers. I did observe two orders of tood come out of the kitchen, I think one was Mes, I really couldn't tell what the other was. And I looked at the menu, studied the menu, sat at the bar and the blonde bartender never offered to take an order for food nor dkt any of the waitresses, in anyway shape or form. And 1 didn't get such special treatment as kisses or anything, but I have to agree in its present condition, it's not s restaurant. Acting Chairman Messe. And it would seem to me that they've hsd a great deal of opportunity to change that. You know our attorney here today saki that that is the intention for the future. The handwriting should have been on the raw some time ago. O.K. Commission the duck game starts soon. Commissioner Henninger. O.K., well let's just hang on here for just a few minutes. Acting Chairman MessB. O.K. Selma Mann, Deputy City Attorney. Excuse me for one second. There were two, Jonathan gave me two letters that apparently have been given to the Commission. One dated November 9, 1995 from Bill Truxaw and another one, to Julie, apparently Julie Mayer, horn Diana Greening, that I believe the l __ 11/13/95 Page 46 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ~% Commissioners have copies of and I would like to provide a copy for the attorney for Uwe business. acting Chairman Masse. There are also petitions from the Mobile Home Park, Selma. Tnere are petitions from the Mobile Home Park, which we'll have to copy and mail him ,and soma other letters, copies of letters here. Commissioner Henninger. Well, I think it's important to note that on their own application for this entertainment permit, one of the things they said was that, they're talking about this dancing on a raised stage. They say the stage would be 18 Inches in height with a railing designed to maintain a dtsfance trom the customers of 6 feet from the waigesses during their entertainment performances. Now of course, vre had testimony today that, the real criteria is 6 inches, which is a far cry from 6 teat. Acting Chairman Masse. And there was no mention of any table dancing in that eMertatnmetrt permit, 1 bel!ove. Commissioner Henninger. That's right, and then the other thing to say is that they say well ft's not required and they intend to restrict the admission to people 21 or over. And you know I don't see huw restricting the admission to people 21 or over is helpful to a restaurant business. 1 mean that basically, it says you're not going to have families, or teenagers or anyone of that sort, you've eliminated a large part of the customer base for a restaurant activity. I think the other thing perhaps we should note, before we go forward is that this Is an ML Zone and my understanding of the code is that what you could get a CUP for in a ML Zone is a restaurant with alcohol and that entertainment permits are not allowed, bars are not allowed, is that correct? Greg Hastings, Zoning Division Manager. That's partially cored. In order to have any independent alcohol sales, the only provision we have In the code is a restaurant with a cocktail lounge. Restaurant still needs to be the main use on the property. Acting Chairman Masse. But entertainment permits are available? Commissioner Henninger. Yeah, but you couldn't get a CUP for a bar. Greg Hastings. Yes. Not in ML Commissioner Henninger. So it's not allowed to ML Acting Chairman Masse. That's correct. Greg Hastings. That's correct. Commissioner Henninger. O.K. Acting Chairman Masse. Anybody else? Commissioner Henninger. So the only option that really leaves us, is to somehow require this to become a restaurant again. I mean we really couldn't allow it to be and even there's no ability we 11/13/95 Page 47 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13,1995 iI. ` l_. have to give H a CUP, to operate the way they're operating now, which is as, as a bar or nightclub or whatever you warn to call it. Acting Chairman Meese. O.K. Commissioner Bostwick. O.K., want to make a motion. Commissioner Henninger. I mean one or two more poirrts,l'm trying to build some ftndings here. We've had certain testimony, by the applicarn themselves on two occasions that they're not operating. as a restaurant, because a restaurant in our definition has more than 5A96 of Th Y have ~~ than 50% we've had two occasions where the applicarn has said that's not occurring. of their revenue coming from food. Commissioner Bristol. I think also the fact, that so much emphasis in the ernertainment permit and to the conditions regarding security. Why does a restaurant, I think one of the appii ~ then to ditscuss talked about their daughter working there, why would a restaurant need security? go t r restau rrts becausee they have lsecurity to take care of me whennl go an to eatoThat's also a to concern. Acting Chairman Meese. O.K. anybody else? Commissioner Boydstun spoke but her microphone was off and was not heard nn tape clearly. ,- Acting Chairman Meese. Is your microphone on? Commissioner Boydstun. 1 have a terrible time with that button. I have had three (3j phone calls at my office regarding this since it has been public that It was c $~ to ft and had various reasons like neighbors that live in the area and they were all strongly opp we've heard today. And I'll get their names off of my pad if you want them. Commissioner Bristol. Are you done? I'll make a motion to approve the CE(iA Categorical Exemption to Class 21. Commissioner Bostwick. Second. Acting Chairman Meese. There's a motion for CEQA Categorically Exemption, 21, alt those in favor. AYES. Opposed, it's carried. Selma Mann, Deputy City Attorney. If I may make one clarification before we go on. There was a statement made that this doesn't meet our definition of a restaurant because H doesn't have 50% of it's income from food. We don't have that definition in our code at this time. I believe that part of the reasoning for having a modification In the first piece was so that h would The 9~ lof Code~e conditional use permit, the modification procedure is a frequent attempt. Enforcement is to obtain compliance rethe- than to put businesses out of business and ordinarity every attempt is made to give a business an opportunity to operate within the requiremenU of a conditional use permit and is a matter of enforcemern. Yery trequentty the City's in a much stronger 11/13/95 Page 48 SUMMARY/ACTION AGENDA, Anaheim CRy Planning Commission, November 13, 1995 position N a business has specific conditions, very specific condition: and then if they're in violation of those, you have a very clear picture, particularly when they've been through a hearing process, where they very definitely have had due process and know what the problems are and what the perceived problems in the community are. Acting Chairman Messe. Excuse me the... Commissioner Boydstun. ABC said that ft was required 50%, I underetood. The young man that was here, for their permit that it was 50%, had to be 5096 food. Selma Mann. That's the requirement of the ABC license, that ia~ not a requirement of any City ordinance or code. Acting Chairman Messe. Then Condition #1 on page #9, is not a condition on what, under which the restaurant curtently operates? Commissioner Henninger. Currently operetes. Are we in the process of amending our definition of restaurant? Selma Mann. Yes, we are. Acting Chairman Masse. We're not there yet? ~,. Commissioner Henninger. We're not there yet? Selma Mann. No. Commissioner Henninger. When will that be complete? Selma Mann. Soon. Commissioner Henninger. O.K. being aCr staurent is~oncerned.erWhere ft says theft the liquoriis InMCkiental to the food Pservicer as Commissioner Henninger. Well, one thing we could do woukt be, approve these changes. The thing that 1 would say is my view of the current permit is that they are not following h, they've not followed their permit and if we were to go forward with this, to sort of give ~ ~ rasa pi~toranmae appropriat that they should walk away from their existing entertainment perm form of entertainment. Commissioner Bostwick. Well, I truly think that, they're operating outside of the bounds of their current CUP and, and I truly think it needs to be term~na~t th~e~are truly going to do, andhR either business plan and, and something new that repress Y fits within the zone or it doesn't fit within the zone and it meets the cxiteria requirements for a restaurant with an auxiliary cocktail facility. r 11/13/9) Page 49 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13,1995 ~~ Acting Chairman Messe. You are saying to terminate with no prejudice to their reapplying for another CUP, which would have all the rules and regulations in ff. Commissioner Bostwick. t.xactly. Commissioner Perasa. Those are my feelings, too. Commissioner Bostwick. Yes, yes that's where I'm coming hom. Acting Chairman Messe. Well, I think Steve was to the middle of ... Commissioner Bristol. I'll offer the resolution, denying Condffional Use Permit No. iti82, for ail those reasons just so stated... Acting Chairman Messe. T Th~t~sa fli~ings page on that wasn't t ere?~i~tlon based on the findings in the stall report Commissioner Bostwick. On page 7. Acting Chairman Messe. Page 6, I believe. Commissioner Henninger. Well, I think, just o ie la o ~y o us~hat we might get m tepid think perhaps our City Attorney was maybe gently try ng compliance, out of going forward under the staff suggestion, rather than outright terminating this. Acting Chairman Messe. Let's take care of CUP #1082, I think on the table now is a resolution for denial of that. Commissioner Bostwick. Termination. Acting Chairman Messe. Termination, I'm sorry. Ayes vote means to terminate. Edict Harris, Planning Commission Support Supervisor. The resolution passed with 6 yes votes. Acting Chairman Messe• O.K., now let's go to the CUP #3422. Bob, you were in the mkldle of... Commissioner Henninger. Yeah, well I was suggesting that perhaps our City Attorney was gently trying to suggest to us that we might get more rapid compliance' get to where we want to go more quickly by providing a modffied CUP than outright terminating this. Because ff we terminate this today, then ff starts an appeal process and then ttuough the courts and, you know, this use couk! be out there for years betore ff actually ceases, ff ff actually ceases and Acting Chairman Messe• Of course that's true wY'.h changing the conditions on ff too. Commissioner Henninger. Yeah, but except they've agreed to the change of conditions, not all of them perhaps. 11/13/95 Page 50 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 Commissioner Boydstun. But, it they come in, they shoukf get a new CUP with all of their conditions in there. Acting Chairman Messe. Well, Steve? Commissioner Bristol. I'll try it. Acting Chairman Messe. Try tt and see what happens. Commissioner Bristol. I'm going to otter the resolution denying Conditional Use Permit No. 3422, the reason being for all the findings tound on page 7, and also the fact that they've changed the Inside configuration, outskie of contormance and the tact that they aren't operating within the conditional use permit as h sits right now. Selma Mann. Does that mean termination? Commissioner Boyr!stun. Yes. Selma Mann. Termination, rather than denial. Commissioner Bristol. Yes, resolution to offer to deny conditional, yes. Commissioner Bostwick. Terminate it. ;~ Commissioner eoydstun. Terminate. Acting Chairman Messe. Terminate h, to revoke, to revoke, is there any discussion on that oifering? Well, I think I'm going to vote no on that based merely on the fact that I think that 1 would like to see us put conditions on the present CUP, as Bob has stated. 1 think it's a taster way to resolve this Issue. I want to see that operation changed. 1 want to see ft changed fast and probably that's the only way to do it. Commissioner Bostwick. Well, t basicaiiy voted yes and one of the reasons was #17 on the requirements, would be to remove the bar and raised stage area and that's not what they wart to do. And so, I don't.... Acting Chairman Messe. But, we didn't say we would change that, 1 guess. Commissioner Bostwick. Yeah, I, I just don't see us getting the compliance that we waM. Edie Harris, Planning Commission Support Supervisor. The resolution passed with S yes votes, Commissioner Messe voting no. Selma Mann. Deputy City Attorney. Mr. Chairman, the Planning Commission's actions on this item will be considered tins! to 22 days unless an appeal to the City Council is til~tl within that time. Acting Chairman Messe. Thank you very much, everybody. Thanks for your patience.F 11/13/95 Page 51 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 ACTION: REVOKED CONDITIONAL USE PERMIT N0.1082 AND CONDITIONAL USE PERMIT N0.3422 VOTE: 5-1 (Hesse voting no, Mayer absent) Meese - ~~~a wRh the recommended condRions which he thought wouWe redsoivre tha Prebieml taster. permit m Commissioner Bostwick -Voted in favor of revocation because applicant did not indicate desire to remove the bar and raised stage area modifications. COMMISSIONER MESSE LEFT THE MEETING AT 5:25 P.M. t `- 11 /13/95 Page 52 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13,1995 6A. CEiss CATEGORICAL EXEMPTION-CLASS 1(el(2) I Grantoed 6b., ri`.rwrxneNre! USE PERMIT N0.3803 OWNER: NATHAN RUSSI, 821 Placentia Boulevard, Fullerton, CA 92631 l1GENT: GREENTREE DEVELOPMENT CO., 648 N. Tustin Avenue, Sufte "D', Orange CA 92667 LOCATION: 2429 Went Bab Road= Property is approximately 0.55 acres located at the northeast comer of Bali Road and Roanne Street To permit the expansion of an existing drive-through restaurant. CONDITIONAL USE PERMR RESOL1J170N NO. P 1 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None NEIGHBORS IN FAVOR: Clair Prytz, 920 S. Bruce, speaking for many homeowners on Bruce Street, stated they are happy to see this development, but would not want to see it open to Spruce Street and would like to keep it the way it is now to separate the business from the residences. Judfth Ann Collette, 740 S. Roanne, explat?red she works and lives in Anaheim and has resided on Roanne for 8 years and became actively involved in this area because she had clients who said they did not want to purchase property past Euclid to the west because of crime and drugs. Neighbors are long-time resWents and they like the community and want to stay here. She.coMacted Anaheim Police Department and they have established a Neighborhood Watch Program in West Gilbert. She presented a letter of support from 65 resklents; they want a business in the old Del Taco building, but don't want transients and young people doing drugs there and they want no additional accesses allowed. They are concerned about negative activities in their neighborhood and she has spoken with Don Yourstone about their concerns. They want Pepe's to be a part of their nelghbofiood but they are going to need to work together. She referred to the curb painted red because it is across from Magnolia Htgh School and no stopping is allowed during school hours. Additionalty, that would curb some drug trafficking. Asked for low landscaping and additional Iigt!ting. PETITIONERS COMMENTS: Don Gallager, agent, thanked Planning stab for their assistance getting to this point; they will fully comply with increased IigMtng and make sure adequate landscaping la provided. and that the owner 11/13/95 Page 53 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13,1995 l~ is Interested to becoming a community based restaurant. THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol asked ff there is a tents between the vacant land to the east and th(s property? Mr. Gallager responded there is a tense there and It will remain. Commissioner Bostwicok~ died 1e oe pain accordance with the pia s provided and that would prevent a requires the property P~ driveway on Bruce. Grey Hastings, Zoning Division Manager, suggested that be added as a condition. Mr. Gallayer noted ff they installed a driveway on that street, they would lose 4 or 5 parking spaces. Commissioner Henninger asked how the landscaping will b• upgra_ded7 Mr. Gallager explained they have submitted plans showing existing landscaping aixl currently they havbox treeseand there Sian area adja~ to Bruce Street whi h needs Iandscalpingtand heylwill~ improve that with low shrubs or trees to meet the code requirements. Karen Dudley, Associate Planner,. explained staff has a detailed plan showing the plarns. Alfred Yalda, Principal Transportation Planner, explained having the curbs painted red is within the jurisdiction of the Traffic Engine i~ cu~g 1 a~ ~ 9 ~~~ y aoenot paint curbs red unless here that they do not think they need , is a safety issue. Mr. Gallager stated they do not think a red curb adjacent to Roanne Avenge would benefit the cliern. Greg Hastings stated staff would recommend a condition requiring the applicant to submft a letter requesting termination of the two conditional use permits mentioned in the staff report. ACTION: Granted CUP No. 3803, subject to the following two addftional conditions: 'That no driveway shall be permined on Bruce SfreeL' 'That the petitioner shall submit a letter requesting termination of Conditional Use Permit Nos. 3297 and 1770.' VOTE: 5-0 (Mayer and Messe absent) Selma Mann, Deputy City Attorney, presented the 22 day appeal period. 11/13/95 Page 54 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 7a. ~~ NEGATIVE DECLARATION 7b. WAIVER OF CODE REGUIREMEN~ 7c. r n~nmrwer t~ pEp11IT N0.1744 (Readvertised) OWNER: DELANO-PARTNERSHIP, Attn: Art Kent, 819 16th Street, Huntington Beach, CA 92648 LOCATION: 3060 Waat LLrr:olrr Avenues Praperty is approximately 0.5 acre located at the southwest comer of Lincoln Avenue and Delano Street. To permit an expansion of an existing drive through restaurant with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. PC 95-149 Approved Grarned Ganted FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None William Koch, agent, explained the proposal is for a Dairy Clueen; currently they have one in Santa Ana and this is basically a family operation; the existing build(ng was a 24hour a day operation and this will be !2-hour a day operation. One concern was brought up about the pay telephone. There was one existing and ff was removed and they were planning to put ff back; they have one at their operation in Santa Ana that is outside and ff does not receive incoming rills and has time 11mffs. They don't want people using ff for illegal activities. They do warn a phone for their patrons' convenience. Commissioner Peraza suggested the pay phone be inside so they could cornrol it and Mr. Koch thought that would generate traffic and might congest the area and he could see the possibility of people waiting in line to make a phone call and that would not make ff easy for people to get around the tables. Commissioner Bostwick stated he has a pay phone inside his business for his customers and K works wonderful and is located on the way to the restrooms and is not directly in the way of the customers. Mr. Koch stated space is very limited to the dining area, but they could probably put ff in the hallway going to the restrooms ff necessary. Steve Koch, 5323 Dartmouth, stated ff there was a pay phone in the hallway, it would cause a traffic pattern problem with wheelchair access and ff two individuals were waiting for the phone, ff would block the way. They locked at different areas to piece a phone and felt this would be the best location. r 11/13/95 Page 55 SUMMARY/ACTION AGENDA, Anaheim City Planning Commission, November 13, 1995 l.. Jim Young, 165 S. Lincoln, stated he is not opposed to where they put the phone, but warned to bring up what he has been as being a patt ~ ~ elproblems that can brirpigonThle other isssue he wasMh~ it is inside or outskle and everybody concerned about was additional Ibhtirrp. THE PUBLIC HEARING WAS CLOSED. Aitred Yakla, Principal Transportation Engineer, stated the parking code was changed and a parking study conducted by an accredited traffic engineer must be submitted to the City Engineer and that has not been done. He explained he was aware of the changes in the Code, and responded to Commissioner Henninger that his recommendation would be the same. Selma Mann, Deputy City Attorney, explained December 1994 the Code was changed, and a variance cannot exceed 10% of the requirement. Commissioner Perasa suggested a condition that the pay phone be placed in a place where the owners can monitor it. Commissioner Henninger stated he would want to see it placed right at the entrance and N they have a lot of drug dealers hanging out there, then it can be removed really quickly. ACTION: Granted, subject to the public telephone being placed inskle the facility or near `,r,, the entrance where it can be monitored and that the telephone shall not be capable of receiving incoming calls. VOTE: 5-0 (Mayer & Messe absent) Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. ADJOURNMENT: The meeting was adjourned at 5:55 p.m., to the regularly-scheduled meeting of November 27, 1995, at 9:30 a.m. for the morning work session. Respectfully submitted, b~~ Edith L Harris Planning Commission Support Supervisor t 11/13/95 Page 56 K ." ~C,G e ~Z3 ~ = I~~rPY e~,~~y '~`~i^"ka.-~ t.w_rY'.~r r i; '~ 5'~S ~~. _ i ~~ ~ y ],~ , 1 4A~ f ~ ~. '~~ k .eT. ~ N { ~ ~ ~~ a~ 4~ ;t iil~ ~ ' ^f ~j ' t .~a ,. . ~ ,, ; ~ . . ., .. . . ~{{I - ~ .. ~ ,j i .~. ii