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Minutes-PC 1997/04/28SUMMARY ACTION AGENDA ANAHEIM CITY PLANNING COMMISSION MEETING MONDAY, APRIL 28, 1997 10:30 A.M. STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES • UPDATE ON TRASH ENCLOSURE REQUIREMENTS • REVIEW OF CENSUS TRACT AND DISTRICT MAPS PERTAINING TO ABC LICENSES 11:00 A. M. PRELIMINARY PLAN REVIEW 1:30 P:M. PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOYDSTUN, BOSTWICK, BRISTOL, HENNINGER, MESSE, PERAZA COMMISSIONERS ABSENT: MAYER STAFF PRESENT: Selma Mann Assistant City Attorney Mary McCloskey Deputy Planning Director Annika Santalahti Zoning Administrator Greg Hastings Zoning Division Manager Cheryl Flores Senior Planner Karen Dudley Associate Planner Karen Freeman Associate Planner Bruce Freeman Code Enforcement Supervisor Tim Dunn Cade Enforcement Officer Tom Engle Police Officer Alfred Yalda Principal Transportation Planner Melanie Adams Associate Civil Engineer Margarita Solorio Senior Secretary Ossie Edmundson Senior Word Processing Operator AC042897.DOC Planning Commission direction to staff regarding the 500 block of South Rose Street pertaining to automobile repair, overhaul, installation of parts and accessories, modification, painting, body work, including detailing, and other similar vehicular activities. Determined that there is a serious lack of parking in that area and that no further automobile uses should be allowed and when existing uses terminate, new automobile uses should not be reestablished. A. CONDITIONAL USE PERMIT NO 3902 -REVIEW OF SIGN Approved PLANS: Greg Hon (representing property owner), 1300 South Beach Boulevard, Building 4516, La Herb, CA 90632, requests review and approval of sign plans for apreviously-approved service station. Property is located at 520 West Ball Road. ACTION: Commissioner Boydstun offered a Motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby approve the submitted sign program the previously-approved service station. SR6624K8. WP 04-28-97 Page 2 (Revised) B. CONDITIONAL USE PERMIT NO. 3851 -REVIEW OF FINAL Approved PLANS: Scott Peotter (representing Unocal, 1 Corporate Park, Suite 101, Irvine, CA 92714, request review and approval of final building elevation and canopy plans fora previously- approved service station. Property is at 3731 East La Palma Avenue. ACTION: Commissioner Boydstun offered a Motion, seconded by Commissioner Peraza and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby approve the final building elevation and canopy plans including the two 1.7 square foot logo signs described in paragraph (6) of the Staff Report dated April 28, 1997, subject to the following: (a) That no form of advertising shall be permitted on the canopy columns other than such temporary signage as may be authorized by the approval of a Special Event SR6623KB.WP Permit. Applicant's Statement: Scott Perotta, Project Manager: Stated this review is a condition placed on the CUP last July. He added staff recommended a Condition 9A that the canopy supporting columns and facia be teMured and painted to match the service station building stucco. He referred to a color xerox picture showing another site which is identical to what they were proposing for this site. The columns for their canopy are metal column covers that are about 2 to 2'/z feet in diameter, which go 2/3 of the way and then they have an up gliding metal sconce that houses a couple of lights that uptight the underside of the canopy. It does not read like a stucco or a stone column, so they would prefer not to do the stucco texturing on that and the same would be true for the facia. The facia is a metal facia and the building type is required to be anon-flammable type construction and the facia is similar in color and matches the design of both the column covers as well to the facia on the building without the stucco texture. Therefore, they asked that the proposal be approved without Condition 9A. Cheryl Flores, Senior Planner, Zoning Division: Stated the other two items listed regarding having the logo signs to be a part of their consideration and that there be no form of advertising placing on the supporting columns whether or not textured. 04-28-97 Page 3 C. a. CEfL4 EXEMPTION SECTION 15081 Ibl (31 Concurred w/staff b. CODE AMENDMENT NO. 97-04 -PERTAINING TO HOME Recommended OCCUPATION. REGISTRATIONS AND . adoption of the RECONSTRUCTION OF SINGLE FAMILY RESIDENCES ordinance, to City IN THE ML (LIMITED INDUSTRIAL12ONE: Council Staff-initiated request for a code amendment to allow for the reconstruction of single-family residences in the ML zone and to allow Home Occupation Registrations for ML-zoned single and multiple family residential properties. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby concur with staff that subject request is exempt from CEQA. Commissioner Henninger offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Planning Commission does hereby recommend to the City Council the adoption of the ordinance attached to the Staff Report dated April 28, 1997. SR6629GH.WP Cheryl Flores, Senior Planner, Zoning Division: Stated this is a Code Amendment that would allow single family residences to be reconstructed which are located in industrial zones. At the present time they have to be less than 50% destroyed to be able to rebuild them. If the Code Amendment is passed they would be able to be rebuilt regardless of the extent of damage. It would also allow for home occupation and registrations and industrial zones and single family residences. This is very similar to the Code Amendment that was recently passed for commercial zones that had single family homes. D a. CEQA DETERMINATION SECTION 15061Ib1131 b. CODE AMENDMENT NO. 97-05 -PROPOSAL TO AMEND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO "PLANNED COMMERCIAL MIXED USE CENTERS": Staff-initiated request to amend Section 18.41.050 of the Anaheim Municipal Code to conditionally perrnit "Planned Commercial Mixed Use Centers" on minimum 10-acre sites in the "CO" Commercial, Office and Professional Zone. ACTION: Commissioner Bostwick offered a Motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby request the City Attorney to prepare an orclinance containing the proposed amendment (Attachment "A" to the Staff Report dated April 28, 1997). No action Directed the City Attorney's Office to prepare a draft ordinance SR6640GM.WP 04-28-97 Page 4 Annika Santalahti, Zoning Administrator, Planning Department: Stated the proposal is a staff proposal to amend the CO (Commercial Office) Zone for 10-acre parcels only or larger to allow mixed use commercial project as outline in attachment A of the staff report. The purpose of the amendment is to be an infill in the Stadium Industrial Area where they are currently under study for a master land use plan that might allow certain commercial uses at certain locations. They have had some inquiries and some development that is pending proposals coming before the Planning Commission and staff wanted a method of zoning .implementation that gave a grasp on it without opening the door to many people with small pieces of property. Staff recommends that Commission request the City Attorney prepare the actual draft prdinance for presentation of the City Council and for adoption by the Council. They expect if the master land use plan is completed successfully and zoning implementation is adopted at some point in time that this particular section would then be deleted from the Zoning Code because it would be replaced with actual development standards and more details. Annika Santalahti: Stated they will come back with the Ordinance in it's final form to the Commission but they would like at three weeks (22 days) to get it to the City Council. Assuming an ordinance is developed and approved, they would expect to take it to Council on the following week. 0428-97 Page 5 2a. CEOA NEGATIVE DECLARATION _- Cbhtinued to 2b. VARIANCE NO.4301 5-28-97 OWNER: WILLIAM C. TAORMINA AND VINCENT C. TAORMINA, P.O. Box 309, Anaheim, CA 92815-0309 AGENT: RICHARD B. WINN, P.O. Box 309, Anaheim, CA 92815- 0309 LOCATION: 1070-1090 North Blue Gum Street. Property is 1.2 acres located at the southeast comer of La Palma Avenue and Blue Gum Street. Waivers of :minimum landscaped setback adjacent to an arterial highway (La Palma Avenue) and a freeway frontage road (La Mesa Avenue), permitted encroachments into .required yards and minimum parking lot landscaping, to construct a private off-site employee parking lot for a regional material recovery facility, an adjacent aluminum parts manufacturer, and temporary Cal-Trans employee/contractor parking. Continued from the Commission meetings of March 17, 31, and April 14, 1997. VARIANCE RESOLUTION NO. SR6633KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the May 28, 1997 Planning Commission meeting in order for the petitioner to request that the Community Development Department consider amendment of the Owner Participation Agreement which pertains to this property.. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 04-28-97 Page 6 3a. EIR NO. 313 (PREVIOUSLY CERT{PIED) I Continued to 3b. CONDITIONAL USE PERMIT NO. 3913 5-12-97 OWNER: AFTAB AHMAD, 2310 West Knox Avenue, Santa Ana, CA 92704 AGENT: SCOTT K. KIME, 92 Argonaut, Suite 225, Aliso Viejo, CA 92656 LOCATION: 1100 West Ball Road. Property is approximately 0.43 acre located at the southwest comer of Ball Road and West Street. To permit an automobile service station with adrive-through self- service car wash facility, Continued from the Commission meetings of March 3, 17, and April 14, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. SR6641 KD. WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the May 12, 1997 Planning Commission meeting in order for staff to review the acoustical study received on April 24, 1997. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 04-28-97 Page 7 4a. CEQA NEGATIVE DECLARATION Approved 4b. WAIVER OF CODE REQUIREMENT Denied 4c. CONDITIONAL USE PERMIT NO. 3921 Granted, in part 4d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. Approved 97-05 (Alcohol portion of OWNER: F. J. HANSHAW ENTERPRISES, INC., 1092 CUP was granted for Westminster Avenue, Garden Grove, CA 92843 2 years, to expire on 4-28-99) AGENT: DESAPRIYA JINADASA, 1112 North Brookhurst Street, #1, Anaheim, CA 92801 LOCATION: 1112 North Brookhurst Street. Suite 1 (Cheers Market . Property is 0.91 acre, located north and east of the northeast comer of Brookhurst Street and to Palma Avenue. To permit a 2,200 square-foot convenience market with sales of alcoholic beverages for off-premises consumption within a commercial retail center with waiver of minimum number of Parkinsg spaces. To determine Public Convenience or Necessity for retail sales of alcoholic beverages for off-premises consumption. Continued from the Planning Commission meetings of March 17, and March 31, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97~2 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY SR6476DS.WP4 RESOLUTION NO. PC97-43 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Desapriva Jinadasa, 1343 North Street, representing Cheers Madcet: Stated he had nothing new to add to his applicant but would like to speak later. Tom Engle, Vice Detail, Police Department: Stated the Police Department has not changed it's recommendation to the :Planning Commission on this item, therefore, they are recommending denial, Selma Mann, Assistant City Attorney, City Attorney's Office: Stated on a determination of public convenience or necessity, it is up to the applicant to establish that there is a public convenience of necessity for the particular alcohol use. 04-28-97 Page 8 Cheryl Flores, Senior Planner, Zoning Division: Stated a letter from the Anaheim City School District was received in which they expressed their concerns. Desapriva Jinadasa: Stated the location has been established for more than 40 years as a convenience store. It has been a liquor store for more than twenty years. He feels this market is very convenient for the public. At Brookhurst and La Palma there is no other store in the area. In order to be able to maintain their market open it is necessary that they be allowed to sell . alcoholic beverages. He feels the public would rather purchase alcohol from a market than a gas station due to the difference in price, the gas station is more expensive. The Police Department indicated on their letter that Reporting District 1420 has a crime rate of 13% below average. He concluded by stating that convenience and necessity are the two major reasons for approving his request. George Casto, 6928 Anticost Way, Cypress, the General Manager/Executive Vice President for FJ Hanshaw Enterprises, Inc.: Stated they have three other centers in the City of Anaheim. They have their own patrol and he was surprised by the letter from the Police Department indicating that they were denying the requests because there were too many stores in the area. He has operated the store for over 20 years and has not had a problem. He works very closely with the City of Anaheim Code Enforcement Division (Ed Nichols). The property is being effected due to Cal Trans redoing La Palma and Brookhurst. :PUBLIC HEARING WAS CLOSED Tom Engle, Vice Detail, Police Department: Stated the Police Department does not approve or disapprove ABC licenses in this City. That is only done by the Planning Department or by the Alcoholic Beverage Control. They only make recommendations to Commission regarding the crime rate or over concentration. Commissioner Peraza: Stated he wanted to point our the Community Development Department (Redevelopment Agency) submitted a letter in the Planning Commission packets stating they are recommending denial because there are a significant number of business that serve liquor in the area while Redevelopment is trying to upgrade the area. Commissioner Henninger: Asked if there were any particular problems with this liquor store during the 20 years of its operation? Tom Engle: Responded there was a case of a sale to a minor in March 1996. Commissioner Henninger: Stated the fact that there had been a store there for quite some time and did not adversely effect the neighborhood. This is not an area where there are licenses_all around th"e area. This is a relatively isolated location across a very wide and soon to be wider freeway from areas to the south at Brookhurst and then all the other licenses are almost a mile_ _ away at the next major street to the east. Chairman Messe: Asked what was happening on La Palma at this intersection? Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: Responded according to the information that he has from Cal Trans the gas station is going to be impacted most. He did not think the shopping center was going to be impacted on Brookhurst. The freeway entrance is going to remain within the same area Cal Trans is going to build a bridge there and there will be some taking at the gas station. 04-28-97 Page 9 Commissioner Boydstun: Stated the applicant's letter slated that he might operate as a 24-hour business, however, Condition No. 9 is specific from 8:00 a.m. to 11:00 p.m. only. Cheryl Flores: Stated if Commission is considering approving this then perhaps there should be a time limit on the alcohol use. Commissioner Henninger: Stated if Commission includes the alcohol use with the conditional use permit, there should be a time limit of two years. ACTION: Approved Negative Declaration Denied Waiver of Code Requirement on the basis that the proposed waiver was deleted following public notification. Granted, in part, Conditional Use Permit No. 3921 with the following changes to conditions: Modified Condition No. 7 to read as follows 7. That the alcohol portion of the conditional use permit is hereby granted fora period of two (2) years, to expire on April 28, 1999. Added the following conditions: That no alcoholic beverages shall be consumed on the property. That the Parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the Parking lot, Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. That there shall be no pool tables maintained upon the premises at any time. That there shall be no spin-operated games maintained upon the premises at any time., without issuance of proper permits as required by the Anaheim .Municipal Code. That there shall be no public telephones maintained on the property that are located outside the building and within the control of the applicant. _ That the area of beer or wine displays shall not exceed twenty five percent (25%) of _ the total display area in the building. That the sales of alcoholic beverages shall not exceed 35% of the gross sales of all retail 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 available, subject to audit and, when requested inspection by any City of Anaheim official during reasonable business hours. VOTE: 5-1 (Commissioner Peraza voted no and Commissioner Mayer was absent) 04-28-97 Page 10 APPROVED Determination of Public Convenience or Necessity No. 97-04 on the basis that there are no other liquor stores in close proximity to subject property, VOTE: 4-2 {Commissioners Bostwick and Peraza voted no and Commissioner Mayer was absent) Selma Mann, City Attorney's Office: Stated the 22 day appeal rights. DISCUSSIOM TIME: 25 minutes (1:45-2:10) 04-28-97 Page 11 Sa. CEQA CATEGORICAL EXEMPTION-CLASS 21 Sb. CONDITIONAL USE PERMIT NO. 2199 (READVERTISED) Sc. VARIANCE NO. 1229 (READVERTISED) OWNER: City-Initiated, City of Anaheim (Code Enforcement Division/Police Department), 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 823 South Beach Boulevard -Covered Waaon Motel. Property is 1.3 acres, with 190 feet on the west side of Beach Boulevard and is located 975 north of the centerline of Ball Road. City-.initiated (Code Enforcement Division and Police Department) request to consider revocation or modification of Conditional Use Permit No. 2199 (to permit a cocktail lounge in an existing motel with waiver of minimum number of Parking spaces) and Variance No. 1229 (to construct and operate a 70-unit motel and coffee shop). CONDITIONAL USE PERMIT RESOLUTION NO. PC97-44 VARIANCE RESOLUTION Np. Concurred w/staff Revoked CUP 2199 Continued VAR 1229 to 7-21-97 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 1 person spoke in favor of subject request. OPPOSITION: 4 people spoke in opposition to the revocation or modification of subject use permit and variance. Applicant's Statement: Gregory Parkins, owner at 823 South Beach Blvd., Anaheim: Submitted document to Commission as an exhibit. Stated this request involves two items, a cocktail lounge within an existing motel, and the motel itself. His presentation was regarding the motel since they have no plans for cocktail lounge at this time on the property. The concerns that the City has expressed.. deal with two areas, the physical condition of the property and the need for calls from the Police Department. He stated he had a conversation with one of their guests, Christy Lock. She told him that her dad, a 27-year veteran from the Police Department, would be in later with her rent. Mr. Parkins found it interesting that a Police veteran selects this motel for his daughter to stay in and pays the rent for her. The motel conditions deal with such items as missing door stops, damaged screens, a hole in the wall, etc. which he felt are not life threatening issues. This property was acquired about 1'/ years ago. It had been closed for some period of time. It was obvious that the motel was in terrible condition, even worst than he had even imagined. Once they took possession of the property and opened up the rooms, it was obvious that homeless people had been living there and at least half 04-28-97 Page 12 (Revised) of the rooms were piled floor to ceiling with trash. It took them six weeks to clear out the trash out of the property. They were interested in immediately improving the property. The property was in extremely bad condition. The City was very generous and gave them over $8,000 worth of outside lighting which ihey installed on the property and is now very well lit. It took about three months before they were able to get some of the rooms finished enough so they could rent them. Mr. Parkins participates some in the running of the motel however he has a law practice and the person that actually operates the motel is Dr. Mohsen Abdolsalehi, who has a degree in Business Administration. Mr. Parkins stated they made a mistake with the couple which were their first managers and after about 60 days they realized they had made the mistake and got rid of them. They now have Mr. Langjahr, who has worked with the Police Department in gang suppression and narcotics, and is a state licensed security guard. Due to his size he is able to get most people to do what he asks. They had to remove people that had gotten in during this short period. Many of them had been there over 30 days and they had file unlawful detainer against them and take them to court. They finally evicted those people but it took a long time. It was a lot of grief for them as well as the Police Department. Since Mr. Langjahr has been there every day has been an improvement. They had tried to do everything that the Police Department has requested. There were letters in support from residences which he submitted. About the same time that Mr. .Parkins purchased the motel he also purchased a 64-unit apartment complex in La .Habra. Since they have taken possession of the property they have shown the degree of care and concern to the extend that last month the City Council of La Habra honored his family before City Council and awarded them with a Community Spotlight Award. He stated there are four people working six days a week doing nothing but trying to better this motel. He stated there has been an immense change since the four workers have been there. Mr. Parkins stated there were people in the audience that would like to speak in behalf of the motel. Bruce Freeman, Code Enforcement Supervisor, Code Enforcement Division: Stated this is City- initiated by Code Enforcement as well as the Police Department action to modify or terminate Conditional Use Permit No. 3199 and Variance No. 1229. He stated Tom Engle from the Police Department and Tim Dunn from Code Enforcement were present, they actually inspected the property during the past year to year and a half. The motel itself, fornerty known as the Comfort Inn Motel was in deteriorating condition. They had previously prosecuted the owner for failure to maintain the property. When they found that the property was being sold to Mr. Parkins, the Police Department and Code Enforcement arranged a meeting (late part of 1995) to discuss the plans of subject property. Once the property in La Habra was booked solid they would then rent those individuals a room at the Covered Wagon Motel located in Anaheim. Cade Enforcement and Police Department explained to Mr. Parkins the problems associated with the property over the years. At the conclusion of the meeting Mr. Parkins indicated that he was going to correct the- problems with the property. Subsequent meetings with Mr. Parkins and another individual as well as the motel manager, discussed problems that they are continuing to find with the property. The Police Department indicated a number of abnormal calls for service and their inspections indicated (referenced photos) hazardous wiring, sinks disconnected from the walls, hazardous plumbing, roof leaks., and other various substandard housing conditions in rooms that were curently occupied. The Health Department inspector was with them as well. On each inspection the Health Department did write up those Code violations. There was another meeting (April 1997) held recently with Mr. Parkins and Mr. Langjahr. Tom Engle, Vice Detail, Police Department: Stated during the year 1996 the Police Department responded to the Covered Wagon Motel on over 350 occasions. The Police Department believes 04-28-97 Page 13 this is far too many calls for service for one location. It is draining their resources for the west end sector patrol units. As a point of reference for the other hotels in the area, in 1996 Police responded to Lindy's Motel which is also on Beach Boulevard 76 times, the Rainbow Inn 67 times, the Anaheim West Plaza 82 times and the Villager Inn 125 times. He also ran this years calls for service, since January 1, 1997 the Police have responded to the Rainbow Inn 12 times, the Villager Inn 20 times, Lindy's Motel 29 times, Anaheim West Plaza Inn 30 times and to the Covered Wagon Motel 69 times. The calls for service are continuing and at an abnormally high rates in comparison with the other motels in the area. Tim Dunn, Code Enforcement Officer, Code Enforcement Division: Stated he has been at the Covered Wagon on four formal inspections since September of last year. Generally they did between 10 and 20 rooms at a time with Investigator Engle and Bob Gilbertson with the Orange County Health Department and the Community Based Policing Officers. Consistently they would find the same type of violations going on whether it be in the rooms previously noted from the inspection before or new rooms that they had inspected each time. He refered to photos documenting all of the inspections. On the first inspection in September, there was a violation issued to the owners and subsequent inspections they did not issue notices of violation, they were just there monitoring the progress. Each time the Orange County Health Inspector issued notices of violation to the owners of the business as well as the manager. Each time they were there the manager accompanied them to the rooms. They showed him the violations, made clear to him what they were looking for each time, and what they expected to see the following time they went back. Tim Dunn assured that they violations were more than door stops and moldings. There were numerous spliced wires, many plumbing problems. Two of the inspections that they did were through the rainy season .and the roof was leaking into occupied and unoccupied rooms. It was noted each time that there was never any daily maid service offered to any of the occupied rooms. Numerous pets in many of the rooms and dog defecation all over the property, which is not something typically found in motel areas. There was problem with many of the smoke detectors. Bruce Freeman: Stated the Code Enforcement and the Police Department have worked extensively over the last three years. Going through problem area motels, they have made a tremendous impact on their improvement with the operation of the motels. It has always been their goal to find an owner that is willing to work with them. It seems that when they went into this operation with Mr. Parkins that is exactly what it was.. It was a positive relationship. Mr. Parkins was going to improve the appearance and basically rebulit the motel from the ground up. Over the last 1'/: he still feels the property has not exercised with the conditional use pernit that was approve for this property. They feel that the operation and the clientele that are staying at the property itself has caused a significant safety problem with the motel. There area number of types of crimes at this location that is not normally found in motels adjacent to either side of this property. They have expressed their concern to have someone other than the on-site manager acting as a security guard. _ Public Testimony: Carol Stanley, 14-year resident in Anaheim: Stated she use to be with the West Anaheim B.B.C.C., she is no longer speaking with or for them, she made it clear that she is speaking on behalf of herself. She requested that their CUP be revoked. They have been working diligently for four years trying to clean up west Anaheim. She stated she is tired of the bad reputation of their area and would like to see something better. They are presently working with the Redevelopment Agency, hopefully, to tear-down these unwanted and rundown motels. Inside the Covered Wagon was in extremely bad condition when Mr. Parkins purchased the property. It has not improved to her standarJs of what she wants west Anaheim to be. The outside of the motel looks almost presentable but the outside of the motel is not. She stated she went down there one afternoon and was able to rent a room without identification, she did not actually stay nor pay for 04-28-97 Page 14 it. She felt anyone off the street can rent a room from that location and it should not be that way without identification. Back in 1995 she missed the sale of this property, she received a call from a pastor who was interested in purchasing that property for a middle school for his Christian students and was less than 24 hours too late getting him the information. She joined the PACE Program with the Anaheim Police Department and found that they work very hard. While on the program she was allowed to go on the ride alongs with a Police Officer and in that ride along they came across four people who claimed they were residents of the Covered Wagon. When the motel reduced the price to $10 a night per person it attracted a negative element. Cheryl Flores, Senior Planner, Zoning .Division: Stated for the recorcl, staff did give Commission a letter from the West Anaheim Better Business of Concerned Citizens and made tt available to Mr. Parkins as well. Colleen Giddins: Stated she is a current resident of the Covered Wagon. She resides in Unit 261 and has been residing there for approximately seven weeks. She has seen the Police come onto the property but they have been for other transients and not residents. There is a bus stop in front of the Covered Wagon which she has seen homeless and transients, when Police are called to pick them up they come into the driveway and arrest them there but they are not residents. She has also seen the manager on the property at 11:00 p.m. checking rooms and making sure the appropriate people are there. She has an eight year old daughter who lives with her. She believes they have done their best to upgrade the property and she has been an Anaheim resident for 6 years and she was there in the past when it was the Razzmatazz and feels it has changed dramatically. Joseph Adams, a resident at the Covered Wagon: Stated they have an eight year old daughter and he does have the responsibility for her safety and if he felt it was not a clean environment then they would have moved. He feels the management does a very good job. There are other families there. He feels this motel does need reconsideration. Matthew Samland, resident at the Covered Wagon: Stated he has been there for approximately eight months and has been employed there for over four months. He works 60 hours plus a week, 6 days a week. It is his job three times a day to clean up the dog defecation throughout the property. They do ask for identification which is noted on the room register book. He stated after they have redone a room from top to bottom then go in the next day for a walk through and smoke detectors are gone, the sink used as a seat, etc. but they get on the problem .right away and feels there is a lot of work being done on that location. He has personally witnessed Police driving into the property and use it as a convenient place to arrest them there, then the address of the motel is used on the Police report, but none of those people were residents. Commissioner Bdstol: Asked Mr. Samland if he was the manager? Matthew Samland: Responded he is maintenance and sometimes works the office. Commissioner Bristol: Stated it appears many of the people have been there a long time. How many people have been there longer than 1 or 2 months? Matthew Samland: Responded approximately 12 to 18 people. There are many people with children that do not have a problem with their children playing in the Parking lot since many families feel secure there. Ted Scherani: He has resided at that motel for eight months. There has been a continuous effort to improve it through the management and the owners and the conditions of the rooms have been upgraded on a daily basis. He feels they are working very hard to upgrade the motel to their satisfaction. 04-28-97 Page 15 Ginger Samland, 823 S. Beach Blvd.: Stated she has been a resident at the Covered Wagon Motel for approximately eight months and never felt threatened, intimidated nor afraid to leave her room in the evening and walk her pet around the motel. She has seen vast improvements since she has been there. Miles Berg: Stated he has been a resident at the Covered Wagon for three months and also a cab driver for the County or Orange for approximately five years. He said he knew what that location was like before and feels it has vastly improved. Commissioner Peraza: Asked if he was a Yellow Cab driver? Miles Berg: Responded he works for Orange County Yellow Cab Commissioner Peraza: Stated Commission received a letter from the Better Business Concerned Citizens which stated in addition suspicious activity has been observed around the Covered Wagon Motel, most recently up to five or six Yellow Cabs have been observed at the same time in the Parking lot. Some of these same vehicles have been seen in the neighborhood making a very short contact with other individuals. The rider of the cab is then driven back to the Covered Wagon and is suspected that these individuals are dealing drugs from the Yellow Cabs and living in the Covered Wagon Motel. Miles Berg: Stated he does not deal in drugs. William Langjahr, Manager of the Covered Wagon Motel: Stated in March 1996 he became manager of that motel. It was a living nightmare. It has been an uphill battle but the Police Department. He asked that they be given a reasonable time to do what they need to do. He has helped the Protective Service Agent, Tactical Agency and Tactical Patrol. He has worked in Santa Ana, Garden Grove and in Anaheim so there are many officers that know who he is. They want to work with the City and do what is right. He has two children of his own and he does not agree with prostitution and has never done drugs in his life. They have daily rates ($20 plus tax and key deposit) and weekly room rates, he does not prorate because the sign cleady states $20 night plus other rooms at $30 a night. That sign has been there since he was been at the motel. Chairman Messe: Are all the rooms rentablel William Langjahr: Responded no they are not, they have certain .rooms that they are still rebuilding, other rooms with items stored while they upgrade the rooms. In time they will have 70 rooms rentable. Since the last inspection they have done a lot of upgrading. Commissioner Peraza: Asked how long he has been there? - William Langjahr: Responded since March 23, 1996. Commissioner Peraza: Asked how long did they have the posting of room rates? William Langjahr: Responded ever since he got there. Commissioner Peraza: Stated .according to Item No. 12 of the staff report it states, improper posting of room rates, operating unlicensed business activities from motel room. William Langjahr: Responded he did not understand that because it has been up there all the time. They had a severe accident to the past, a van crashed into the sign but the next day they put it backup. 0428-97 Page 16 Commissioner Bristol: Asked if Mr. Langjahr lived there round the clock? William Langjahr. Stated when he first managed there he did not Ilve there until he started cleaning up the motel. Commissioner Bristol: Asked how many units are rentable? William Langjahr: Responded 62. Commissioner Bristol: Stated the gentleman that he just spoke to indicated that there were 10 to 12 families have lived there for more than one month. William Langjahr: Responded there are nine total rooms that have been there for more than one month but since they have come down on him and asking that he needs to start having them check out after twenty days or twenty nine days and he has been doing that. He stated he has never done management before but he is teaming a great deal working in this City. For example, room 373 (photo) is an example of a room refurbished, 90% was done by him, his wife and one other helper. That room has everything in it and that room is now in use since the last time it was inspected. Commissioner Bostwick: Asked if maid service is offered on a daily basis? William Langjahr: Responded yes, they do but they have a many rooms that are weekly and occupants request maid service every other day. That is the occupants choice. Commissioner Bostwick; Asked what the average daily rental of rentals arel William Langjahr. From 35 to 42. He stated again they have done a lot of work and he wished there were other officers present to attest to that, i.e., Officer Dodds, Officer Murphy, Officer Johnson, Officer Hartman even Bob Adrian has made a couple of comments to him that it is getting better but it is not good enough.. Mr. Langjahr stated Bob Adrian commented to him that no matter what you do it is not good enough and it is not going to do any good because everyone wants these places leveled and something else done there. Dr. Mohsen Abdolsalehi, a partner in the Covered Wagon Motel: Stated they also have another motel in Buena Park and he is managing it. He has three children and a wife with a master's degree. The City has been working very close with them but his expectations were more than what has been happening. Every time Code Enforcement came to their motel in Anaheim, he was not informed. On April 10th meeting when he asked why no one called to notify him. He feels he should be notified when they want to inspect the motel. He agree during the first-quarter of 1996 they did have much Police activity due to undesirable but since that time they have changed and no longer have the undesirable. They now have families currently living at the motel. The period from April 1996 to April 1997 they did not have a meeting regarding their room conditions. They had to initiate and request to have a meeting (a few days ago) before the hearing to see what the situation is and how to improve the situation. Commissioner Bostwick: Stated on the staff report it states that in January and September they were given a list of approximately 200 Code violations, was that not a list to work from? Dr. Mohsen Abdolsalehi: Responded yes they did receive the list. There was a list to fix the rooms and William Langjahr went with them and later he spoke with William and .asked how it went. He asked if four workers were enough and the response was that they did have enough 04-28-97 Page 17 workers. At the next inspection, he asked William and he responded that it was going well and to keep up the good work. Therefore, he thought they had a good working relationship. Chairman Messe: Was he requesting notification? Dr. Mohsen Abdolsalehi: Yes. Chairman Messe: What would that serve to do? Dr. Mohsen Abdolsalehi: Responded if Code Enforcement comes he should be notified so the work can be completed. Commissioner Bostwick: Stated the fist of Code violations should give him the clue of the type of people he needs to bring in to correct those violations. Dr. Mohsen Abdolsalehi: Stated their manager was working with them and he was making the decision on what the work that needed to be done. Commissioner Bostwick: Asked if he has sat down personally with Code Enforcement about these 200 Code violations? Dr. Mohsen Abdolsalehi: No, the only meeting he had three days ago and he asked them why they do not leave a business card. Commissioner Bostwick: If he had a meeting with Code Enforcement a few days ago, how many violations have been corrected? Dr. Mohsen Abdolsalehi: The 200 violations are not the ones they had three days ago. Commissioner Bostwick: Asked of the 200 violations how many have been corrected? Dr. Mohsen Abdolsalehi: Responded approximately 150 to 160. They are working on those violations every day. Gregory Parkins: Stated they intend to put a pizza parlor in there and have his son run it. The last inspection of the motel in January they did not interpret that as Code Enforcement being unsatisfied with their progress of improving the motel. He stated he has never seen nor would the Police allow them to have someone in their motel without identification. The reason for charging $20 for two people rather than one person since most of the time it will be two people. He spoke with Code Enforcement regarding his concern of the Police using their driveway to arrest people and then use their address as the arrest location. He does not mind that, but he does not appreciate the arrest to be associated with the motel. When the arrests are referred to ' prostitution and there were about four incidents in the detail list they were never arrested doing business in the motel, they were arrested out in front. The things mentioned he has never heard of and he is there everyday. Mr. Dr. Mohsen Abdolsalehi since the first of this year stays on the property from 8:00 p.m. until 4:00 a.m. seven days a week. There are four apartments on the property and that is the reason for some of the people living there for a long time, in one bedroom apartments. Virtually all of the items listed on the list they have completed. There is one area that they are lacking in and that is the air conditioners. The motel use to have an air conditioning units. There are four apartments on the property and that is the reason for some of the people living there for a long time, in one :bedroom apartments. Virtually all of the items listed on the fist they have are completed. There is one area that they are lacking in and that is the air conditioner. The motel use to have an air conditioner unit and they were told they have to take those air conditioners out and put in air conditioner that have a heating unit and the air 04-28-9? Page 18 conditioning unit in the same place. The purchased new air conditioner to replace them all. He included in the photos a picture of the new air conditioners. Installing them is a slowjob, it damages the concrete when they replace them. The units are paid for and on the property they just need them. The units are paid for and on the property they just need to be .installed and they are working on them as fast as they can. Many of the violations are from months ago and that is not where they are at today. They have a continual problem with the theft of smoke detectors and towels but that is an industry wide problem. He stated he has gone into debt over $1 million to purchase and rehab this property and Dr. Mohsen Abdolsalehi and himself have spent out of their own money over $200,000 on this property. They are down to about seven room that still remain to be worked on, but even those rooms have had the carpet replaced, pad replaced, the floor covering in the bathroom and painted. Chairman Messe: Asked when is the project going to be completed? Mr. Parkins: Responded minus the air conditioners and possibly absent resurfacing the asphalt approximately 90 days. The air conditioners possibly another two months. The rooms do have air conditioning but it is not the type of air conditioning units that the Code Enforcement wants to see. PUBLIC HEARING WAS CLOSED Commissioner Henninger: Asked if the photos were representative of a few rooms or all the rooms? Tim Dunn: Responded what was noted was there had been some progress made but they consistently found them unable to take care of all the rooms at one time. Not all the rooms looked as bad as some of those pictures,however, many did. Chairman Messe: Asked Tim Dunn if he thought the management of this motel was getting the wrong message of how the City felt about the .rate of improvement and how things were going. Tim Dunn: Responded, no, he felt they made it clear to them every time Code Enforcement was there and gave them an evaluation and indicated to him that they have to get money, people or whatever it takes to complete. They would note that the work had taken place but indicated to him that they have to get more money, people or whatever it takes to complete. The response was that they are doing the best that they can. Commissioner Henninger. What would it take to bring this motel to Code? Tim Dunn: Responded it was discussed al length last week when they had the meeting with Mr. Parkins and Dr. Mohsen Abdolsalehi. It was their impression that they needed professional help for management, security and maintenance. It appeared to them their staff were not capable of taking care of all the problems. It was their recommendation that they hire professionals to take care of it. Many of the repairs notes, were enough to get by on the inspections but were not considered quality repairs. Commissioner Henninger: Asked if he felt with the right management plan and the proper budget this motel could be fixed? Tim Dunn: Responded yes. Bruce Freeman: Stated back when he first meet Mr. Parkins they had indicate at that time the problems that were occurring with the motels on Beach Boulevard. They had given them a copy of a document that the .Police Department was handing out to all the motel manager 04-28-97 Page 19 recommending certain steps be taken, i.e. the photo identification, the room rates, security, lighting. Back before the motel opened they were aware of the problems and subsequent meetings again they reiterated the same problems that were continuing to occur. One maid cleaning 50 or 70 rooms does not seem appropriate. It is a lack of on-site staffing to actually handle the problems. They have .been waiting and hoping to see a consistent change but that has .not occurred. Commissioner Henninger: Asked how long the restaurant has been closed? Bruce Freeman: Responded the restaurant has been closed for about five years. He made a special trip to the Buena Park location to ascertain what that property looked like. It does not look anything like the property in Anaheim. Applicant's Rebuttal: Mr. Parkins: When we read in January which was the last inspection, he does not interpret that as being very unhappy. The motel improves on a daily basis. He has never seen nor would the Police allow them to have someone in their motel with no identification. The reason for charging $20 for two people rather than one person since most of the time it will be two people. They are actually higher than several of the motels in the area. He spoke with Code Enforcement regarding his concern of the Police using their driveway to arrest people and then use their address as the arrest location. He does not mind that, but he does not appreciate the arrest to be associated with the motel. When the arrests are referred to prostitution and there were about four incidences in the detail list they were never arrested doing business in the motel, they were arrested out in front and that was his point, when the Police pull those people over and then the arrest goes down on their address that is not right and that is part of the 64 calls for this year. The things mentioned he has never heard of and he is there everyday. Mr. Abdolsalehi since the first of this year stays on the property from 8:00 p.m. until 4:00 p.m. seven days a week. There are four apartments on the property and that is the reason for some of the people living there for a long time, in one bedroom apartments. Virtually all of the items listed on the list that they have are completed. There is one area that they are lacking in and that is the air conditioner. The motel use to have an air conditioning unit and they were told they have to take those air conditioner out and pick in air conditioner that have a heating unit and the air conditioning unit in the same place. They purchased new air conditioner to replace them all. He included in the photos a picture of the new air conditioners. Installing them is a slowjob, it damages the concrete when they replace them. The units are paid for and on the property they just need to be installed and they are working on them as fast as they can. Commissioner Bristol: The applicant gave testimony that many of the Police incidents were due to the Police arresting people who were not residing at the motel and asked Investigator Engle what his thoughts were this. Tom Engle: Stated starting in January 10, 1997 Police Report showed the following types of calls: subject stops which is a suspicious person on the property, check the welfare, keep the peace, 911 hang up, man with a gun, disturbance, car stop, assault and battery, two suspicious vehicles, subject stop, a drunk, mentally disturbed person, disturbance with the manager and patron, fight, assault with a deadly weapon., attempt suicide, patrol check, AOD arrest from another agency, suspicious circumstances, non injury traffic accident. Commissioner Peraza: Asked Investigator Engle if a reference on the Police report is made as to whether the person is staying in the motel? Tom Engle: Responded on written reports, yes 0428-97 Page 20 Commissioner Henninger. Asked whether the list from last year is a full list of all the reports? So, there were 350 calls that resulted in 63 written reports. Tom Engle: Responded yes. This does not mean that the other calls were cancelled., they were something that happened. Commissioner Bristol: Asked what the definition of a single room occupancy? Cheryl Flores: Responded a single room occupancy would have a different requirement as far as an entitlement. This is an entitlement for a motel which has a 30 day limit on the pccupancy of a room. A single room occupancy has difference requirements pertaining longer terms of stay. Commissioner Bostwick: Asked if they stay longer than 30 days, if they change rooms is that considered a new occupancy? Tom Engle: Responded they have to physically leave the property by 29 days and can not just change rooms. Commissioner Bostwick: Asked would that means that ail the nine (9) people that are over a month longer would have to vacate the property to be in compliance. Tom Engle: Responded yes, Commissioner Boydstun: Asked Officer Uravich what kind of contacts has he had out in the that part of town, in comparison with other motels? Mark Uravich, member of the Community Policing Team, Police Department: Stated his partner, Officer Adriane and himself work that area of town on a regular basis. Because the old Razzmatazz (former name of the property) had such a bad reputation for all kinds of criminal activity and problems, when it reopened they decided it would be one of the properties they would monitor a little more closely. They spoke with as many residences as they could. Much of what they do is foot patrol, so they get out and contact a lot of people from the City up and down .Beach Boulevard and Lincoln Avenue, this included the Covered Wagon Motel. Most of the motels up and down Beach Boulevard seem to attract all lot of that clientele (people with criminal records or a lot of wanted people or people on parole or probation). They check the guest register from time to time with the Covered Wagon as well as the other motels. When they go through the guest register and if there is 25 to 30 people registered they will always find four or five that did not have any identification. He did not feel that the property has changed a great deal from what it was before. He has been on at least two inspections with Tim Dunn from Code Enforcement and Bob Gilbertson from the Orange County Health Department and he sees this property which he feels is a dilapidated property. He does not see what it would take for this property to be anasset to the community and he does not see it now. Chairman Messe: Asked since the new ownership does he see any progress? Mark Uravich: Responded he has observed when Code Enforcement goes out and requests items to be done they will do specifically what they are told to do, putting out spot fires. During one of the inspections that they walked through he noticed that there were so many rooms that had water damage. It appeared there were residents doing the repairs and they had the wet patching compound going from place to place putting the patching compound on the roof. It did not appear to be sufficient for the situation. The has been some effort to comply but he did not see an overall noticeable improvement. 0428-97 Page 21 Commissioner Peraza: The reference to a 27 year Police Department veteran housing his daughter there implying it was an okay motel and asked if Officer Uravich would he feel comfortable with his own daughter living in that motel? Mark Uravich: Responded no. He has been an officerwith'the Police Department for over 16 years and has not heard of a retired Police officer named Clyde Lock. Commissioner Boydstun: Stated she has several clients in the area and asked the clients about the area .and about the place and what they felt about what was there now. There response was that it is a big improvement since it was the Razzmatazz. There has been less problems in the neighborhood but they think it has a long way to go. Perhaps they should give them 90 days and have Code Enforcement out there in 60 days and see what progress is made in the 60 days. She thought it was unfortunate that his son was going to open a pizza restaurant because her thought was if the building came down their entrance could be improved .and it would certainly make the appearance of the place better and give better access. Selma Mann, Assistant City Attorney, City Attorney's Office: Stated the definition of a motel in the Code is a group of attached or detached buildings containing individuals sleeping or living units with Parking space conveniently located at each unit. All of which units are for the temporary use by automobile tourists or transients includes auto courts, tourist courts, motor lodges or motor hotel. Tourists or transients shall be defined as persons renting accommodations for one or more periods of time. Any single time period not exceeding one week or seven days. Nothing contained here shall preclude any person or persons from renting any accommodations described herein for as many successive weekly or seven day time periods as said person or persons my choose. 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 EIR. Revoked Condition Use Permit No. 2199 on the basis that the use for which such approval was granted has ceased to exist and has been suspended for one year or more. Continued Variance No. 1229 to the July 21, 1997 Planning Commission meeting in order for the applicant to meet with Code Enforcement, Police Department and Health Department staff and jointly develop a Management Plan outlining a time schedule for compliance of all Code violations and submit it to the Zoning Division of the Planning Department for review and approval by the Planning Commission as a Report and Recommendation item on Jupe 9, 1997. Said Management Plan shall contain the following: 1. Punch list and time schedule (all issues shall be resolved within the 90-day period, by July 21, 997); 2. The procedures applicant will take to run the business as a motel; 3. The number of maids that will be provided to keep all the rooms clean; and 4. The procedures that will be taken to resolve all Code violations. 04-28-97 Page 22 VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney: Stated the 22-day appeal rights. DISCUSSION TIME: 1 hour and 57 minutes (2:10-4:07) 04-28-97 Page 23 6a. CEQA NEGATIVE'DECLARATION 6b. CONDITIONAL USE PERMIT NO. 3928 OWNER: PRAHALAD P. BHAKTA AND DARSHNA P. BHAKTA, 420 South Beach Boulevard, Anaheim, CA 92804 AGENT: HITENDRA BHAKTA, 500 South State College Boulevard, #430, Orange, CA 92868 LOCATION: 420 South Beach Boulevard -Best Budget Motel. Property is 0.76 acre located on the east side of Beach Boulevard, 530 feet north of the centedine of Orange Avenue. To retain an existing 45-unit motel. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to 5-12-97 SR6485DS. WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the May 12, 1997 Planning Commission meeting, as requested by the petitioner. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney's Office: Stated the 22 -day appeal rights. DISCUSSION TIME: This item was not discussed. 04-28-97 Page 24 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Continued to 7b. CONDITIONAL USE PERMIT NO. 3812 (READVERTISED) 5-12-97 OWNER: TW INVESTMENTAND IW INVESTMENT CORPORATION, Go Kape Properties, P.O. Box 6474, Beverly Hills, CA 90212 AGENT: MICHAEL BATES/MB TECHNICAL SERVICES, 1539 West Spring Street, Long Beach, CA 90810 LOCATION: 1315-C 1315-D. 1321. 1325. 1331 and 1341-C North Blue Gum Street. Property is 9.7 acres located at the northwest comer of Miraloma Avenue and Blue Gum Street . To expand an existing automotive van conversion and modification plant within an existing industrial park. CONDITIONAL USE PERMIT RESOLUTION NO. SR6631 KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None/1 person was present, she indicated she will come back on May 12, 1997 to speak on the project. ACTION: Continued subject request to the May 12, 1997 Planning Commission meeting in order for the petitioner to address outstanding issues with the Code Enforcement Division. VOTE: 6-0 (Commissioner Mayer absent) pISCUSSION TIME: This item was not discussed. 04-28-97 Page 25 8b. WAIVER OF CODE REQUIREMENTS 8c. CONDITIONAL USE PERMIT NO. 3926 OWNER: GEORGE M. KUBO, 23361 Villena Street, Mission Viejo, CA 92692 AGENT: DENNIS R. VON LOSSBERG, 11870 Beach Boulevard, Stanton, CA 90680 LOCATION: 721-725 South Beach Boulevard. Property is 1.13 acres located on the west side of Beach Boulevard, 1,000 feet south of the centedine of Orange Avenue. To permit a trailer sales lot and repair facility with waivers of minimum landscaping adjacent to residential zone boundaries, permitted encroachments into setback areas and required site screening. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-45 Denied Granted, in part SR6622KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None/1 person spoke in favor, but with wncems. Applicant's Statement: Dennis Von Lossberg: Stated he is presently operating a business about two miles south on Beach Boulevard and is proposing to build a building in a shop for his business to relocate. They are trying to build a building to match the existing area.. He had photos showing across the street there is a business with a shop called Henry's and a used fire repair store that are zoned exactly as subject property is zoned. He is going to re-landscape the entire front and going to sell and repair utility trailers. He understands it is a concern because of the townhome complex to the rear of the property but in the photos that he submitted he stated there is a large stucco sound wall. Guss Ro'sco: Stated when the applicant made a preliminary application the mood was orie of cooperation and there was never any concern about this use not being compatible. The _ applicant sells finished trailers, he does not manufacture them, so it is not an industrial use it is a retail use, The screening of Beach Boulevard was deleted as a condition of approval but yet it is cited as a reason for denial. They then tried to address staffs concern's. They are now proposing to plant a hedge along the entire front as part of the landscape buffer and also have added more palm trees along Beach Boulevard. The building being proposed is a single story building, it is a low profile building. Condition No. 18 requires landscaping along the back side along the townhomes but there is a two story sound wall. Mark Sandquist, Broker with Grubb and Ellis Real Estate: Stated he has marketed the property for over one year. There is a number of reasons why national companies would pass up this 04-28-97 Page 26 property which makes it available for a limited amount of uses. The applicant's use fits in the area, he is in the area now with an ongoing business in Beach Boulevard in Stanton. Public Testimony: Carol Stanley: Stated she is well acquainted with property. Three years ago this property was overgrown with weeds, trash, spare tires had been thrown in the lot and there was a trailer in'the lot. It has since been cleaned up. The front fence was repaired. It has looked much better this year than it has in the past four years. She would like to see a business go in there. The only problem she has with this is the Home Run .Batting Cage next door uses that lot often for overflow Parking, using approximately 2/3 of the lot. She recommended that if they are going to use it and build on it, they could re-level and repave that lot because during the rainy season water sits there for a considerable length of time which can promote mosquitos, etc. Applicant's Rebuttal: Guss Rosco: Stated part of the application is that they are doing a lotline adjustment on the back portion of the property to give additional Parking to the Home Run Batting Cage. The application before Commission is only for the front portion of the property. If this is approved they would come back for a lotline adjustment in order to be able to add the back portion of the property to Home Run for them to add addition Parking. Chairman Messe: Asked how they would access that as a Parking? Guss Rosco: Responded there is a 20 foot easement that exists and they are going to honor that. Chairman Messe: Asked how many Parking spaces that would allow? Guss Rosco: The applicant is hoping for 40 or more. PUBLIC HEARING WAS CLOSED Commissioner Bostwick: Asked if the applicant had read all the conditions in the report and agree to them? Dennis Von Lossberg: All but Condition No. 18 :because he does not believe it is applicable. Commissioner Henninger. Asked if the area is going to be parked with new or used trailers? Dennis Von Lossberg: Responded approximately 2% used trailers. _ Commissioner Henninger. Asked the applicant to describe the work that will be done in the _ _ shop. Dennis Von Lossberg: Explained there will be two bays for repairs and trailer hitches and then there is one separate bay which is sectioned off from the rest of the shop to do welding. The welding is going to be very limited. Commissioner Henninger: Asked how many trailers for repairs would there be at any one given time on-site? Dennis Von Lossberg: Responded usually schedule the trailers in the morning to leave in the afternoon due to the limited Parking. 04-28-97 Page 27 Commissioner Henninger: Asked how many spaces would he need for storage at the proposed location? Dennis Von Lossberg: Responded three or four spaces maximum. Commissioner Boydstun: Asked if the applicant would be putting in a new asphalt on the lot? Dennis Von Lossberg: Responded he is going to do what is know as a surface port of an 1 '/:. He checked the parcel in the rainy season and there is a ,puddle situation in the back 60 feet which is the proposed Parking lot for the adjacent business. The section of property that he wants to take over does not have a drainage problem but he has proposed between the owner of the baseball center and himself to put storm drains in to drain the excess water away because it is in the back section against the townhomes. He checked the City maps and there is actually a easement for the flood control and the drainage to go out between the back side of the townhomes and the motel next door, there is a 6 foot easement for Utilities. On the right side there is another easement of 16 feet which he is allowing them 20 feet for the driveway to get to the back, an extra four feet to allow for telephone poles, etc. Chairman Messe: He wondered what the reasoning was for staffs recommendations to the compatibility of the business in the area. Cheryl Flores, Senior Planner, Zoning Division: Responded staffs feelings were that this would be better suited for an industrial area being that it is largely an outdoor use. The main concern was the close proximity to residential units to the west and how it might effect them. Chairman Messe: Stated it appears that the front part of this business is going to be near Beach Boulevard and the rear part next to the residential is going to be Parking lot for the Batting Cages, and asked if there was a problem with that? Cheryl Flores: Responded that would give a buffer to this particular business being a 60 foot distance. She was not sure how much noise could'be attributed to type of repair work that they do inside the building and if it could be heard outside. The plans that were submitted show somewhat compliance with Condition No. 18 which staff had recommended for the berm and, the additional landscaping from Beach Boulevard. She stated she wanted to make a correction to the staff report on paragraph no. 22, C-2. On Condition No. 18 providing the landscape setback adjacent to the west property line. The reason they asked that to be done at this time, in conjunction with his request, is that when there is a lot line adjustment there is no way io condition the lot line adjustment to make sure that this gets done. Commissioner Bristol: Asked if the easement off Beach Boulevard going directly west is going south also or will it continue to go west? Cheryl Flores: Responded it goes west and it would lead right into the 60 foot area that will become part of the property to the north. Commissioner Bristol: Asked if the property line that is seen in the diagram with Commission's packet is where staff would want the trees? Cheryl Flores: Responded the trees would go along the west property line and the condominiums. Chairman Messe: Asked if staff has reviewed the revised plans and asked staff if they would like to come back as a Report and Recommendation Item? 04-28-97 Page 28 Cheryl Flores: Responded yes, in fact there is already a condition of approval (No. 16). Commissioner Henninger. Asked if staff would like the trees planted in the new property line or the old property line? Cheryl Flores: Responded they are to be planted along the existing west property line. Commissioner Henninger, Asked what will be required regarding landscaping if they want to building a Parking lot. Cheryl Flores: When the Parking lot is developed they will have to have planters to separate every 10 contiguous spaces. There will be additional landscaping in the Parking that will be required. There was further discussion regarding Parking lot spaces and landscaping related to the Parking lot. Commissioner Henninger. Asked how many trailers did they plan on displaying? Dennis Von Lossberg: Responded approximately 100. ACTION: Approved Negative Declaration Denied Waiver of Code Requirement on the basis that all the waivers were deleted following public notification. Granted, in part, Conditional Use Permit No. 3926 with the following changes to conditions: Modified Condition Nos. 18 and 21 to read as follows: 18. That a Lot Line Adjustment Plat shall be submitted to the Subdivision Section for approval by the City Engineer and then recorded in the Office of the Orange County Recorder to adjust the westerly property line of this property to combine the rear 60 feet of this property with the property to the north for Parking purposes for the adjacent batting cages and arcade uses. 21. That prior to issuance of a building permit, orwithin a period of one (1) year from the date of this resolution whichever occurs first, Condition Nos. i, 7, 10, 12, 13, 14, 15, 16, 18 and 19, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Added the following conditions: That the trailers shall only be displayed in the areas shown for display on the site plan. That used trailer sales inventory shall be limited to no more than ten percent (40%) of the on-site trailer inventory. 04-28-97 Page 29 That a maximum of one hundred (100) trailers for sale shall be displayed at any one time and that a maximum of ten (10) trailers awaiting, or that have finished repair, may be stored outside. That as stipulated to by the petitioner at the meeting, an agreement between subject property owner and the property owner immediately north of subject property shall be submitted to the Zoning Division to provide proper drainage from the rear of the property to the street which shall further be subject to the review and approval of the Public Works, Development Services Division. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney: Stated the 22-day appeal rights. DISCUSSION TIME: 39 minutes (4:07-4:46) 04-28-97 Page 30 9a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 9b. CONDITIONAL USE PERMIT NO. 3724 (READVERTISED) OWNER: Diocese of Orange, 2811 East Villareal Drive, Orange, CA 92667 AGENT: Bissel Architects, 446 Old Newport Boulevard, Newport Beach, CA 92663 LOCATION: 412 North Crescent Wav. Property is 5.01 acres located on the east side of Crescent Way, 380 feet north of the centerline of Penhall Way. To amend or delete conditions of approval pertaining to signage requirements and review and approval of sign plans for apreviously- approved church. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-46 Approved Approved, as readvertised SR6642MA.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Glenn Glotley with Bissel Architects representing the Saint Thomas Korean Catholic Center. Stated after reviewing the staff report he had nothing more to add at this time and was available for any questions. PUBLIC HEARING WAS CLOSED ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Amended Condition No. 1 of Resolution No. PC94-151 adopted in connection with Conditional Use Permit No. 3724 as follows: (a) "1. That the permitted monument sign shall be limited to a 42 square foot., 14-foot high sign, as illustrated on Revision No. 1 to Exhibit No. 3." Approved the proposed freestanding sign based on the following: (a) That the proposed sign complies with all development standards applicable under the ML zone. 04-28-97 Page 31 (b) That submitted plans indicate that the proposed sign will be architecturally compatible with the existing building and fencing. VOTE: 5-0 (Commissioners Bristol and Mayer absent) Selma Mann, Assistant City Attorney: Stated the 22-day appeal rights. DISCUSSION TIME: 4 minutes (4:46-4:50) 04-28-97 Page 32 10a. CEQA NEGATIVE DECLARATION 10b. WAIVER OF CODE REQUIREMENT 10b. CONDITIONAL USE PERMIT NO. 3927 OWNER: LAKEVIEW BUSINESS PARK, 2615 South Orange Avenue, Santa Ana, CA 92707 LOCATION: 1480 North Lakeview Avenue. Property is 0:84 acre located at the northeast comer of Lakeview Avenue and Eisenhower Circle. To permit an automobile repair facility within an existing 10,585 square- foot industrial building and construction of 1,600 square-foot of meuanine storage area with waiver of minimum number of Parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-47 Approved Approved Granted SR6601 JK. WP FOLLOWING IS A SUMMARY pF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke in opposition Applicant's Statement: Doug Haydon: Stated they are currently in operation at the City of Anaheim at 1480 North Tustin Avenue. He would like to transfer the business from their existing location to the address at 1480 North Lakeview. Chairman Messe: Asked applicant if he had read the conditions? Dcug Haydon: Responded yes he had. He has two areas of concern. Item no. 1, page 6 is to limit the business to nine people total and sometime in the future there may be more people. They have been at their current level for the past five years. Chairman Messe: Asked applicant if he understood what the Parking study indicated. Doug Haydon: Stated if that is a condition then he is willing to agree to it. He asked if there is allowance to add one more person in the future and would that affect the conditional use permit? Chairman Messe: Stated he may have to return before the Commission with another Parking study. Doug Haydon: Responded based on that then he requested to leave it as is. The other concern was about Condition No. 13, they occasionally have a need to work on Saturdays. Chairman Messe: Stated it is not a problem in the industrial area. 04-28-97 Page 33 Cheryl Flores, Senior Planner, Zoning Division: Stated on Condition No. 15, staff would like to take out Conditions 2, 8, 9, 10 and 11 and make the timing on those prior to the issuance of building permits. Public Testimony: Gloria Hale, Hale Glass Inc., 4561 Eisenhower Circle: Stated she is present to address a Parking problem that exists in Eisenhower Circle which has existed for the past eight years. She has personally called on the Traffic Engineering Division (she referred as the Parking Department) to have the green curbs 15 minute or temporary parking removed because the parking is such a horrendous problem on Eisenhower Circle. There has been :insufficient parking from the beginning when they purchased the building eight years ago. It continues to be a problem and it has become worst as the economy has improved. The street is occupied by numerous building contractors. Some of these yards that were intended to be used for parking are being used far storage which contributes to the problem. They have a landscape contractor which is those employees can fluctuate but cars arrive at approximately 6:00 a.m. and the workers report to the construction sites and then come back later in the day, which means the Parking is taken all day long and there is absolutely no parking for visitors available. Chairman Messe: Stated his personal observations when he drove Eisenhower Circle. There were many buildings that are using parking for outdoor storage. Gloria Hale: Stated she is asking that this request be denied. Their study has shown 67 parking spaces and they have proposed 27 which is less than 50°k that is required. With 9 or 10 employees it will reduce that number to almost half. Phil Bennett, project architect: Stated they agree with staffs findings. Regarding the conditions of approval, the reason Mr. Haydon mentioned Condition No. 1 is that in a letter submitted to staff he stated he currently employs two people and that is why he would like to have that condition limited to two persons. Condition No. 10 pertaining to Standard Parking Plans and driveway locations, they have no problem with the parking standards but the driveway locations are in their existing locations and they are not anticipating any changes at those locations. They agree there is a parking problem in that area. The applicant contracted with the parking engineering firm and they analyzed based upon his business use which is a less intense parking requirement and that was submitted to staff and approved by Traffic Engineering. Tom Gilmer, representing the ownership of the building proposed for sale: Stated the applicant is not requesting street parking in order to comply with their parking requirements. The traffic study that was done included both the vehicles that are being held for repair and the employees. There is street parking allowed but it is being used by other businesses in the area. Doug Ha'ydon: Stated the nature of his business is that typically people would bring their cars in the morning and they return to pick them up in the evening. They basically receive cars and _ _ generally stay in one position for the course of the day. He does not feel that their use will impact their business at all. PUBLIC HEARING WAS CLOSED Alfred Yalda, Principal Transportation Planner, Traffic Engineering: Stated since most of the use of Eisenhower Circle is industrial use, they should have their own parking spaces. What they do is work with the parking owners to accommodate them for their needs in front of their property. For example if a property owner requests to remove all the parking in front of their business they will investigate and generally they comply with their wishes. 04-28-97 Page 34 Commissioner Henninger. Asked Alfred Yalda if they anticipated that there was some change to the driveway locations on the site? Alfred Yalda: Responded no, these are general comments that are included. They just want them to understand that the parking stalls are 8'/z by 18. They should meet the required Code parking for handicapped and since they are :not proposing to put any new driveways, the existing driveway location is fine. Chairman Messe: Stated on the parking study assumptions were made that Mr. Haydon was not moving due to expansion, yet the square footage is an expansion and there is an extra bay. Asked Mr. Yalda if he was satisfied with the parking study as to the adequacy of the parking? Alfred Yalda: Responded yes, they actually reviewed it and figured the new facility is approximately 24% larger. They used the data that they did from the existing location and multiplied it to see what the new demand would be. Commissioner Henninger. Asked if one more employee would make a difference? Alfred Yalda: Responded with the assumption they anticipated there would be one shortage parking based on the study submitted. But if that is changed, Commission may want to have them add additional parking inside that would be specifically used for either employees or parking not for the repair inside the building. Commissioner Henninger: If the condition was changed to 10 employees then Traffic Engineering would want the spaces changed to 27 spaces. Alfred Yalda: Responded yes. Bruce Freeman, Code Enforcement Supervisor, Code Enforcement Division: Stated in the past they have seen continued growth with automotive repair facilities in industrial areas. It might be prudent to limit the amount of cars that can be parked outside of the building at any one given time. 04-28-97 Page 35 ACTION: Approved Negative Declaration Approved Waiver of Code requirement: waiver was approved for 27 spaces. Granted Conditional lJse Permit No. 3927 with the following changes to conditions: Modified Condition Nos. 1, 13 and 15 to read as follows: That the number of employees shall be limited to 10 persons and a minimum of 27 parking spaces (including 3 interior spaces) shall be maintained on this property as indicated in the approved parking study. 13. That the business hours shall be limited to 6:30 a.m. to 6 p.m., Monday through Saturday as indicated in the letter of operation submitted by the petitioner. 15. That prior to the commencement of the activity authorized by this resolution, or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 12, and 14, above-mentioned, shall be complied with. Added the following conditions: That all employees shall park on-site. That no more than twenty four (24) vehicles shall be parked on-site, outside the building at any one time, That prior to the issuance of a building permit, Condition Nos. 2, 8, 9, 10 and 11, above-mentioned, shall be complied with. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney: Stated the 22-day appeal rights. DISCUSSION TIME: 20 minutes (4:50-5:10) 04-28-97 Page 36 11a. 11 b. 11 c. OWNER: ORKIN INCORPORATED/THRIFTY OIL COMPANY, 10000 Lakewood Boulevard, Downey, CA 90240 AGENT: DAVID A. ROSE III, 10000 Lakewood .Boulevard, Downey, CA 90240 LOCATION: 304 South Magnolia Avenue -Thrifty Oil Company. Property is 0.49 acre located at the southeast comer of Magnolia Avenue and Broadway. To amend or delete a condition of approval to permit retail sales of beer and wine for off-premises consumption in an existing service station convenience market. To determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-48 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. Approved Approved, as ready. Withdrawn SR6602JK.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: David Rose, on behalf of Thrifty Oil Company, 10000 Lakewood Blvd., Lakewood, CA 90240: Stated the application before them is for the inclusion of beer and wine as an existing seryiGB station with an existing convenience store. They are willing to accept all of the conditions of approval. They asked to modify Condition No. 16, page 5, which they hope will alleviate all the__ issues and disregard the need for a Determination of Public Convenience or Necessity headng. They proposed changing the wording to read as follows: That this approval shall terminate in one year in the event that an existing before ABC license and after license read from within the same census track has not been obtained. Currently the have a existing census track with four beer and wine licenses within a census track that allows for beer and wine licenses, their proposal is to have the Commission approve this Conditional Use Permit under the condition that they purchase one of the existing licenses. If they did not purchase that license the Conditional Use Permit would become .null and void and they would operate as existing. They think they have identified a license within the census track that will be for sale assuming that the Commission find it within the purvey to approve the project. 04-28-97 Page 37 PUBLIC HEARING WAS CLOSED Chairman Messe: Asked if they are withdrawing their request for a Determination of Public Convenience or Necessity? David Rose: Respond that he would have to throw it to Mr. Hastings or Ms. Mann regarding whether or not that would be the case. Commissioner Henninger. Asked Ms. Mann could they conditional find that there is a need for public convenience, on the condition that they are going to reduce the supply somewhere else? Selma Mann, Assistant City Attorney: Responded if they reduce the supply there would be no need fora .resolution of public convenience or necessity. - Tom Engle, Vice Detail, Police Department: Stated it would become a person to person transfer within the same census track there is no need for a PCN hearing. Selma Mann: Stated if there is a condition of approval that prohibits the retail sales that condition would need to be amended. So there would be a denial of the resolution of public convenience or necessity and an amendment of the CUP to amend the condition to indicate that there would be no beer and wine sales unless the applicant were to purchase an existing license in the same census track and would also need to notify the City. Commissioner Henninger: Asked if that is a legitimate condition in these circumstance? Selma Mann: Responded if the reasons chat the limitation was imposed in the first place was because of issues that had to due with this particular location, there would be some concerns about basing this condition upon their taking over an existing liquor license from within the census track which would not address the particular issues that caused to put the condition on in the first place. If the reason the condition was imposed was due to the fact that the limit had already been reached on the number of licenses that had been granted it seems that it would be appropriate. .David Rose: Stated it is his understanding that he has to come back to the City in the form of a Zoning affidavit and have the City sign off on the zoning affidavit then the ABC sends the Zoning affidavit to the City. " Commissioner Peraza: Stated the Magnolia School District is requesting this applicant be rejected. Bruce Freeman: Stated at noon time he went out to the general area and he found the Seven Eleven across the street does have the beer and wine license. The pizza parlor across the street from the location has beer. On Lincoln there are six other licenses on Crescent just off of Magnolia and Lincoln. There is a lot of off sale liquor in that general vicinity within walking distance of a very high dense populated area of which they do have considerable problems. 04-28-97 Page 38 Commissioner Bristol: Stated he went on Magnolia south bound 1/6 of a mile is Ball Road and there is one liquor store on the southwest comer, the northeast comer has a liquor store, there is a market on the southeast which he assumes has a full beer and wine license. On Broadway east and that is one mile from Brookhurst. Commissioner Henninger: Stated he has observed at gas stations that sell liquor there seems to be loitering as a problem. Chairman Messe: Asked what the reporting categories were for this boundary? Tom Engle: Responded he did not have that available at this time. Bruce Freeman: Stated he found at the locations were on Lincoln Avenue which is somewhat more commercial and not necessartly adjacent to residential as this location is. There is a lot of traffic in that general area, there are three large apartment complexes. The health spa which is directly behind this location is already a traffic problem area. David Rose: Stated regarding issue with beer and wine there have been several studies done concerning the combination of beer and wine and/or hard liquor and gasoline but studies done have basically indicated that about 80% of all beer and wine sales happen in grocery stores. The remaining 20°h is split up between convenience stores in conjunction with gas stations. ACTION: Approved Negative Declaration Approved request. Amended Resolution No. PC88-17 to add the conditions shown in the staff :report, except Condition No, 16 was modified to read as follows: 16. That this approval shall terminate in one year if the applicant has not been able to purchase an active and operating ABC license existing within the same census tract. VOTE: 5-1 (Commissioner Peraza voted no and Commissioner Mayer absent) Commissioner Henninger offered a Motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby accept the request for withdrawal of Determination of Public Convenience or Necessity No. 97-06. Selma Mann, Assistant City Attorney: Stated the 22-day appeal rights. DISCUSSION TIME: 22 minutes (5;10-5:32) 04-28-97 Page 39 12a. CEQA NEGATIVE DECLARATION 12b. WAIVER OF CODE REQUIREMENTS 12c. CONDITIONAL USE PERMIT NO. 3922 12d. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 97-07 OWNER: CARL N. & MARGARET M. KARCHER TRUST, 1200 North Harbor Bculevard, Anaheim, CA 92801 AGENT: ARCO PRODUCTS COMPANY, 4 Center Pointe Drive, La Palma, CA 90623 LOCATION: 1244 North Harbor Boulevard. Property is 1.16 acres located on the east side of Harbor Boulevard, 240 feet north of the centerline of Romneya Drive. To permit a 2,944 square-foot service station with an accessory convenience market with retail sales of beer and wine for off-premises consumption with waivers of (a) minimum distance between signs and (b) minimum required landscaping adjacent to interior property lines and to determine public convenience or necessity for retail sales of beer and wine for off-premises consumption. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-49 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC97~50 Approved Approved,. in part Granted, in part Denied SR6619KB.WP PLEASE NOTE: DUE TO PROBLEMS WITH THE RECORDING EQUIPMENT THE TAPE FOR TNIS ITEM WAS NOT AUDIBLE AND THEREFORE THE FOLLOWING SUMMARY WAS COMPILED FROM STAFF NOTES: FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION; 2 people spoke in opposition to subject request Applicant's Statement: Paul Lubay, Arco Products Company: Subject property has:been vacant for sometime and they are requesting to permit a service station with an accessory convenience market with retail sales of beer and wine. Mr. Lubay discussed, page 10, Condition 12, regarding the submittal of a request for reclassification, including a legal description of the portion of the lot which would be 04-28-97 Page 40 rezoned, to the Zoning Division for Planning Commission review and approval, and questioned if he was going to have to pay for that. Greg Hastings, Zoning Division Manager. Responded as long as the applicant submitted a legal description the City could initiate the rezoning. Paul Lubay: Regarding, Condition No. 13, he Indicated he did not know if they could abide with this condition. Mc Lubay stated Condition No. 16 was fine. He suggested corrections on the wonting of Condition No. 29 read as follows: 29. That beer and wine shall not be sold in packages containing less than asix-pack, and that wine coolers shall not be sold in packages less than afour--pack. Public Testimony: Chris Roberts, 1150 North Harbor Boulevard, Anaheim; Indicated that this area has a history of problems with vagrants who primarily congregate at La Palma Park. It improved somewhat when the County move out, however the crime rate in that area is high, at 114% above average. There are already four licenses in the area and only three A.B.C. licenses allowed (i.e. a market within 300 feet that already sells liquor). He is concerned and does not feel the area needs another business selling liquor. Greg Michael, World Oil Company (EXXOn): They have an Exxon service station on Harbor and Romneya. In 1998 they came before the Planning Commission for a request to permit a convenience market with gasoline sales and off-sales of beer and wine in conjunction with a 4,000-square foot commercial space and waiver of minimum number of parking spaces and were denied at that time. The circumstances are very similar to the current application before the Commission. Therefore, in all fairness they are requesting that this request be denied. Mr. Michael• referenced the Police Department's memo dated March 25, 1997 which states that this location is within Reporting District 1424 which has a Crime Rate of 114% above average. The .population in this tract allows for three off-sale A.B.C. licenses and there are presently four licenses. Mr. Michael: Referenced the minutes of the public hearing in 1988 for his application and read the following reasons why their request was denied: 1) The proposed use was denied on the basis that the concurrent sale of beer and wine in conjunction with gasoline sales would potentially contribute to driving and drinking problems. 2) The proposed use was denied on the basis that the parking waiver would cause an increase in traffic congestion in the :immediate vicinity and adversely affect adjoining land uses and granting of the parking waiver would be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. However, Arco is asking for the 5th license for beer and wine for this area. 3)The size and shape of the site proposed for the use is not adequate to allow the full development of fhe proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. In 1988 the Crime Rate was 113°/0 and it is now higher at 114%. 4) The traffic generated by the proposed use would impose an undue bunlen upon the streets and highways designed and improved to cony the traffic in the area. He felt nothing has changed since their request. 5) No one indicated their presence at the public hearing in 1988 in opposition, nor was there any correspondence received in opposition to their petition and still they were denied. Mr. Michael felt that accepting this application would be unfair considering the similarities of both requests and the fact that they were denied. Applicant's Rebuttal: 04-28-97 Page 41 Paul Lubay: He indicated the parcel is much larger and they have worked with staff and feel their request is compatible with the neighborhood. PUBLIC HEARING WAS CLOSED Commissioner Henninger. Asked about the proposed architecture since there had been no mention of this. Kevin Bass, Associate Planner, Zoning Division: Responded that Commission may wish to note that the City Council previously reviewed two architectural proposals for the Arco service station located at State College Blvd. and Katella Avenue. The petitioner had submitted plans for a mission-style facility and a more contemporary style facility, which was similar to the proposed architectural plans. City Council approved the mission-style facility and determined that the mission-style facility exhibited a more enhanced architectural treatment and the pump island canopy design complemented the service station. Overall, they preferred the older mission-style type of facility. Commissioner Henninger: Asked for the elevations plans approved for the service station on Katella and State College. Kevin Bass: Responded he did not have them with him, but he would get them from the office. After reviewing the architecture plans approved for the service station at Katella and State College, the Commissioners proceeded to approve a similar "mission style" architecture for subject service station. ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Requirement: Waiver (a) was denied on the basis that it was deleted following public notification and Waiver (b) was approved, as to the location of required trees provided the number of Code required trees would be planted and maintained. Resolution for approval of Conditional Use Permit No. 3922 was offered with the following added condition: That retail sales of beer and wine for off-premises consumption shall be allowed, only in the event that the applicant/ownerpurchose and retire 2 A.B.C. licenses, 1 of them to be active, within the same census tract where subject service station is located within a period of 1 year. Resolution failed to carry 3-3 vote (Commissioners Peraza, Messe and Bristol)." Granted, to part, Conditional Use Permit No. 3922 denying the retail sales of beer "" " and wine for off-premises consumption and with the following changes to conditions: Deleted Condition Nos. 16, 17, 18, 19, 21, 23, 24, 25 and 29. Modified Condition Nos. 28, 35, 38, 40 and 41 to read as follows: 28. That there shall be no coin-operated telephones maintained on the property that are located outside the building and within the control of the applicant. 04-28-97 Page 42 35. That a 3-foot high landscape berm shall be installed adjacent to Harbor Boulevarc as indicated on approved Exhibit No. 5. 38. That the owner/developer shall submit revised exterior building elevation plans and canopy plans showing "Mission Style" architecture, similar to the plans approved for the service station on the southwest comer of State College Boulevard and Katella Avenue, to the Zoning Division for review and approval by the Commission as a "Reports and Recommendations" item. 40. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15, 27, 35, 36, and 38 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03:090 of the Anaheim Municipal Code. 41. That prior to final building and zoning inspections., Condition Nos. 8, 28, 32 and 39, above-mentioned, shall be complied with. Added the following conditions: That the underground gasoline storage tanks shall be moved to the south side of the pump island. That the trash enclosure shall be located at the northeast comer of the property, outside the planter area. That the existing chainlink fence on the east and south property lines shall be removed. Any proposed fence shall be wrought iron. That additional landscape planters shall be constructed, planted, irrigated and maintained .adjacent to the north, south and west building elevations. DENIED Determination of Public Convenience or Necessity No. 97-07. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, City Attorney's Office: Stated the 22-day appeal rights: DISCUSSION TIME: 37 minutes (5:32-6:09) 04-28-97 Page 43 13a. CEQA MITIGATED NEGATIVE DECLARATION Approved 13b. GENERAL PLAN AMENDMENT NO. 344 Recommended adoption 13c. ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, to City Council AMENDMENT NO. 1 Recommended adoption 13d. WAIVER OF CODE REQUIREMENT to City Council 13e. CONDITIONAL USE PERMIT NO. 3917 Approved Granted OWNER: ADVANCED GROUP 96-63, 22994 EI Toro Road, Lake Forest, CA 92630 AGENT: MICHAEL J. OGDEN, 2324 Caddie Court, Oceanside, CA 92056 LOCATION: 465 West Orangewood Avenue -Emerald Springs Apartments. Property is approximately 4.67 acres located on the north side of Orangewood Avenue, approximately 298 feet east of the centerline of Harbor Boulevard. Proposal to amend the Land Use Element of the General Plan to redesignate the subject property from the "Medium Density Residential° to the "Commercial Recreation° land use designation; and to reclassify the subject property from the RM-1200 (Residential, Multiple-Family) Zone to the SP92-2 (Anaheim Resort Specific Plan) Zone; and to permit the conversion of an existing 139-unit apartment complex to a 136-unit Vacation Ownership Resort with waiver of minimum structural setback and yard requirements adjacent to Orangewood Avenue and the side and rear property lines, permitted encroachments into required yard and setback areas, and minimum screening requirements adjacent to a residential zone. GENERAL PLAN AMENDMENT RESOLUTION NO. PC97S7 SPECIFIC PLAN AMENDMENT RESOLUTION NO. PC97S2 CONDITIONAL USE PERMIT RESOLUTION NO. PC97-53 SR6446KD.WP PLEASE NOTE: DUE TO PROBLEMS WITH THE RECORDING EQUIPMENT THE TAPE FOR THIS ITEM WAS NOT AUDIBLE AND THEREFORE THE FOLLOWING SUMMARY WAS COMPILED FROM STAFF NOTES: FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. 04-28-97 Page 44 OPPOSITION: None Applicant's Statement: Michael Ogden, Kunzman Associates, agent: The Emerald Springs Apartments at 465 West Orangewood Avenue is a 21-year old apartment complex. The proposal is to convert the existing Emerald Springs Apartments (139-unit complex) to the Dolphin Cove Resort (136-unit vacation resort) time share condominium. The proposed conversion to luxury vacation condominiums is compatible with surrounding land uses and will add desirable high quality vacation accommodations to coincide with the proposed expansion in the Anaheim Resort Area. Jim Watkins, Winners Circle Resorts International Inc., developer: Their company has been in the business for over 40 years and have other successful time share developments in Southern California (i.e. Carlsbad). The proposed resort will provide a spacious lobby, and 24 hour front desk service, with 24 hour security. The ownership resort will have an extensive program to enhance social interaction and full utilization of the area attractions and resort amenities to ensure a memorable vacation. Their goal is to invest $6 million to upgrade the existing aging facility for conversion to a luxury vacation ownership condominium resort. The $8 million investment will be utilized solely to enhance the existing facility and the perimeters of the property along Orangewood Avenue. The proposed improvements and conversion to luxury vacation ownership condominiums will enhance surrounding property values and provide significant benefits to the community including: increased property tax revenue to the City to over $400,000; an annual HOA contribution of approximately $82,000 per year; an estimated annual TOT revenue of approximately $38,000; and the architectural and landscaping enhancements of the older property which is located at the southern gateway to the Anaheim Disney Resort Area. PUBLIC HEARING WAS CLOSED Commissioner Messe: Asked if relocation costs are proposed by the petitioner. Karen Dudley: A "Tenant Relocation Plan" was submitted by the applicant. Said plan proposes to provide the following relocation costs to those tenants still occupying apartment unitd during the final conversion stage of development: {a) all utility disconnect and .reconnect charges, (b) all moving costs within a 100-mile radius, (c) return of all deposits, and (d) a two thousand dollar ($2,000) bonus. Chairman Messe: A condition should be added to stipulate thatthe petitioner will provide the relocation assistance as specified in the submitted project portfolio. Selma Mann: Requests that Condition No. 13 found on page 16 of the staff report be amended to include that the property owner shall execute and record an "unsubordinated" agreement. ACTION: Approved Mitigated Negative Declaration Recommended adoption of General Plan Amendment No. 344 to the City Council. Recommended adoption of Anaheim Resorl Specific Plan No. 92-2, Amendment No. 1 to the City Council. Approved Waiver of Code Requirement. Granted Conditional Use Permit No. 3917 with the following changes to conditions: 04-28-97 Page 45 Modified Condition No. 13 to read as follows: 13. That prior to the commencement of activity associated with the Conditional Use Permit, or prior to the issuance of the first building permit, or within a period of one (1) year from the date of this Resolution, whichever occurs first, the property owner shall execute and recorcj an unsubordinated agreement and covenant to the satisfaction of the City Attorney's Office which sets forth the method of ownership of the vacation ownership units to be established and' implemented for the vacation ownership resort project which guarantees that the City shall be entitled to collect Transient Occupancy Tax (T.O.T.) for all vacation ownership units as if they were hotel rooms. Added the following condition: That the property owner/developer shall provide relocation assistance as specified in the "Tenant Relocation Plan" submitted to the City of Anaheim and which plan is on file with the Planning Department marked Exhibit No. 8. By motion, requested that the City Council consider all of the above actions at the mandatory City Council public hearing necessitated by petitioner's request for the General Plan Amendment and Specific Plan Amendment. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney: Stated the 22-day appeal rights. DISCUSSIOM TIME: 9 minutes (6:09-6:18) 04-28-97 Page 46 MEETING ADJOURNED AT 6:20 P.M. TO MAY 12, 1997 AT 10:00 A.M. FOR A PRESENTATION REGARDING OVERCROWDING ISSUES BY BRUCE DUNAMS, ADMINISTRATIVE MANAGER COMMUNITY PRESERVATION DIVISION, CITY OF SANTA ANA. Respectfully submitted, ®,~e~ ,_/ Ossie Edmundson Senior Word Processing Operator 04-28-97 Page 47