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Minutes-PC 1997/02/19SlJ ~-RY ACTIO AGE A A A EIM CITY PLA L ' G CO ISSIO EETI G WEDfVESDAY, FEBRUARY 19, 1997 11 A.M. PRELIMIIIARY PLAN REVIEW • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLt1NNING COMMISSION) 1:30 P.M. • PUBLIC HEARING TESTIMONY PRESENT: BOSTWICK, BOl'DSTUN, BRISTOL, HENNIIQGER, MESSE, PERAZA COMIvIISSIONERS ABSENT: MAYER STAPP PRESENT: Selma Mann Assistant City Attorney Greg I-Iastings Zoning Division Manager Cheryl Plores Senior Planner Greg McCafferty Associate Planner Karen Dudley Associate Planner John Poole Code Enforcement Manager Richard Bruclmer Community Development Tim Dunn Code Enforcement Otlicer Tom Engle Vice Detail Alfred Yalda Principal Transportation Planner Melanie Adams Associate Civil Engineer Edith Plnn-is Planning Comntission Support Supervisor Ossie Edmondson Senior Word Processing Operator P:\DOCS\CLERICALVv11 NUTES~AC021997.DOC A. CONDTTIONAL USE PERNIIT N0.3534 - REQUEST FOR SUBSTANTIAL CONFORMANCE: Dolan Construction Company, 3002 Dow Avenue, Suite 114, Tustin, CA 92680, requests determination of substantial conformance to permit the expansion of apreviously-approved outdoor/dining play azea. Property is located at 3210 West Lincoln Avenue (McDonald's). Determined to be in substantial conformance with previously-approved plans SR6459M?:.WP B. a. EIR NO. 313 (PREVIOUSLY-CERTIFIED) Approved h. FINAL SITE PLAN REVIEW NO. 97-06 -REVIEW AND APPROVAL Approved OF A FINAL SITE PLAN: Paul Flowers, _ Mom's Family Restaurant and Buffet, Dreyers Ice Cream and Pizza Pazlor, 1550 South Harbor Boulevazd, Anaheim, CA 92802, requests review and approval of a Final Site Plan, including an elevation plan and sign plan, to install one (1) wall-mounted can-type sign. ACTION: Commissioner Boydstan offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the previously certified EIR No. 313 is adequate to serve as the required environmental documentation for Final Site Plan Review No. 97-06. Commissioner Boydstun offered a moflon, seconded by Commissioner Bostwick and MOTION CARRIED that the Anaheim City Planning Commission does hereby approve the Final Site Plan, including the elevation plan and sign plan (identified as Exhibits No. 1 and 2 on file in the Planning Department), on the basis that the Final Site PIan is in conformance with the Anaheim Resort Specific Plan. SR6467KD. WP DISCUSSION: Karen Dudley, Associate Planner, Planning Department: Stated the request. is for review and approval of a Final Site Plan fora 60 squaze foot internally illuminated can type wall sign to be placed on the west facing elevation (facing Harbor Blvd.). The sign is approximately 12 feet in length by 5 feet in height. It is a tri-color sign and cazries the entire name of"Mom's Restaurant". Staff reviewed the plans and found it to be in conformance with the design guidelines and the site development standards of the Anaheim Resort Specific PIan. The applicant's environmental compliance form was also review and was found to be within the pazameters, assumptions and time frames analyzed under the previously certified Environmental Impact Report No. 313, for the Anaheim Resort Specific Plan. Upon review, the Miflgation Monitoring Program No. 0085 for the Anaheim Resort found that there arc no mitigation monitoring measures required in conjunction with this project other than review of [he final site plan. 02-19-97 Page 2 2a. CEOA NEGATIVE DECLARATION Approved 2b. RECLASSIFICATION N0.96-97-09 Granted, Unconditionally 2c. WAIVER OF CODE REQUIREMENTS Approved, in part 2d. CONDPITONAL USE PERMIT N0.390G Granted, in part 2e. TENTATIVE TRACT MAP NO. 15418 Approved OWNER: ANAHEIM REDEVELOPMENT AGENCY, 201 S. Anaheim Boulevazd, Suite 1003, Anaheim, CA 92805 AGENT: ICAUFMAN & BROAD OF SOUTHERN CALIFORNIA, 180 N. Riverview Drive, Suite 300, Anaheim, CA 92808 LOCATION: Property locations arc as follows: (11 at the northeast corner of Cvoress Street and Olive Street and (21 at the southeast corner of Pauline Street and Adele Street and further described as 300 304 304'/s 308 308''/z 312 312'/: 314 314'/ and 320 North Olive Street• 300 301 306 306'/s 308 309 310 311 312 312'/: 315 and 317 North Sabina Street: 300, 305, 307, 312, 318 and 322 North Pauline Street• and 411 415 419 421 517.521 and 527 East Cvpress Street. Property is approximately 3.79 acres. Reclassification No. 96-97-09: Petitioner requests reclassiScation of subject property from the RS-5000 Zone to the RM-2400 or a less intense Zone. Conditional Use Permit No. 3906: To permit a 51-unit, 2-story affordable condominium complex with waivers of (a) maximum structural height, (b) minimum structural setback, (c) minimum distance between buildings, (d) minimum number of pazking spaces and (e) minimum recreation-leisure azea. Tentative Tract Map No. 15418: To establish a S-lot and 1 lettered lot, S Z- uni[ airspace condominium subdivision. Continued from the Flanning Commission meeting of February 3,1997. RECLASSIFICATION RESOLUTION NO. PC97-11 CONDITIONAL USE PERMIT RESOLUTION NO. - SR6461DH.WP ~'OLLOGTS AS~'i~_Olt'TIIE;PLAN1!IINar CO1i~I1dYI.SSION,ACTION, ;: , , OPPOSITION: 2 people spoke with concerns and submitted a petition each with signatures in opposition to subject proposal. CONCERNED: 1 person was happy about the stop sign proposed to be installed on the intersections of Cypress and Olive and about Pauline being kept open, but was concerned about the front yazds proposed for the condominiums and requested that the homeowners azound the project be provided with a schedule of activities. 02-19-97 Page 3 DISCUSSION: Kristin Lusk, Kaufman & Broad Project Manager: Stated since the last Public Hearing two weeks ago they have meet with the community and came up with a few changes that they feel work better for the community, which are as follows: 1. 4-way stop at Cypress and Olive Street -The stop sign is going to be installed to relieve potential traffic problems. 2. Closure of Pauline Street -They have revised the site plan and opened Pauline loosing two units in the process but they feel it is going to work better for the project. 3. Affordable Project -This is a 100% affordable project. 4. Fire Safety -They met with the Fire Department and have agreed install sprinklers in all of the units. There will also be a designated fire lane within the community that will have signage indicating no pazking as in the Heritage community. Kristin Lusk stated they held a meeflng with the RDA, Rod Hallack, Dora Monzon and Rick Collette regarding the on-site trash Yuck turnaround and storage areas (on site trash truck). They worked out an alternate solution with the following condiflons 1. Tentative Tract Map No. 15422, Condiflon No. 7 and 12 be deleted. 2. Tentative Tmct Map No. 15418 ,Condition No. 9 (on-site stomge areas) be deleted. Greg Hastings: Stated he though[ she was referring to the Conditional Use Permit conditions, Kristin Lusk: Stated they believe the condition should read as follows: "That a plan for solid waste storage and collection shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. Each unit shall have a specific collecflon azea for it's trash cans. The HOA will maintain a program that imposes fines on homeowners who do no[ put away their trash cans within 24 hours after collection. Each trash can will have the street address on i[ to ensure that the homeowners association knows to whom it belongs. Developer agrees to have the purchasers sign a special disclosure form that stipulates the special trash collection area and possible fines from the HOA. This stipulation will also be included within the CC&R's." Kristin Lusk stated K&B worked with them and they agreed this would be an acceptable plan. K&B aze going to designate exactly which azea each units should put their trash cans. At this time she provided staff with a copy of the proposed wording. Commissioner Henninger: Stated perhaps they could accomplish the same function by taking Condition No. 7 and striking the words, "and in accordance with approved plans on file with said Department". Kristin Lusk: Stated K&B felt they now have come up with the best alternative site plan. Cheryl Flores, Senior Planner, Planning Department: Staled she did have the comparison that the RDA distributed; the comparison between the old site plan and the current site plan with Pauline Street open. Commissioner Henninger. Asked what the issue was with Condition No. 12 (page 17) Kristin Lusk: Responded the trash storage areas. Melanie Adams: Stated she believed this Condition should remain. Kristin Lusk; Concluded by stating they felt that this plan will work for both of the communities. They have worked with the azchitecture and the colors to make sure that they complement the community across the street. They are hoping to have the front yards along Cypress open without hedges or gates so it is compatible with Heritage which also does not have any. 02-19-97 Page 4 Jim Fueger, homeowner at Heritage Place and Boazd President: Stated they me[ with Kaufman & Broad and he was very happy a 4-way stop sign would be installed. They are happy that Pauline Street will remain open. They are concerned that the front yards, primarily those facing Cypress, blend in with their front yards. They are hoping the bonvood hedge or rod iron fence aze not installed. They would like a schedule of activities, (construction and when groundbreaking will be scheduled, etc). He thanked the Agency and Kaufman and Broad for listening to them and making those changes. There was one concern brought up at their community meeflng which the Agency is going to be looking into, which is, the intersection of Olive and Lincoln Avenue. Nina Gonchazov resident at 482 East Cypress Avenue: Stated she is submittinga pefltion from homeowners opposing the rezoning, from single-family homes to condominiums. The petiflon was handed out to the Commission for it's review. Chairman Messe: Stated the petition submitted objected to the construction of condominiums based on assurances made by Kaufman & Broad upon purchasing of their homes. There was a contention that certain promises were made that Heritage extend across the street and would contain only single-family homes. Steve Lisk, Division President for Kaufman & Broad: Stated they have not seen a copy of the petition. He assured the Commission that they are very clear on their disclosures about not representing uses of property that are not in their control at that time. He could not comment on what may have been said between the sales agent and a prospective buyer. However, they are very diligent and careful about the representation they make knowing at the time they did not control the property and would not be in the position to comment on it, at the time of purchase. Richard Bmckner, RedevelopmenUEconomic Development Manager, Community Development Department: Stated regarding the zoning, in 1991 this property was rezoned to RM-5000. At that time, Planning staff and Commission were awaze that they were planning townhomes a[ this site. They have been in acquisition mode on this site since that time. Therefore, he does not believe it was any secret as to what they were attempflng to do. When the rezoning went through, the Agency made Commission and staff awaze that they would be coming in with the request. He felt the plan is consistent with the General Plan Designation on the site. PUBLIC HEARING WAS CLOSED Chairman Messe: Asked about the northwest boundary where some of the units are right up against single-family residences and asked for a clarification. Greg Hastings, Zoning Manager, Planning Department: Responded the area referred to is developed for multi- familybut it is zoned single-family. Chairman Messe: Asked if there would be extensive landscaping against that piece of property Mike Murphy, Project Civil Engineer for Kaufman and Broad, 30 E. McCormick Street, Costs Mesa: Responded there is an 11 foot setback on the area to the northwest and there is a 3-plex or 4-plex building immediately adjacent. Chairman Messe: Asked if there aze going to be any windows in opposition to any of the present building there (to the northwest). Mike Murphy: Responded there will be windows on the side of the building, however, there will be a 6-foot perimeter wall in that location at the property line. Chairman Messe: Asked would there be any large trees put in [o help the privacy of the single-family zone 02-19-97 Page 5 Mike Murphy: Responded there is would be one or two second story windows that could look down into the adjoining property to the northwest. Everything else is oriented towards Olive Street. They would be happy to plant something lazger than a 15-gallon tree there to create a privacy screen. Melanie Adams, Associate Civil Engineey Public Works Department Based on the submitted revised plans there are a few conditions that need to be modified which she read into the record as follows: 1. Conditional Use Permit No. 3906 -Page 16, Condition No. 2. 2. Tentaflve Tract Map No. 15418 -Page 19, Condition No. 4 and the Table. 3. Tentative Tract Map No. 15418 -Page 19, Condition No. 6. Chairman Messe: Stated the following correction: I. Under Recommendation -Page 16, paragraph 4. Chairman Messe: Asked what income bracket is considered "very low ". Richard Bruckner: Responded lower income is 80% of the medium income for the area and that is in the $40,000 salary income range. A person earning that would pay no more than 25% of their income towazds total housing costs which includes principal interest and insurance on the properly. 100% of the units will be either lower income or moderate income {100%of the medium income). Commissioner Boydstun: Asked if there would be special financing. Richard Bruckner: Yes. He was no[ certain it would be on 100% of the units but they will make the units affordable to the 25%. Chairman Messe: Asked if there would be a preference for Anaheim residents. Richard Bmckner: Responded in the past the agreements with ICaufman 8c Broad have had a prererence for people either now living in or working in Anaheim and they had a responsibility to market directly. In the past they have worked very closely with the school districts and other major employers to make this opportunity available to their employees. Greg Hasflngs: Stated the following modificaflon into the record: 1. Conditional Use Perini[ No. 3906 -Page 18, Condition No. 19 (modified to replace the Exhibits with one presented to Commission). Also there is a possibility that the corner parcel, northeast corner of Olive and Cypress, may not be an initial part of this so when this project is developed it may not end up in substantial conformance. Chairman Messe: Stated the Agency is working on the acquisition of that pazcel. Greg Hastings: (Agreed with Chairman Messe) Stated that pazcel is not acquired they would have to come back for substantial conformance. Cheryl Flares, Senior Planner, Planning Department: Regazding petitioner's request to delete conditions pertaining to the trash track turnaround. They have supplied modified wording which would pertain to Item No. 3 (of Tentative Tract Map No. 15422) Conditional Use Perini[ No. 3907 on page 9, Condition No. 12. It also pertains to Item No. 2 Item No. 2 on page 17, Condition No. 7 which staff recommended additional wording to be added at the end, "The solid waste storage and collection plan shall be carried out and maintained to the satisfaction of the Public Works Department". Jim Walker, property owner on Olive StreeC Submitted a petition and stated he had quesflons about the Cypress Street Project concerning traffic and density of housing. He stated he planned to appeal i[. He stated no one made any effort to meet with him on the items he mentioned in the last meeting. 02-19-97 Page 6 ACTION: Approved Negative Declaration Granted Reclassification No. 96-97-09, unconditionally Approved, in part, Waiver of Code Requirement on the basis that the waiver (c) pertaining to minimum distance between parallel walls and waiver (d) pertaining to minimum number of parking spaces were deleted following public notification. Granted, in part, Conditional Use Permit No. 3906 with the following changes to conditions: Modified Condition Nos. 2, 7 and 19 to read as follows: 2. That prior to approval of a precise grading plan, all condominium units shall be assigned a street address by the Building Division. All units shall be addressed from Adele SVeet, Olive SVee[, Cypress SVeet, Pauline SVcet or Sabina SVeet. The east - west access drive does not meet private street standazds. 7. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, SVeets and Sanitaflon Division. Such information shall be specifically shown on the plans submitted for building permits. 19. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner at the Febnrary 19, 1977, Planning Commission meeting and which plans aze on file with the Planning Department. Added the following new condition: That the units located on the north side towazds the west end of the project shall be fully screened with lazge Vces. Approved Tentative Tract Map with the following changes to conditions: Modified Condition Nos. 4 and 6 to read as follows: 4. That prior to grading plan or 5nal tract map approval, whichever occurs first the developer shall submit sVeet improvement plans to the Public Works Department, Development Services Division for sVcet improvements along Adele SVcet, Olive Street, Cypress SVeet and Pauline SVeet. Bonds shall be posted for public street improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. The improvements shall be constmcted prior to the first final building and zoning inspection. _ Existing R/W Ultimate R/W Curb Location Minimum sidewalk width* Adele SVeet 26.25' 26.25' 17.2' 4' Olive SVeet 26.25' 32.00' 20.00' S' Cypress SVcet*" 34.00' 34.00' 19.50' 4' Alleys 10.00' Pauline 27.00' 30.00' 18.00' 4' ' Sidewalk shall be located adjacent toright-of-wny line. Landscaped parkway required betweencurb and sidewalk " ConsW coon centerline is 6.5 feet north ofthe survey centerline. All locations are measured from the survey centerline. 02-19-97 Page 7 6. That the Community Development Department shall complete the sewer capacity analysis for the project within the Master Plan for Sewers pertaining to the Old Town/Basin 8 sewer capacity for a number of projects managed by the Community Development Department. The analysis will determine whether the sewer capacity mitigation fee is applicable for this project. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for Tentative Tmct Map No. 15418 and the 22-day appeal rights for the balance of the project. DISCUSSION TIME: 34 minutes 02-19-97 Page 8 3a. CEOA NEGATIVE DECLARATION 3b. RECLASSIFICATION N0.96-97-10 3c. WAIVER OF CODE REOUIIIEMENTS 3d. CONDITIONAL USE PERMIT N0. 3907 3a TENTATIVE TRACT MAP NO. 15422 OWNER: ANAHEIM REDEVELOPMENT AGENCY, 201 S. Anaheim Boulevazd, Suite 1003, Anaheim, CA 92805 AGENT: KAUF1v1AN & BROAD OF SOUTHERN CALIFORNIA, 180 N. Riverview Drive, Suite 300, Anaheim, CA 92808 LOCATION: Property locations are as follows: "Olive Infill" Parcel No. 2 Property is approzimately 0.36 acre located on the east side of Olive Street approrimately 300 feet north of Broadway and further described as 128 and 202 South Olive Street; "Olive Infll"Parcel No. 3 Property is approximately 0.57 acre located on the west side of Olive Street approximately 155 feet north of Broadway and further described as 203, 209, 211 and 215 South Olive Street. Reclassification: Petitioner requests reclassification aF the subject property from the RM-1200 Zone to the RM-2400 or a less intense Zone. Conditional Use Permit No. 3907: To permit an 11-unit, 2-story condominium complex with waivers of minimum structural setback and maximum structuml height. Tentative Tract No. 15422: To establish a 2-lot, 11-unit airspace condominium subdivision. Continued from the Planning Commission meeting of Februazy 3, 1997. RECLASSIFICATION RESOLUTION NO. PC97-13 Approved Granted Denied Granted, in part Approved CONDITIONAL USE PERMIT RESOLUTION NO. ncn~-~ a - ________ SR6462DH.WP I'`ULLUWIPIG IS A SU~mARX t?R TEE P~APiNTNG L"~M&TIS$ION Af°1TbId,>. , „> ,,.. , , , ,, ..: OPPOSITION: None DISCUSSION: Kristin Lusk, Kaufman & Broad Project Manager: Stated they have met with the Agency and staff and they have increased the setbacks in the front and me[ their concern and feel that since this is right next to another townhome project of the same nature that it fits well with the surrounding uses. PUBLIC HEARING WAS CLOSED 02-19-97 Page 9 Melanie Adams, Associate Civil Engineer, Public Works Department: She recommended modification of Condition No. 7 on page 10. ACTION: Approved Negative Declaration Granted Reclassification No. 96-97-10 Denied Waiver of Code Requirement on the basis that the proposed waivers were deleted following public notification. Granted, in part, Conditional Use Permit No. 3907 with the following changes to conditons: Modified Condition No. 12 to read as follows: 12. That trash storage azeas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division. Such information shall be specifically shown on the plans submitted for building permits. Approved Tentative Tract Map No. 15422 with the following changes to conditions: Modified Condition No. 7 to read as follows: 7. That the Community Development Department shall complete the sewer capacity analysis for the project within the Master Plan for Sewers pertaining to the Old Town/Basin 8 Area. The analysis will determine whether the sewer capacity mitigation fee is applicable for this project. VOTE: 6-0 (Commissioner Mayer absent) .Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for Tentative Tract Map Na. 15422 and the 22-day appeal rights for the balance of the project. DISCUSSION TIME: 5 minutes 02-19-97 Page 10 4a. CEOA NEGATIVE DECLARATION Continued to 4b. WAIVER OF CODE REOUD2EMENTS 3-17-97 4c, CONDITIONAL USE PERMIT NO. 3903 OWNER: TAORMINA INDUSTRIES, INC., c/o Richard B. Winn, P.O. Box 309, Anaheim, CA 92815 AGENT: ARCHITECTURAL TEAM THREE, Attn: Lon Bike, 14 Hughes Street, Suite H-204, Irvine, CA 92718 LOCATION: 2830 East Gretta Lane. Property is approximately 0.57 acre on the south side of Gretta Lane, approximately 366 feet east of the centerline of Blue Gum Street. To permit a transmission repair facility within an existing 12,399 square- foot industrial building with waivers of minimum number of parking spaces and permitted outdoor uses. Conflnued from the Planning Commission meeting of January 22, 1997 CONDITIONAL USE PERMTT RESOLUTION NO. SR6457JI{. WP FOLY.OWtt~G~S e~>tiYIi641t4AIt>OTt'"1`~1S;~T,At~IG'r CU14i1VY;T5S1fON~C'~`~O1tI_„ , ` „ , , ,, OPPOSTTION: ACTION: VOTE:- None Conflnued subject request to the March 17, 1997 Planning Commission meeting in order for the pefi6oner to submit revised plans. 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 02-19-97 Page 11 Sa. CEOA NEGATIVE DECLARATION Approved Sb. CONDITIONAL USE PERMIT N0.3901 (READVERTISED) Granted OWNER: F.J. HANSHAW ENTERPRISES, INC., 10921 Westminster Avenue, Garden Grove, CA 92843 AGENT: GEORGE CASTQ 10921 Westminster Avenue, Garden Grove, CA 92843 LOCATION: 1112 North Brookhurst Street fSuoer Johan Marked. Property is approximately 0.91 acre located north and east of the northeast corner of Brookhurst Street and La Palma Avenue. To permit a 1,460 square-foot expansion of an existing convenience market. Continued from the Planning Commission meeflng of January 6, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-t5 SR6452DS: WP „ ~ ..~ . ; , ; ... , ....., ~O~dGUWING~5 ~.STJMlt~.4,>tY' OF k~~ANNIN(s COA~tvIISS]EOI~ AGTIO~I .. ,,.., , .... OPPOSITION: None DISCUSSION: Achid Mehr, 808170th Street, Buena Park, CA: Stated he was representing Super Johan Market which was a legal non-conformance use and they are proposing to extend it by 1,400 square feet in two directions (the south and west side of the existing store). He agreed with all the conditions that staff has recommended except one. He reviewed the sign ordinance and he believed they comply with the ordinance to keep all the three existing wall signs that they have. The total advertising area is going to be approximately 48 square feet. As he understands it, staff is recommending that the central sign ro remain and if they eliminate one it probably will satisfy some of the provisions of the sign ordinance and would reduce the visual pollution. At the same time he would like to request ko keep two signs because of the nature of business and the distance from the existing wall signs to La Palma and Brookhurst. The signs are very small, the center one is the lazger, approximately 12' X 18". It is quite difficult for the public~o see what sort of business it is and the owner of the property would like [o also advertise in Persian. He requested that they keep both signs (in the center and on the south side). Another concern he had was Condition No. 9 (Page 6). He did not have any knowledge of Conditional Use Permit No. 595 , to which the Condition refers. PUBLIC HEARING WAS CLOSED Cheryl Flores, Senior Planner, Planning Department: Stated with regazd to Condiflon No. 9, is typically done. It is a house keeping type issue where the Conditional Use Permit that is not long in use is terminated whenever we have an application for a new Conditional Use Permit This would be done by the property owner. Ackbaz Mehr: Asked for clarification as to who would to this. Chairman Messe: The owner of the shopping center. 02-19-97 Page 12 Cheryl Ftores: Responded to Commissioner Bostwick's question by sta8ng the Code allows him to have the three signs. It would be up to the Planning Commission to decide if they want to restrict the number of signs a[ this one particulaz business. Commissioner Boydstun: Asked if he is requesting two signs. Akbar Mehr: Responded they believe they do no[ have use for all three and if Commission feels it reduces visual pollution they will eliminate one and keep two signs. The reason they want two is that they have several things to advertise, advertise in two languages and mention what kind of groceries that they aze selling. Chairman Messe: Asked if they were comfortable with Condition No. 8 which states they would complete Condition No. 3, 4 and 9 within 30 days. Akbar Mehr: 30 days is acceptable. Commissioner Boydstun: Stated the owner of the property will not be contacted so it is up to the petitioner to asked the owner to send the letter in. Akbar Mehr: Stated he would to contact the property owner. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3901, as readvertised, with the following changes to conditions Modified Condition No. 4 to read as follows: 4. That only two (2) wall signs shall be allowed for subject business, and that [he remaining unused sign shall be removed and the wall face thereupon refurbished within thirty (30) days of the date of this resolution. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TD1~IE: 11 minutes 02-19-97 Page 13 6a. CATEGORICAL EXEMPTION -CLASS 21 66. CONDITIONAL USE PERNIIT NOS. 1594 AND 3421 OWNER: ANDREW LUI, 1458 Tames Way, Anaheim, CA 92801 AGENT: EVERANDO GODOY, 26851 Bridgewood Drive, Laguna Hills, CA 92653 LOCATION: 500 North Brookhurst Street (La Estrella Restaurant). Property is approximately 1.2 acres located at the northeast corner of Alameda Avenue and Brookhurst Street. City-initiated (Police Department) request to consider the revocation or modification of Conditional Use Permit No. 1594 (to permit a restaurant with on-premises sale and consumption of alcohol with waiver of minimum stmctuml setback) and Conditional Use Permit No. 3421 (to permit a public dance hall). Continued from the Planning Commission meeting of January 6, 1997 and January 22, 1997. CUP 1594 RESOLUTION NO. PC97-16 CUP 3421 RESOLUTION NO. - Concurred w/staff Modified CUP's 1594 & 3421 for a period of b months (To expire 8-19-97) SR6409DH. WP ;FO~k,OWT;~f(.~I~,t~ S'fTMi MAR7C O~ TSB 1!~,A,NNIdVG~ISSIOk~ k('TIOI!Ir..,,..,.' ... ...... ..... OPPOSITION: None DISCUSSION: John Poole, Code Enforcement Manager, Code Enforcement Division: Stated the hearing was requested by the Police Department and Code Enforcement to consider revocation or modification of Conditional Use Permit No. 1594 and 3421 pursuant to the Anaheim Municipal Code Requirements. They requested the hearing after extensive investigaflon by both the Police Department and Code Enforcement Division. The business is permitted by Conditional Use Permit No. 3421 under the following conditions given by the City Council on August-22, 1995. The conditions that aze not being complied with based on their investigation, were as follows: L That the premises shall be maintained as a bonafied restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. 2. That the quarterly gross receipts of alcoholic bevemges shall not exceed the gross sales of food or other commodities during the same period. 3. The entertainment provided in the premises shall not be audible beyond the area or control of the licensee. No alcoholic beverages shall be consumed on any property adjacent to the license premises and under the control of the licensee. 4. That the petitioner shall be responsible for maintaining a litter free azea adjacent to the premises over which he has control. 02-19-97 Page 14 Mr. Poole stated these aze conditions staff has investigated and found they are not being complied with. They recently meet with the property owner and business owners to discuss the problems that had been ongoing for some time. They were very agreeable to make changes to get the business into compliance but staffs concurrence is that they have met with them before and these problems continue. Staff has prepared a set of condiflons, which, if adhered [o by the business owner, should resolve many if not all the problems at this business. Mr. Poole indicated Tim Dunn would be speaking rgazding the details of the survey conducted in that neighborhood. Tom Engle, Vice Detail, Police Department: Stated the Police DeparUnen[ is in agreement with the Code Enforcement Division. This came about due to complaints from the neighborhood and due to the inordinate number of calls conducts by their patrol division a[ the location. They found that the restaurant continues to operate in violation of the Conditional Use Permit. It is also in violation of conditions in it's Alcoholic Beverage Control License. ABC will be conducting their own investigation of the conditions being violated at a later date. The Police Department feels that the conditions that they have requested to be modified will help bring this location back to the community as an establishment that will work well with them and hopefully resolve the problems they are having. Tim Dunn, Code Enforcement Officer, Code Enforcement Division: Stated Investigator Engle and he walked the neighborhood and spoke to eleven residents. There were several complaints concerning the night time activities and verification that there was little to no activities at the establishment during the day. Some of the common complaints included: loud music from the bar portion of the business; loitering and drinking in the parking lot as well as on the public street and sidewalk; music and noise from the cars screeching, driving up and down the streets in an unsafe manner; numerous incidents of vandalism with the apartment carports and vehicles on the street; gun fire (4) being heard in the evening hours, specifically from the parking lot azea. Since October 1996 Code Enforcement staff and the Police Department have made a[ least 15 separate investigations there during the lunch and dinner hours to find that there was little or no food being offered. Mainly, the restaurant was closed, which was verified by the owners of the business. Chairman Messe: Asked if there were security guards on duty. Tim Dunn: They do have security guazds. That has been part of the discussion with them. The Police Department wants to ensure the security guards aze doing their job and have been approved by the Department. Don Mitchell, resident at 2176 W. Alameda and security ofncer from the azea adjacent to subject property: Stated there have been complaints from the tenants about the subject property regarding the following: loud music throughout the evening; customers aze coming to their property and having sex in their carports; urinating; vandalism; hit and runs; cars squealing their tires and playing loud music. There have been several tenants that have moved out because of the problems with the restaurant and there are other tenants that indicated they are going to move out. Mr. Mitchell stated this goes on every night except Wednesdays when they are closed. The parking lot is full every nigh[ with no place to park, all the parking at Alameda and Valley Street is frill. Mr. Mitchell i§ concerned with the possible underage patrons going into the establishment and coming out dnmk. He has called the bar portion of this establishment several times and has received a negative attitude.. _ August Gunnerson, owner of 2158 and 2162 Alameda Street (two of the 4-plexes across from the rear of subject property): Stated he has had tenants that have complained directly to Code Enforcement and he has had Code Enforcement out there at night and during the day because of the loud noise/music. When it was an Italian restaurant it was a wonderful establishment but now with [his current establishment it is devaluaflng his property. He is in favor of revoking the license. John Casoria, presenting Mr. Evemndo Godoy ,the petitioner. Stated they me[ with staff and had a very amicable and productive meeting with them several weeks ago offering their full cooperation to comply. They feel they have complied with every issued raised. It appeazs that every 6 to 8 months there is a new issue or old issue that arises which is addressed over again. Regazding Conditional Use Permit No. 1594 with the new condiflons requested they have no problem with any of them. They feel they are in compliance with all of them. Regarding Conditional Use Permit No. 3421, there are issues that they would like to address to the Commission: 1. Condition No. 15 -They aze in agreement with. 02-19-97 Page 15 2. Condition No. 16 -They do have a concern with. Last yeaz the issue of sound from the business was addressed before the Commission. They agreed to take whatever steps necessary to correct that problem to a meet the CUP requirements. Mr. Casoria stated they spent $7,500 soundproofing the building including the purchase of a $2,800 sound proof door at the reaz of the building and he indicated that door is not open during business hours; it remains closed. He also indicated they have had sound engineers go out and run decibel checks indicating that the business is in compliance with sound and that the',sound emanating from the business is not any louder than the sound that one would get from an automobile driving down the road. They request that the CUP stand as is. Chairman Messe: Asked if he was saying that they couldn't heaz any sound outside the azea under his control. John Casoria: Responded the sound that would be heazd, if any at all, would be no louder than the sounds that would be normally heazd in that azea at anytime of the day regazding normal traffic, etc. John Casoria: Stated as faz as Item No. 18, La Estrella has had an independent security company on its premises for quite some time. They have all been licensed with the State Bureau of Consumer Affairs. They are concerned that the security company that La Estrella uses needs to be approved by the Anaheim Police Department. They believe it would cause an undo intrusion between La Estrella and it's vendors. It also raises some issues regazding liability for the City coming in and seeking approval of contracts, the number of guazds, etc. Mr. Casoria stated they have cooperated with the Police Department and with Code Enforcement. They have a concern with the following Conditions: I. Condition No. 16 2. Condition No. 18 3. Condition No. 29 - La Estrella is open unti12:00 a.m. and, therefore, the alcohol sales currently stops at about 1:15 p.m. or 1:30 p.m. 1:00 a.m. posses a problem but if Commission feels that is the appropriate time to stop alcohol sales, then they will abide by that. John Casoria: Stated La Estrella's role in the redevelopment of Brookhurst as follows: I. La Estrella expends quite a bit to keep the area free of litter. Mr. Casoria stated they have problems with adjacent apartment owners using La Estrella's dumpsters. They regulazly find non-restaurant items in the dumpster (i.e., couches) and have to call the refuse people to redump the trash eazly. 2. They have placed a lot of lighting azound the azea. They patrolled the azea prior to La Estrella initially opening their business and noticed there was quite a bit of transient acflvity and graffiti which La Estrella has taken aggressive steps to control, if any graffiti shows up on or azound their building or the premises they control, it is generally taken care of within 24 hours. They find that there is no transient activity while the restaurant is open because the security guazds aze present but they have no control over what goes on in the surrounding azeas. 3. There is no evidence of gun fire coming from the pazking lot azea. John Poole: Stated he wanted to speaking regazding the three condiflons [ha[ the applicant's representaflve discussed. _. 1. Condition No. 16 -Many entertainment establishments had problems with noise coming firm the premises. They spend a lot of money sound proofing and many times it helps. The representative said the door was never open but, in fact, Mr. Poole indicated be has seen it open and they cenflnually have that problem with this type of business. This has been a problem even with the best efforts of sound proofing. Something as simple as good management practices securing that door makes a tremendous difference. They feel that condition is necessary to ensure that there are no disturbances to the adjoining property. 2. Condition No. 18 -They know that good quality guazds can cut down on the number of problems. Just having somebody on the premises saying they are a security guard, even though they maybe licensed with the State, does not always give the security that is needed. They feel this condition is very appropriate and necessary to ensure that there is quality security staff there to stop the problems that occur. 3. Condition No. 29 -Many of the problems documented seem to occur in the very eazly morning hours (2:00 or 3:00 a.m.), so by giving this extra 30 minutes to stop the alcohol sales, clearing their patrons from the premises will give some relief to that neighbor. 02-19-97 Page 16 Mr. Poole: Stated [hey feel all three conditions should stand as they are written in order to bring [his property in compliance. Chairman Messe: Asked Mr. Engle where do the various calls for service come from. Tom Engle: Responded the calls aze coming from the residents in the surrounding areas, paVOns, emplpyces or officer initiated service calls while driving by the location. Chairman Messe: Asked if Mr. Casoria would agree that the restaurant has not been operated as a restaurant. John Casoria: Responded he strongly disagreed with that. They believe that the establishment has operated as a restaurant with a dance hall pernut. Chairman Messe: Asked what time is dinner served. John Casoria: Responded they open at 4:00 p.m. and stay open unti12:00 a.m. The kitchen is open the entire time. Chairman Messe: Stated that Mr. Casoria presented conflicflng testimony to that of Code Enforcement and the Police Department. Jahn Casoria: Responded he felt their testimony was a little ambiguous. They stated they visited 15 times from October 1996 during the lunch and dinner hour, however, La EsVella is not open during the lunch hour. So it is tme when they show up during the lunch hour that the restaumn[ is closed. Chairman Messe: Asked if all the inspections have been during the lunch hour. John Poole: Responded no, they have been at different times. The gross receipts aze the best indications to determine the amount of food sales compared to alcohol sales. Chairman Messe: Slated he thought they were no[ keep. John Poole: Stated they should have been kept. Commissioner Henninger. Stated in paragraph 17, there have been sampling of receipts and that the food sales were minimal and asked what that mean[ in terms of percentage. Tim Dunn: Stated Sazgeant Steve Walker and he went one evening to La EsVella. The lights had been turned off in the restaurant area. They went back into the kitchen with the manager and asked to see the receipts. The manager showed them the receipts for approximately 30 days prior, minimal food service of $1,2,3,4 or $5 items more in keeping with appetizers with cocktails. They looked at about 15 receipts during a 30 day period. _- Commissioner Henninger: Asked during a 30 day period they sold $15 or $20 worth of food. Tim Dunn: Those are all the receipts he was able to show [hem. Chairman Messe: Asked what the cook was doing when they went back to the kitchen. Tim Dunn: He was chopping food. There was no one in there ordering food at the time. Chairman Messe: Stated his concern that if the Commission grants some of the modifications and they start becoming a restaurant who is going to use that restaurant. Their clientele knows now that they are really not open far dinner. 02-19-97 Page 17 Tim Dunn: Stated the owners have taken steps by opening earlier in the day for lunch and have a dinner menu and are also doing some advertising. They aze hoping that will change them into a restaurant and also providing and maintaining the receipts to prove that. John Casoria: Stated the report stated they spoke with the bar manager. The bar manager is going to have the majority of the alcohol beverage receipts and appeflzers, etc., served in the bar. There aze no indications that they met with the restaurant manager. Chairman Messe: Asked whether they had a separate restaurant manager. John Casoria: Responded, yes they do. Chairman Messe: Asked if they would give the name to Code Enforcement. john Casoria: Responded, his client would be happy to do that. Commissioner Henninger: Stated actually their testimony was that the restaurant was closed at that Ume. Tim Dunn: The lights in the restaurant were off at that time and whether he was the bar manager or restaurant manager he stated that they were not open for dinner at that time. John Casoria: Asked what flme was that. Tim Dunn: Responded he would have to search through the records but generally the dinner hours inspections anywhere from 4:00 p.m. unti16:00 or 6:30 p.m. Commissioner Bostwick: Stated in the changes that were made in August 22, 1995 on Conditional Use Permit No. 3421, Condition No. 11 was that food service would be made available from the opening of time unfll 10:00 p.m. or closing. Condition No. 15 the quarterly gross sales of alcoholic beverage shall not exceed the gross sales of food or other commodities during that same time and yet those records have not been kept and are not available for the inspection of the officers or for this hearing. John Casoria: Responded he thought that was an incorrect statement. He stated he did not have them with him today but he believed that it has never been requested that those records be provided by anyone from staff prior to today. During this entue period they have only looked at it at one occasion. Commissioner Bostwick: Stated Condition No. 12 stated the premises shall be maintained as a bonafied restaurant and shall provide a menu. Commission was handed a menu that was suppose to start last week. John Casoria: Responded that was incorrect as well. La Estrella has had a full compliment dinner menu since the CUP. Commissioner Bostwick: Pointed out that the restaurant could not provide the gross receipts verifying that this has been occurring. Jahn Casoria: Responded when they received the memorandum and looked at the modifications made, it was not an issue that they thought they had to address at this public hearing, they felt they were in compliance. Chairman Messe: Asked if they would testify that their food and alcoholic beverage sales are about equal. Commissioner Boydstun: Asked if those records were checked when the Police Department and Code Enforcement met with them. Tim Dunn: Responded no, they did not have them and Code EnforcemenUPolice did not ask to see them at that time. 02-19-97 Page 18 Commissioner Bristol: State he was in their establishment last night, entered about 8:40 p.m. and the following were his observations: There were at least seven security guards, all but one had weapons on their sides. He saw no one go into the restaumnt, as he sat at the bar and then went to a table to see if there might be food that would come in the public hall azea he observed no table settings other than a table cloth om the tables and no one offered him a menu. He then entered the restaurant to observe the activity there. There were two or three tables combined with approximately 12 or 14 people which appeared to be part of the band. Other than those people, there was no one else in the restaurant. He purposely parked on the north side where there is a door. The door was open when he went in and as he left. The band could definitely be heard; the noise level was extremely loud. By 9;15 p.m, when he left, there were about 55 to b0 people. John Casoria: Stated there aze two doors, a front door and reaz door. The front door does open and shut and it does stay open at times. The back reaz door does not. That is where the majority of time and effort regazding the sound proofing occurred. That is were the sound proofing issues were being addressed. Commissioner Bristol: Stated he has to decide whether it is a restaurant, public hall or a night club. A night club is not allowed in a single family residential zone. He examined this issued thoroughly and has concluded this is being operated as a night club. John Casoria: Responded I.a Estrella has taken efforts since they met with staff in order to come more into compliance. They aze now going to be open during the lunch hour from 11:00 a.m. - 1:00 p,m. and on weekends from 11:00 a.m., all day. They aze advertising a menu. Chairman Messe: In August 1995 when the CUP was issued from that time forwazd they have been trying to comply. Was that righ[7 John Casoria: Absolutely. They were open for the lunch hour for awhile and found they were not doing that much business in the azea because it is commercial in nature. Their business comes from the dinner hour into the evenings. Commissioner Peraza: Stated receipts need to be checked to prove that they have been selling as much food as alcoholic bevemges. Chairman Messe: Asked when receipts aze checked for food and alcoholic beverages, were invoices also checked for the purchase of food and alcohol. John Poole: Responded they check with ABC to see how much alcohol has been wholesaled to an establishment. Code Enforcement has found that some business reports aze not accurate to the amount of alcohol that is purchased. They also ask for receipzs of food items that were purchased, if in question. If they have gone into a establishrrient numerous times and observe no food being sold, they ask for more than just a print out/stat sheet. They request background information. _ Richazd Bmckner, RedevelopmenUEconomic Development Manager, Community Development Department: Stated in Commissioner's packezs they have a memorandum from Andy Agle from the Community Development staff (dated February 5, 1997). He reiterated that this pazcel has been in the Redevelopment Project Area (Brookhurs[ Project Area) and the project was adopted in 1993. After extensive study by staff and consultants and consideration by the Redevelopment Commission, Planning Commission and City Council; one of the findings made at that time was that the azea was blighted and one of the contributing factors was the proliferation of establishmenzs that sold liquor and they heazd loud and clear from neighbors and other commercial uses along Brookhurst that it was a problem and was a blight on the neighborhood. Mr. Bruckner stated they support the recommendations Planning staff, Code Enforcement and to state that was one the predominant reasons for the adoption of the Redevelopment Project Area along Brookhurst. Chairman Messe: Stated he believes they have been operating contrary to the terms of the conditions 02-19-97 Page 19 Commissioner Boydstun: Stated according to the letter that was sent to Tim Duun concerning their operating and starting the lunch is contradictory to what was just said. Starting on the 17th he said they were there from 11:00 a.m.-1:00 p.m. but the letter stated they would be open from 11:00 a.m. - 9:00 p.m. Tuesday through Sunday serving food. John Casoria: No, 11:00 a.m. - 1:00 a.m Commissioner Peraza: Stated a copy of a letter he was looking at stated from 11:00 a.m. through 9:00 p.m. it would be open from Tuesdays through Sundays. John Casoria: Responded maybe he misunderstood and suggested that they heaz from the pefitioner, Mr. Godoy. Lalp Godoy, the petitioner: Stated he was involved when the property was purchased. He has spent much time on the new menu which they just started. They will be open Tuesday 11:00 a.m. through 9:00 p.m. On the nights that they have dancing they will have the kitchen open until 1:00 a.m. or until they close, that is where the confusion is. They were closed Wednesdays and Thursdays. He has gone to go eat and listened for the noise level outside. He was there all day Monday (unti17:30 p.mJ and wanted to know who was not helpfid so he could speak with them. They now have a new menu which includes their lunch special. Laminated copies should be available by the end of the week. They will be open from 11:00 a.m. Tuesday through Sunday untiLat least 9:00 p.m. or longer the nights they have entertainment. Chairman Messe: Asked what nights they have entertainment. Lalo Godoy: Entertainment will be on Tuesday, Thursday, Friday, Saturday, Sunday. They will be closed on Mondays. Mr. Godoy stated they have spent considerable money repainting, relandscaping, redoing the pazking lot, etc. He has been there during the day and has had to deal with problems such as: vandalism, drugs, trash (i.e., carpet) left on their property and people parking in their lo[ during street sweeping of the surrounding area. Chairman Messe: Asked what their conception was currently of their dinner business. Lalo Godoy: Responded most of their business before was all dinner business because they were not open far lunch. They have had banquets primarily in November and December. He felt their food and beverage sales were just about equal. He has been speaking with surrounding businesses in the area for possible suggestions and ideas of what has worked for them. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 21, as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an E1R _ _ Modified Resolution No. PC76-5 eranted in connection with Condifional Use Permit No 1594 (to Hermit a restaurant with on-oremises sale and consumption of alcoholl by adding the following conditions: 16. That food service with available meals shall be available from opening time until 10:00 p.m. or closing time, whichever occurs first, on each day of operation. 17. That the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortrnen[ of foods normally offered in such restaurants. 1g. That the Type 47 (On-Sale General -Eating Place) alcoholic bevemge license shall not be exchanged fora "public premises" type license nor operated as a public premises 02-19-97 Page 20 19. That the quarterly gross sales of alcoholic beverages shall no[ exceed the gross sales of food or other commodities during the same period. The owner shall, a[ all times, maintain records which reflect, separately, the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Quarterly records for the previous two yeaz period aze to be kept by the owner and appropriate back-up documentation for whole sale purchase of food and alcohol, for the premises, and made available for inspection by City of Anaheim Code Enforcement and Police Department personnel during regulaz restaurant business hours. 20. That subject use permit is hereby granted for a period of six (6) months, to expire on August 19, 1997. That a progress report shall be given to the Planning Commission as a Report and Recommendation item, pertaining to compliance with conditions of approval and all applicable rules and regulations, at 4 months from the date of this resolufion. The Planning Commission may, at that time, readvertise the subject conditional use permit for revocation or modification. Based on the following: (a) That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; (b) That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as [o constitute a nuisance; and (c) That any such modification, including the imposition of any additional conditions theretc, is reasonably necessary to protect the public peace, health, safety, or general welfaze, or necessary to permit reasonable operation under the conditional use permit as granted. Modified Resolution No. 95R-158 eranted in connection with Conditional Use Permit No 3421 (to oermit a dance haul, by modifvine Condition Nos. 15 and 18 to read as follows: I5. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same period. The owner shall, at all flmes, maintain records which reflect, separately, the gross sales of food and the gross sales of alcoholic beverages of the licensed business Quarterly records for the previous two yeaz period aze to be kept by the owner and appropriate back-up documentation for whole-sale purchase of food and alcohol, on the premises, and made_available for inspection by City of Anaheim Cade Enforcement and Police Department personnel during regulaz restaurant business hours. _ 18. That, at any time the premises is providing entertainment and/or dancing, the business owner shall provide uniformed security guazd(s) licensed by the Bureau of Consumer Affairs, to maintain order inside the business and in the pazking lot, to prevent any activity which would interfere with the quiet enjoyment of the property of nearby residents. The security company, quantity of guazds, and the days/hours of patrol, shall be approved by the Anaheim Police Department. 02-19-97 Page 21 Added the followine new conditions: 29. That the sales and service of alcoholic beverages shall cease at 12 a.m. or closing time, whichever occurs first. 30. That persons under the age of 21 shall be prohibited in the baz/public dance hall azea of the business. 31. That subject use permit is hereby granted for a period of six (6) months, to expire on August 19, 1992 That a progress report shall be given to the Planning Commission as a Report and Recommendation item, pertaining to compliance with conditions of approval and all applicable rules and regulations, a[ 4 months from the date of this resolution. The Planning Commission may, at that 6me, readvertise the subject conditional use permit for revocation or modification. Based on the following: (a) That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; (b) That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; and (c) That any such modification, including the imposition of any additional condiflons thereto, is reasonably necessary to protect the public peace, health, safety, or genera( welfaze, or necessary to permit reasonable operation under the conditional use permit as granted. Further, on the basis that the following was determined, based on the testimony received at the public hearing, which is in contrary to the condiflons imposed on subject use permit: That food service with available meals has not been available from opening time until 10:00 p.m. or closing time on the days of operation. That the premises has not been maintained as a bona fide restaurant and has not provided a menu containing an assortment of foods normally offered in such restaurants. That the door(s) have remained open during the operation of the premises. That the quarterly gross sales of alcoholic beverages has exceeded the gross sales of food or other commodities during the same period. That entertainment provided in the premises is audible beyond the azea under the control of the licensee. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIlVIE: 1 hour and 15 minutes 02-19-97 Page 22 7a. CEOA NEGATIVE DECLARATION Continued to 76. WAIVER OF CODE REQUIREMENTS 3-3-97 7c. CONDTTIONAL USE PERMIT N0. 3908 OWNER: W.C.B. 99 LIMITED PARTNERSHIP, 450 Newport Center Drive, #304, Newport Beach, CA 92660 AGENT: MICHAEL GALLEN (E.S.A.), 2525 Cherry Avenue, Signal Hill, CA 90806 LOCATION: 120-130 North Riverview Drive. Property is approximately 2.45 acres located at the northeast comer of Santa Ana Canyon Road and Riverview Drive. To permit a three story, 42-foot. high, 122-unit hotel with waivers of permitted freestanding sign, permitted wall signs, minimum number of parking spaces and minimum structural setback adjacent to freeways and scenic highways. Contnued from the Planning Commission meeting of February 3, 1997. CONDTTIONAL USE PERMIT RESOLUTION NO. SR6471KB. WP2 .,. ~. ;,.'.~'OIL(~W~N("`..I~r~SiT~A~C71<(I767C~~~'1f,IGC+~?M14YISS~[l~I?~,z~?G717~U)Y~..,:.„„ ....,,< OPPOSITION: None ACTION: Continued subject request to the March 3, 1997 Planning Commission meeting in order for the applicant to compile and submit additional information. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 02-19-97 Page 23 Sa. CEOA NEGATIVE DECLARATION Approved Sb. WAIVER OF CODE REOUIItEMENTS Denied 8c. CONDITIONAL USE PERMIT NO. 3911 Denied OWNER: GRACE NWAL, 545 South Knott Street, Anaheim, CA 92804 Offered a resolution rescinding previous AGENT: FRANCIS ONG, 8907 Warner Avenue, #168, action Huntington Beach, CA 92647 Final Action• LOCATION: 910 South Knott Street. Property is approximately 0.3 acre located on the east side of Knott Street, located Continued to approximately 440 feet north of the centerline of Ball 3-31-97 Road. To permit the conversion of asingle-family home to a 2,179 squaze-foot medical/dental office with waivers of minimum number of parking spaces, maximum number and area of signs, minimum side yard setback, minimum reaz yazd setback and permitted encroachments. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-IS RESCINDING DENIAL RES., RESOLUTION NO. PC97-19 SR6453DS.WP „ ..`..., 7~Ulta~WltN~kS,AtSI111AR!Rk`.]P&ANN~NG iCOMMTSSI~NA'ION ........ .. .. .:: OPPOSITION: 1 person spoke with concerns/1 letter was received in opposition DISCUSSION: Dr. Grace Nuval: Stated she is a practicing dentist in the City of Anaheim for the pas[ 11 years. Her clinic is located on the comer oFKnott and Orange and currently she is leasing her office. Her husband is a physician practicing in the City of Orange. They would like to be able to merge their prac8ces in one location so they may generate more business and possibly shaze their patients. The location theyaze planning to convert into a medical dental office is also on Knott Avenue, a short distance from where her office is currently. On the south of the location (at Ball and Knott) is a Taco Bell, beside it is a medical dental office, next to it is a convalescent home and next to that is the property. She felt problems will almost be non-existent converting this into a professional office building. _ , Francis Ong, architect for the project: Stated the property has been on the market for some time and the reasons maybe due to its location at a major intersection with heavy Vaffic. He felt this property would comply with Code to convert it into a professional medical dental use. He asked that Commission consider all the waivers that they are requesting due to the special circumstances of the project. The residential lot size dictates the width that they had no other alternative for this site setback. Regarding the reaz setback, where the turnaround for the trash track, they are having a 35 foot setback instead of a 25 foot. To address the concern of staff they can remedy by providing more landscaping with more tree, beyond the minimum standard that the City is requesting. The project is not detrimental to the residential uses. 02-19-97 Page 24 Dr. Nuval (Dr. Gmce Nuval's husband): Stated he will be joining his wife as a family physician and he will be her tenant. His coming [o the practice will serve the community because there aze a number of apartment house surrounding the proposed clinic. These houses are primarily Hispanic low income families and he is currently servicing the Hispanic community at his pracflce in Orange. He also concurs with the approval of this proposed project. Chairman Messe: Asked Mr. Nuval how many employees he has in his office (in Orange). Dr. Nuval: Responded she will have three employees (three employees plus herself) and he will have one . Joyce Keeler, 716 South Kenmore Street, Anaheim: Stated she owns the commercial property on the comer of Knott and Ball Rd. and her only concern with this project is there are only 12 parking spaces. She feels there is too much in too little space. Chairman Messe: Stated for the record a letter of opposition was received from Mr. Wallace from the West Anaheim Development Council. PUBLIC HEARING WAS CLOSED Commissioner Boydstun: Stated this is a good use for the street because of the traffic but this is not big enough for two businesses. They would have 6 parking spaces each and if they would have a couple of patients and possibly a couple more waiting then they would not have enough parking. Chairman Messe: Stated judging by the number of waivers it looks like they are flying to fit too much on the lot. Dr. Gloria Nuval: Stated her husband is going to practice there only in the morning. On Wednesdays and Fridays she starts at 11:00 a.m. Her husband will only be there in the mornings because he has to go to his other Orange office in the afternoon. Commissioner Boyds[un: Asked if her husband was planning in closing his office in Orange at a later date when he gets his practice built up there. Dr. Nuval: Responded he did no[ know ye[. Right now i[ is his major source of income so he will have to see haw things develop and consider his options at that flme. Francis Ong: Stated since patients will have appointments very few will be waiting so the parking should be adequate. Chairman Messe: Stated a dentist normal has 2 or 3 chairs and goes from one chair to the other with possibly as many people waiting in the waiting room as there are chairs. Dr. Gloria Nuval: Stated they way she schedules her appointments she does it in such as way that she is not stressed. There is generally only one patient waiting in the waiting room. She stated if Commission needs to see her appointment book she can provide it. Chairman Messe: Stated unfortunately they aze not granting her the Conditional Use Permit, they are granting the Conditional Use Pernrit for the piece of property so they have to consider that more carefully. ACTION: Approved Negative Declaration Denied Waiver of Code Requirement Denied Conditional Use Permit No. 3911 on the basis that the use is too intense for the amount of land available. Applicant requested a continuance to submit revised plans. 02-19-97 Page 25 Planning Commission: Withdrew Motion denying the Waiver of Code Requirement Rescinded the resoluflon denying Conditional Use Penni[ No. 3911. Continued subject request to the March 31,1997 Planning Commission meeting in order for the applicant to subroit revised plans. VOTE: 5-0 (Commissioners Mayer and Pera7a were absent) DISCUSSION TIME: 14 minutes 02-19-97 Page 26 ADDITIONAL DISCUSSION: Commissioner Messe: Stated they have talked about the commercial issue a few times now and asked if it was appropriate to request staff to review the General Plan and see if the amount of commercial that is in the plan is in balance with the rest of the community. He wondered if there were a number of azeas that perhaps aze inappropriately planned for commercial. Chairman Messe: Stated he thought that was reasonable. They know they have a lot more in certain portions or the City, more are commercial than is needed. Greg McCafferty, Associate Planner, Planning Department Asked if they were only looking at Planning Area A or B, or the entire City. Commissioner Henninger. Responded he was thinking in terms of the entire City. It seems to him that there is a lot more commercial than they should have and the result may be that none of it is doing very well. Chairman Messe: Stated it was reviewed about 10 years ago and changes a[ that time were made with the balance of residental and commercial, spot zoning, etc. Commissioner Henninger: Stated since that flme much of RM-1200 has been eliminated and have taken the residential element down somewhat. MEETING ADJOURNED AT 3:57 P.M. TO PLANNING COMMISSION MORNING WORK SESSION OF MARCH 3, 1997 AT 10:30 A.M. FOR: 1. STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION); 2. COMMUNITY SERVICES DISCUSSION OF THE PROPOSED DEER CANYON PARK PRESERVE; AND 3. CODE ENFORCEMENT UPDATE REGARDING ROSE STREET. Respectfully submitted, Ossie Edmondson Senior Word Processing Operator 02-19-97 Page 27