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Minutes-PC 1997/12/08S ~,RY ~,CTION P,GEN®A A AF-I E I IVI CITY PLA NI G CO ISSION ~/IEETI G MONDAY, DECEMBER 8, 1997 11:00 A.M. STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES • PRELIMINARY PLAN REVIEW 1:30 P.M. PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA COMMISSIONERS ABSENT: MAYER STAFF PRESENT: Selma :Mann Greg Hastings Kevin Bass Bruce Freeman Dennis Tucker Alfred Yalda Melanie Adams Tom Engle Margarita Solorio Ossie Edmundson Assistant City Attorney _ Zoning Division Manager Associate Planner _ Code Enforcement Supervisor Code Enforcement Officer .Principal Transportation Planner Associate Engineer Vice Detail Senior Secretary Secretary P:\DDCS\CLERICAL\MINUTES\AC7 20897. W P ITEMS OF PUBLIC INTEREST: NONE 1. REPORTS AND RECOMMENDATIONS A. CONDITIONAL USE PERMIT NO. 1592 -REQUEST Terminated FOR TERMINATION: Shakour Cyrus, 2600 W. Lincoln Avenue, Anaheim, CA 92802, requests termination of Conditional Use Permit No. 1592 (to permit truck and trailer rentals). Property is located at 2600 West Lincoln Avenue. TERMINATION RESOLUTION NO. PC97-171 SR7012MA. W P Applicant's Statement: Shakour Cyrus, 2600 W. Lincoln Avenue, Anaheim, CA: Was present to answer any questions. Kevin Bass, Associate Planner: Stated a revised letter was received requesting a termination with no provisions or exceptance. 12-08-97 Page 2 B. a. CEQA NEGATIVE DECLARATION {PREY.-APPROVED b. CONDITIONAL USE PERMIT NO. 3843 -REQUEST FOR REVIEW AND APPROVAL OF LANDSCAPE PLANS: Skakour Cyrus, 2600 W. Lincoln Avenue, Anaheim, CA 92802, requests approval of landscape plans fora :previously-approved used automobile sales and automotive repair with retail sales and installation of accessory automobile parts. Property is located at 2600 West Lincoln Avenue. ACTION: Chairman Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Chairman Bostwick offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby approve the submitted final landscape plan. Approved Approved landscape plans S R7006MA. W P Applicant's Statement: Skakour Cyrus, 2600 W. Lincoln Avenue, Anaheim, CA: Was present to answer any questions. 12-08-97 Page 3 C. a. CEQA MITIGATED NEGATIVE DECLARATION Approved (PREVIOUSLY-APPROVED l b. CONDITIONAL USE PERMIT NO. 3962 -REVIEW AND Approved landscape APPROVAL OF FINAL LANDSCAPE. LIGHTING AND plans, as amended, ARCHITECTURAL PLANS: Dennis K. Linville, 515 lighting and Marin Street, #100, Thousand Oaks, CA 91360, architectural plans requests review and approval of final landscape, lighting and architectural plans for Conditional Use Permit No. 3962 (to construct a 70,825 square foot, 2-level automobile sales, an interior showroom, service bays, roof-mounted equipment, outdoor (at grade) and second level vehicle display/parking area). Property is located at the northeast comer of Pullman Street and Old Canal Road. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby determine that the previously approved mitigated negative declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Henninger offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby approve the final landscaping, lighting and elevation plans with the modifications to the landscape plan as recommended by the Community Development to comply with the Savi Ranch Master Landscaping Plan by incorporating the following materials: Frontage Trees: (a) Pullman Street and Old Canal Road should be planted with Eucalyptus Nicholii, or "Nichol's WillovW'. (b) Savi Ranch Parkway frontage should be planted with Platanus Acer Folia or "London Plane Tree". Shrubs. Ground Covers and Accents: (a) Shrubs beneath the trees on Pullman Street and Old Canal Road should be planted with "Pink Cascade " Layered along slopes should be "Yankee Point Ceanothus," "Grevillea," "Prostate Myoponum," or "Prostrate Rosemary." Accents to the property entrance or other special areas should be .planted with Kangaroo Paw, Trailing Lantana, Ballerina India Hawthorn, Dwarf Germander and Society Garlic. (b) Along Savi Ranch Parkway, accent trees should be comprised of Canary Island Pine, Aleppo .Pine and Coast Live Oak. Groundcover should consist of Sheep Fescue and Hard ! SR1015JK.DOC Fescue. 12-08-97 Page 4 Applicant's Statement: Robert Plant, Witfield and Associates, architect for the project: He as well as Dennis Linville, from General Motors are available to answer any questions. Chairman Bostwick: Asked Mr. Witfield about the request from the Redevelopment Agency regarding changes to the landscape plan (be modified to comply with the Savi Ranch Master Landscaping Plan by planting specific type trees). Robert Plant: Responded he believed there were a quantity of trees which they added to their plan. Commissioner Boydstun: Asked if he read page 2, 11-a and 11-b of the staff report? Robert Plant: Responded that was fine. 12-08-97 Page 5 PUBLIC HE,4RING ITEMS 2a. CEQA NEGATIVE DECLARATION Continued. to 2b. WAIVER OF CODE REQUIREMENT 1-5-98 2c. CONDITIONAL USE PERMIT NO. 3983 OWNER: J.D. Gantes Airport Properties, P.O. Box 80340, Rancho Santa Margarita, CA 92688 AGENT: Jack Abi, 170 N. Maple Street, Suite 103, Corona, CA 91720 LOCATION: 8295 East Santa Ana Canyon Road -Burner King. Property is 2.33 acres located at the northwest corner of Santa Ana Canyon Road and Weir Canyon Road. To construct a second story 1,309 square foot indoor playground for an existing drive-through restaurant (3,724 square feet total) within a commercial retail center with waiver of minimum number of parking spaces. Continued from the Commission meeting of November 24, 1997. CONDITIONAL USE PERMIT RESOLUTION NO. SR6533DS.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION OPPOSITION: ACTION:- VOTE: None Continued subject request to the January 5, 1998 Planning Commission meeting in order to allow additional time for the applicant to provide revised information to staff pertaining to visibility issues. ' - 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 12-08-97 Page 8 3a, CEQA CATEGORICAL EXEMPTION-CLASS 21 Continued to 3b. CONDITIONAL USE PERMIT NO. 615 (READVERTISED) 1-5-98 OWNER: Larry Haupert, 18341 Cerro, Villa Park, CA 92807 LOCATION: 1268 East Lincoln Avenue -Gutierrez Tires.. Property is 0.28 acre located on the south side of Lincoln Avenue, 810 feet east of the centerline of East Street. Staff-initiated request to consider the revocation or modification of Conditional Use Permit No. 615 (to permit the expansion of an existing small equipment rental, sales yard and repair facility). CONDITIONAL USE PERMIT RESOLUTION NO. SR1011JKDOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION Bruce Freeman, Code Enforcement Supervisor: Stated with him today is Dennis Tucker, the area Code Enforcement Officer that will be speaking. This matter is for consideration of a modification or termination of Conditional Use Permit No. 615. The property is currently zoned CL and the current use that occupies the property is a used automotive fire replacement facility. In 1964 Conditional Use Permit No. 615 was approved for a small equipment rental, sales yard and repair service facility. Since 1989 the property has been apparently used for a fire repair facility. Dennis Tucker, Code Enforcement Officer: Stated he is the area Code Enforcement Officer for 1266 East Lincoln Avenue. Since 1995 they have received numerous complaints regarding land use violations such as storing tires in the open, outside automotive repair, inoperable vehicles, site screening violations. At one point the Fire Department called him referencing a couple of people living in the back office. Over a period of time Mr. Gutierrez, business owner, and Mr. Haupert, property owner, were notified of these violations which were temporarily remedied but then went back to the same problem. At one point he had a telephone conversation with Mr. Haupert who indicated that if these violations continued that he would rather have the business leave. Most recently the freestanding sign is approximately 6 X 5 feet. It has been moved from the rear of the property to adjacent to the sidewalk of the property. Chairman Bostwick: Stated there was a memo as an attachment to the staff report from Mr. Tucker which referenced two Notices of Violations, three Notices of Violation letters sent and asked for the dates and an explanation what the violations were for. Dennis Tucker: Responded on August 12, 1996 there were 6 violations as follows: 1. Repair or replace the site screening. 2. Cease any outdoor storage of tires, wheels or any other product. 3. Cease outdoor operations. 4. Cease storage of any abandoned or inoperable vehicles on the property. 5. Cease allowing any persons to dine, sleep or otherwise occupy the office area for living purposes. 12-08-97 Page 7 Since that time there have been other additional violations going through December 1996. In 1996, the site screening along the perimeter fence which is adjacent to Lincoln on the east side adjacent to a private residential property. Site screening .had been torn down or come down thereby exposing it to public view. They advised Mc Gutierrez and Mc Haupert that this would have to cease. The property would have to be brought to Code and the tires and installation of tires would have to be done inside. He referenced a letter dated April 17, 1997, a copy went to Mr. Gutierrez and also to Mr. Haupert which covered three items of violation. No. 1 - to obtain a conditional use permit to operate an automotive fire sales and installation business. No. 2 - to obtain a sign permit for the unpermitted billboard sign located on the property. Np. 3 -cease storing tires and wheels outside the building, outside storage is not permitted. Those letters of violation went to Mr. Gutierrez and Mr. Haupert. May 1997 additional letters were sent out as a final notification to the previous letter indicating that they had to obtain a conditional use permit for the automotive fire sales and installation and a sign permit. Again, to cease storing tires and wheels outside of the building. Those letters were received by Mr. Gutierrez on May 20, 1997 and by Mr. Haupert on May 23, 1997. He wrote the letter for request of modification or revocation to Cheryl Flores, Senior Planner. Code Enforcement had gone to the back of the property which abuts South Fahrion Place off of Broadway. At that point, they discovered there had been numerous tires and debris at the west side of the office building and to the rear of the office building which is also visible to the from the multi-family residences on south Fahrion Place. He wrote a letter to Cheryl Flores dated September 4, 1997 to have the conditional use permit reviewed. Julie (no last name given): Stated she was present to represent Mr. Gutierrez, the applicant. To her understanding he has indicated to her that everything has been complied with and referenced photographs which where recently taken of the property. He indicated that he also had received a permit for the sign. Commissioner Peraza translated by stating that Francisco Gutierrez indicated he had essentially complied with everything. Bruce Freeman, Code Enforcement Supervisor: Stated Business License records confirm that the applicant has been at the location since 1992, he stated whenever they receive complaints. It is the normal .procedure for them to address those issues. Not until it becomes a constant problem do the supervisors become involved and .research it further to find out if, in fact, they do have the proper permits. In this case after research they found that the permit was issued for a small equipment repair and rental facility and then took action. At that point, they sent notices of violation letters certified in :regular mail to Mr. Gutierrez as well as to the property owner. Chairman_Bostwick: Stated basically the fire operation is not permitted under the current conditional use permit. Therefore, Mr. Gutierrez needs to apply for a conditional use permit for a fire shop at that location. The sign is also not permitted in that zone. The outside storage is not permitted and' can not stay. Bruce Freeman: Stated it is their belief that as the property currently stands the structure of the parking lot and fencing would not meet the requirements for a conditional use permit. Mr. Gutierrez would need a conditional use permit for any type of automotive facility, however, it would also require that all work and materials be stored inside the building. The structure that currently exists on the property is not currently large enough to allow this. Commissioner Bristol: Asked Mr. Freeman, in his opinion, regarding Condition No. 15, should the Commission wish to modify rather than revoke Conditional Use Permit No. 615, would there be anything that could be done to modified to make this conform? 12-08-97 Page 8 Bruce Freeman: Responded it would require additional structures to the existing building. What makes more sense would be to demolish the existing structure and build a new facility on the property. He is going to need to meet Code for a landscape setback and signage. He will not:be permitted to have outdoor storage at all. Maggie Solorio, Senior Secretary, translated in Spanish to Mr. Gutierrez in summary what had been discussed. She said Mr. Gutierrez indicated he has a sign .approval. Commissioner Henninger: Asked what kind of impact is the applicant having on his adjacent neighbors? Bruce Freeman: Responded adjacent to the south are multi-family residences. Looking from their direction there is a problem with the outdoor storage. A concern is that there are many tires, debris and other items. Should those items catch on fire they are going to result in evacuation of the neighbors in this surrounding area. Commissioner Henninger: Agreed there are potential problems. He wondered whether there is a way to bring this activity into Code at this location. Commissioner Peraza: Asked if Code Enforcement had heard from the property owner, Mr. Haupert? Dennis Tucker: Responded on a couple of occasions he spoke with the owner by telephone and indicated this has been a problem for him in view of the letters and violations received from Code Enforcement. If this was going to continue that he would speak with Mr. Gutierrez and ceased allowing the business to operate on his property. Since that time Dennis Tucker has not had communication with Mr. Haupert. Commissioner Henninger: Asked how they communicate with Mr. Gutierrez? Dennis Tucker: Responded there have been written notices issued. In many instances Mr. Gutierrez was not available. His understanding is that he has another shop at a different location (in Santa Ana). Contact was done by mailings, via notice of violation of letters. On a couple of occasions he issued notices on the premises to his employee to forvvard to Mr. Gutierrez. The notices stated what the problems were and a fair amount of time was given to correct those problems. He felt there has been good communication informing the applicant. There has been a volume of communication and believed Mr. Gutierrez was aware of the problems. He did recognize there is a language barrier but he does have employees that speak English and that he has been able to communicate with them and the messages have been relayed to Mr. Gutierrez. Mr. Haupert, the property owner, has been also notified. Commissioner Henninger asked Commissioner Peraza to ask the applicant in Spanish, whether he was aware of the violations. Commissioner Peraza indicated Mr. Gutierrez felt that the problems had been taken care of Commissioner Bristol: Stated he visited the shop yesterday and Mr. Gutierrez's employees indicated that he was not around very much. Commissioner Peraza translated to the applicant what Commissioner Bristol had stated. He also indicated that the applicant requested that someone go to the property and explain to him exactly what he needs to do so he could take care of the problems. 12-08-97 Page 9 Commissioner Henninger. Stated he takes this as a very serious action when they discuss putting someone out of business which is what is being discussed here. He did not have the sense that this business is creating any problem in the neighborhood but he does agree that there is a potential hazard with all the outdoor storage. He thought this property might be able to be cleaned up in a way to allow it to exist at this location. He feels much of the problem might be a communications problem. Therefore, offered a four week continuance and requested Code Enforcement to go out and try to work more intensively with the applicant to try to get this property cleaned up. The applicant needs to understand that if he does not comply in four weeks (by January 5, 1998) then his business could be closed down. Commissioner Peraza explained in Spanish to the applicant what Commissioner Henninger had stated Greg Hastings, Zoning Manager: Suggested that this be readvertised since the conditional use permit on the :property has nothing to do with what is occurring and asked Commission for some direction in terms of what they are requiring. Commissioner Henninger: Agreed it should be readvertised to allow a continuation of a fire sales and installation facility. Greg Hastings: Stated normally if they have an existing conditional use permit that is 35 years old that was approved for something altogether different staff would generally require a new conditional use permit that would be relative to the actual use. Selma Mann, Assistant City Attorney: Suggested it is not a good practice to modify the conditional use permit for a completely different use to fit the current use of the .property. However, in a practical matter if it is readvertised they are giving notice to the neighbors and they do then have the opportunity to place any conditions on the property that Commission wishes. Chairman Bostwick: Recommended to readvertise the current conditional use permit (Conditional Use Permit No. 615) to a four week continuance to January 5, 1998. Directed Code Enforcement to take a Spanish speaking person to the property and meet with the applicant go through the list of violations and requirements on the property. Staff would need to look and evaluate what requirements they are going to put on this property so the applicant would understand and agree to them. Maggie Solorio explained in Spanish to the applicant what Chairman Bostwick had recommended. The applicant then asked when Code Enforcement planned to be out to his business and suggested he could meet with them tomorrow. Bruce Fresman: Stated Code Enforcement could meet with Mr. Gutierrez tomorrow at 9:OQ a,m. OPPOSITION: None ACTION: Continued subject request to the January 5, 1998 Planning Commission meeting in order to readvertise Conditional Use Permit No. 615 to include installation of tires, and for the applicant to meet with Code Enforcement staff. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: 38 minutes (1:48-2;26) 12-08-97 Page 10 4a. CEQA NEGATIVE DECLARATION (PREY.-APPROVED) 4b. CONDITIONAL USE PERMIT NO.2681 (READVERTISED) OWNER: Gary & Jo Ann Turner, 480 N. Glassell Street, Anaheim, CA 92806 LOCATION: 430 North Glassell Street -Press Box Snorts Bar and Grf[I. Property is 6.34 acres located at the southeast corner of Frontera Street and Glassell Street. To amend or delete conditions of approval pertaining to live entertainment in an existing restaurant. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-172 Approved Approved live entertainment (To expire 6-8-99) SR7010MA.WP .FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION Applicant's Statement: Peter Humphries, Manager at the Press Box: Stated he was representing the owners, Gary and Jo Ann Turner, who were present along with the General Manager, Jonathan Moore. Gary, who is the owner of the Press Box, has 26 years of property management experience and owns another sports entertainment bar in Illinois. Jo Ann has 13 years of hotel and sales experience from various companies. Jonathan has 16 years experience in the restaurant and entertainment field. He, himself, has 22 years experience in the restaurant and entertainment field. Jonathan and himself have worked together in the past. First and foremost they are a sports bar and a restaurant. Their lunch business is not what they had hoped it would be. During the football season their business does the best but unfortunately they expect a decline after the football season. Their nights are slow and they have not been able to generate activity. They feel by bringing in light entertainment this will help generate additional revenue to help them keep their business open. They have a large overhead. During the last four months that they have been in operation they have not had any problems with the Police Department: He felt their experience in the business has help greatly to be able to foresee any possible problems that might occur and defuse anything before it happens. They provide their own security on Monday nights- during the football season. Their staff has been well trained concerning the policy regarding minors at their establishment. After 9:00 p.m. they do not allow minors. They are zoned industrial. One side of their establishment faces the river, the other side the freeway, their front faces Embassy Suites. They have had a good rapport with Embassy Suites and the back side of their building faces some apartments across the street. Their windows are sound proof. if entertainment is approved they would face it in a way that would be the least intrusive to anyone and they are willing to work with their neighbors. They are not looking to turn their place .into a nightclub, that is not their intention. They basically want something to draw the public in. Their food is very good and they have received many compliments on it. They have plenty of parking for any additional business. 12-08-97 Page 11 Chairman Bostwick: Asked Mr. Humphries if he had read the staff report? Paul Humphries: Responded yes, he had. Chairman Bostwick: Stated there is a condition that stated alcoholic beverages should not exceed 40% of the total gross sales. Paui Humphries: Responded they understand that and they keep their kitchen open as late as possible. When they first open opened they tried to keep the kitchen open until 1:00 a.m. but with the slow nights it became financially conducive for them to close a little earlier. They keep the kitchen open now until 11:00 p.m. and even later on the weekends. They intend to serve food the entire time they are open. THE PUBLIC HEARING WAS CLOSED. Chairman Bostwick: Stated a suggestion in the morning session was that on Paragraph No. 16, Item No. iii, Line No. 32 of the staff report that the live entertainment shall be an accessory use to the restaurant business. Paui Humphries was in agreement. Commissioner Bristol: Stated for the record, he was at the establishment yesterday and spoke with Jonathan. He asked Jonathan whether the satellite dish was permitted. He also asked about the coin operated machines because the conditional use permit strictly prohibits this, but technically in this case the machine requires a dollar bill. Paul Humphries: Responded that was correct. They had the machines specially made to accept dollar bills. They do not give back any change. As far as the satellite it was pre-existing on the property. It was not something they .added. Commissioner Bristol: Stated in the morning session staff indicated it was permitted with a variance. He asked staff about the coin operated machines versus the applicant's dollar machines. Greg Hastings, Zoning Manager: Stated the intent is not to .have any arcade type games. When they state coin operated they mean anything accepting money. It would be up to the Commission to make that determination. Paul Humphries: Stated the games on the machines are not arcade type games for children to play. They are more adult golf games, etc. They have not had a problem with children coming and playing on those games. _ __ Commissioner Bristol: Asked the applicant whether they would have a problem if Commission conditioned them to have no more than the two arcade games that they currently havel Asked staff if that is the intent of the condition? Kevin Bass, Associate Planner: Responded the intent of the condition is to prevent potential disturbances. Coin operated games in bar areas tend to be a magnet and that is generally why they have such a condition to try to take away those potential problems. Staff did not advertise to amend that condition but staff did advertise for this project. 12-08-97 Page 12 Paul Humphries: Stated they also have two one-dollar slot operated dart boards in the back Commissioner Boydstun: Asked if those machines have been there since they have been open? Have there been any problems or complaints as far as the Police Department is concerned? Paul Humphries: Responded yes, they have all been there since day one, Investigator Tom Engle, Vice Detail, Police Department: Stated the applicant Is going to need to obtain an amusement devices permit from the Business License Division. He did not foresee a problem since the Police Department has not received any complaints at their location. Commissioner Peraza: Stated he does not have a problem with these two machines but was concerned that there may be a precedent set for other businesses that have bars or sports bars that do not currently have the machines. Investigator Tom Engle: Stated the closest sports bar, other than the Embassy Suites, would probably be The Shack and he has been at that location many times. They have two dart boards and two golf games. He thought they probably had the same equipment there that they have at the Press Box Sports Bar. They are permitted. Greg Hastings, Zoning Manager: Stated the only difference is that there is a condition of approval on this that reads, that there shall be not coin operated games maintained upon the premises at any time. So the condition still stands and it is a matter for the Commission's interpretation perhaps that these are not considered coin operated games. Greg Hastings: Recommended on Condition No. 33 allowing 18 months (June 8, 1999) rather than one year in order to allow an entertainment permit to be established on the property. Chairman Bostwick: Recommended changing Condition No. 27-o to read, that there shall be no more than four coin or currency operated amusement games upon the premises at anytime. OPPOSITION: None ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Modi£ed Resolution No. PC 94-9, adopted in conjunction with Conditional Use Permit No. 2681, as follows: Delete existing Condition No. 27 m. Amended existing Condition No. 27 d. and o. to read as follows: "27d. The quarterly gross sales of alcoholic beverages shall not exceed 40% of the total gross sales. 270. That there shall be no more than four (4) coin or currency operated amusement games upon the premises at any time." 12-08-97 Page 13 Add the following conditions of approval: 31. That there shall be no admission fee charged at any time. 32. That the live entertainment shall be accessory to the restaurant business. 33. That the accessory live entertainment and dinner dance shall expire in eighteen (18) months from the date of this resolution on June 8, 1999. 34. That only three billiard tables shall be permitted within the restaurant." VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 21 minutes (2:26 to 2:47) 12-08-97 Page 14 5a. CEQA NEGATIVE DECLARATION (PREY.-APPROVED) 5b. CONDITIONAL USE PERMIT NO. 3642 (READVERTISED) OWNER: Doris K. Richter, 5505 Garden Grove Boulevard #150, Westminster, CA 92683 AGENT: Ofelia Castellanos, 1086 N. State College Boulevard, Anaheim, CA 92806 LOCATION: 1086 North State College Boulevard - JC Fandango Restaurant/Nightclub. Property is 8.88 acres located north and east of the northeast corner of State College Boulevard and La Palma Avenue . To amend or delete conditions of approval pertaining to a time limitation to retain an existing restaurant and nightclub including a public dance hall with sales of alcoholic beverages for on-premises consumption. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-173 Approved Approved, as readvertised (To expire 11-1-98) SR1013JK.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION Applicant's Statement: Javier Castellanos, JC Fandango Restaurant/Nightclub; Stated they are requesting to amend Condition No. 13 because some evenings they have a need for loading and unloading in the rear of the building and would like to be able to open the gates in the evening to allow for this. Public Testimony; Maurey Amoon, 519 N. Redwood Drive: Stated he lives across from the Fandango Restaurant/Nightclub and has been a resident of Anaheim for 34 years. There were two issues that concerned him. First, between 12:00 midnight to 2:00 a.m. he and .his wife will occasionally be awaken with very low base rhythmic pounding. Most recently last evening. They have done a good job in keeping this from not happening daily or every weekend but very often this happens and it is very disturbing. The second issue is since this business has been in operation there are .now five vacant stores there and it is unattractive to .promote other businesses there. They., as well as other neighbors feel very unsafe walking there in the evening due to nature of the business. They would like to see a place more conducive to promoting business rather than deterring business. THE PUBLIC HEARING WAS CLOSED. 12-08-97 Page 15 Applicant's Rebuttal: Javier Castellanos: Responded regarding the sound, this is the first he has heard about this. None of his management has mentioned to him about this. He is there every day they are open and helps run the club. If there is a noise problem all they have to do is turn down the base frequencies and that problem ceases to exist. The second issue of the vacancies, he felt this does not have anything to do with their business, they have been there for over 11 years and people have gone in and out of business there. It is not directly related to them. It probably has more to do with the landlord. If anything they bring more business to the shopping center. Chairman Bostwick: Asked the applicant whether he would be in agreement if the wording on Condition No. 13 was amended to read, "that the access gates into the rear of the property shall remain closed during the evenings except for loading and unloading not to exceed 15 minutes:' Javier Castellanos: Responded he felt it might take a little longer than that sometimes. Commissioner Henninger: Asked what type of loading and unloading do they do? Javier Castellanos: Responded sometimes some of their providers bring supplies late or they need to bring in sound equipment for the live entertainment. They could monitor this by opening and closing only by their staff. It would not be very often. Commissioner Bristol: Asked if they have the music going when they are loading and unloading so noise could get out to the neighbors? Javier Castellanos: Responded yes. They have loaded and unloaded when music is going but because the entertainment is far enough and the kitchen is in between they really do not have a problem with that. Basically, the sound goes out towards the front of the building. The sound does not travel behind the building so they do not have any problems with that. Commissioner Henninger: Recommended that Condition No. 13 be amended to read, "except during periods of active loading and unloading." Javier Castellanos: Stated the other change he requested is to delete Condition No. 15. They have invested thousands of dollars improving the restaurant/nightclub. First, they simply do not have sufficient funds to refurbish the planters with .new trees. Secondly, they do not own the shopping center, they are merely a small part of the large center, though there are plans within the next year for a possible purchase of this property. If in fact they do purchase this shopping center they will definitely reface th€center and refurbish the planters. Commissioner Henninger: Asked how big their space was in comparison to the overall shopping center? Javier Castellanos: Responded it is approximately 20% of the total shopping center. There are national companies in the shopping center such as Blockbuster Videos, Kragen Auto Parts, Black Angus Restaurant, etc. 12-08-97 Page 16 Commissioner Boydstun: Stated the improvements are something that should be conditioned to the owner. If the owner of the property has the landscape on plan then they should be contacted to replace the trees that are gone. Is there something that could be done with the owners on this? Greg Hastings: Stated staff has noticed over the years trees have mysteriously disappeared and need to be replanted because a large portion of the parking lot traffic is due to this business. So the applicant should be responsible for the replanting of the missing trees. Commissioner Henninger: Asked how many trees are they referring to? Greg Hastings: Responded the plan that was submitted shows a few trees that are remaining in the islands in the parking lot. Javier Castellanos: Stated most of the planters do have trees and to put new trees in would be very costly. Commissioner Henninger: Asked why would it be very costly? Javier Castellanos: Responded he felt palm trees would look better in those islands. There are an assortment of trees rather than one type of tree throughout the shopping center. Greg Hastings: Stated because staff does not have the exact specifications they worded the condition in such a way to get a landscape plan with which they could work with the owner of the property or the tenant to replace those trees. Commissioner Henninger: Asked if they have an existing landscape requirement and they are not meetings that requirement. Isn't that a Code Enforcement issue? Greg Hastings: Responded in a way it is. It was brought to their attention that it appears to be under a two year review. Staff is asking that this refurbishment occur with this particular review. Javier Castellanos: Stated the property owners did plant some flowers in the planters to make it look nice but he did not think they want to go as far as putting new trees there. Greg Hastings: Stated staff is not asking that the existing trees be removed but rather that trees be filled in where there were trees originally. Bruce Freeman: Stated Code Enforcement will contact the owner to refurbish the landscaping at the shopping tenter. Commissioner Henninger: Suggested that Mr. Amoon contact Mr. Castellanos the next time he has a problem with the noise level. If there is no resolution then he suggested Mr. Amoon contact Code Enforcement. Commissioner Henninger: Recommended amending Condition No. 4 of Resolution No. PC96-8 and granting the conditional use permit for a period of two years to expire on November 1, 1998. Also with the additions of Condition Nos. 12, 13, 14, 15 and with the amendment to the proposed Condition No. 13 that states except during periods of active loading and unloading. 12-08-97 Page 17 OPPOSITION: 1 person spoke in opposition ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Amended Condition No. 4 of Resolution No. PC96-8 to read as follows: 4. That subject conditional use permit is hereby granted for a period of two (2) years (retroactive to November 1, 1996) to expire November 1, 1998:' And added the following new conditions: 12. That within thirty (30) days from the date of this resolution, the access gates leading into the rear of the building shall be repaired. 13. That the access gates into the rear of the property shall remain closed during the evenings and access shall be prohibited during that time, except during the periods of active loading and unloading. 14. That the on-site security officers shall periodically monitor the rear of the property to ensure that no loitering or illegal dumping occurs. 15. That within 30 days from the date of this resolution, the property owner shall submit a letter requesting termination of Conditional Use Permit No. 1685 (to permit on-premises sale of beer and wine in an existing restaurant) and Conditional Use Permit No. 1655 (to permit on-premises sale of beer and wine in a proposed restaurant) to the Zoning .Division." VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 18 minutes (2:47-3:05) 12-08-97 Page 18 6a. CEQA NEGATIVE DECLARATION Approved 6b. WAIVER OF CODE :REQUIREMENT Approved 6c. CONDITIONAL USE PERMIT NO. 3989 Granted 6d. DETERMINATION OF PUBLIC CONVENIENCE OR Withdrawn NECESSITY NO.97-14 OWNER: MJD Properties, P:O. Box 9164, Newport Beach, CA 92650 AGENT: Jimmy Tong Nguyen, P.O. Box 15751., Newport Beach, CA 92659 LOCATION: 3150 West Lincoln Avenue. Property is 5.8 acres located at the southeast corner of Lincoln Avenue and Western Avenue. To permit a 9,200 square foot banquet hall facility with service of, but not sales of, alcoholic beverages for on-premises consumption with waiver of minimum number of parking spaces and to determine public convenience or necessity for service of, but not sales of, alcoholic beverages for on-premises consumption. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-174 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. SR6535DS.DUC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION Applicant's Statement: Jimmy Nguyen, representing the Seafood Palace: Stated staffs concern regarding the possibility that the establishment would change from food serving to a nightclub. They do not have that_ intention. He urged the Commission to allow them an opportunity to continue to operate this business. They only cater to weddings and this business only occurs in the weekend. In the past year they averaged.from 51 to 60 weddings per year. With this type of business music is only allowed as guests come in and go to the waiting area. They normally allow them to come in at 6:00 p.m. and the wedding reception does not start until 7:30 p.m. or 8:00 p.m. During the waiting period they allow soft music to play. Once the food is served, with an average of an 8 to 10 course dinner which takes at least 2 or 3 hours to serve the food. 12-08-97 Page 19 He agreed with most conditions except for Condition No. 16 referencing the trash truck turnaround. Currently, the shopping center is about 65 to 70% vacant. Their business caters weddings. Without that service this center would nearly be vacant. They have two business, one in Stanton on Beach Boulevard. They have not had any security problems according to his discussions with Investigator Tom Engle, from the Police Department. He referenced a letter from Sandra J. Meek, from'ABC (Alcohol and Beverage Control) in 1993 when they applied for an ABC type license there hats been protest from several people in the area. The letter stated that previously the protestors did not know the nature of the business, but after the owner approached them and explained about the business then the protestors went to ABC and withdrew their protest. He stressed they conduct their business in a family type environment. They provide security inside as well as outside the facility. THE PUBLIC HEARING WAS CLOSED. Commissioner Henninger: Asked how many weddings did they have in the past year? Jimmy Nguyen: Responded there were 57 weddings. Occasionally they allow community organization functions such as the Vietnamese New Year, which is coming up which they will be asking for a one day permit. Investigator Tom Engle, Vice Detail, Police Department: Stated there was an incident that occurred where the patrol officers were there and asked to see their ABC license because they suspected the business was selling alcohol. The officers were told they do not sell alcohol because this is a wedding. They actually thought it was a restaurant which it was not at the time. So Investigator Engle went on the following Monday to investigate and the place was closed during the week because it only opened on the weekends. There have not been any complaints from the neighborhood. The concerns of the Police Department as well as Code Enforcement is that they did not want this to become a place where someone could rent or lease one day a week for the next two years and have open parties. He has discussed this concern with Mr. Nguyen and he believes that is not going to be happening at that location. Commissioner Boydstun: Asked what type of community events do they have during the year? Jimmy Nguyen: Responded they cater to the Vietnamese, Cambodian, Laotian communities and occasionally the Chinese community. Commission Henninger: Recommended adding to Conditional Use Permit No. 3989 in addition to the wedding reception activity allowing applicant to have up to 6 community events per year. Asked the enforcement staff if they were comfortable with all the conditions? Investigator Tom Engle: Stated the Police Department agrees with all the other conditions that they .have. - Bruce Freeman, Code Enforcement Supervisor: Stated in the morning session they discussed some issues of problems in the past and they were not aware that they were currently open. They have not received any complaints. They were trying to anticipate the types of problems that typically occurred in the past. The proposed conditions should address their issues and concerns. 12-08-97 Page 20 Melanie Adams, Associate Engineer, Public Works Department: Recommended adding one condition regarding the fire walls and lot line adjustment. Upon further review they need further clarification of the property lines relative to the building walls, adding the following condition to read, "That within (90) days of this resolution, the legal property owner shall submit evidence to the Public Works Department, Development Services Division, that this unit is located on a legal parcel of land per the Subdivision Map Act, and that the building walls are in conformance with the fire wall separation requirements of the Anaheim Building Code. In the event the property is not in conformance with the Map Act or Building Code relative to the walls, that the owner shall obtain a lot line adjustment and/or obtain a building permit to correct those issues". It appears that the property consists of at least three parcels and on some of the additional small ones they do not have enough evidence to see exactly how they came about and that is what they are trying to determine at this time. Chairman Bostwick: Asked about Mr. Nguyen's questions regarding the trash storage area, the turnaround. The trash areas are existing and this is to make sure that they are in conformance. Melanie Adams: Responded yes. They want to make sure that at all times that the truck can come onto the property or move about into a fashion where they would not need to back onto a public street. Jimmy Nguyen: Stated to his knowledge the trash area is being used by all tenants in that center, not just by them. They are only there on weekends. When they .arrive for preparation of the weekend banquets the trash cans are always full. They have no idea where the trash comes from and they brought this up to the attention of the owners. The owners assured them they were going to take care of this problem. Melanie Adams: Stated if the owner would set up a meeting with their Streets and Sanitation Division then they will work with them to come up with a reasonable plan for the center. Kevin Bass, Associate Planner: Stated the reason for withdrawing the Determination of Public Convenience or Necessity No. 97-14 is that staff .has teamed that the State of California ABC (Alcohol and Beverage Control) will conduct a determination of public convenience or necessity based on the fact that this is an on-premises consumption as opposed to an off sale facility. This is for service only, no sale is allowed. OPPOSITION: None ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit with the following added conditions: That this use is hereby granted for a wedding banquet/receotion facility with up to six (fi) community events per year. That within a period of ninety (90) days from the date of this resolution, the legal property owner shall submit evidence to the Public Works Department, Development Services .Division, that this unit is located on a legal parcel of land per the Subdivision Map Act, and that the building walls are in conformance with the fire wall separation 12-08-97 Page 21 requirements of the Anaheim Building Code. In the event that the property is not in conformance with the Map Act or Building Code relative to the walls, the owner shall obtain a lot line adjustment and/or obtain a building permit to correct these issues. ACTION: Commissioner Henninger offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby accept the request for withdrawal of Determination of Public Convenience or Necessity Permit No. 97-14. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 22 minutes (3:05-3:27) 12-08-97 Page 22 7a. CEQA NEGATIVE DECLARATION Approved 7b. WAIVER OF CODE REQUIREMENT 'Approved 7c. CONDITIONAL USE PERMIT NO. 3988 Granted OWNER: Lincoln Plaza Development Company, P.O. Box 1839, Orinda, CA 94563-6839 AGENT: Sherwood G. Oklejas -Anaheim Chevrolet, 215 S. Euclid Street, Anaheim, CA 92802 LOCATION: 111 South Euclid Street. Property is 1.33 acres located south and west of the southwest corner of Lincoln Avenue and Euclid Street. To permit a 41,600 square foot expansion of an existing automobile sales lot display area (Anaheim Chevrolet) with waiver of minimum landscape setback adjacent to an arterial highway. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-175 SR6854TW:DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION Applicant's Statement: Woody Oklejas, Anaheim Chevrolet, 215 S, Euclid Street, Anaheim, CA: Stated he and his wife are the owners and operators of Anaheim Chevrolet. Stated he has been in the automobile business ali of his adult life and they have owned Anaheim Chevrolet since 1982. At the north side of them there was a Bob's Big Boy Restaurant that operated which has since closed approximately 3 to 5 months ago. The property is also owned by their landlord. His landlord offered him the use of the empty lot. The lot would be a new addition to Anaheim Chevrolet to display more vehicles and hopefully sell more cars. Staff would like them to be their first test case for the 10 foot wide landscape which he feels would prove very detrimental to his business. They have 431 feet of frontage that is just on the south side of thl's .property that has the 4 foot landscape, which they keep up very nicely. He referenced photographs that he brought with him. The additional 130 feet if it does not maintain the same look as their current landscaping then he feels this would confuse the public as there will be no building there. It would tend to look like a different operation. He feels it is extremely important that they maintain the uniformity that they currently have with the rest of the block which is also the same as across the street (the 4 foot wide landscape). The difference between them and an auto center is that an auto center is a designation. However, their patrons .are more impulse buyers based on what they see on his lot. So the ability to have those vehicles as close to the curb with an unobstructed view is critical to their operation. THE PUBLIC HEARING WAS CLOSED, 12-08-97 Page 23 Commissioner Henninger: Asked Mr. Oklejas whether he had some palm trees in front of his existing facility? Woody Oklejas: Responded those are on the public right-of-way, there is one palm tree. Commissioner Henninger: Stated the plan shows 4 or 5 palm trees and asked to see Mr. Oklejas' photographs. He asked Melanie Adams if there are tree wells along the front of this public right-of- way7 Melanie Adams, Associate Engineer, Public Works Department: Responded yes there are. According to the property survey done by the owner's civil engineer (Anacal Engineering) there area .number of palm trees, approximately 5 in front of the existing Chevrolet dealership and they also indicated cne tree well in front of the proposed expansion site and these plans were prepared on October 31, 1997. Woody Oklejas: Stated since he has been there that is how he knows it to be. Melanie Adams: Stated based on the discussion and the review of the photographs it appears that the plans submitted by Anacal Engineering are incorrect. Perhaps there was some confusion. There are palm trees in front of the Supersaver and so there might have been some drafting error that occurred. She corrected Paragraph No. 20, page 3 of the staff report, The intersection of Lincoln and Euclid Street is a critical :intersection and currently under design is a project to bring that intersection into compatibility with the I-5 widening project where the Euclid overpass will be reconstructed and the on and off ramps will be modified. That project currently under design will not effect the west side of Euclid Street in front of the applicant's :property. However, in the future they would expect that there would be a right hand turn added eastbound on Lincoln making a free right-hand turn onto Euclid. When that occurs that would require an additional 12 feet of property on the frontage of this expansion property. At that time, the City would conduct an appraisal and would purchase the property at fair market value from the property owner. What the Code requires is that any .new improvements be set back from this critical intersection line. One alternative that they would like to propose would be that the applicant could do his landscaping, either the 4 foot proposed or the 10 foot as recommended by Zoning, but would agree that any .landscaping would be relocated behind the critical intersection widening at the time the project went forvuard. Commissioner Henninger: Asked the applicant what their plans were for the Bob's Big Boy pole sign that remains? Woody Oklejas: Responded they submitted plans along with this request for two separate c_an signs. One will say used car center and the other would advertise collision repairs. Commissioner Henninger: Stated that would leave them with three large pole signs which is more than most businesses have in Anaheim. Woody Oklejas: Stated he has had verbal discussions with the .Planning Department staff and he would agree to .remove one of the signs and staff thought that was a reasonable position. 12-08-97 Page 24 Commissioner Henninger: Stated there is a Redevelopment plan for this street that includes palm trees along the street which is going to make it look much nicer between there and the I-5 freeway. Therefore, staff is recommending palm trees along his frontage and it appears there are some tree wells in front of his existing business that perhaps could have some palm trees put in them: He asked the applicant if he agreed to this. Woody Oklejas: Responded his understanding from staff is that the trees could be in the back of the lot because they take away from viewing the vehicles. Commissioner Henninger: Stated one 25-foot tall palm tree every 40 feet does not take away much., does it7 Woody Oklejas: Responded it is very expensive. He feels the addition of these palm trees is a serious financial matter that they just do not see how that helps the automobile business. It would be too expensive for this lot. This lot is probably going to sit this way for probably another 10 years if he does not expand. He is very grateful to be able to have the opportunity to use this but it has to make financial sense. .Melanie Adams: Stated it has been the Public Works experience that palm trees have been very popular in Southern California. At this time, it is difficult to obtain several varieties of palm trees. Some of the more popular ones that .are being requested in some cases people are not able to get them and when they are able to obtain them the prices have gone quite high. She is not certain of the variety that Community Development has requested, however, they have had experience on their own City projects of greatly increased prices of palm trees. Commissioner Boydstun: Suggested allowing the applicant to leave it as it is now with the understanding that the applicant .knows that in five or ten years that they are going to come along and put the right turn lane in. At that time, he is going to have to move his landscaping back and accommodate it. Woody Okiejas; Stated that would be fine. Commissioner Henninger: Felt Mr. Oklejas does .not have much landscaping there and he did not feel it was a benefit for the City the way it looks. Commissioner Peraza: Stated he feels a 10 foot wide landscape shduld be required. He does .not see how the public would think it is a different lot because one has a 10 foot and the other has a 4 foot of landscaping. As far as the trees, he felt they could wait for the palm trees if in fact they are that expensive.' Greg Hastings: Stated for clarification, in addition to the palm trees there is also a requirement that there be 8 trees which are in the front setback area and staff is requesting that these be planted elsewhere on site but that they still require those 8 trees (1 tree per every 20 feet). Woody Oklejas: Stated they are proposing to improve the vacant lot and, in his opinion, that is a substantial improvement to what it has been over the past few years. That is primarily due to his efforts and now they want to require more. He feels this is placing unnecessary hardship on a business that has been in Anaheim for many years. They are a good corporate citizen and sponsor ali the children's soccer and softball teams. 12-08-97 Page 25 Greg Hastings: Stated he would agree this is a good use for the property, however, all the vacant property near there in the Redevelopment Area will be expected to comply with these requirements as well as the recently constructed Supersaver. Melanie Adams: Stated a report from their Design Division is that the 25 foot tall Washingtdnia Robusta palm trees are currently available between $1,500 to $3,000 installed per tree. When you go beyond 25 foot they become considerably expensive. Commissioner Henninger: Suggested they could be shorter. They just have to be taller than the cars. Commissioner Boydstun: Asked if the palm trees can be purchased shorter than 25 feet? Melanie Adams: Responded she was not certain on the various height but was almost certain they are available in lower heights. Greg Hastings: Stated the reasoning behind what the Redevelopment staff was looking for was that they would all match the height along the stretch of Euclid Street by those that are existing from the Supersaver. Commissioner Boydstun; Asked what their maximum height are? Melanie Adams: Responded she was not certain but some of the ones Public Works is going to be installing, for instance, in the Anaheim Resort Area there are 30 foot high trees being planted. Chairman Bostwick: Asked what the light standards height are? Woody Oklejas: Responded he thought they were 20 foot but he was :not certain. Woody Oklejas: He felt if the palm trees are a requirement that they have to fulfill then they will not proceed doing the lot because it is just not worth it. He felt it is unfair. No one else has to have them there and he is having that requirement put on his business because the perception is it is only 4 trees. Commissioner Henninger: He felt that was incorrect. The truth is that everyone from now on who is coming in and requesting to do something new that requires a conditional use permit is going to be required to install those trees. For example, there is another business that is being built now who has been required to do this. Chairman Bostwick: Stated across the street at the gas station they were conditioned to plant the trees when they came in for their approval and so did Supersaver. _ Woody Oklejas: Stated Supersaver is a nationally owned company. They do a billion dollars worth of sales a year and 4 palm trees would .not be a financial hardship to them. Chairman Bostwick: Stated Commission is trying to work it out for everyone. 12-OS-97 Page 26 Woody Oklejas: He is very frustrated by all the requirements imposed to his company. For example, he could not come in and represent the landlord without having a notarized copy that approved that. Yet, he saw another business come before Commission earlier today that had every rule in the book broken for him and he is a putilic nuisance and here he is trying to do good for the City. He requires next to no City services and it is going to add revenue to the City. That is unfair Melanie Adams: Stated the City Code, Chapter 18.04, related to the installation pf street trees specially speaking to the association with an issuance of a building permit. In addition, the street trees that are approved on most streets are significantly less costly than the requested trees by the Community Development Department for special corridors. This is something that is being looked at, is that yes, the palm trees are needed for the beautification and to make them stand out but that they are significantly more expensive than any other street tree that they are asking developers to install. Perhaps it needs to be looked on that this may, in fact, this may be an undue burden to individual property owners. But this would likely be further reviewed as part of the corridor beautification committee. Commissioner Boydstun: Stated she felt this is going to be widened if they put the right hand turn lane in and it is Redevelopment's job to install those palm trees because they are going to be the ones that are doing it. Commissioner Henninger: Stated he feels they are waiving the normal landscape in this situation which is to have a 10 foot fully landscaped with 8 trees. Commissioner Bristol: Suggested what if other trees were installed. A different type of tree which is less costly. Then Commission could still condition this so when the street is widened then the applicant must comply either 4 feet or 10 feet because he would be receiving a waiver for now. Greg Hastings: Stated the Supersaver had 10 feet of landscaping plus they did install the palm trees and the parkway. As mentioned earlier, they did have a building permit where there is none with the proposal. That would be the difference. Chairman Bostwick: Stated by requiring these trees they are actually, according to Code, putting an undue burden upon the developer. Melanie Adams: Stated she was not trying to make that determination for Commission. She just wanted to point out when street trees are required and under what circumstances they are required by Code. Commission is free to apply any conditions that they deem appropriate related to this conditional use permit and she deferred this to the Deputy City Attorney for further clarification on the analysis. Chairman Bostwick: Recommended that in light of that, the developer shall plant 4 trees, minimum 24- gallon size trees in the 4 tree wells in the public right-of-way. Change Item No. 14 to state that the developer will replace the landscape at his own expense if street widening should occur. Greg Hastings: Asked for a clarification from Chairman Bostwick regarding his recommendation between the street trees and the on-site trees. 12-08-97 Page 27 Chairman Bostwick: Explained he recommended 8 on-site trees to be planted at the north and west property lines. The one condition was that the developer would replace the landscape along Euclid Street if and when the street is widened at his expense and also replace the trees in the parkway when the street is widened. The 4 trees in the tree wells will be 24-inch box trees of type approved by the City Parks Division. Kevin Bass, Associate Planner: Asked whether they would like a Report and Recommendation review to come before Commission or have staff review this? Chairman Bostwick: Responded a staff review is fine. Melanie Adams: Stated there are several of those 24-inch boxed canopy trees that would be quite compatible with a palm tree situation. There are several streets where there are large palm trees and in between them are the smaller canopy trees which look quite nice together. OPPOSITION: None ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3988 with the following changes to conditions: Modified Condition Nos. 1 and 5 to read as follows: 1. That a minimum 4-foot wide landscaped and irrigated planter strip shall be installed adjacent to Euclid Street where driveway openings do not exist. That all existing mature trees shall be properly maintained, and that there shall be a total of eight (8) minimum 15-gallon size trees planted on the property to offset the eight trees required in the front setback area adjacent to Euclid Street. Said trees shall be planted adjacent to the west and north property lines. 5. That proposed bollards shall be located behind the 4-foot wide landscaped area, and that a plan indicating the location and the design of the proposed bollards shall be submitted to the Zoning Division for review and approval prior to commencement of the activity authorized by this resolution. - Added the following conditions: That the developer submit a landscape plan showing four (4) minimum 24-inch box trees of type approved by the Parks and Recreation Department, Trees Division, in the four (4) tree wells along the public right of way to the Zoning Division of the Planning Department for review and approval by staff. That the property owner, at his expense, shall replace the landscaping along Euclid Street and the trees in the parkway, if and when the street is widened. 12-OS-97 Page 28 VOTE: 4-2 (Commissioners Henninger and Peraza voted no and Commissioner Mayer was absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 48 minutes (3:27-4:15) 12-08-97 Page 29 8a. CEQA CATEGORICAL EXEMPTION-CLASS 21 I Continued to Sb. VARIANCE NO. 2804 (READVERTISED) 2-2-98 OWNER: Vera Everett Trust, c/o Walter A. Friedman, 9 Goodyear, Irvine, CA 92718 LOCATION: 1107 North Brookhurst Street -Guerrero Auto Repair. Property is 0.4 acre located at the northwest corner of La Palma Avenue and .Brookhurst Street. Staff-initiated request to consider the revocation or modification of Variance No. 2804 (waiver of permitted uses, to establish an automobile diagnostic and service center). VARIANCE RESOLUTION NO. SR6537DS.DOC ------------------------------------------------------------ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION OPPOSITION: None ACTION: Continued subject request to the February 2, 1998 Planning Commission meeting in order for the applicant to meet with Zoning and Code Enforcement staff to resolve issues pertaining to Code violations on the property.. VOTE: 6-0 (Commissioner Mayer absent) DISCUSSION TIME: This item was not discussed. 12-08-97 Page 30 9a. CEQA CATEGORICAL EXEMPTION-CLASS 5 I Continued to 9b. VARIANCE NO. 4319 1.5_gg OWNER: Leif and Mitzi Christensen, 2845 East South Street, Anaheim, CA 92806 LOCATION: 2845 East South Street. Property is 0.17 acre located on the north side of South Street, 560 feet west of the centerline of Rio Vista Street. Waivers of minimum front yard setback and minimum side yard setback to retain an existing 144 square foot wood trellis attached to the garage, and a 126 square foot patio cover in the side yard. VARIANCE RESOLUTION NO. SR1014JK.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION OPPOSITION: 3 people spoke in opposition Public Testimony: Karen Freeman, 2844 E. Standish Avenue, Anaheim, CA: Stated she is present today as well as her husband asking that their public testimony be taken at this time because they are expecting a child soon and are therefore not certain they will be here on January 5, 1998. They find the entire property is an eye sore. There is overgrown shrubbery and it is not well maintained. They do not particularly see the side but they do see the front yard. She submitted some photographs which showed the view from their back yard. They are concerned with what is occurring in Mr. Christenson's rear yard setback. For a number of years Mr. Christenson has had shrubbery that is overgrown. It was actually attached to their common brick wall of which the brick wall has gone down twice. Most recently this April and since then they have been trying to remedy that situation where they do not have the safety issues of that block wall coming down due to the clinging vines and trellis work that Mr. Christenson is putting up: They find that over the years it has blocked out their light and natural breeze. It actually invades their privacy because it is built so high that he gets up on the block wall and walks across it and prunes it. Typically, it is during the time they are in their backyard. This has occurred many times. 12-08-97 Page 31 Michael Freeman, 2844 E. Standish Avenue, Anaheim, CA: Stated he agrees that the front of the house is an eye sore. It is extremely overgrown and unattractive. It effects the property values of the area. In particular, their residences which is directly to the rear. In the rear yard their common cinder block wall, they have a problem with rodents (rats and possums) which frequently travel along the top of the wall at all hours of the night which excites their dog. He has watched the rodents go into Mr. Christenson's yard which is extremely overgrown. They have been warned at various times that some of the vegetation that frequently grows over to their side from the area of the wall is poisonous. They have been warned to keep their small children away from it and since they are expecting another child they are concerned that this problem is once again something to be concerned about. They have made their objections known over the years to Mr. Christenson but he has not responded. As recently as two weeks ago he spoke with Mr. Christenson about the protilem and he has given no indication that he wants to address the issue other than lowering it slightly. Michael Freeman's major concern is safety. Barbara Holden, 704 S. Cinda Street, Anaheim, CA: Stated her home is at the comer of South Street and Cinda Street so as she walks out her front door she is looking across the street at Mr. Christenson's home. She feels his property is an eye sore and has been that way for years. Her concern is that Mr. Christenson does not heed any kind of advise given by the City. This structure with the trellis is protruding further and further down the driveway and on top of it is vegetational growth. Her one concern is that it is a fire hazard. His garage it is packed ceiling to floor and wall to wall. The other night she went out and noticed a rodent in her home and she understands he has them at his home. The people living just west of him were concerned about the way Mr. Christenson is building the structure out. The man that lives there fell off a ladder and is lying comatose in a hospital so he is not able to be here and state his concerns. Her concern is behind her home there is barbed wire fencing that surrounds what used to be the a sand pit and there is barbed wire fencing all the way around that pit. He used to take cutters and cut through the wire and go under there to get to the back of the structure and climb over the block wall fence. She complained to the City and they put a block wall fence all along South Street backing up to the corner of her house. She feels that people need to abide with their neighbors. They can't just take it upon themselves to grow anything they want or to let their property become an eye sore. She tried to sell her property two years ago and it became a hindrance. Chairman Bostwick: Stated there is a request for a continuance to January 5, 1998 and hopefully Ms. Holden can return then, otherwise the testimony given today will be on record. Please note there will be no written notification sent to the neighbors of this continuance and suggested those present today inform any interested neighbors. ACTION: Continued subject request to the January 5, 1998 Planning Commission meeting in - order for the applicant to address staffs concerns. VOTE: 6-0 (Commissioner Mayer absent) - DISCUSSION TIME: This item was not discussed. 12-OS-97 Page 32 MEETING ADJOURNED AT 4:15 TO flAONDAY, DECEf1ABER 22, 1997 AT 10:30 A.nA. FOR PRELIflflINARY PLAN REVIEW. Submitted by: ~a.~ Ossie Edmundson Secretary 12-08-97 Page 33