Loading...
Minutes-PC 1997/10/27SUMMARY ACTION AGENDA ANAHEIM CITY F'LANNI G COMMISSION MEETING MONDAY, OCTOBER 27, 1997 11:00 A.M. STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES • CODE ENFORCEMENT UPDATE ON LA ESTRELLA RESTAURANT • PRELIMINARY PLAN REVIEW 1:30 P.M. PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES COMMISSIONER ABSENT: MAYER, PERA2A --- STAFF PRESENT: Selma Mann Cheryl Flores Karen Freeman Bruce Freeman Alfred Yalda Melanie Adams Margarita Solorio Ossie Edmundson Assistant City Attorney Senior Planner Associate Planner Code Enforcement Supervisor Principal Transportation Planner Associate Engineer Senior Secretary Secretary P:\DOCS\CLERICAL\MINUTES\AC102797. WP :ITEMS OF PUBLIC INTEREST: None REPORTS AND RECOMMENDATIONS A. a. CEQA EXEMPTION SECTION 15061(b-(3) Concurred w/staff b. CODE AMENDMENT NO. 97-12 -REQUEST TO AMEND Requested that TITLE 18 (ZONING) PERTAINING TO PERMITTED City Attorney's ACCESSORY USES AND STRUCTURES IN THE IN THE ML Office prepare a ZONE: Seaward Properties Ltd., Attn: Mark J. Hillgren, 923 draft ordinance N. Main St., Orange, CA 92667, requests to amend Anaheim Municipal Code Section 18.61.030.065, pertaining to accessory retail sales of tile, floor coverings, wall coverings and window coverings in the ML Zone. ACTION: Commissioner Henninger offered a motion., seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Mayer and Peraza absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Section 15061 (b) (3), as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioners Mayer and Peraza absent), that the Anaheim City Planning Commission does hereby request that the City Attorney's Office draft an ordinance to amend subsection .065 of Section 18.61.030, as follows: ".065 Retail sale of tile, floor coverings, wall coverings and window coverings where such sales are clearly incidental to the warehousing and/or wholesale distribution of said products, on those parcels having frontage on the following streets: a. The north and south sides of East Babbitt Avenue, with addresses limited to the 1500 through the 1700 blocks of East Babbitt Avenue; and b. the west side of State College Boulevard between Ball _ Road and Wright Circle; and c. the east side of State College Boulevard between Ball Road and the Atchison Topeka Santa Fe Railway Right- of-Way, said Right-of-Way being located approximately 900 feet north of the centerline of Katella Avenue. The number of off-street parking spaces shall be not less than the sum total of the requirements for each individual type of use; provided, however, that a variance may be processed pursuant to Chapter 18.06 of this Code "Vehicle Parking and Loading Requirements." S R6820KB. W P 10-27-97 Page 2 Cheryl Flores, Senior Planner: Stated this request was submitted by the petitioner for an item which will be heard later on the agenda (for a Tentative Parcel Map No. 88-286 with a Variance No. 4318). This is a request for a Code Amendment on State College to allow accessory retail sales of tile, floor coverings, wall coverings and window coverings. Currently, Code does allow these types of sales along State College Boulevard. The petitioner is asking to include Babbitt Avenue in with this definition to allow these types of sales. Currently there are four parcels on Babbitt. Two of them have frontages on State College, allowing most of the businesses on Babbitt Avenue to have these accessory sales. If these parcels are subdivided further it would not necessarily allow the other parcels to have these sales and that is the purpose of this Code Amendment. Cheryl Flores: Stated as far as the addresses in paragraph 4 on page 2 of the staff report there needs to be a correction of 1900 and 1700 tilocks of East Babbitt Avenue. Mark Hillgren, 923 N. Main Street, Orange, CA: Stated they are asking for an expansion of the zoned definition. Two buildings that do not currently have the zoning. B. a. CEQA MITIGATED NEG. DECLARATION (PREY.- Continued to APPROVED) 11-10-97 b. TENTATIVE TRACT MAP NO. 14130 -REQUEST FOR EXTENSION OF TIME c. CONDITIONAL USE PERMIT NO. 3301 -REQUEST FOR A RETROACTIVE EXTENSION OF TIME: Maryam Momeny, 22351 Amber Rose, Mission Viejo, CA 92692, request Tentative Tract Map No. 14130: aone-year extension of time to comply with conditions of approval (to establish an 18-lot single-family subdivision) and Conditional Use Permit No. 3301: aone-year retroactive extension of time to comply with conditions of approval (to construct 2 dwelling units within the Flood Plain OIL Zone to establish a 19-IoU18-unit RS-5000 single family residential subdivision with waivers of required lot frontage and minimum distance between units). These petitions were originally approved on August 21, 1990. Property is located at the northwest terminus of Garland Circle. SR6819MA.WP Selma Mann: Stated she thought there was a finding that must be made in Section 13-D regard to the property being maintained in a clear, safe and aesthetically pleasing condition - - with no unremediated Code violations. There is a memorandum from Code Enforcement and discussion that this has not been so maintained which means that this finding can not be made at this time. It may be more appropriate to continue this item until this matter can be remediated and returned at such a time that Commission can make that finding. Chairman Bostwick: Asked whether the Code allows Commission to extend this beyond two extension of time? 10-27-97 .Page 3 Selma Mann: Stated there .has been a change in the Code with regard to the extensions of time. Code now requires that those findings stated in Paragraph No. 13 of this item be made before Commission can grant an extension of time. One of those findings is Finding "D" -that the property has been maintained in a safe, clear and aesthetically pleasing condition. There is a memorandum on record that seems to directly contradict that finding. C. CONDITIONAL USE PERMIT NO. 2707 AND VARIANCE Terminated NO. 2007 -REQUEST FOR TERMINATION: Southern Counties Oil Company, 1825 W. Collins, P.O. Box 4159, Prange, CA 92867, requests termination of Conditional Use Permit No. 2707 (to permit an auto repair shop in an existing service station) and Variance No. 2007 (waivers of number of freestanding signs and location of freestanding signs to permit the construction of an identification sign). Property is ' located at 1431 North Raymond Avenue. TERMINATION RESOLUTION NO. PC97-147 SR1001JK.DOC D. a. CEQA NEG. DECLARATION (PREVIOUSLY-APPROVED) Continued to b. CONDITIONAL USE PERMIT NO. 3839 -REQUEST FORA 11-24-97 RETROACTIVE EXTENSION OF TIME: Knott Avenue Christian Church, 315 South Knott Street, Anaheim, CA 92804, requests a retroactive extension of time to comply with conditions of approval (to expand an existing church facility to include a 2-story administration, classroom, fellowship, hall, and gymnasium building with waivers of maximum building height and minimum number of parking spaces). This petition was originally approved on June 10, 1996. Property is located at 315 South Knott Street. SR6531 DS.DOC Selma Mann, Assistant City Attorney: Stated this is the same issue with regard to this item where Commission needs to make the finding that subject property has been maintained in a safe and aesthetically pleasing condition with no unremediated Code violations. Apparently - there is an unremediated Code violation on the property. This seeks to handle the matter by requiring that it be remediated within 30 days. They may wish to consider continuing this item for 30 days to ensure that it has been .remediated prior to granting the extension, if that is the direction the Commission is leading it. Chairman Bostwick: Asked if the property owner aware of this? 10-27-97 Page 4 Bruce Freeman, Code Enforcement Supervisor: Stated that Code Enforcement were just made aware of this condition :last Thursday. They are in the process of notifying the property owners of the previous item (Conditional Use Permit No. 2707 and Variance No. 2007) and one other. So they will be in the process within the next two days of having the owners notified. Cheryl Flores, Senior Planner: Stated these units consist of two modular trailer units that appear to be used for possibly a Sunday school purpose. The only way to get them permitted would be through a conditional use permit process. E. a. CEQA NEG. DECLARATION (PREVIOUSLY-APPROVED) b. CONDITIONAL USE PERMIT NO. 3841 -REQUEST FOR A RETROACTIVE EXTENSION OF TIME: Tarek Berri, 16102 Jennet St., Westminster, CA 92683, requests a retroactive extension of time for apreviously-approved gasoline service station and convenience market with sales of beer and wine for off-premises consumption with waivers of (a) minimum number of parking spaces, (b) minimum landscaping adjacent to interior property lines and (c) maximum number of signs. This petition was originally approved on August 20, 1996. Property is located at 2180 West Ball Road. S R6825MA. W P Continued to 11-10-97 F. CONDITIONAL USE PERMIT NO. 3906 -REQUEST FOR TERMINATION: Ciry-initiated (Community Development Department), 200 S. Anaheim Blvd., Anaheim, CA 92805, requests termination of Conditional Use Permit No. 3906 (to permit a 51-unit, 2-story affordable condominium complex). Property is located at 300, 304, 304%, 308, 308%, 312, 312%:, 314, 314%= and 320 North Olive Street; 300, 301, 306%x, 308, 309, 310, 311, 312, 312'/z, 315 and 317 North Sabina Street; 300, 305, 307, 312, 318, and 322 North Pauline Street; and 411, 415, 419, 421, 517, 521 and 527 East Cypress Street (Cypress Infill). TERMINATION RESOLUTION NO. PC97.148 Terminated SR6822KP.WP 10-27-97 Page 5 G. a. CEQA EXEMPTION SECTION 15061(b)(3) Concurred w/staff b. CODE AMENDMENT NO. 97-13 - REQUEST TO AMEND Recommended CHAPTER 18.05 (OUTDOOR ADVERTISING) OF TITLE 18 adoption of the draft (ZONING) PERTAINING TO MARQUEE AND ELECTRONIC ordinance to City READERBOARD SIGNING: Staff-initiated (Planning Council Department), request to amend Chapter 18.05 (outdoor advertising) of Title 18 (Zoning) of the Anaheim Municipal Code pertaining to marquee and electronic readerboard signage. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioners Mayer and Peraza absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Section 15061 (b) (3), as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. Commissioner Bristol offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioners Mayer and Peraza absent), that the Anaheim City Planning Commission does hereby recommend to the City Council the adoption of the draft ordinance attached the staff report dated October 27, 1997, amending Subsection .010 of Section 18.05.046 of Chapter 18.05 of the Anaheim Municipal Code pertaining to marquee and electronic readerboard sign provisions. SR6828KR.DOC Cheryl Flores, Senior Planner: Stated this is a Code Amendment to add church and schools to the list of uses that would be allowed to have marquee and electronic readerboard signs. They were inadvertently left out of the Code Amendment that was recently adopted for all signs throughout the City. 10-27-97 Page 6 PUBLIC HEARING ITEMS 2a. CEQA NEGATIVE DECLARATION I Continued to 2b. CONDITIONAL USE PERMIT NO. 3966 11-10-97 OWNER: Walter A. Friedman, 624 Barnsdale Street, Anaheim, CA 92804 AGENT: Mark Scheuerman, 105 South State College Boulevard, Anaheim, CA 92806 LOCATION: 105 South State College Boulevard - Insta-Tune and Lube. Property is 0.35 acre located at the southwest corner of State College Boulevard and Center Street. To permit a 1,266 square foot expansion of an existing 1,008 square foot lubrication, oil change and smog check and minor auto repair facility. Continued from the Commission meeting of September 29, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-149 RESCISSION RESOLUTION NO. PC97-150 SR6797KP. W P FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Walter Friedman, 624 South Barnsdale St., Anaheim, CA: Stated this petition is regarding 105 South State College Boulevard. His tenant, Mr. Scheuerman, who is present, reviewed the conditions that the various departments of the City have placed on them and have comments on the following conditions of the staff report: Page 6, Condition No. 7 -- The City's request that they eliminate the northerly driveway on State College Boulevard is not acceptable to himself nor his tenant. They feel with the expansion of the building, they are going to need a complete traffic flow both around the building and they are also going to need access to a larger site.. The intersection of State College Boulevard and Lincoln Avenue - By eliminating the northerly driveway, they are going to create an ingress and egress problem to the property because southbound traffic at State College Boulevard and Lincoln Avenue backs up and sometimes blocks the southerly driveway. They also feel that the northbound traffic would be impeded making a left turn into the property which is just east of the southerly property. In addition, they feel that both driveways on State College are necessary to have reasonable and free flowing traffic around the proposed improvement. 10-27-97 Page 7 2. Condition No. 8 -- They want to delay driveway reconstruction until such time that State College Boulevard is widened. Since the street will be widened sometime between 1998 and 2000. They feel that spending money to do expensive concrete work now is not economically feasible for such a short period of time. 3. Condition No. 9 -- Asked for more time to review Standard Plan Nos. 436 and 601/602. 4. Condition No, 11 --Atypical way of wording the prohibition of work outside of the building would be say that all work will be conducted within a building. A large portion of Mr: Scheuerman's business is performing smog checks which requires a vehicle to be running. To .require a running vehicle completely inside of a building is against OSHA requirements because an employee could be easily asphyxiated or carbon monoxide poisoning. Typically, the tail pipe of the car is outside of the building. Type of language that he has seen in the past is a requirement is placed on the tenant to have any vehicle within a building. Meaning if a tail pipe is outside it is acceptable. 5. Condition No. 15 -- The condition poses a problem for them. When State College Boulevard is widened they are only going to have 14 feet between the sidewalk on State College and the proposed improvement to the building. If they landscape that portion of the 10 foot wide planter they are going to eliminate the ability to drive around the front of the building. They feel that is an integral part of a successful business on this site, to be able to drive around to the various bays and to perform the automotive repair. They recommended installing a 4-foot planter abutting the new building and leave 10 feet for the driveway out front. 6. Condition No. 17 -- They wanted to request an expansion of hours: Monday through Saturday 8:00 a.m. to 6:00 p.m. and on Sunday 6:00 a.m. to 5:00 p.m. Page 7, Condition No. 19 -- They feel is cumbersome. If they put a masonry wall on the southerly property line and with the requested changes to the signage. They are going to block visibility of both this parcel coming north on State College and the adjacent parcel (a carpet store) coming south. His tenant proposed that the condition be replaced with putting a block wall on the westerly property line which divides the subject .parcel from an apartment building behind. They thought that improvement would be more in order. S. Condition Nos. 22 and 24 - In combination require virtual elimination of all signage on this parcel. All the wall signage and existing pole signage sometime in the future. So his tenant would have no identification on the building with the exception of an approved monument sign. A monument sign very low to the ground, not very visible to the public. There is an additional condition listed that any type of signage under Condition No. 22 would be subject to an additional approval by the Commission, which they feel is quite cumbersome. They would like to work with staff in coming up with some kind of sign plan now agreeable to everyone. His tenant did state that he would be willing to remove the pole sign but they wanted to address the fact that some kind of signage, in addition to the monument sign, be allowed to continue to be permitted. They are hoping that they can come up with a feasible plan. The plan and implementation of the plan, if approved, would be contingent and subject to its economic feasibility. It is a very expensive project for him as well as his tenants. Depending on the conditions imposed, they would only go forward with this if it was an economically feasible project. Mr. Thompson, 1660 N. Main Street, Orange, CA: Stated the reason they did not show any signage was that they did not get together with the property owner and the tenant to determine what kind of signage they wanted and where they wanted to put it. This is dependent on 10-27-97 Page 8 getting the plans of the size and shape of the buildings permitted or approved so they know how many square foot of signage they are allowed. A signage program should be separate, as a R&R. signage will be whatever the Code states and they can work that out with staff. One of the major problems is the building currently there is an old building (an old gas station). They want to increase the size of the covered area (the new smog analysis machines require to be under cover) expanding the physical size of the building. They are not expanding the usage of the property. They .need the driveway or access from north to south on the front. They have a limited amount of space. If is going to shrink the requirement for the landscaping and will eliminate any access other than foot traffic from north to south. They would rather get a modification on the landscaping, put it up against the building so that it is a mare attractive building and leave some tilack top out in front where they can drive the cars north and south. He recommended in the plans that are being prepared by Public Works for the widening of State College that some opportunity be granted to the people along the street as to the number and location of drive approaches. This is important because they are trying to run a business. He would like to meet with the :people doing the design work to come up with a plan that fits the buildings that are there. THE PUBLIC HEARINGS WAS CLOSED Commissioner Boydstun: Stated she felt their problem with Condition No. 19 could be eliminated, concerning the 6-foot high masonry wall on the south. There is a chain link fence there now and they would like it to be either removed or replaced with a brick fence, which they have agreed to do. Commissioner Henninger: Stated the testimony given is that the business is not being expanded but rather just putting things under cover that are now going on outdoors. They need to understand that the business that is going on outdoors is illegal by the Code. They may not be expanding the business but they are taking a business that is now being done illegally and making it legal. He asked staffs thoughts on the removal of the driveway near Center Street. Alfred Yalda, Principal Transportation Planner: Responded the existing side has a driveway on Center Street and also two driveways on State College Boulevard. It would not make a difference tc have one or two driveways on State College Boulevard because if the process of the critical intersection does not go through due to increase traffic on State College Boulevard they have to restripe that street. If there is a car going southbound and suddenly stops to make a right hand turn into the driveway, it creates a conflict with the cars that are on Center Street making a right turn going southbound because the driveway is almost right at the beginning of the curve. By removing that driveway not only is the situation improved but also the potential for accidents would be reduced. As far as removing the driveways,-they do not have to redo the driveways for a curb radius because that project is going to go through;, the City will do it for them during the time of the construction of the critical intersection. -- Commissioner Henninger: Asked Code Enforcement their thoughts on Condition No. 11 about the tail .pipe sticking out the back of the building. Bruce Freeman: Responded they have been working with Mr. Freidman and the owners of the operation since 1996 on this. They are currently in violation of the Code. The cars at the site are not pulled inside the bay from the front of the business. They are actually driven up to the front doors. The equipment itself sits inside the building, however, the cars are outside. The most :recent inspection was conducted Saturday and they have photographs to show the bay doors were actually closed. The issued is that the work be conducted inside the building. If a small portion of the vehicle protruded they would have not problem because the actual work is 10-27-97 Page 9 being conducted inside the building. That is not the case in this instance. All work is being done outside, including in the rear parking lot. Commissioner Henninger: Stated his personal experience with smog checks is that vehicles are typically pulled into a building that has bay doors and are opened. The back of the car is only a foot or two outside so there is adequate ventilation and it seems to him that the Condition that is being proposed would accommodate that. Bruce Freeman: Stated most businesses conduct business as Commissioner Henninger explained. The vehicles are entirely inside the building with no problems. This has not been an issue in the past nor has it been as issue with other smog businesses. Chairman Bostwick: Stated this sounds like a semantics problem: whether you do outdoor work or all work is inside of a building. Bruce Freeman: Stated probably 60% of their business is being conducted outside of the building itself. Whether it be in the east portion of the property or at the west portion of the property behind the building, that is where it is taking place. It is not taking place inside of the building. They believe if this item is approved that this will correct that problem. Commissioner Bristol: Asked for a clarification whether Code Enforcement felt that most of the work in and out of the building is going to be on the west and not visible to the east, to State College Boulevard? Bruce Freeman: Responded the way the building is constructed at this time and with future expansions it appears most operations will be conducted at the rear of the building. It would actual come in off of Center Street and go to the rear portion of the property and head into the building from the back side. Chairman Bostwick: Asked the applicant if most of the customers enter from Center Street or State College Boulevard? Mark Scheuerman, owner of the business., 17512 Norwood Park, Tustin, CA: Responded they enter off of both Center Street and State College Blvd equally. When the Code Enforcement Officer was taking photographs on Saturday it was very windy causing dust and debris to fly around that is why the doors were down. He stated 60% of the work is not done outside. What they do is head the car in from the front and from the back to do both oil changes and smog checks simultaneously.. Chairman Bostwick: Asked what changes are going to be made with the expansion? Mark Scheuerman: Responded the tail pipes should be outside the building contrary prior testimony. With the new addition, it will give them the capacity to put the cars completely inside. Chairman Bostwick: Asked if he had plans for ventilation in the building? Mark Scheuerman: Responded the tail pipe will be right at the door. The State requires that the new equipment be dynameters which require a lot of space. That is the primary reason for the expansion. Commission :Henninger: Stated on the other issue, we could probably do a good job of landscape screening with a 4-foot planter in front of the building. 10-27-97 Page 10 Commissioner Boydstun: There will be some landscaping in the City's portion. Mark Scheuerman: If they did take away the other driveway it would affect the accessibility. It is very important to the customers to be able to get in and out as fast as possible. Commissioner Henninger: Recommended the following change that Condition No. 7 be left as is. He asked if the removal of the driveway could await the critical intersection improvements? Alfred Yalda: Responded yes. Commissioner Henninger: Then suggested changing the condition regarding the critical intersection.. Melanie Adams: Asked if the timing that the applicant would be responsible for going to be changed? They are discussing a cost issue and if it were done now when it becomes time to do the widening the appraisal looks at it as a closed driveway already. Asked if it is the intent of Commission to require the applicant to close the driveway. Commissioner Henninger: Stated that is what the condition states, he just wanted to change the timing. What if the driveway was blocked rather than removed? Alfred Yalda: Responded they have done this in other areas. It could be done also. Commissioner Henninger: Asked how they block the driveway? Alfred Yalda: Responded at other site there was a corner lot and they put the landscaping and blocked it. Commissioner Henninger: Asked at this site how can they block this in a temporary way because ultimately this area would not have a planter? Alfred Yalda: Stated perhaps they could extend the planting all the way through so it gives an .appearance of a closed driveway. Commissioner Henninger: Stated he recommended changing Condition No. 7 to read, "existing northerly driveway along State College Boulevard near Center Street shall be blocked in a manner as approved by the City Traffic and Transportation Manager". Commissioner Henninger: Suggested Condition No. t3 to read that the driveway on Center Street. Cheryl Flores: Asked on Condition No. 7, would his intent be that there would be landscaping after the driveway is blocked? Commissioner Henninger: Responded no. Cheryl Flores: Stated it may be something to consider to refurbish the existing landscape planters that are there now. That is not currently a condition. Commissioner Henninger: Recommended changing Condition No. 15 to a 4-foot wide landscaped planter immediately in front of the building. On Condition No. 17, the hours to read Monday through Saturday 8:00 a.m. to 6:00 p.m. and Sunday 8:00 a.m. to 5:00 p.m. On Condition No. 19, he suggested striking out the words "south and". Condition No. 22 and 24 10-27-97 Page 11 return as an Reports and Recommendation Item Bruce Freeman: Stated on the property there is an existing billboard that also advertises "Insta-Tune" which the business located at the property. The Code stipulates that billboards are permitted, however, it is not permitted to advertise the use that is actually occurring on the property. Commissioner Henninger: Suggested adding a condition that states that the property owner will bring their signage 'in conformance with the City Code and add another condition that states that the applicant will refurbish the landscaping on the property. [Later in the meeting, Walter Friedman requested Item No. 2 be reopened in order to rescind the approvals and request a continuance. The following is a summary of that discussion.] Walter Friedman, 624 S. Barnsdale St., Anaheim, CA: Asked to rescind the approval on the Conditional Use Permit No. 3966 and asked for a continuance so he can discuss this in an ongoing manner with the Planning staff. There were a couple of items in speaking with the engineer and his tenant that they would like to discuss with staff and continue it to a later date. He feels some of the issues can be resolved. Selma Mann: Stated there is the possibility of appeal to the City Council. If there is a problem. Was there anyone present appearing on this item? Chairman Bostwick: Stated it was just the applicant, his tenant and engineer. Commissioner Bristol: Asked what they were going to ask? Walter Friedman: Responded there was some language and certain items on the conditions his tenant will not go forward with and he feels it is a project that is in the best interest of the City and himself. He does not feel it is the type of item that needs to go to appeal but rather go back to staff for more discussion. [The approval of the CEQA Negative Declaration and the Resolution granting Conditional Use permit No. 3967 were withdrawn. Item was them continued to November 10, 1997.] ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3966 with the following changes to conditions: Modified Condition Nos. 7, S, 15 and 17 to read as follows: That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent streets. That the existing northerly driveway on State College Boulevard near Center Street shall be blocked in a manner as approved by the City Traffic and Transportation Manager. 8. That the driveway on Center Street shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 10-27-97 Page 12 15. That within ninety (90) days of the completion of the Critical Intersection Improvements on State College Boulevard, the property owner shall construct a 4-foot wide landscaped and irrigated planter, immediately in front of the building. Landscape materials shall be subject to the review and approval of the Planning Commission as a Reports .and Recommendations item. 17. That the business shall operate as follows as stated by the petitioner: Type of Business: Lubrication, oil change, smog check and minor auto repair' Business Hours: Monday through Saturday 8 a:m. to 6 p.m. Sunday 8 a.m. to 5 p.m. Number of Employees: 4 employees 'Automobile body work, major transmission repair, major engine overhaul, and painting shall not be permitted. 19. That a six (6)-foot .high masonry block wall shall be constructed to replace the existing chain link fencing along the west property line, excepting the front setback where the wall height shall not exceed three (3) feet. The chain link fence along the south property line shall either be removed or replaced with a six (6)-foot high masonry block wall. The block wall shall be planted and maintained with clinging vines to eliminate graffiti opportunities. Added the following new conditions: That all signage shall be in conformance with Code requirements. That the existing landscaping on the property shall be refurbished. VOTE: 5-0 (Commissioners Mayer and Peraza absent) Selma Mann, Assistant City Attorney, :presented the 22-day appeal rights. DISCUSSION TIME: 30 minutes (1:50-2:20) TOWARDS THE END OF THE MEETING, THE APPLICANT RETURNED TO THE PODIUM AND REQUESTED THAT COMMISSION RESCIND THE APPROVAL AND CONTINUE THIS ITEM FOR 2 WEEKS IN ORDER TO MEET WITH STAFF AND DISCUSS SOME CONDITIONS. THE MOTION FOR APPROVAL OF THE CEQA NEGATIVE DECLARATION WAS WITHDRAWN. - THE RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 3967 WAS WITHDRAWN. VOTE: 5-0 (Commissioners Mayer and Peraza absent) 10-27-97 Page 13 3a. CEQA CATEGORICAL EXEMPTION-CLASS 3 3b. CONDITIONAL USE PERMIT NO. 3967 OWNER: Marilyn M. Seals, 2544 East Pearson Avenue, Fullerton, CA 92831 AGENT: William H. Seals, 215 19th Street, Newport Beach, CA 92663 LOCATION: 1181 South Belhaven Street. Property is 0.20 acre located on the west side of Belhaven Street, 250 feet north of the centerline of Ball Road. To retain a board and care (boardinghouse) facility for up to 15 residents. Continued from the Commission meetings of September 29, and October 13, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-151 Concurred w/staff Granted for 1 year (To expire 10-27-98) SR6792TW.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 7 people spoke in favor and correspondence was received in favor of the proposal. OPPOSITION: 3 people spoke in opposition [Item Nos. 3, 4 and 5 were heard together although Commission voted on each item separately.] Applicant's Statement: William Seals, 215 19th Street, Newport Beach, CA: Stated he is available to respond any questions. He stated Helen Gay was present along with several of her tenants. Vemetta Hulls, 2120 Almont Avenue, Apt. A, Anaheim, CA: Stated she has spoken at the last two Planning Commission meetings regarding her opposition along with 79 other tenants that signed a petition submitted on September 29, 1997 in opposition to Helen Gay's board and care facilitiesfor the mentally handicapped adults. If all of these conditional use permits being proposed are granted there will be 11 units out of 132 that will have mentally handicapped adults living in them. She feels that is too great of concentration for their neighborhood. She is in favor of a 24-hour on-site supervisor. These people are out walking around the neighborhood unsupervised and unattended. She has seen John Baker picking through the dumpster and she did not call the police but she will if it happens again. She saw a couple of them run through her apartment courtyard at 1:30 a.m. last week. She felt the people causing the problems are the people not present today. One of her neighbors who was unable to come was offered a bribe to speak on behalf of Helen Gay. She feels the density is too great for this number of bdard and care facilities for such a small area and requests that the conditional use permit be denied. 10-27-97 Page 14 George Banks, La Porto Street, Whittier, CA: Stated he is the owner of the property at 2132 A-D and also 2138 A-D Almont (across from 2133 Almont). His concern is the concentration, there is a total of 38 people. His understanding is that some of these people are rehabs from drug and alcohol facilities and he does not feel this is desirable since there are children in the area. He is definitely against this and there is a petition submitted stating the number of tenants against this petition. Chairman Bostwick: Asked what would be the difference if this were not a boarding facility and the units were instead rented out to of families or individuals and these people walked through the courtyards? George Banks: First of all, the gates are locked in the back. They are not allowed to lock the gates in the front due to fire restrictions. One tenant reported somebody looking through her window. He can not say if these are Helen Gay's people but he advised his tenants to call the police immediately should this occur again. Chairman Bostwick: His concern is that this may be directed toward a certain type of tenant. in a business of serving meals and calling it a boarding house does it make a difference to the neighborhood? George Banks: Responded no, except the type of people they get. a Commissioner Bristd: Ask~Mr. Banks, how many units he has on 2132? George Banks: Responded 2132 and 2138 are both afour-plex. John Lam, owner at 2009, 2127 and 2133 Almont: Stated he has not seen any trouble with these people. They are quiet and do not cause any problems. They usually go to sleep about 9:00 p.m. and never are out beyond that time. John Baker is a retiree from the Department of Immigration and collects the aluminum cans for extra money. He felt there was nothing wrong with that. These people do not cause any problems nor have they ever hurt the children. [Vernetta Hulls responded to Mr. Lam's testimony.] Vernetta Hulls: Stated an incident at 11:00 p.m. where one of Helen Gay's people (from 2145) (had a large hook that he uses to go through the dumpster) was swearing at one of Mr. Bank's tenants stating that he was going to kill the dogs if she did not get them out of the street. She told Ms. Hulls later that he intimidated her that she just went into the house and did not call the police. Some neighbors wanted to attend but were unable to present. He takes exception that these people do not bother anyone. She is the neighborhood block captain and she can not get crime statistics because the police department does not have the facilities to disseminate this information. Many people have called the police on various occasions involving the tenants of Helen Gay. When they call a police officer it could be anybody on duty at the time to come out and investigate these incidence`' She is fearful for all the children in the neighborhood. Applicant's Rebuttal: Williams Seals: Stated we are ali human beings. Some of us are different. tt is a matter of tolerance and learning to live together, dealing with the problems through a constant discourse. He is willing to sit down and deal with any problems the neighbors may have. He would not have pursued so diligently if he did not feel it was the right thing to do. He did not feel these people require supervision. They have gone through great lengths with the City, County, State and they have determined that these people do not need supervision. They are not children, they are adults. 10-27-97 Page 15 Vicky Duncan, 2145 Almont, Anaheim, CA: Stated she has been with Helen Gay for over 5 years and feels she should be able to continue to stay there. She is mentally ill but is stable. Miguel Romero: Stated he has lived with Helen Gay for 4 years and he suffers from schizophrenia but it is controlled. He would like to continue living with Helen Gay. { ct c, Y ~ Jennifer (no last name given), 209 E. Almont, Anaheim., CA: She has been with Helen Gay for ~i '' ~ approximately a year and she is mentally ill on medication. From what she has observed everyone is very quite and minds their own business. Helen Gay has been a good friend and very supportive to her. She took her in when she had no where to go due to her mental illness. She has been happy the past year and has been able to get her life together. She feels she should be allowed to stay with Helen Gay, who is doing a great service helping people. Renee Babock, 2120 E. Almont, Anaheim, CA: Stated she has lived there for 2 years. Normal people do not walk the streets 3:00 or 5:00 in the morning. Her boyfriend lives with her and he goes to work at 4:30 a.m. He sees them constantly out at odd hours of the morning. There is a tenant that lives in Mr. Bank's unit that works irregular hours and he stated to her that he sees them. Her major concern is how do they know whether any of Helen Gay's tenants are sex offenders or drug addicts living in the units. Jack Osborn: Stated he has lived with Helen Gay for approximately 1 year. Previously, he had an apartment but he had a nervous breakdown. He has taken medication for it but he had no other place to go. He feels these are allegations that are being fabricated. Michael Hurley, 2143 E. Almont, Anaheim, CA: Stated he has been with Helen Gay for 4%: years. He felt some of the testimony was not true. He says there are not many people that walk around at night because he is there all the time. There is nothing wrong with him. He pays rent and it has been a very good stay as long as he has been there. Robert A. Kenay, 1181 S. Belhaven, Anaheim, CA: Stated he has lived there for 6 years. He feels Helen Gay's place is a nice place to live. He feels there was testimony given that was not correct. Helen Gay, 513 S. Devon, Orange, CA: Stated she has been at Belhaven since 1990 with a board and care facility there, then she started moving some of the people across the street. She had a shelter at 1181 S. Belhaven. She never received any complaints from any of the neighbors until she took over some units on Almont, They have drug addicts living on Belhaven and Almont. Nothing is ever done about that but they are picking on her mentally ill people. She has 34 people, not the amount that they quoted. She would like to continue to keep her business there. THE PUBLIC HEARING WAS CLOSED. - Commissioner Henninger: Asked Helen Gay if she had read all the conditions of approval? Asked if she understood that what is being asked is that someone be available on a 24-hour basis. Helen Gay: Stated she has two cooks, a mother (Joyce Bennett) and daughter, 1181 Apt. C. If something comes up then they call Joyce. Commissioner Henninger: • Asked if there is someone on-site, 24 hours a day. Is there someone now that she feels would be a responsible person who would be a good supervisor? Helen Gay: Responded Joyce Bennett. She (Helen Gay) is there every day, 7 days a week checking on all of her clients. 10-27-97 Page 16 Commissioner Henninger: Stated the other condition is regarding the food preparation, that she not feed people in one unit. Helen Gay: At 1181 she has 11 people there. At 2133 she has a married couple and they maintain the kitchen at 1181. She asked if they would be allowed to eat there because they have to clean the kitchen. Commissioner Henninger: Stated that would be answer and shortly. What about the other units? Helen Gay: Stated she is hoping to be able to move people from 2145 to 2127 because they are going to be selling that building. There is a lady that will go there and cook then she will go down to cook at 2009. That only leaves her three people at 2133 to eat. Asked if they would be able to come down to 2009 and eat with the six clients? Commissioner Henninger: Ultimately, if all the CUP's are proposed for one year, does she feel that over the next year she could put people into fewer buildings since she has a number of buildings where she only has one unit per building? Helen Gay: Responded at 2133 she only has apartment A. At 2127 (where she wants to move 2145) she would have apartment A & D. So that would be 10 people thus far. Presently the landlords do not have any vacancies for her to rent. Commissioner Boydstun: Asked how many buildings is she actually in? Helen Gay: Responded she has 1181, 2145 Apt. A & C, 2133 Apt. A & D. She has four buildings but some of them she does not have the whole building. Commissioner Henninger: Asked he thought there were six buildings, who are in the other two buildings? Helen Gay: Stated she has 2009 Apt. A. William Seals: Stated the only building that she occupies totally is 1181. The rest of the buildings are partially occupied by other tenants who have lived with these people for a long time. Chairman Bostwick: Stated Commission is trying to establish is how Helen Gay can reduce this down to fewer buildings. William Steals: It becomes an economic concern. Commissioner Henninger: Stated he thought there were six buildings that were being discussed, William Seals: Responded no. There are a total of four buildings. Commissioner Henninger: Would that be five buildings? Helen Gay: Stated 2145 Almont. She is having to move them over to 2127. Commissioner Boydstun: Asked if that will mean they have the entire building at 21277 Helen Gay: Responded no. She will have apartment A and D only. 10-27-97 Page 17 Williams Seals: Stated the buildings are set up so that the front units are three bedroom, the back unit is a two bedroom and there are two one-bedroom units between. The two one-bedroom units do not make economic sense for Helen Gay to occupy so that is why she has is only renting the three bedrooms and the two bedrooms. That is why there are some buildings where there is only partial control of the building with the exception of 1181 Belhaven that she has the kitchen in the units as well as a living area and she has her cook that lives in the other one bedroom unit that cooks for rent as well as the on-site manager for 1181 Belhaven. Commissioner Boydstun: Asked, Cheryl Flores, didn't the map show six buildings? Cheryl Flores: Responded yes, the map does show six buildings (Attachment for Item No. 3). The first building listed on the right (1180 Belhaven) is an elderly care facility for six people which is not connected with Mrs. Gay. William Seals: Stated 1180 Belhaven is where Helen Gay was originally running a board and care facility that she had a conditional use permit before. Since then she has moved out of that building and across the street and gave up her license as a care giver. That permit is unused and should be terminated. The person who is currently operating that board and care facility for elderly people does not have a conditional use permit for those purposes and is not operating them in that particular unit. He is only operating it in the front three-bedroom unit which is not even part of that conditional use permit that Helen Gay had. Commissioner Henninger: Stated 1181 is all being occupied (4), one unit in 2009, one unit in 2133, 2 units in 2145 which she wants to transfer to 2127 (which would be two units). Commissioner Boydstun: Asked if she currently has anyone at 2127. Helen Gay: Responded no, she did not. Commissioner Boydstun: Asked whether there are eight units total? Helen Gay: Responded yes, 8 total. William Seals: Stated of the total 8 units, there are three separate locations. She is eliminating one location and moving it into another one. Commissioner Henninger: Asked if she was going to have three units at 2127? Helen Gay: Responded she would have two units at 2127 Apt. A and D. Commissioner Boydstun: She has one unit at 2133 and she is moving two units from 2145 to 2127, one unit at 2009 and all of 118E --- Helen Gay: Asked regarding the holidays many of her people go home but there are some that depend on her. She asked if she could continue preparing a large meal at 1181 for those who do not go home for Thanksgiving and Christmas Day so they could all be together. Commissioner Napoles: There is no problem with that. Commissioner Henninger: Stated, in general, people have a right to live in a residential environment and we need to respect that right. The numbers they are dealing with here in terms of board care facility use would be approximately 10% of the overall neighborhood. He did not have a protilem with that but he also could see the possibility that if there were too many boarding houses in the 10-27-97 Page 1 B ,~ neighborhood then the residential environment:' We have to be careful with the proportions. There has been testimony regarding a number of types of behavior occurring which seem to be police related problems and the appropriate avenue to correct those would be to call the police. Perhaps at the end of the year if there is a police problem then it will need to be re-evaluated. Commissioner Bristol: Stated this is a difficult decision. According to the testimony there have been people wandering that are different, wandering at odd hours of the night. We have to remember everyone has property rights as well as the residents and the applicant. The check and balance of this decision is the conditional use permit by limiting the time factor to evaluate the situation during the year. Commissioner Boydstun: Also agreed it is a very difficult decision. They need to keep an equal balance. If there were three or four more requests then she would probably reconsider because it would throw it out off balance. She feels that everyone has to be a little more open minded and work with each other. If there is a problem then she urged the residents to call the police. Karen Freeman: For the record, she indicated that when Item No. 3 came to staff originally, a determination for a Categorical Exemption-Class 3 was made. Subsequently, they saw the additional two requests reviewing the exemptions as categorical exemptions they did look at cumulative impacts potential. Therefore, the latter two were advertised as negative declarations. At this point Commission does have a choice for the latter two items whether or not they would like to look at them as negative declarations or categorical exemptions. Commissioner .Henninger: Could they look at Item No. 3 as Categorical Exemption? Karen Freeman: Responded yes. Commissioner Boydstun: Asked Ms. Gay, would she have any objection to having three Code Enforcement inspections, at her expense during the year? Each inspection is approximately $58 and that would be three times during the year. Helen Gay: Asked what would they be looking for? Commissioner Boydstun: To see that everything is as it should be with the conditional use permit and that the conditions were being complied with. Helen Gay: She thought so. Helen Gay: Stated the married couple at 2133 maintains the kitchen morning, noon and evening to help pay .for some of their rent. She asked that they be allowed to eat at 1181 South Belhaven? Commissioner Henninger: Asked about 20097 Helen Gay: Responded she has six females at apartment A and she would like to feed them at 2009 Commissioner Henninger: Asked about the people at 2133? Helen Gay: Said she has apartment A only. It is a three bedroom and she has five clients there, two of those people clean up the kitchen at 1181. That only leaves three clients left in there. She asked if they could go to 2009 to eat rather than have a cook go there to feed three people? Commissioner Boydstun: Asked if that meant Ms. Gay would operate two kitchens? Helen Gay: Responded yes. 10-27-97 Page 19 William Seal: Asked to address Condition No. 3 (of Conditional Use Permit No. 3967) regarding afive- car garage. There is a five-car garage on the property and he is currently storing of parts and plumbing fixtures for the units maintenance. There are two-car garages. One of them has freezers in it tp allow Helen Gay to keep food for her people. None of these people drive and so do not have cars. He asked if the requirement could be eliminated. Commissioner Boydstun: Ask what was in the other two-car garage? Williams Seal: Responded Helen has furniture stored there for the units. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. Granted Conditional Use Permit No. 3967 for 1 year with the following changes to conditions: Deleted Condition No. 3 Modified Condition Nos. 1, 10 and 14 to read as follows: 1. That all services provided by this facility, including preparation and service of meals shall be for residents and service staff of 1181 South Belhaven Street only, except for Thanksgiving and Christmas Day. 10. That the number of resident vehicles shall at no time exceed the number of covered garage spaces available, open and accessible. 14. That within thirty (30) days of the approval of this resolution, Condition Nos. 1, 2, 4, 5, 6, 7, S, 9, 12, 13 and 15, shall be complied with. Added the following condition of approval: That the property owner shall pay for the cost of three (3) randomly scheduled Code Enforcement inspections conducted throughout the one year period. VOTE: 5-0 (Commissioners Mayer and Peraza absent) Selma Mann, Assistant City Attorney., presented the 22-day appeal rights. DISCUSSION TIME: 58 minutes (2:20-3:18) 10-27-97 Page 20 4a. CEQA NEGATIVE DECLARATION 4b. CONDITIONAL USE PERMIT NO. 3972 OWNER: John Lim Jr. and Hun Han Lim, 2504 Oshkosh Ave., Anaheim, CA 92806 LOCATION: 2133 East Almont Avenue. Property is 0.20 acre located on the north side of Almont Avenue, 144 feet west of the centerline of Belhaven Street. To retain a board and care (boardinghouse) facility for up to 15 residents. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-152 Approved Granted for 1 year (To expire 10-27-98) SR6529DS.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 7 people spoke in favor and correspondence was received in favor of the proposal. OPPOSITION: 3 people spoke in opposition [Item Nos. 3, 4 and 5 were heard together although Commission voted on each item separately.] Applicant's Statement: William Seals, 215 19th Street, Newport Beach, CA: Stated he is available to respond any questions. He stated Helen Gay was present along with several of her tenants. Vernetta Hulls, 2120 Almont Avenue, Apt. A, Anaheim, CA: Stated she has spoken at the last two Planning Commission meetings .regarding her opposition along with 79 other tenants that signed a petition submitted on September 29, 1997 in opposition to Helen Gay's board and care facilities for the mentally handicapped adults. If all of these conditional use permits being proposed are granted there will be 11 units out of 132 that will have mentally .handicapped adults living in them. She feels that is too great of concentration for their neighborhood. She is in favor of a 24-hour on-site supervisor. These people are out walking around the neighborhood unsupervised and unattended. She has seen John Baker picking through the dumpster and she did not call the police but she will if it happens again. She saw a couple of them run through her apartment courtyard at 1:30 a.m. last week. She felt the people causing the problems are the people not present today. One of her neighbors who was unable to come was offered a bribe to speak on behalf of Helen Gay. She feels the density is too great for this number of board and care facilities for such a small area and requests that the conditional use permit be denied. George Banks, La Porta Street, Whittier, CA: Stated he is the owner of the property at 2132 A-D and also 2138 A-D Almont (across from 2133 Almont). His concern is the concentration, there is a total of 38 people. His understanding is that some of these people are rehabs from drug and alcohol facilities and he does not feel this is desirable since there are children in the area. He is definitely against this and there is a petition submitted stating the number of tenants against this petition. 10-27-97 Page 21 Chairman Bostwick: Asked what would be the difference if this were not a boarding facility and the units were instead rented out to of families or individuals and these people walked through the courtyards? George Banks: First of all, the gates are locked in the back. They are not allowed to lock the gates in the front due to fire restrictions. One tenant reported somebody looking through her window. He can not say if these are Helen Gay's people but he advised his tenants to call the police immediately should this occur again. Chairman Bostwick: His concern is that this may be directed toward a certain type of tenant: In a business of serving meals and calling it a boarding house does it make a difference to the neighborhood? George Banks: Responded AAno, except the type of people they get. Commissioner Bristol: Ask Mr. Banks, how many units he has on 2132? George Banks: Responded 2132 and 2138 are both afour-piex. John Lam, owner at 2009, 2127 and 2133 Almont: Stated he has not seen any trouble with these people. They are quiet and do not cause any problems. They usually go to sleep about 9:00 p.m. and never are out beyond that time. John Baker is a retiree from the Department of Immigration and collects the aluminum cans for extra money. He felt there was nothing wrong with that. These people do not cause any problems nor have they ever hurt the children. [Vernetta Hulls responded Mr. Lam's testimony.] Vernetta Hulls: Stated an incident at 11:00 p.m. where one of Helen Gay's people (from 2145) (had a large hook that he uses to go through the dumpster) was swearing at one of Mr. Bank's tenants stating that he was going to kill the dogs if she did not get them out of the street. She told Ms. Hulls later that he intimidated .her that she just went into the house and did not call the police. Some neighbors wanted to attend but were unable to present. He takes exception that these people do not bother anyone. She is the neighborhood block captain and she can not get crime statistics because the police department does not have the facilities to disseminate this information. Many people have called the police on various occasions involving the tenants of Helen Gay. When they call a police officer it could be anybody on duty at the time to come out and investigate these incidences She is fearful for all the children in the neighborhood. Applicant's Rebuttal: Williams Seals: Stated we are all human beings. Some of us are different. It is a matter of tolerance and teaming to live together, dealing with the problems through a constant discourse. He is willing to sit down and deal with any problems the neighbors may have. He would not have pursued so_ __ diligently if he did not feel it was the right thing to do. He did not feel these people require supervision. They have gone through great lengths with the City, County, State and they have determined that these people do not need supervision. They are not children, they are adults. Vicky Duncan, 2145 Almont, Anaheim, CA: Stated she has been with Helen Gay for over 5 years and feels she should be able to continue to stay there. She is mentally ill but is stable. Miguel Romero: Stated he has lived with Helen Gay for 4 years and he suffers from schizophrenia but it is controlled. He would like to continue living with Helen Gay. ~[ t~ti,' ti ~%j Jennifer (no last name given), 209 E. Almont, Anaheim, CA: She has been with Helen Gay for approximately a year and she is mentally ill on medication. From what she has observed everyone is 10-27-97 Page 22 very quite and minds their own business. Helen Gay has been a good friend and very supportive to her. She took her in when she had no where to go due to her mental illness. She has been happy the past year and has been able to get her life together. She feels she should be allowed to stay with Helen Gay, who is doing a great service helping people. Renee Babock, 2120 E. Almont, Anaheim, CA: Stated she has lived there for 2 years. Normal people do not walk the streets 3:00 or 5:00 in the morning. Her boyfriend lives with her and he goes to work at 4:30 a.m. He sees them constantly out at odd hours of the morning. There is a tenant that lives in Mr. Bank's unit that works irregular hours and he stated to her that he sees them. Her major concern is how do they know whether any of Helen Gay's tenants are sex offenders or drug addicts living in the units, Jack Osborn: Stated he has lived with Helen Gay for approximately 1 year. Previously, he had an apartment but he had a nervous breakdown. He has taken medication for it but he had no other place to go. He feels these are allegations that are being fabricated. Michael Hurley, 2143 E. Almont: Stated he has been with Helen Gay for 4%: years. He felt some of the testimony was not true. He says there are not many people that walk around at night because he is there all the time. There is nothing wrong with him. He pays rent .and it has been a very good stay as long as he has been there. Robert A. Kenay, 1181 S. Belhaven, Anaheim, CA: Stated he has lived there for 6 years. He feels Helen Gay's place is a nice place to live. He feels there was testimony given that was not correct. Helen Gay, 513 S. Devon, Orange, CA: Stated she has been at Belhaven since 1990 with a board and care facility there, then she started moving some of the people across the street. She had a shelter at 1181 S. Belhaven. She never received any complaints from any of the neighbors until she took over some units on Almont. They have drug addicts living on Belhaven and Almont. Nothing is ever done about that but they are picking on her mentally li people. She has 34 people, not the amount that they quoted. She would like to continue to keep her business there. THE PUBLIC HEARING WAS CLOSED. Commissioner Henninger: Asked Helen Gay if she had read all the conditions of approval? Asked if she understood that what is being asked is that someone be available on a 24-hour basis. Helen Gay: Stated she has two cooks, a mother (Joyce Bennett) and daughter, 1181 Apt. C. If something comes up then they call Joyce. Commissioner Henninger: Asked if there is someone on-site, 24 hours a day. Is there someone now that she feels would be a responsible :person who would be a good supervisor? Helen Gay: Responded Joyce Bennett. She (Helen Gay) is there every day, 7 days a week checking on all of her clients. Commissioner Henninger: Stated the other condition is regarding the food preparation, that she not feed people in one unit. Helen Gay: At 1181 she has 11 people there. At 2133 she has a married couple and they maintain the kitchen at 1181. She asked if they would be allowed to eat there because they have to clean the kitchen. Commissioner Henninger: Stated that would be answer and shortly. What about the other units? 10-27-97 Page 23 Helen Gay: Stated she is hoping to be able to move people from 2145 to 2127 because they are going to be selling that building. There is a lady that will go there and cook then she will go down to cook at 2009. That only leaves her three people at 2133 to eat. Asked if they would be able to come down to 2009 and eat with the six clients? Commissioner Henninger: Ultimately, if all the CUP's are proposed for one year, does she feel that over the next year she could put people into fewer buildings since she has a number of buildings where she only has one unit per building? Helen Gay: Responded at 2133 she only has apartment A. At 2127 (where she wants to move 2145) she would have apartment A & D. So that would be 10 people thus far. Presently the landlords do not have any vacancies for her to rent. Commissioner Boydstun: Asked .how many buildings is she actually in? Helen Gay: Responded she has 1181, 2145 Apt. A & C, 2133 Apt. A & D. She has four buildings :but some of them she does not have the whole building. Commissioner Henninger: Asked he thought there were six buildings, who are in the other two buildings? Helen Gay: Stated she has 2009 Apt. A. William Seals: Stated the only building that she occupies totally is 1181. The rest of the buildings are partially occupied by other tenants who have lived with these people for a long time. Chairman Bostwick: Stated Commission is trying to establish is how Helen Gay can reduce this down to fewer buildings. William Seals: It becomes an economic concern. Commissioner Henninger: Stated he thought there were six buildings that were being discussed. William Seals: Responded no. There are a total of four buildings. Commissioner Henninger: Would that be five buildings? Helen Gay: Stated 2145 Almont, She is having to move them over to 2127. Commissioner Boydstun: Asked if that will mean they have the entire building at 2127? . _ Helen Gay: Responded no. She will have apartment A and D only. __ Williams Seals: Stated the buildings are set up so that the front units are three bedroom, the back unit is a two bedroom and there are two one-bedroom units between. The two one-bedroom units do not make economic sense for Helen Gay to occupy so that is why she has is only renting the three bedrooms .and the two bedrooms. That is why there are some buildings where there is only partial control of the building with the exception of 1181 Belhaven that she has the kitchen in the units as well as a living area and she has her cook that lives in the other one bedroom unit that cooks for rent as well as the on-site manager for 1181 Belhaven. Commissioner Boydstun: Asked, Cheryl Flores, didn't the map show six buildings? 10-27-97 Page 24 Cheryl Flores: Responded yes, the map does show six buildings (Attachment for Item No. 3). The first building listed on the right (1180 Belhaven) is an elderly care facility for six people which is not connected with Mrs. Gay. William Seals: Stated 1180 Belhaven is where Helen Gay was originally running a board and care facility that she had a conditional use permit before. Since then she has moved out of that building and across the street and gave up her license as a care giver. That permit is unused and should be terminated. The person who is currently operating that board and care facility for elderly people does not have a conditional use permit for those purposes and is not operating them in that particular unit. He is only operating it in the front three-bedroom unit which is not even part of that conditional use permit that Helen Gay had. Commissioner Henninger: Stated 1181 is all being occupied (4), one unit in 2009, one unit in 2133, 2 units in 2145 which she wants to transfer to 2127 (which would be two units). Commissioner Boydstun: Asked if she currently has anyone at 2127. Helen Gay: Responded no, she did not. Commissioner Boydstun: Asked whether there are eight units total? Helen Gay: Responded yes, 8 total. William Seals: Stated of the total 8 units, there are three separate locations. She is eliminating one location and moving it into another one. Commissioner Henninger: Asked if she was going to have three units at 21277 Helen Gay: Responded she would have two units at 2127 Apt. A and D. Commissioner Boydstun: She has one unit at 2133 and she is moving two units from 2145 to 2127, one unit at 2009 and all of 1181. Helen Gay: Asked regarding the holidays many of her people go home but there .are some that depend on her. She asked if she could continue preparing a large meal at 1181 for those who do not go home for Thanksgiving and Christmas Day so they could all be together. Commissioner Napoles: There is no protilem with that. Commissioner Henninger: Stated, in general, people have a .right tp live in a residential environment and we need to respect that right. The numbers they are dealing with here in terms of board care facility use would be approximately 10% of the overall neighborhood. He did not have a problem with that but he also could see the possibility that if there were too many boarding houses in the neighborhood then the residential environmenC-~We have to be careful with the proportions. There has been testimony regarding a .number of types of behavior occurring which seem to be police related problems and the appropriate avenue to correct those would be to call the police. Perhaps at the end of the year if there is a police problem then it will need to be re-evaluated. Commissioner Bristol: Stated this is a difficult decision. According to the testimony there have been people wandering that are different, wandering at odd .hours of the night. We have to remember everyone has property rights as well as the residents and the applicant. The check and balance of this decision is the conditional use permit by limiting the time factor to evaluate the situation during the year. TO-27-97 Page 25 Commissioner Boydstun: Also agreed it is a very difficult decision. They need to keep an equal balance. If there were three or four more requests then she would probably reconsider because it would throw it out off balance. She feels that everyone has to be a little more open minded and work with each other. If there is a problem then she urged the residents to call the police. Karen Freeman: For the record, she indicated that when Item No. 3 came to staff originally, a determination for a Categorical Exemption-Class 3 was made. Subsequently, they saw the additional two requests reviewing the exemptions as categorical exemptions they did look at cumulative impacts potential. Therefore, the latter two were advertised as negative declarations. At this point Commission does have a choice for the latter two items whether or not they would like to look at them as negative declarations or categorical exemptions. Commissioner Henninger: Could they look at Item No. 3 as Categorical Exemption? Karen Freeman: Responded yes. Commissioner Boydstun: Asked Ms. Gay, would she have any objection to having three Code Enforcement inspections, ak her expense during the year? .Each inspection is approximately $58 and that would be three times during the year. Helen Gay: Asked what would they be looking for? Commissioner Boydstun: To see that everything is as it should be with the conditional use permit and that the conditions were being complied with. Helen Gay: She thought so. Helen Gay: Stated the married couple at 2133 maintains the kitchen morning, noon and evening to help pay for some of their rent. She asked that they be allowed to eat at 1181 South Belhaven? Commissioner Henninger: Asked about 2009? Helen Gay: Responded she has six females at apartment A and she would like to feed them at 2009. Commissioner Henninger: Asked about the people at 21337 Helen Gay: Said she has apartment A only. It is a three bedroom and she has five clients there, two of those people clean up the kitchen at 1181. That only leaves three clients left in there. She asked if they could go to 2009 to eat rather than have a cook go there to feed three people? Commissioner .Boydstun: Asked if that meant Ms. Gay would operate two kitchens? Helen Gay: Responded yes. William Seal: Asked to address Condition No. 3 (of Conditional Use Permit No. 3967) regarding afive- car garage. There is a five-car garage on the property and he is currently storing of parts and plumbing fixtures for the units maintenance.. There are two-car garages. One of them has freezers in it to allow Helen Gay to keep food for her people. None of these people drive .and so do not have cars. He asked if the requirement could be eliminated. Commissioner Boydstun: Ask what was in the other two-car garage? Williams Seal: Responded Helen has furniture stored there for the units. 10-27-97 Page 26 ACTIOfd: Approved the Negative Declaration Granted Conditional Use Permit tJo. 3972 for 1 year with the following changes to conditions: Deleted Condition No. 4. Modified Condition Nos. 1, 5, 10 and 12 to read as follows: 1. That there shall be no food service at this location (2133 East Almont Avenue). Four (4) of the people residing at this facility shall receive their meals of 2009 East Almont Avenue, and two (2) of the people (kitchen staff at 1181 South Belhaven Street) shall receive their meals at 1181 South Belhaven Street. 5. That petitioner shall provide a 24-hour per day, on-site manager at 1181 S. Belhaven Street who will be responsible for responding to any neighbors concerns regarding the facility. The name and phone number of the manager shall be submitted, to be kept on file by the Code Enforcement Division, within thirty (30) days of approval of this conditional use permit. 10. That the number of resident vehicles shall at no time exceed the number of covered garage spaces available, open and accessible. 12. That within thirty (30) days of the approval of this resolution, Condition Nos. 1, 2, 3, 5, 6, 7, 8, 9, and 13 shall be complied with. VOTE: 5-0 (Commissioners Mayer and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.. .DISCUSSION TIME: 58 :minutes (2:20-3:18) 10-27-97 Page 27 Sa. CEQA NEGATIVE DECLARATION Sb. CONDITIONAL USE PERMIT NO. 3973 OWNER: John Lim Jr. and Hun Han Lim, 2504 Oshkosh Ave., Anaheim, Ca 92806 LOCATION: 2009 East Almont Avenue. Property is 0.20 acre located on the north side of Almont Avenue, 133 feet east of the centerline of State College Boulevard. To retain a board and care (boardinghouse) facility for up to 15 residents. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-153 Approved Granted for 1 year (To expire 10-28-98) SR6530DS.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 7 people spoke in favor and correspondence was received in favor of the proposal. OPPOSITION: 3 people spoke in opposition [Item Nos. 3, 4 and 5 were heard together although Commission voted on each item separately.] Applicant's Statement: William Seals, 215 19th Street, Newport Beach, CA: Stated he is available to respond any questions. He stated Helen Gay was present along with several of her tenants. Vernetta Hulls, 2120 Almont Avenue, Apt. A, Anaheim, GA: Stated she has spoken at the last two Planning Commission meetings regarding her opposition along with 79 other tenants that signed a petition submitted on September 29, 1997 in opposition to Helen Gay's board and care facilities for the mentally handicapped adults. If all of these conditional use permits being proposed are granted there will be 11_units out of 132 that will have mentally handicapped adults living in them. She feels that is too great pf concentration for their neighborhood. She is in favor of a 24-hour on-site supervisor. These people are out walking around the neighborhood unsupervised and unattended. She has-seen John Baker picking through the dumpster and she did not call the police but she will if it happens again. She saw a couple of them run through her apartment courtyard at 1:30 a.m. last week. She felt the people causing the problems are the people not present today. One of her neighbors who was unable to come was offered a bribe to speak on behalf of Helen Gay. She feels the density is too great for this number of board and care facilities for such a small area and requests that the conditional use permit be denied. George Banks, La Porta Street, Whittier, CA: Stated he is the owner of the property at 2132 A-D and also 2138 A-D Almont (across from 2133 Almont). His concern is the concentration, there is a total of 38 people. His understanding is that some of these people are rehabs from drug and alcohol facilities and he does not feel this is desirable since there are children in the area. He is definitely against this 10-27-97 Page 28 and there is a .petition submitted stating the number of tenants against this petition Chairman Bostwick: Asked what would be the difference if this were not a boarding facility and the units were instead rented out to of families or individuals and these people walked through the courtyards? George Banks: First of all, the gates are locked in the back. They are not allowed to lock the gates in the front due to fire restrictions. One tenant reported somebody looking through her window. He can not say if these are Helen Gay's people but he advised his tenants to call the police immediately should this occur again. Chairman Bostwick: His concern is that this may be directed toward a certain type of tenant. In a business of serving meals and calling it a boarding house does it make a difference to the neighborhood? George Banks: Responded no, except the type of people they get. 0 i3 , Commissioner Bristol: Ask; ~ir. Banks, how many units he has on 2132? George Banks: Responded 2132 and 2138 are both afour-plex. John Lam, owner at 2009, 2127 and 2133 Almont: Stated he has not seen any trouble with these people. They are quiet and do not cause any problems. They usually go to sleep about 9:00 p.m. and never are out beyond that time. John .Baker is a retiree from the Department of Immigration and collects the aluminum cans for extra money. He felt there was nothing wrong with that. These people do not cause any problems nor have they ever hurt the children. [Vernetta Hulls :responded to Mr. Lam's testimony.] Vemetta Hulls: Stated an incident at 11:00 p.m. where one of Helen Gay's people (from 2145) (had a large hook that he uses to go through the dumpster) was swearing at one of Mr. Bank's tenants stating that he was going to kill the dogs if she did not get them out of the street. She told Ms. Hulls later that he intimidated her that she just went into the house and did not call the police. Some neighbors wanted to attend but were unable to present. He takes exception that these people do not bother anyone. She is the neighborhood block captain and she can not get crime statistics because the police department does not have the facilities to disseminate this :information. Many people have called the police on various occasions involving the tenants of Helen Gay. When they call a police officer it could be anybody on duty at the time to come out and investigate these incidence She is fearful for all the children in the neighborhood. jF,.c~.?=.,.~" Applicant's Rebuttal: Williams Seals: Stated we are all human beings. Some of us are different. It is a matter of tolerance and learning to live together, dealing with the problems through a constant discourse. He is willing to sit down and deal with any problems the neighbors may have. He would not have pursued so diligently if he did not feel It was the right thing to do. He did not feel these people require supervision. They have gone through great lengths with the City, County, State and they have determined that these people do not need supervision. They are not children, they are adults. Vicky Duncan, 2145 Almont, Anaheim, CA: Stated she has been with Helen Gay for over 5 years and feels she should be able to continue to stay there. She is mentally ill but is stable. Miguel Romero: Stated he .has lived with Helen Gay for 4 years and he suffers from schizophrenia but 10-27-97 Page 29 it is controlled. He would like to continue living with Helen Gay. ~I.Lb - i ~~ ~ ~ ~~'~ Jennifer (no last name given),~09iE. Almont, Anaheim, CA: She has been with Helen Gay for approximately a year and she is mentally ill on medication. From what she has observed everyone is very quite and minds their own business. Helen Gay has been a good friend and very supportive to her. She took her in when she had no where to go due to her mental illness, She has been happy the past year and has been able to get her life together. She feels she should be allowed to stay with Helen Gay, who is doing a great service helping people. Renee Babock, 2120 E. Almont, Anaheim, CA: Stated she has lived there for 2 years. Normal people do not walk the streets 3:00 or 5:00 in the morning. Her boyfriend lives with her and he goes to work at 4:30 a.m. He sees them constantly out at odd hours of the morning. There is a tenant that lives in Mr. Bank's unit that works irregular hours and he stated to her that he sees them. Her major concern is how do they know whether any of Helen Gay's tenants are sex offenders or drug addicts living in the units. Jack Osborn: Stated he has lived with Helen Gay for approximately 1 year. Previously, he had an apartment but he had a nervous breakdown. He has taken medication for it but he had no other place to go. He feels these are allegations that are being fabricated. Michael Hurley, 2143 E. Almont: Stated he has been with Helen Gay for 4Yz years. He felt some of the testimony was not true. He says there are not many :people that walk around at night because he is there all the time. There is nothing wrong with him. He pays rent and it has been a very good stay as long as he has been there. Robert A. Kenay, 1181 S. Belhaven, Anaheim, CA: Stated he has lived there for 6 years. He feels Helen Gay's place is a nice place to live. He feels there was testimony given that was not correct. Helen Gay, 513 S. Devon, Orange, CA: Stated she has been at Belhaven since 1990 with a board and care facility there, then she started moving some of the people across the street, She had a shelter at 1181 S. Belhaven. She never received any complaints from any of the neighbors until she took over some units on Almont. They have drug addicts living on Belhaven and Almont. Nothing is ever done about that but they are picking on her mentally ill people. She has 34 .people, not the amount that they quoted. She would like to continue to keep her business there. THI_ PUBLIC HEARING WAS CLOSED. Commissioner Henninger: Asked Helen Gay if she had read all the conditions of approval? Asked if she understood that what is being asked is that someone be available on a 24-hour basis. Helen Gay: Stated she has two cooks, a mother (Joyce Bennett) and daughter, 1181 Apt. C. If something comes up then they call Joyce. -- Commissioner Henninger: Asked if there is someone on-site, 24 hours a day. Is there someone now that she feels would be a responsible person who would be a good supervisor? Helen Gay: Responded Joyce Bennett. She (Helen Gay) is there every day, 7 days a week checking on all of her clients. Commissioner Henninger: Stated the other condition is regarding the food preparation, that she not feed people in one unit. Helen Gay: At 1181 she .has 11 people there. At 2133 she has a married couple and they maintain 10-27-97 Page 30 the kitchen at 1181. She asked if they would be allowed to eat there because they have to clean the kitchen. Commissioner Henninger: Stated that would be answer and shortly. What about the other units? Helen Gay: Stated she is hoping to be able to move people from 2145 to 2127 :because they are going to be selling that building. There is a lady that will go there and cook then she will go down to cook at 2009. That only leaves her three people at 2133 to eat. Asked if they would be .able to come down to 2009 and eat with the six clients? Commissioner Henninger: Ultimately, if all the CUP's are proposed for one year, does she feel that over the next year she could put people into fewer buildings since she has a number of buildings where she only has one unit per building? Helen Gay: Responded at 2133 she only has apartment A. At 2127 (where she wants to move 2145) she would have apartment A & D. So that would be 10 people thus far. Presently the landlords do not have any vacancies for her to rent. Commissioner Boydstun: Asked how many buildings is she actually in? Helen Gay: Responded she has 1181, 2145 Apt. A & C, 2133 Apt. A & D. She has four buildings but some of them she does not have the whole building. Commissioner Henninger: Asked he thought there were six buildings, who are in the other two buildings? Helen Gay: Stated she has 2009 Apt. A. William Seals: Stated the only building that she occupies totally is 1181. The rest of the buildings are partially occupied by other tenants who have lived with these people for a long time. Chairman Bostwick: Stated Commission is trying to establish is how Helen Gay can reduce this down to fewer buildings. William Seals: It becomes an economic concern. Commissioner Henninger: Stated he thought there were six buildings that were being discussed. William Seals: Responded no. There are a total of four buildings. - Commissioner Henninger: Would that be five buildings? -- Helen Gay: Stated 2145 Almont. She is having to move them over to 2127.. Commissioner Boydstun: Asked if that will mean they have the entire building at 2127? Helen Gay: Responded no. She will have apartment A and D only. Williams Seals: Stated the buildings are set up so that the front units are three bedroom, the :back unit is a two bedroom and there are two one-bedroom units between. The two one-bedroom units do not make economic sense for Helen Gay to occupy so that is why she has is only renting the three bedrooms and the two bedrooms. That is why there are some buildings where there is only partial 10-27-97 Page 31 control of the building with the exception of 1181 Belhaven that she has the kitchen in the units as well as a living area and she has her cook that lives in the other one bedroom unit that cooks for rent as well as the on-site manager for 1181 Belhaven. Commissioner Boydstun: Asked, Cheryl Flores, didn't the map show six buildings? Cheryl Flores: Responded yes, the map does show six buildings (Attachment for Item No. 3). The first building listed on the right (1180 S. Belhaven) is an elderly care facility for six people which is not connected with Mrs. Gay. William Seals: Stated 1180 Belhaven is where Helen Gay was originally running a board and care facility that she had a conditional use permit before. Since then she has moved out of that building and across the street and gave up her license as a care giver. That permit is unused and should be terminated. The person who is currently operating that board and care facility for elderly people does not have a conditional use permit for those purposes .and is not operating them in that particular unit. He is only operating it in the front three-bedroom unit which is not even part of that conditional use permit that Helen Gay had, Commissioner Henninger: Stated 1181 is all being occupied (4), one unit in 2009, one unit in 2133, 2 units in 2145 which she wants to transfer to 2127 (which would be two units). Commissioner Boydstun: Asked if she currently has anyone at 2127. Helen Gay: Responded no, she did not. Commissioner Boydstun: Asked whether there are eight units total? Helen Gay: Responded yes, 8 total. William Seals: Stated of the total 8 units, there are three separate locations. She is eliminating one location and moving it into another one. Commissioner Henninger: Asked if she was going to have three units at 2127? Helen Gay: Responded she would have two units at 2127 Apt. A and D. Commissioner Boydstun: She has one unit at 2133 and she is moving two units from 2145 to 2127, one unit at 2009 and all of 1181. Helen Gay: Asked regarding the holidays many of her people go home but there are some that depend on .her, She asked if she could continue preparing a large meal at 1181 for those who do not go home for Thanksgiving and Christmas (twice yearly) so they could all be together. --- Commissioner Napoles: There is no problem with that. Commissioner Henninger: Stated, in general, people have a right to live in a residential environment and we need to respect that right. The numbers they are dealing with here in terms of board care facility use would be approximately 10% of the overall neighborhood. He did not have a problem with that but he also could see the possibility that ifs here were too many boarding houses in the neighborhood then the residential environment~We have to be careful with the proportions. There has been testimony regarding a number of types of behavior occurring which seem to be police related problems and the appropriate avenue to correct those would be to call the police. Perhaps at the end of the year if there is a .police problem then it will need to be re-evaluated. 10-27-97 Page 32 Commissioner Bristol: Stated this is a difficult decision. According to the testimony there have been people wandering that are different, wandering at odd hours of the night. We have to remember everyone has property rights as well as the residents and the applicant. The check and balance of this decision is the conditional use permit by limiting the time factor to evaluate the situation during the year. Commissioner Boydstun: Also agreed it is a very difficult decision. They need to keep an equal balance. If there were three or four more requests then she would probably reconsider because it would throw it out off balance. She feels that everyone has to be a little more open minded and work with each other. If there is a problem then she urged the residents to call the police. Karen Freeman: For the record, she indicated that when Item No. 3 came to staff originally, a determination for a Categorical Exemption-Class 3 was made. Subsequently, they saw the additional two requests reviewing the exemptions as categorical exemptions they did look at cumulative impacts potential. Therefore, the latter two were advertised as negative declarations. At this point Commission does have a choice for the latter two items whether or not they would like to look at them as negative declarations or categorical exemptions. Commissioner Henninger: Could they look at Item No. 3 as Categorical Exemption? Karen Freeman: Responded yes. Commissioner Boydstun: Asked Ms. Gay, would she have any objection to having three Code Enforcement inspections, at her expense during the year? Each inspection is approximately $58 and that would be three times during the year. Helen Gay: Asked what would they be looking for? Commissioner Boydstun: To see that everything is as it should be with the conditional use permit and that the conditions were being complied with. Helen Gay: She thought so. Helen Gay: Stated the married couple at 2133 maintains the kitchen morning, noon and evening to help pay for some of their rent. She asked that they be allowed to eat at 1181 South Belhaven? Commissioner Henninger: Asked about 2009? Helen Gay: Responded she .has six females at apartment A and she would like to feed them at 2009. Commissioner Henninger:. Asked about the people at 2133? Helen Gay: Said she has apartment A only. It is a three bedroom and she has five clients there, two of those people clean up the kitchen at 1181. That only leaves three clients left in there. She asked if they could go to 2009 to eat rather than have a cook go there to feed three people? Commissioner Boydstun: Asked if that meant Ms. Gay would operate two kitchens? Helen Gay: Responded yes. William Seal: Asked to address Condition No. 3 (of Conditional Use Permit No. 3967) regarding afive- car garage. There is a five-car garage on the property and he is currently storing of parts and plumbing fixtures for the units maintenance. There are two-car garages. One of them has freezers in it to allow Helen Gay to keep food for her people. None of these people drive and so do not have 10-27-97 Page 33 cars. He asked if the requirement could be eliminated. Commissioner Boydstun: Ask what was in the other two-car garage? Williams Seal: Responded Helen has furniture stored there for the units. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3973 for 1 year with the following changes to conditions: Deleted Condition No. 4 Modified Condition Nos. 1, 5, 10 and 12 to read as follows: 1. That all services provided by the boardinghouse facility, including preparation and service of meals shall be for residents of this address (2009 East Almont Avenue) and four (4) residents from 2133 East Almont Avenue. 5. That petitioner shall provide a 24-hour per day, on-site manager at 1181 S. Belhaven Street who will be responsible for responding to any neighbors concerns regarding the facility. The name and :phone number of the manager shall be submitted, to be kept on file by the Code Enforcement Division, within thirty (30) days of approval of this conditional use permit. 10. That the number of resident vehicles shall at no time exceed the number of covered garage spaces available, open and accessible. 12. That within thirty (30) days of the approval of this resolution., Condition Nos. 1, 2, 3, 5, 6, 7, 8, 9 and 13, shall be complied with. VOTE: 5-0 (Commissioners Mayer and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 58 minutes (2:20-3:18) 10-27-97 Page 34 6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 6b. CONDITIONAL USE PERMIT NO. 35111 (READVERTISED) OWNER: Hyrail Partners 11, L.P., 990 Hyland Drive, #300, Solana Beach, CA 92705 AGENT: All Aboard Mini Storage, 990 Highland Drive, #300, Solana Beach, CA 92705 LOCATION: 1703-1709 South State College Boulevard -All Aboard Mini Storage. Property is 5.66 acres located on the west side of State College Boulevard, 750 feet north of the centerline of Katella Avenue. To amend or delete a condition of approval pertaining to a time limitation to retain aself-storage and recreational vehicle storage facility. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-154 Approved Approved request (Time limitation was deleted) SR6824TW.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Deleted Condition No. 1 of Resolution No. 92R-111 (pertaining to time limitation) in its entirety. VOTE: 5-0 (Commissioners Mayer and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal .rights. 'DISCUSSION TIME: 5 minutes (3:18-3:23) This item was not discussed. 10-27-97 Page 35 la. CEQA NEGATIVE DECLARATION Continued to 7b. GENERAL PLAN AMENDMENT NO. 351 11-10-97 7c. RECLASSIFICATION NO. 97-98-06 7d. WAIVER OF CODE REQUIREMENT 7e. CONDITIONAL USE PERMIT NO. 3974 7f. REQUEST FOR CITY COUNCIL TO REVIEW ITEMS 7a, 7c, 7d, AND 7e OWNER: Choco Realty Corp., P.O. Box 5700, Orange, CA 92863 AGENT: Craig Clausen, 2795 W. Lincoln Ave., #F, Anaheim, CA 92801 LOCATION: 7777 East Santa Ana Canyon Road. Property is 3.06 acres located at the terminus of Camino Tampico, 390 feet northeast of the centerline of Eucalyptus Drive. General Plan Amendment No. 351: To amend the Land Use Element of the General Plan, to redesignate this subject property from the Commercial Professional land use designation to the General Commercial land use designation. Reclassification No. 97-98-06: To reclassify this property from the existing CO (Commercial Office and Professional) Zone to the CL (Commercial, Limited) Zone. Conditional Use Permit No. 3974: To permit aself-storage facility with waivers of permitted freestanding sign, minimum number of parking spaces, maximum structural height and minimum structural setback requirements adjacent to a freeway and a scenic expressway. GENERAL PLAN AMENDMENT RESOLUTION fVO. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. SR6826KB.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the November 10, 1997 Planning Commission meeting in order to allow additional time for the petitioner to meet with the adjacent neighbors regarding the proposed self-storage facility. VOTE: 5-0 (Commissioners Mayer and Peraza absent) DISCUSSION TIME: This item was not discussed. 10-27-97 Page 36 8a. 8b. 8c. 8d. NO. 97-12 OWNER: Arthur B. Wilmsen, c/o Wells Fargo, P.O. Box 63700, San Francisco, CA 94163 AGENT: Arco Products, Attn: .Paul Loubet, 4 Centerpointe Dr., La Palma, Ca 90623 LOCATION; 1000 North State College Boulevard -Arco Service Station. Property is 0.50 acre located at the northeast corner of State College Boulevard and La Palma Avenue. To demolish an existing automotive service station to construct a new automobile service station with a 3,584 square foot canopy and a 1,200 square foot convenience market with sales of beer and wine for off-premises consumption with waiver of minimum structural setback and to determine public convenience or necessity for sales of beer and wine for off-premises consumption. CONDITIONAL USE PERMIT RESOLUTION NO. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. Continued to 11-24-97 SR1005JK.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the November 24, 1997 Planning Commission meeting in order for the petitioner to explore alternate designs.. VOTE: 5-0 (Commissioners Mayer and Peraza absent) DISCUSSION TIME:: This item was not discussed. 10-27-97 Page 37 9a. CEQA NEGATIVE DECLARATION Continued to 9b. CONDITIONAL USE PERMIT NO. 3978 11-10-97 OWNER: Pick Your Part Auto Wrecking, 1301 E. Orangewood Ave., #130, Anaheim, CA 92805 AGENT: Cindy Galfin, 1301 E. Orangewood Ave., #130, Anaheim, CA 92805 LOCATION: 1235 South Beach Boulevard -Pick Your Part. Property is 4.5 acres located on the west side of Beach Boulevard, 330 feet south of the centerline of Ball Road. To construct a 2-story 3,700 square foot building for automobile glass and stereo/alarm sales and installation and awalk-up restaurant with outdoor dining. CONDITIONAL USE PERMIT RESOLUTION IVO. SR6807KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Cheryl Flores, Senior Planner: Stated the City of Stanton was not notified of this request.. The City of Stanton and the applicant have both asked that this be continued for two weeks in order for information to be exchanged. ACTION: Continued subject request to the November 10, 1997 Planning Commission meeting as requested by the City of Stanton and the petitioner. VOTE: 5-0 (Commissioners Mayer and Peraza absent) DISCUSSION TIME: This item was not discussed. 10-27-97 Page 38 10a. CEQA CATEGORICAL EXEMPTION-CLASS 5 Concurred w/staff 10b. VARIANCE NO. 4322 Granted OWNER: Tien Seng International, 800 S. Beach Blvd., Anaheim, CA 92804 AGENT: TDI Inc., Attn: Adan Madrid, 3150 Bristol St., Suite 250, Costa Mesa, CA 92626 LOCATION: 800 South Beach Boulevard -Ramada Inn. Property is 0.93 acre located on the east side of Beach Boulevard, 150 feet north of the centerline of Rome Avenue. To construct accessory ground-mounted 6-foot high equipment and chain link fencing for a telecommunications facility with waiver of minimum structural setback adjacent to a residential zone. VARIANCE RESOLUTION NO. PC97-155 SR6823KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Adan Madrid, TDI, Inc.: Stated Cox Communications received approval from Commission a year ago to place a personal communications services (PCS) facility on the roof-top of the existing Ramada Inn. The installation called for the antennas and the equipment cabinets to be placed on the roof and located behind a new fiberglass screen enclosure that would match the building in both texture and color. Unfortunately, shortly after they received approval, they quickly found out from their structural engineer that only the antennas and the screen enclosed could be placed in the roof, due to structural reasons (equipment cabinets were simply too heavy). Since then, it was been a year, they have been working with both the property owner and City staff trying to find a new location somewhere on the property where both the property owner would be happy and it would meet the development standards of the Code. Unfortunately, they have not been able to do that. Today, they are requesting approval of a variance to located the equipment cabinets at the rear of the property because it is the best location from both the owners perspective, Cox's perspective, and from a land use compatibility- standpoint. They have read the staff report and concur with their recommendation and find the conditions of approval to be acceptable. THE PUBLIC HEARING WAS CLOSED. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 5, as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. 10-27-97 Page 39 Granted Variance No. 4322 on the basis that it is completely surrounded by residentially zoned properties. VOTE: 5-0 (Commissioners Mayer and Peraza absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (3:25-3:29) 10-27-97 Page 40 11 a. CEQA NEGATIVE DECLARATION Approved 11 b. TENTATIVE PARCEL MAP N0. 88-286 Approved 11c. VARIANCE NO. 4318 Granted OWNER: Seaward Properties, Ltd., Attn: Mark J. Hillgren, 923 N. Main St., Orange, CA 92667 AGENT: Stuart Architecture, Attn: Ernest Stuart, 5031 Birch St., Newport Beach, CA 92660 LOCATION: 1500. 1550. 1551. 1600. 1601. 1650. 1700 and 1701 East Babbitt Avenue and 1531 and 1551 South State Collene Boulevard. Property is 11.59 acres, located at the northwest and southwest comers of Babbitt Avenue and State College Boulevard. Tentative Parcel Map No. 88-288: to establish a ten parcel industrial subdivision and Variance No. 4318: waivers of minimum structural setback abutting a local street and minimum number of parking spaces. VARIANCE RESOLUTION NO. PC97-156 SR6827KP.WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Applicant's Statement: Mark Hillgren, Seaward Properties, Ltd., 923 N. Main St., Orange, CA: Stated he was present to answer questions. Cheryl Flores, Senior Planner: Stated the parking waiver findings were not added to this staff report however they would be made a part of this report. Melanie Adams: Associate Engineer: Indicated she needed a clarification on the timing of Condition No. 5 on the tentative parcel map. -- Cheryl Flores: Stated regarding Condition No. 9, it should be a CC&R and it should also be recorded in the Office of the Orange County Recorder. In addition, they would like to add Condition No. 5 that is listed under the Variance No. 4318 pertaining to signage for the facilities shall all be subject to Planning Commission Reports and Recommendations review. They would like to have that condition placed under the tentative tract map conditions as well. Selma Mann, Assistant City Attorney: Stated the City Attorney's Office request that it not to be CC&R's. An unsubordinated covenant would be sufficient to accomplish the purpose of Condition No. 9 unsubordinated restrictive covenant (TINE). 10-27-97 Page 41 ACTION: Approved Negative Declaration Approved Tentative Tract Map No. 88-286 with the following changes to conditions: Modified Condition Nos. 5, 9 and 11 to read as follows: 5. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 9. That an unsubordinated restrictive covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of signage, maintenance, land usage, landscaping and architectural control, shall be submitted to the Zoning Division, to be reviewed and approved by the City Attorney's office, and that the covenant shall be referenced in all deeds transferring ali or any part of the interest in the .property and shall be recorded in the office of the Orange County Recorder. 11. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 6, 7, 8 and 9, above-mentioned shall be complied with. GRANTED VARIANCE NO. 4318. VOTE: 5-0 (Commissioners Mayer and Peraza absent) DISCUSSION TIME: 6 minutes (3:29-3:35) ADJOURNED AT 3:35 P.M. TO MONDAY, NOVEMBER 10, 1997 AT 10:00 A.M. FOR CDBG UPDATE BY HOUSING AND NEIGHBORHOOD PRESERVATION AND A COMMUNITY DEVELOPMENT PRESENTATION OF A PRELIMINARY PLAN FOR THE PROPOSED WEST ANAHEIM REDEVELOPMENT PROJECT. Submitted by: v~.v.¢J Ossie Edmundson Secretary 10-27-97 Page 42