Minutes-PC 1996/05/13SUMMARY/ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION
MONDAY, MAY 13, 1996
10:00 A.M. - PRELIMINARY PLAN REVIEW
1:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY)
COMMISSIONERS PRESENT: BOSTWICK, 80YDSTUN, BRISTOL, HENNINGER, MAYEFi.. MESSE, PERA7A
COMMISSIONERS ABSENT: NONE
STAFF PRESENT: Selma Mann
Greg Hastings
Jonathan Borrego
Karen Dudley
Sean Gerber
Bruce Freeman
Alfred Yalda
Tom Engle
Richard Bruckner
Edith Hansa
Margarita Sobrb
Deputy Cky Attorney
Zoning Division Manager
Senior Planner
Assodate Planner
Asakxiate Planner
Code Enforcement Supervisor
principal Trenaportation Planner
Vlk» Detail
Redev./Economic Development Manager
Planning Commission Support Supervisor
Senior Secretary
PROCEDURE TO EXPEDRE PLANNING COMMISSION PUBLIC HEARINGS
1. The proponents in applications which are not contested will have five minutes to present their evidence. Additional
time will be granted upon request if, in the opinion of ttw Commission, such additional time will produce evidence
Important to the Ccmmission'e conafderetion.
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 aka, butt rathe~by whattis Bald. mission's considerations are not
determined by the length of time a partidpant spa
3. Staff Reports are part of the evidence deemed received by tare 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 dosed.
5. The Commission reserves the right to deviate from the foregoing N, in its opinion, the ends of fairness to ail concerned
will be served.
6. All documents presented to the Planning Commission for review in connection with any hearing, induding photographs
or other acceptable visual representations or non~ocumerktary evidence, shall be retained by the Commission for the
public record and shall be available for public inspections.
7. At the end r n the scheduled hearings, members of the public will be allowed to speak on items of interest which are
within the Jurisdiction of the Planning Commission, and/or agenda Items. Each speaker will be allotted a maximum of
five (5J minutes to speak.
AC051396.wp
05/13/96
Page 1
REPORTS AND RECOMMENDATIONS:
~`'~ A. a. SEOA EXEMPTION cFr'DON 15061 Ib) (3) Concurred w/staff
' b. BODE AMENDMENT N0.96~ Recommended
City initiated request pertaining to the addition of service ordinance to the
stations as a condftionally permitted use within
Development Area 4 (Tmnsft Core) of SP94-1 (Northeast City Council
Area Specifk: Plan).
This item was continued from the meeting of Apra 29, 1996•
ACTION: Commissioner Henninger offered a motion,
seconded by Cornmissbrrer Bristd and MOTION CARRIED
that the Anaheim City Planning Commissbn does hereby
concur with staff that subject request fs exempt from CEQA.
Commissioner Henninger offered a motion, seconded by
Commissioner Masse and MOTION CARRIED that the
Anaheim City Planning Commisskur does hereby
recommend to the City Councq the adoption of the
ordinance attached to the staff report dated May 13, 1996.
Richard Bruckner, Community Development, Economic Development Manager, noted the
Redevelopment Commission, after conskJerable discussion, voted to recommend to the
Planning Commission that they amend the Northeast Area Specftic Plan to include the
additional uses by conditional use pemtit. They considered the impact on future
development in this area and not as part of their recommendation, they discussed a fNe-
year time Iimft on the auto related conditional use permit process. He responded that the
5-year time limit would only be appropriate for Item 1 B. He stated that pertains to
property owners centered around the proposed commuter ra8 station at Tustin and la
Palma to transition from the mixed office/industrial/warehouse uses.
He referred to a potential auto restoration business owner in Orange along I-5 (Corvette
Mike) interested in relocating to this area with the right to have limited auto sales as an
accessory use. He thought staffs recommendation includes incidental auto sales. They
do not want full blown trditkutial auto sales agencies in this area, but incidental sales
appear to be appropriate.
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Page 2
B. a ~°~ EXEfY1PTION SECTION 15061 (b)131 Concurred w/staff
~~ b. ; ,ODF AMENDIAENT NO.96-11: Recommended
N. Bruce AshvuNl, 333 City Boulevard West, Suite 2150, adoption of the
Orange, CA 92668, reG!~tS consideration of Code ordinance to the
Amendment No. 96-11 pertaining to the addition of City Council with
automotive vehicle repair facilities as a conditionally the addition of the
permitted use wRhin Development Area 4 (Transit Core) of 5-yegr sunset clause
SP96-11 (Northeast Area ~pecfflc Plan).
This item was rxx~tinued from the meeting of Aprg 29, 1996.
A I N• Commissioner Masse offered a motion, seconded
by Commissbner Bostwkk and MOTION CARRIED that the
Anaheim City planning Commission does hereby concur
with staff that subject request is exempt from CEQA.
Conunissioner Masse offered a motion, seconded by
Commissioner Bostwick and MOTION CARRIED that the
Anaheim City Planning Commission does hereby
recommend to tho City Council the adoption of the
ordinance attached to the May 13, 1996 staff report with the
addition of the 5-year sunset clause.
Kenneth Ryder, Attorney, rapn3senting Bruce AshwHl, property owner at 1070 Grove Street,
who inftially brought this request to the Commission. Mr. Ashwill's use is similar to others
- at this four-comer intersection. He currently has a pending sale to Anaheim Hilis Auto
Body, and they have a pending CUP application subject to approval of this Code
Amendment. Delay in the approval of this Code Amendment jeopardizes that sale. The
buNding has been vacant since November. It was bufft and used as a warehouse and for
manufacturing and auto use would be consistent. Office use would not work at this
location because of parking.
He 'suggested a longer time period than five years, ff the Commission was still interested in
imposing a time limit. He added ff there is a time limit Imposed, he would like to have K
fled to the concern the Commission has, depending o~ 8 erne d ~ aniextension of the
development of the raGway station, etc. and perhaps
time limit ff the City's development has not gone forward as planned.
Commissioner Masse stated this would not affect anything that is existing nor anything
that is put in place in the next five years.
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C. e. ~~... ~..~..nrnu ce~!TIAN 15061 fbl (31
b Anne ely'ENDMENT NO.96~47: City InRiated request to
~' amend varkws sections of Title 18 of the Anaheim Municipal
Code relating to ea4ing and drinking establishments.
ACTION: Commissioner Masse offered a motion, seconded
by Commissioner Henninger and MOTION CARRIED that
the Anaheim City Planning Commission does hereby concur
with staff that subject request is exempt from CEQA.
Commissioner Masse offered a motion, seconded by
Commisskx~er Bostwick and MOTION CARRIED that the
Anaheim City Planning Commission does hereby
recommend to the City Council the adoption of the
ordinance attached to the May 13, 1998 staff report wfth the
foNowing d~anges:
Capitalization of the restaurant definRku~s throughout the
various Code Sections; and
Deletion of Subparagraphs •020 and •030 of Section 8 found
on Page 7 of the draft ordinance.
Concurred w/staff
Recommended
adoption of the
ordinance to the
City Council with the
changes made at
the meeting
Karen Dudley, Associate Planner, explain ~'he~i urean~ oth~pr 9 ~ dCo~ n9 mendment
is to provide definitions for varkws types
establishments, indudic~ cocktaN lounges and nightclubs, and provide regulations for
outdoor dining areas ao ~ ~h ~thina9~~ toshavela discretionary hearing before thea
prNate walkway or pa
Planning Commission.
some of the acMcessory uses to t be sub-restaurantcategories have to fft fn with henma or
restaurant category as well.
through lout all of tthe va oushCode sections whioh will~re~rertlba k to the definition ofians
restaurant.
Commissioner Henninger asked about amend(ng some of the distance criteria for
nightclubs and perhaps eliminating the provision regarding 1000 feet from varbus
institutions and other nightclubs and sex-oriented businesses. k use hours are so different
Page 7, Sections .020 and .030. He added the nigMdubs pea
a~ pr aie otrehta~in tthie~distance requirlement from the~resklential zones~gltt k would be
Karen Dudley explained she had researched the quarter section maps and it would be
hard to meet the 40C-foot distance in the CL zone. There are only a few large shopp;ng
centers that would allow a 400 foot distance. It would also make a lot of existing uses
05/13/96
Page 4
non-conforming, She suggested possibly eliminating Section 8 at this time and maybe
consider that as a polky.
~l~'
Commissioner Henninger stated he though the distance ftom residential is probably a
good kiss. It does eliminate much d the CL becaause a lot of the CL is developed as strip
commercial which backs up to residential and those areas would no longer be appropriate
and he did not think that is a bad idea. He suggested leaving .010 as it is and eliminating
.020 and .030.
Commissioner Bostwkk noted there would not be many placers fn tl'~e City where a
nightdub would be alla+ved and asked about the CR area.
Commissioner Henninger pok~ted out they would be allowed in the industrial zone.
Karen Dudley explained nightdubs are not inducted in the Anaheim Resort or the Disney
Specific Plans but would be allowed as an acx;essory use in hotels and restaurants.
Commissbner Masse felt wfth the trouble we have had with these types of nigMdubs in
the City of Anaheim which have really Impacted residential areas, he agreed with the 400
foot regulation.
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D. a S~F4~ p(EMPTION SECTION 15061 Concurred w/staff
b. CODE AMENDMENT N0.96~12: City initiated request to Recommended
amend Chapter 18.08 of the Anaheim Municipal Code adoption of the
pertaining to parking variance findings. orcfinance to the
city Councu
ACTION: Commissioner Boydstun offered a motion, seconded
by Commissioner Bostwick and MOTION CARRIED that the
Anaheim City Planning Commisskx~ does hereby concur wfth
staff that subject request is exempt from CEOA.
Commisskurer Boydstun offered a motion, seconded by
Commissk~rrer Bostwk:k and MOTION CARRIED that the
Anaheim City Planning Commission does hereby recommend to
the City CouncY the adoption of the ordinance attached to the
staff report dated May 13, 1996.
Greg Hastings, Zoning DNisbn Manager, explained the proposed Code Amendment pertains to
provisions currently existing 1n the parking ordnance, in particular, pertaining to the findings
required to grant a parking waNer. There are two findings whkh the Traffic Engineer's Office is
asking be amended to remove reference to noise and air pollution and traffic circulation
conflicts, and eliminating these would concentrate the effort just on what (s actually In the
parking study.
05/13/96
Page 6
~'
2a. CEQA NEGAT,N'~ECLARATION Approved
2b. CONDITIOII ~,3JS! PERMR N0.3703 (READVERTISED) t~~ to ~ P ~0~3~-
OWNER: SIDNEY E. LEWIS FAMILY TRUST, Attn: Lewis Schmid,
6375 East Tanque Verde Road, Tucson, AZ 85751
AGENT: LEWIS R. SCHMID, 1725 S. Douglass Road, Anaheim, CA
92806
L~OC;+TION: 2600 2620 East Katella Avenue Property is
approximately 3.13 acres located at the southeast comer
of Katella Avenue and Douglass Road.
petitioner requests on-premise sate and consumption of alcoholic
beverages for a previously approved semi-enclosed restaurant with on-
premise sale and consumption of beer and wine.
This hem was continued ftom the meeting of Apra 15, 1996.
CONDITIONAL USE PERMIT RESOLUTION N0. PC96-44
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
- Jason Schmid, 45 Stanford Court, Irvine, explaine.~i the request is to modify the CUP to change the floor
plan in order to update the facility.
Jeff Beckham, GS Beckham Design Associates, Costa Mesa, explained the previous plan presented was
very preliminary in nature and did not really deal with the overall direction of the curceM project. This
plan is a Ifttle more aggressive and stimulating for their dleMele.lt is a full service restaurant.
Mr. Schmid explained the second portion of the request is for pedmic5lon to sell alcohdic beverages so
they can compete with the immediate competftion and the future competfuon in the area and offer a
more dNerse drink menu.
THE PUBLIC HEARING WAS CLOSED.
Jonathan Borcego, Senior Planner, stated before the meeting he passed out a revised staff report which
included the flndings paragraph omitted originally. He refereed to the attached Pdice Department memo
and asked that Conditions 1 & 2 of that memo be added, and that Conditkxrs 3, 4, 5, 12 and 13 are
already k~duded, and Condition No. 6 of the PD memo would replace Condition No. 2d of the staff
report; Condition Nos. 10 and 11 should be added, as well. He suggested Condition Nos. 7, 8 and 9
conilk.K wfth curcent condftions, and that Condition No. flt7 should ~ Ifled to stela that tyre ~ all be
no live entei~inmerrt, amplfflei music or dancing pemn P~ PPr~
05/13/96
Page 7
Concerning C:xxlftion No. 8, he suggested the Commission ask ff the applicant intends to sell beer that
is brewed on the premises.
f He thought Condtion No. 9 of the PD memo conflicts with existing condfdons.
Condition 2g currently allows them to have two exterior advertising devices advertising alcohdlc
beverages and unless the Pdk;e Department feels otherwise, staff would ask that the existing language
be allowed to remain.
Chairperson Mayer asked if the Mkro Brewery Sales would exist, other than what is served in the
restaurarrt.
Mr. Schmid responded, 'Not now, but possibly in the near future.' He explained they would have sales
to other restaurants.
Irnestigator Engle, Anaheim Pdk:e Department, asked what they are going to do wftl~ the beer they are
brewing there nowt
Mr. Schmid responded they wGl sc~ ft on the premises. He added in the future they might keg ft and sell
ft to other restaurants, but would not sell ft to go.
He explained they have a 3120 gallon capacfty whk;h is approximately 6200 kegs per year.
Commissioner Masse da,ifled they are not considering having the brew bolded, and then sdd at the
restaurant at this time; and Mr. Schmid responded that is true but there 15 a possibpfty of that In the
future, maybe 5 years from now, but right now the answer is "no'.
Commisskxzer Masse referred to the Pdk:e [~epartment recommendation that the sale of alcohdic
beverages should be modified to indude the words, 'for public consumption'.
Chairperson Mayer added the Commission's action would not prohibit them from selling their product to
other restaurants.
Irnestigator Engle stated as long as they are selling k to other restaurants, ft would be consklered
'~vhdesale'.
Commissioner Henninger asked about Condftions 14,15, 16 and 17.
Jonathan Borrego responded those Corxlftions should all be added, and those would be consistent wfth
the operation he is proposing.
Commissbner Henninger stated Condftion No. 6 should be rewritten since ft (s based on the dd Codd
which was 5096 and now we are talking about 6096 of the revenue from food.
and the second sent tenceagshould be deleted. Condftion ~6 should be modified to delete the wiord signs
"sututarnialiy' and Condftbn No. 8 should be eliminated.
~~~ Masse suggested Condtoion No, 4m should be modified to read, 'in a number and In a
manner as determkred by the Anaheim Pd~e Department.'
05/13/96
Page 8
Responding to Chairperson Mayer, Investigat^r Engle explained they dvouk conskler a minimum of one
security pen:~on and a maximum of 3 ff entertainment was provkfed and Commissioner Henninger
suggested inducting those Iimks to the condition.
Mr. BoRe9o stated the original condition prohibiting dancing should be elim[nated and dancing would be
permitted as long as they have a valid permit from the City.
ACTION: Detemtkred that the previously approved negatNe dedaratbn is adequate to serve as
the required environmental documentation for subject request.
Approved modification to Conditional Use Permit No. 3703 to perrrrit sale and
consumption of alcoholk beverages with the fdlowing changes to conditions:
Deleted Condtiion No. 8
Modified Condition Nos. 2c, 2d, 2h, 2m, 4, and 6 to read as fellows:
2-c. That the sale of alc;ohoik beverages for public consumption off the premises shall
be prohibited.
2-0. That the gross sales of alcoholk beverages shall not exceed forty (40) percent of
the total gross sales during any three (3) month period. The applicant shall
maintain rec~nds on a quarterly basis indkating the separate amounts of sales of
alcoholk beverages and other hems. These records shaA be made avaAable for
Inspection by any City of Anaheim official when requested.
2-h. That there shall be no INe entertainment, amplified music cr its as~equired by
on the premises at any time without Issuance of props perm
the Anaheim Munkipal Code.
2-m. At any time entertainment is provided on the Premises, the applicant(s) shall
provide a maximum of three (3) unifom~ed security guards (who shall comply
with all requkements of the California Department of Consumer Affairs and the
Anaheim Munkipal Code) to maintain order therein as directed by the Anaheim
Pdke Department.
4. That any Proposed freestanding sign on sr,Wect property shall be a
p b u ev~lew emend ep{ xoval ofi thoe City (Traffk land Trgansportatknl Managerto the
determine ad~;uate Imes-of-sigh.
6. That subject property shall be developed in accordance with plans ar+.d
cpecifirations submitted to the Cfty of Anaheim by the petitioner and whkh plans
are on fAe with the PlanrJng Department marked Exhibit Nos. t through 4, and
Restaurant Exhibit Nos. A through E.
Added the following new ~rondttlons:
That the granting of the Parking waNer is contingent upon operation of the use in
confomrance wkh the assumptkns relating to the operation and intensity of use as
c;o,~tained in the parking demand study that formed the basis for approval of said
05/13/96
Page 9
variance. Exceeding, violating, intensifying or athervvise deviating from ~Y of said
~ ~ ~imnposed upon~said variarxe which shall su that variance
~- to termination or modifk~tion pursuant to the provisions of Sectbns 18.03.091 and
18.03.092 of the Anaheim Munidpal Code.
That the esS,bllghrnent shall be operated as a'Bona Fide Public Eating Place' as
deflmed by Sersion 23038 of the California Business and Professkurs Code.
That there shall be no bar or lounge maintained on the property uNess Ik:ensed by
Alcohdk: Beverage Contrd and approved by the City of Anaheim.
That the a occurring k conjunction wfth the operation of this establishmern shall
not cause noise disturbance to surrounding properties.
That sales, senAce and consumption of alcoholk: beverages shall be permitted only
between the hours of 10:00 a.m. as 2:00 a.m. each day of the week
That all doors serving subject restaurant shall conform to the requkemerns of the
Uniform Fire ode and shall be kept dosed aril unlocked at all times during hours of
operatkxt eccept for ingress/egress, deliveries and In cases of emergency.
That there shah be nc cdn-operated telephones on the property that are located outskle
the building and within the cornrd of the applk:arn.
That the portkx~ of this permit regarding the sales of alcohd shall expire cna year ftom
the date of approval unless a valid license has been issued by the t',alffomla Department
of Alcoholk: Ber:erage Cornrd.
That any outdoor dining area shall be completely enclosed by fencing or other such
permanent structure as approved by the City, at least forty (40) Inches in height, Into
whk:h entry Is only possible ftom the irnerkx of the twsir>ess. Emergency exits required
by the Unfforn Flre Code shall be maintained, bit not utNized by patrons/employees
other than in an emergency.
VOTE: 7~
DISCUSSION T1ME: 17 m(nutes
05/13/96
Page 10
3a. CEQA NEGATIVE DECLARATION Continued to
3b. WAIVER OF CODE REQUIREMENT May ~~ 1996
rONDITIONAL USE PERMIT N0.3836
3c.
OWNERS: ARCO PRODUCTS COMPANY, Attn: John Lindskog,
4 Center Pointe DrNe, Std Floor, La Palma, CA 90623
CLARENCE D. end RHEA L MEDDOCK FAMILY
TRUST, 1420 E. Katells Avenue, Anaheim, CA 92805
AGENT: ROBERT H. LEE & ASSOCIATES, Attn: Tom Rig~e,
1201 S. Beach Blvd., Suite 207, La Habra, CA 90631
LOCATION: 1801 South Stets ~olleae Boulevard (Arco Service
Stationl• property Is approximately 0.91 acres
located at the southwest comer of ICatella Avenue and
State Cdlege Bowlevard.
To establish a 2,796-square foot sendce station with an axessory
convenience market providing off-premise sale and consumption of
beer and wine with waivers of minimum number of trees and requires:
parking lot landscaping.
CONDITIONAL USE PERMIT RESOLUTION N0.
FOLLOWING IS A SUMMARY OF THE ~tJ1NNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Continued subject request to the May 29, 1996 Planning Commis~~fon meeting in
order to allow the petRkx~er to address traffk: and pdice concerns related to subject
Pr~•
VOTE: 7-0
DISCUSSION TIME: This Rem was not discussed
05/13/96
Page 11
4a. GEQe NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved
4b. WAIVER OF CODE REQUIREMENT APP~~
4c. CONDITIONAL USE PERMIT NO 3442 (READVERTISED) Approved modffk:a-
tion to CUP 3442
OWNER: MIRALOMA RED GUM, A+tn: Louis and Frauds
Cannon, 231 16th Street, Sarna Monk, CA 90402
AGENT: GENE HOBEL, 2901 E. Miraloma Avenue, Unft 1,
4naheim, CA 92806
LOCATION: 2901 East Mlralonw Avenue nit 1). Property >s
appro~dmately 8.86 acres located at tho northwest
comer of Mkakxna Avenue and Red Gum Street.
To pem~t the on-premise sale and consumptbn of leer and wine
and accessory outdoor dining area, in conjuncxion wfth an existing
restaurant with waiver of required setback adjacent to an arterial
highway.
CONDITIONAL U:~E PERMIT RESOLUTION NO. PC96-45
FOLLOWING IS A SUMMARY OF THE P~1.i~iNING COMMISSION ACTION.
OPPOSITION: None
Gene Hobel, 741 S. Momingstar, stated they are requesting a CUP to allow an outdoor patio eating area
He explained he purchased this sandwich shop In December and has irnested about $100,000 in
knprovementss. Many people like to sft outskle to eat and this grassy knell area fs blocked by a hedge
and he dk1 not think K would be an Impact. He stated he is also requesting permission to serve beer
and wine; and that he has been in the restaurant business for fiheen years and has not had any
vitiations or any problems.
He explained he has not seen a copy of the staff report.
THE PUBLIC HEARING WAS CLOSED.
Commissiorsr Bristd asked about the fence for the patio area.
Mr. Hobel stated he d, o not have those plans yet. The perimeters are specNied by the Alcohd~
Beverage Contrd Board and k naa to be at least 3 fast high. He stated he did plan on constructing the
barrier himself using 4x4s with fence holders set IMo the r~ncrete and 3 or 4- foot spans, and maybe a
raN with 15 or 16 Inches above.
Chairperson Mayer referred to the canditions on page 5.
05/13/96
Page 12
Mr. Hobei stated there are three trees on the property at this time and he is talking to the landlord about
moving them because they would die when the path Is bunk. He dki not think h would be good to have
~~l trees above where things could drop. He added the cx~st to move the trees is prohibitive.
Jonathan Borrego stated due to the see of the existlng trees, he though at least 24' box trees should
be used to replace them on a one to ate bass, preferably somewhere dose to where they are now in
that general planter area
Mr. Nobel submitted photographs of the area, pointing out the area where shrubbery wql be planted and
noted this is the only area where those trees could possibly be located. He stated there are trees all
along Mtraloma in front of the complex.
Jonathan Borrego suggested the applk~nt subma a landscaping plan showing the trees to be planted
and that staff would work with hkn. If there are trees to be removed, there should bA a tradeoff with
srxne other landscaping provided.
Cornmissloner Boydstun agreed that the Iiquki amber trees are rather messy and maybe he cook!
replace them wah some other type of tree.
Mr. Nobel stated he plans to have some large day or plastic pots in all the comers and have plants in
those pots and they would be a nice size tree, making it a pleasant place to siG
Jonathan Borrego asked that the applicant review the condftions recommended by the Pdice
Department.
Mr. Nobel referred to No. 7 and asked ff he could go through the proper channels for a permit if he
deckled to have a Jazz ~uftarist there in the future. Mr. Borrego responded the condftion could be
modified to allow that.
Irnestigator Engle, Anaheim Pdk;e Department, referred to CondRion No. 3 and asked that the words,
'With a full meal' be eliminated so that h just states that food service sl-~all be available.
Commisskx~er Henninger asked that Conditon No. 6 be amended to provkle for the 6096 food sales.
Irnestigator Engle asked about the hours of operation.
1'",are was a lxief discussion regarding the hours of operation and Mr. Nobel stated currently he opens
at 10:30 a.m. and stays open on Monday and Tuesday untY 6 p.m., and Wednesday and Thursday until
7 p.m. and Friday untN 8 p.m. He asked N that could be changed to 9 p.m.
It was agreed that Condition No. 3 should be amended to reflect the hours of operation.
Mr. Nobel stated he wants to have the beer and wine sales because the customers have asked for ft and
>< goes goad with the barbecue. He stated he would mostly be selling draft beer and some bottles of
beer.
Commissioner Boydstun asked that a stipulation be made that any alcohd to be sold be opened, adding
she has a real problem with this in the Industrfa! area.
Jonathan referred to Condition No. 9 and asked ff the applk:ant agrees and Mr. Hobe) responded that is
fine.
05/13/96
Page 13
Jonathan Borrego pointed out Condition No.1 limits any alcohdk: sales to beer and wine.
Mr. Hobe) noted the barrier needs to be 40" high. Irnestigator Engle added that is a Pdice Department
requirement.
Greg Hastings stated a Planning Department concebm so wpi tr~tch~thel complex barrier and would
like to make sure that ff is the highest qualRy possi
Chairperson Mayer suggested a detaged barrier plan be included with the landscape plan to be
submitted to staff.
Bn~ce Freeman, Code Enforcement, stated the initial review of this aPplk~n seemed to be fairly
rs that the protect is changing because of ~ hours of operation, with the business
simple, but h appea
being open in the evenings and he though that changes the use totally.
Mr. Nobel responded the People In tha area have requested that he stay open later in the evening,
Indicating they would like to go home and bring their famAles back for dinner.
Mr. Freeman suggested a condition be added requiring the applicant to pay for monthly Code
Enforcement inspections to make sure that the operation is as indicated, and explained currently the
inspection fee is S5a•~•
Mr. Nobel stated he would agree to the inspections ff that is necessary and Commissioner Boydstun
suggested the Inspections occur every other month. Mr. Nobel stat~heH ~~~ to Commissioner
and that he has 6 years left on this lease and has two fiv n~ with the barbecue, etc.
Bristd that he does catering and things like comps Y Pk
Commissioner Messe stated normally he has a big probiem with aicohd sales in the industrial area.
Mr. Hobe) stated his customers are the owners and vice presidents of t foo uandess~in~she very dayathat
this is not a little sandwich shop that sells beer and he wNl have qualfty
he has irnested a lot of n~slble in this business and h is his responsibility selling alcohdic beverages to
make sure people are se
Determined that the prev(ously approved negatNe dedaratlon is adequate to serve
ACTION: as the required emrkonmental documentation for subject request.
Approved Waiver of Code Requirement
Approved modification to Conditbnal Use Permit No. 3442, as readvertised,
permitting the on-premise sale and consumption oar wine and accessory
outdoor dining area with t~ fdlowin9 ~~
Modified Condition Nos. 1, 2 snd 3 to read as fellows:
1. That any alcohd sales shall be limited to beer and wine only.
2. Division of the dn9 De ~ ~~ staff s approvalmed to the Zoning
05/13/96
Page 14
3. That the hours of operation shall be Ifmfted ftom 9:00 a.m. to 9:00 p.m.
Added the fdlowing new conditions:
That the establishment shall be operated as a'Bona fide Pubik Eating Place' as
defined by Section 23038 of the Calffomia Business and Professbns Code.
That there shall be no bar or lounge maintained on the property unless licensed by
Alcoholk Beverage Contrd and approved by the City of Anaheim.
That food service shall be avaAable ftom opening time untU efther 10:00 p.m. or
dosing time, whkhever occurs first, on each day of operation.
That there shall be no pod tables maintained upon the premises at any time.
That subject alcohdic beverage license shall not be exchanged for a publk
premises (bar) type Ik~nse nor shall the establishment be operated as a public
premise as defined In Section 23039 of the California Business and Pro#essions
Code.
That the gross sales of alcoholk beverages shall not exceed forty (40) percent of
the total gross sales during any three (3) month period. The applicant shall
maintain records on a quarterly basis Indicating the separate amounts of sales of
alcoholic beverages and other items. These records shall be made avaUable for
inspection by any City of Anaheim official when requested.
That there shall be no live entertainment, amplified music or dancing permitted on
the premises at any time without issuance of proper permits as required by the
Anaheim Munkipal Code.
That the sale of alcohoic beverages for consumption off the premise. shall be
prohibited.
That there shall be no exterkx advertising of any kind or type, Indudfng advertising
directed to the exterior from within, promoting or indkating the avaAabUity of alcohd
beverages.
That the actNftles occuMng in conJunctkm with the operation of this establishment
shall not cause noise disturbance to surrounding properties.
That sales, service and consumption ~ alcohdk beverages shall be permitted only
between the hours of 9:00 a.m. and 9:00 p.m. on each day of operetion.
That the parking lot serving the premises shall bo equipped with lighting of sufficient
power to Uluminate and make easily discernible the appearance and conduct of all
persons on or about the parking lot. Said lighting shall be directed, positioned and
shksided In such a manner so as not to unreasonably Uluminate the windows of
nearby residences.
That the bus(ness operator shall comply with Section 24200.5 of the Business and
Professbns Code so as not to employ or permit any persons to sdklt or encourage
others, directly or indirectly, to buy them drinks In the Ikensed premises under any
05/13/96
Page 15
c~mmmission, percentage, salary, or other prdit-sharing plan, scheme or conspiracy.
That all doors serving subject restaurant shall conform to the requirements of the
Unfform Flre Code and shall be kept dosed and unlocked at all Umes during hours
of operation except for ingress/egress, deliveries and to cases of emergency.
That there shall be no coirroperated telephones on the property that are located
outside the buNding and within the contrd of the applc:ant.
That the portion of this permit regarding the sales of alcohol shall expire one year
from the date of approval unless a valid license has been issued by the Calffomfa
Department of Alcoholk: Beverage Contrd.
That the outdoor dining area shall be completely enclosed by fencing or other such
permanent structure as approved by the City, at least forty (40) Inches in height,
into whk:h entry is only possible from the interkx of the business. Emergency exits
requ(red by the Uniform Flre Code shall be maintained, but not utuized by
patrons/employees other than in an emergency.
That six (6) random Code Enforcement inspections shall be conducted within a
period of one year. Said inspections shall be paid for by the applicant.
That all alcohdk: beverages shall be opened before being served to customers.
VOTE: 7-0
DISCUSSION TiME: 30 minutes
05/13/96
Page 16
5a. ~EQe NEGATIVE DECLARATION Continued to
May 29, 1996
5b. WAN R OF CODE REQUIREMENT
5c. ~,ONDITIONAL USE 4ERMIT N0.3835
OWNER: Tru ees ~ the Sideris, Famgy Tnut,15201Marine~
Avenue, Manhattan Beach, CA 90266
AGENT: FRANK KYRIAKOS, 899 S. Anaheim Boulevard,
Anaheim, CA 92805
LOCATION: 899 South Anaheim Boulevard [Ted's Bursars).
Property Is arectangularly-shaped parcel of land
located at the northwest comer of Vermont Avenue
and Anaheim Boulevard.
To permit adrive-through Iane in conjunction with an existing fast-
food restau„gM with waivers of minimum number of parking spaces
a'a minimum drive-through lane requirements.
CONDITIONAL USE PERMIT RESOLUTION N0.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: to silo sufficient time fortthetapplicaM to c~or sider airedes 9n of the parking and rder
circulation layout.
VOTE: 7-0
DISCUSSION TIME: This item was not discussed.
ADJOURNMENT
MEETING WAS ADJOURNED AT 2:45 P.M. TO THE REGULARLY SCHEDULED MORNING WORK
SESSION OF WEDNESDAY, MAY 29, 1996, AT 11:00 A.M.
Re Ily submitted,
/'~V~~
Edith L Harris
Planning Commission Support Supervisor
05/13/96
Page 17
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