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Minutes-PC 1998/09/14SUMM~~1( ACTION ACENDA CITY OF AIVAHEiNi ~LANNIiVG COMMIS~I(JN MEETING MONn~Y, SEPTEMBER 14, 1998 10:00 A.M. • CITY ATTORNEY'S OFFICE WORKSHQP ON PLANNING COMMISSION PROCEDURES, TH~ BROWN ACT, FINDINGS, NEXUS AND CONFLICT OF INTEREST 11:00 A.M. • STAFF UPDATE TO COMMISSION OF VARIOUS ClTY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW 1:30 P.M. • PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS COMMISSIONERS ABSENT: NONE STAFF PRESENT: Selma Mann Greg Hastings Cheryl Flores Greg McCafferty Kim Taylor Alfred Yalda Peter Gambino Tom Engle Ramona Castar~eda Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Associate Planner Assistant Planner Principal Transportation Planner Associate Civil Engineer Vice Detail Project Manager, Community Development Acting PC Support Supervisor 5enior Secretary 09-14-98 Page 1 ,,~%•f . . , ~ , . .. II ~~SCUSSIQN ITEM: Commissioner Koos ~, REGLUEST FOR APPOINTMENT OF A REPRESENTATIVE AND AN was appointed as ALTERNATE TO THE FOLLOWING: representative and Commissioner Esping 9) COMMUNITY DEVELOPiNENT ADVISORY BOARD FOR THE was appointed as the BLOCK GRANT PROGRAM (CDAB). altemate TION• Commissioner Boydstun offered a motion, seconded by Chairman Bristol and MOTION CARRIED, that the Anaiieim City Planning Commission does hereby appoint Cammissioner John Koos as the representative to serve on the Community Development Advisory Board for the Biock Grant Program (CDAB). Commissioner Boslwick offered a motion, seconded by Commissianer Napoles and MOTION CARRIED, that the Anal~~im City Planning Commission does hereby appoint Commissioner Alden Esping as the alternate to serve on the Community Development Advisory Board for the Block Grant Program (CDAB). ITEMS OF PUBLIC INTEREST: None 09-14-98 Page 2 1. REPORTS AND RECOMMENDATIONS A. a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED), Approved b. VARIANCE NO. 4316 - RE~UEST FOR REVIEW AND Approved flnal APPROVAL OF FINAL ELEVATION PLANS AND elevation plans and DETERMINA710N OF SUBSTANTIAL GONFORMANCE: Timothy determined th2t the W. Smith, 424 S. Atchison Street, Anaheim, CA 92805, requests modified floor and review and approva! of final elevation plans and a determination of landscape plans are substantial conformence perlaining to previousiy-approved floor and in substantial landscape pians. Property fs located at 424 South Atchison Street - conformance with Firmenich. previously approved plans CA TION: Commissioner Boydstun offered a motion, seconded by Commissioner Esping and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is 2dequate to serve as the required environmental dacumentation for subject request. Commissioner Boydstun offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the detailed elevation drawings for Building Nos. 5 and 8 and determine that the modified floor and landscape plans are in substantial conformance based on the following: a. That the buiiding elevations are in substantial conformance with Exhibit Nos.1 through 8. b. That the landscaping required by Code and Condition No. 9 is shown on the landscape and elevation plans. Further, that an enhanced landscape treaiment at the west building elevation (Building No. 8j facing the residential properties on Kroeger Street is shown on plans. c. That the floor area and landscape revisions are minor and one additional parking space has been added to comply with Code requirements as a result of the modifications. SR7A 87KP.DOC Cheryl Flores, Se~~ior Planner: Stated the request is from the Firmenich Company for a review of the building elevation plans. The painting will include a blue stripe around the top of the buildings (no. 5 and no. 8) as well as a trellis to support vines facing the street. Staff has reviewed the floor and landscape plans for substantial conformance compared to the originally approved exhibits and feels they are in substantial conformance. ~J9-14-98 Page 3 , _ . ; B. REQUEST FOR DETERMINATION OF CONFORMANCE WITFI ~ Determined to be in THE GENERAL PLAN: Maheim City School District (consultant, conformance wfth the LSA Associates, Inc.), One Park Plaza, Suite 500, Irvine, CA Maheim General 92614, requests determinati~n af conformance with the Anaheim Plan General Plan for the expansion of the existing Betsy Ross Elementary School. Property 1s located at 535 8outh Walnut Street. C ION: Commissioner Boydstun offered a motlan, seconded by Commissioner Wililams and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the Anaheim Ciry School DistricYs proposal to expand the Betsy Ross Elementary School at 535 South Walnut Street is in conformance with the Anaheim General Plan. 5R0001 KT.DOC Kim Taylor, Assistant Planner: Stated this is a request by the Anaheim City School Dfstrict to determine conformance with tho Anaheim General Plan to expand the Betsy Ross Elementary School located at 535 South Walnut Street. The site is zoned Limited Industrial and is designated as an elementary schc~ol site by the General Plan. Staff recommends that Commission, by motion, find that the proposal to expand Betsy Ross Elementary School is in conformance with the Anaheim General Plan. 09-14•98 Page 4 PUBLIC HEARING ITEMS: 2a. 2b. OWNER: Cinderella Motel, Inc., Attn: Ralph Kazarian, Jr., 2416 W. Shaw, Suite 109, Fresno, CA 93711 AGENT: Ralph Kazarian, Jr., 2416 W. Shaw, Suite 109, Fresno, CA 93711 Pamela S. Schmidt, c/o Berger and Norton,1620 26th Street, Suite 200 South, Santa Manica, CA 90404-4040 LOCATION: 1747 South Harbor Boulevard - Candy Cane Inn Property is 2.84 acres located on the west side of Harbor Boulevard, 250 feet north of the centerline of Katella Avenue. Waivers of maximum wall heights in landscape setback area adjacent to Harbor Boulevard, minimum structural setback adjacent to Harbor Boulevard, minimum structural setback adjacent to interior lot lines, and permitted freestanding monument signs, to reconstruct the main entrance driveway and inslall new landscaping and landscape treatments in the front setback area adjacent to Harbor Boule~ard, including the constructicn of a combination solid masonry wall/wrought iron fence with decorative pilasters, a decorative fountain, two ponds, and a new monument-type sign, in conjunction with an existing ho~el. Continued from the Commission meetings of August 17, and August 31, 1998. VAkIANC~ RESOLU710N N0. Continued to September 28,1998 ` `FO~LOWING IS A SUMMARY.OF THE PCANNiNG~COMMI~SION:ACTION. OPPOSITION: None ACTION: Continued subject request to the Sept~;mber 28,1998 Plar.ning Commission meeting in order for applicant to meet with staff to discuss the submiKed revised plans. VO7E: 7-0 DISCUSSION TIME: This item was not discussed. 09-14-98 Page 5 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED 3b. CONDITIONAI. USE PERMIT N0. 3148 (READVERTISED) OWNER: Airport BuslAirport Coach, Attn: Lorie J. Williams, 917 E. Gene Autry Way, Anaheim, CA 92805 LOCATION: 917 East Gene Autry Way-Airoort Bus. Property is 2.45 acres located at the no~theast corner of Gene Autry Way and Anaheim Way. To consider reinstatement of this permit which currently has a time limitation (until September 1,1998) to retain a bus storage terminal. Continued from the Commission meeting of August 31,1998. CONDITIONAL USE PERMIT RESOLUTIQN N0. FC98-141 Approved refnstatement for 3 years (To expire on 9-1-01) I I SR7199KP DOC • e • • • • ApplicanYs Statement: Lorie Williams, Airport Bus, 9178 W. Gene Autry Way, Anaheim, CA: Stated they are requesting reinstatement of their conditional use permit for an additional 3 years. During the past year they lost their terminal at the Disneyland Hotel and then Caltrans acquired a portion of their proper-ty, wtiich housed their administration building. Therefore, they have had to make maJor adjustments during the past year while they have been transporting residents, commuters, convention attendees and their tour and travel people coming into the Anaheim area. They transport approximately 1 million passengers a year with Anaheim as their base. They have been in the process of upgrading their prope;ty. She referenced the photographs (exhibits), which show that they have installed asphali. They have warited to enclose the fencing but Caitrans at the present time is still moving their fence. Once Caltrans finalizes the location of the fences then they would like to cover them with Bougainvidea's. They have been working with Redevelopment and plan to be a part of the Anaheim Resort area. They feel that they are a vital part of people coming into the Anaheim area. Regarding Condition No. 13, the permits were not found at the tirne that ihe staff report was completed. She would like to request ~6 days in order to give her time to loca4e her a copy of the permits in her office. THE PUBi.IC HEARING WAS CLOSED. OPPOSITION: None ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved reinstatement of Conditional Use Permit No. 3148 for 3 years. Amended Condition No.17 of Resolution No. PC98-183 to read as follows: 09-14-98 Page 6 17. The subject conditional use permit is hereby reinstated as an interim use only for a period of three (3) years, to expire on September 1, 2001. No further requests for tfms extensions or reinstatements of this conditional usa permit will be considered because of the changes that are taking place in the surrounding area. A new conditionai use permit may be appropriate in the future, assuming that such development fuily complies with City and Zoning Code standards in effect at that time. Added the foliowing conditions of approval to Resolution No. PC98-183: 19. That within ninety (90) days from the date of this resolution, the appropriate permits shall be obtained for any un-permitted const~uction on this property (such as placement of the modular buildings). 20. That the petitioner shail submit a letter to the Zoning Division requesting termination of Conditional Use Permit No.1591, which permitted outdoor recreational vehicle storage at 917 East Pacifico Avenue with waivers of permitted uses, minimum front setback and minimum lancscaped setback. VOTE: 7-0 Selma Mann, Assistant City Attomey, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes (1;39-1:44) 09-14-98 Page 7 4a. CEQA NEGATIVE DEGLARATION Continued to 4b. RECLASSIFICATION N0. 98-99-05 9-28-98 4c. CONDITIONAL USE PERMIY NO. 4047 OWNER: Hunter's Pointe Flomeowners Association,14600 Goldenwest Street,102-A, Westminster, CA 92683 AGENT: TDI, Inc., Attn: Adan Madrid, 3150 Bristol Street, #250, Costa Mesa, CA 92626 LOCATION: 6900 East Canyon Rim Road. Property is 3.05 acres located on the south side of Canyon Rim Road,180 feet west of the centerline of Fairmont Boulevard. To construct telecommunications antennas on an existing lattice tower (Edison) structure and ground-mounted accessory equipment. Continued from the Commission meeting of August 31,1998. RECLASSIFICATION RESOLUTION N0. CONDITIONAL USE PERMIT RESOLUTION N0. • • • • ~ o OPPOSlTION: None ACTION: Continued subject request to the September 28,1998 Planning Commission meeting in order for to allow further time for the applicant to prepare materials to present to the Commission. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. Q9-14-98 Page 8 5a. CEQA NEGATIVE DECLARATION Con;inued to 5b. RECLASSIFICATION N0. 98-99-03 9-28-98 5c. VARIANCE NO. 4347 5d. TENTATIVE PARCEL MAP N0. 98-178 OWNER: Lee Pete Nguyen and Mai Lan Thi Nguyen, 223 Camellia Street, Anaheim, CA 92804 AGENT: Pzu Phs~it,17660 San Simeon Street, Fountain Valley, CA 92708 LOCATION: 1915 West, Bali Road. Property is 0.72 acre located on the north side of Ball Road,128 feet west of the centerline of Nutwood Street. Reclassification No. 98-99•03 - to reclassify this property from the RS-A- 43,000 Zone to RS-7200 Zone or a less intense zone. Variance No. 4347 - waivers of required orientation of single-family residential structures (deleted), minimum lot width (deleted) and minimum lot depth adjacent to arterial highways. Tentative Parcel Map No. 98•178 - to establish a 2-lot' single-family residential subdivision. Conti~ued from the Commission meeting of August 31,1998. ' Advertised as 3•lot. RECLASSIFICA7!ON RESOLUTION N0. VARIANCE RESOLUTION N0. • • • • s s ApplicanYs Statement: Hoss Eftekhari, Hoss Williams and Associates: Stated he is representing his client, Lee Nguyen. The day they attended the IDC meeting the Planning staff informed them that due the increase traffic on Ball Road 3 lots would not be allowed and recommended reducing their proposal to 2 lots. So they complied and reduced their proposal from 3 to 2 lots. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun: Asked if there was any consideration given due to the type of road that Ball Road is and the traffic it generates? The house on the lot has a circle driveway, but it still means pulling out onto Ball Road. Asked if there had been any thought to give a 12 foot easement across !he small piece at the west of the back lot for access off of Emerald? Hoss Eftekhari: It was discussed and it was all right due to the fact that the existing house has two driveways. One is used for entering and th~ other is used for exiting the property. The concern was ihat cars not back up from the lot to Ball Road due io the visibility problem. Staff recommended that they propose 2 lots, so they then requested accass for the second lot off of Emerald. The reason they could not get another access for this lot from Emerald is because the house on lot 2 has been already been designed and approved by the Building Division. At that time they realized they needed to do a parcel map. 09-14-98 Page 9 Comm(ssioner BostwicM: Suggested he put a 12-foot driveway from Emerald rather than on Ball Road. It is not going to interfere with the design of their house. Hoss Eftekhari: The house has already been designed and approved, it is over 4500 square feet. He was not sure they could get another 12 feet fur access to the existing ~nouse. Chairman Bristol: Suggested the appiicant to work with the City in order to get that access off of Emerald. Hoss Eftekhari: His understanding is that his ctient did not want to have access for the existing house off of Emerald. Commissioner Bostwick: He also agreed that there be a two-week continuance for the applicant to have sufficient time to meet with staff. He wouid like to see them design it with a driveway out to Emerald since the garage to the existing prope~ty is already at the back of the lot, and the driveway for the new house is on the other end, the far north end of the property. That is going to be the best solution for the whole propert,y and for the future. It is going to make for a better access for the buyer of the lot. Hoss Eftekhari: They contacted the Planning Department many times and were tald the proposed 2 lots were fine and this issue was not brought up. Commissioner Bostwick: Commission is asl<ing that they consider this and he reiterated his suggestion for a continuance. Hoss Eftekhari: He asked to discuss this matter with his client. Chairman Bristol: Stated he visited the site this weekend. He stopped at Bail Road to view the site and felt uneasy abouf that accesc. Commissioner Bostwick: Irdicated to Alfred Yalda that the applicant has a 3-foot dedication to the City of Anaheim and asked what that was forl Alfred Yalda, Principal Transportation Planner, Traffic Engineering Division: That is the ultirnate right-of- way for the street right-uf-way. If they decided to allow a driveway on Emerald Way they recommend a 20-foot easement because of the 2-way traffic or in case of an emerc~ency, should the Fire trucks need to enter. Chairman Bristol: Asked if he was referring to the easement on the west driveway? Alfred Yalda: Yes. Chairman Bristol: Asked Mr. Eftekhari if they had come to a decisiun? The applicant wanted to keep the existing house and the 2 driveways the way they are and as they were told at the IDC meeting. They are going to have to change to whole plan; it is simply not going to work. Chairman Bristol: Asked staff for their comments. Cheryl rlores, Senior Planner: Staff was comfortable with this plan as submitted however after visiting the site it did seem possible that a driveway could come off of Emerald Street that wouid serve to the advantage of both properties. Their long range consideration of this would be if the existing home were ever demoiished to be replaced then there would no access off of Emerald Street as a result of this parcel map if it was not taken care of now. Commissioner Bostwick: Agreed. He feels there needs to be better access. Chairman 9ristol: His main concern was the safety issue. 09-14-98 PaSe 10 Chafrman Bristol: Offered a motion for a continuance to September 28,1998 in order for the applicant to meet with staff to see if there is a way to open up the driveway on Emerald, seconded by Commissfoner Napoles and motion was carr(ed. Additional discussion: Towards the end of the meeting, the applicant (per Mr. Eftekhari) requested that he be allowed to address the Planning Commission. Selma Mann, Assistant C;ry Attorney: It is within the jurisdiction of the Planning Commission and the Chairman is free to permit the discussion, however, the applicant needs to be aware that the action has already been taken on this item, that the room has been cleared and because to due process constraints that could not be changed at this point. Chairman Bristol: Asked the Comrnission if they agreed i~;, hear the applicant? They responded they did agree. He then asked the applic~ant if he understood what ;he City Attorney had just stated. This is information only. The Commission has already acted on this Ete~n. ApplicanYs Statement: Lee Nguyen, 223 Camelia, Anaheim, CA: Stated thank you for allowing him come up to speak. When he purchased the property at 1915 West Ball Road, he checked with the City to see what he could do with the property. He initially applied to subdivide the land into 3 lots but in speaking with the Planning Manager and he thought it was not a good idea because they do not want peopie driving in and out off of Ball Road which is a busy street due io the safety concern. He complied and oniy subdivided it into 2 lots. Now his proposal is not turning out the way hP was told, He is just trying to comply with the City. The only thing that is going to be built is his new house facing Emerald Street, one entrance at Emerald Street and one at Ball Road for the existing house. Commissioner Williams: He felt Mr. Nguyen may have been misinformed, Commission did no4 deny his request rsther the item was continued to September 28,1998. The purpose for the continuance was to allow tirne for the applicant to meet with staff and discuss the possibilities of a driveway from Ball Road coming off of Emerald Street. Lee Nguyen: He understands, but he has been waiting for 3 months. It is a financial hardship on him. The house is in the process of going into escrow which means he will have to move oui soan. Commissioner Bostwick: He suggested Mr. Nguyen slow down the escrow or change the escrow time because there is an appeal period from the Planning Commission's decision, then it needs to go to City Cauncil. Council may pull it and hear it which may push it back further. He suggested Mr. Nguyen not close escrow or have a"rent back" policy in his escrow to be able to facilitate the time delay. Emphasized to the applicant that Commission reques#s that he meet with staff because they, as the Commission, feel there is a better configuration for the driveway for boih properties coming in off of Emerald. If Mr. Nguy~en will meet with staff, they will go through the process with him. Then this item will return in two weeks and hopefully Commission can vote on it at that time. Lee Nguyen: He thanked Commission for allowing him speak. OPPOSITION: None ACTION: Continued subject request to the September 28,1998 Planning Commission meeting in order for the applicant to meet with staff to see if it is possibie to eliminate the proposed driveway along Bail Road and provide a new driveway access from Emerald Street. 09-14-98 Page 11 , ; . .. _ , f .. . . . . . . . _ . . . . ~ . . ~ . . . VOTE: 7-0 QISCUSSION TIME: 17 minutes (1:45-2:02) 09-14-98 Page 12 6b. CONDITIONAL USE PERMIT N0. 2973 (READVERTISED) reinstatement of OWNER: Thrifty Oil Campany, Attn: Vincent Lepore,13539 East the retail sales of Foster Road, Santa Fe Springs, CA 90670 beer and wine David Rose, 3870 La Sisrra Avenue, #193, Riverside, CA 92503 LO~ATION: 304 South Magnolia Avenue -Thrifty~0il Compan}~ Property is 0.50 acre located at the southeast corner of Magnoiia Avenue and Broadway. To consider reinstatement of this permit which currently contains a time limitation (until April 28,1998) to retain the retail sales of beer and wine for off-premises consumption within an existing service station convenience market. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-142 SR6898DS.DOC Commissioner Bostwick: Declared a conflict of interest and therefore abstained from voting on lhis item. ~hairman Bristol: Stated, for the record, a letter was received from Esther Wallace the Chairperson for WAND expressing concerns about this proposed use. Applicant's Statement: David Rose, The Regents Groups, 3870 La Sierra Avenue, #193, Riverside, CA 92505: The property owner is Thrifty Oil. About a year ago, July 1997, all of Thrifty facilities throughout California were master leased by Arco. At the time they obtained approval from City Council to purchase an existing liquor license and not a new license. The City Council thought that a major operator would be better suited in this location than a"mom and pop" operator. As such, they actively sought out purchasing a beer and wine license. However in the interim of the deal with Arco, Thrifty decreased from approximately 2500 employees down to less than 50. The legal and management staff has been overwhelmed in trying to secure all the various permits and operational activities, which included ABC. On July 21, 1998 he submitted a request for a retroactive extension of time in order to purchase an existing license from an existing operation. The license would be operated and controlled by Arco. Once Thrifty received it, it would then transferred to Arco and it would be an Arco operated facility. Thrifty is operated contractually to provide the beer and wine license to Arco. Therefore he is present on behalf of Thrifty. Opposition: Harry Bisla (spelling not given), 240 S. Magnolia Avenue, Anaheim, CA: The Police Departrnent is objecting to this request because of the high crime activity. The school district has also objected and there have been 2 petitions from the neighborhood. By issuing them a license it would impact other stores in the area, which are already overcrowded. He feels this request should be denied. App(icant's Rebuttal: David Rose: The gentleman who spoke is a competitor in the area. They are not going to be adding a new license but actually transferring an existing license as was a,pproved by City Council, last year. 09-14-38 Page 13 Regarding the petitions, it was submitted some years ago at a public hearing when they were actually proposing a new license at the time. Part of hfs involvement with Thrifty Oil at that time was to purchase a new Iicense was before Caldera, the Iegisiation which requires cities to make findings of public convenience or necessity. The idea came up of purchasing an existing license during the discussions with staff and various members of Council; to purchase an existing license rather than trying to buy a new license. 7here are 6 licenses existing and there would 6 with the approval and granting of this license. Judy Kite: Stated she is a field consultant for Southland Carporation, which is a franchiser, of 7 Eleven stores which is the competition that Mr. Rose was referring to. They are not just concemed about bottom line for all of their stores but it goes much deeper than that. They are concemed about the neighborhood. In reviewing the staff report, the Police Department has voiced their opposition to this request. There are onty 2 licenses ailowed but there are currently 6 in that area. So it is not a matter of not adding another license, they are already over saturated. Southland Corporation has very strict rules on ABC approvals to their franchisees. Most retailers do not have the strict guidelines of selling to minors. As a corparation they enforce that tremendously and are concerned that not every retailer in the neighborhood would do that. Therefore, they concur with the Police Department and the school district that there is already an over saturation and they do not need additional retailers selling beer and wine. Additionally there is increased gang activity in the area and it is becoming more and more of a problem. David Rose: He asked to have one of the representatives from Arco speak to discuss the difference between a corporate owned facility and a franchise owned facility. Dennis Bickler, real estate representative for Atlantic Richfield, Arco: Stated this particular faci!ity is an Arco corporate operated store and not a franchise store. They are in the process of taking over control from Thrifty and the store is designated a"PSI" store which is operated by Arco corporate, under a direct corporate structure which is a very strict structure from the standpoint of ABC beer and wine license as well as the sales. They are making sure that everything is proper in the location in the process, along with Thrifty. THE PUBLIC HEARING WAS CLOSED. Investigator Tom Engle, Vice Detaii-Police Department: The Police DepartmenYs concerns are the rising crime rate in the western half of the City. A year ago the crime rate was only 2% above average but now it is 85°/a above average. This reporting district is split down the middie of the street. Directly west of the location is a different reporting district, which is no.1717, and that crime rate has gone up from 112°!o to 270% above average. So the Police Department has some definite concerns about adding another license to that area. From an ABC point of view, If the applicant does purchase a license from a licensee in the area unless there is specific language in the sale of the license, the person who selis it can within 90 days reapply to ABC (Alcohofic Beverage Controi) and obtain a new license. Because it has been previousiy licensed in the last 90 days, there is nothing he (Mr. Engle) can do about this. Cheryl Flores, Senior Planner: Since the repo~t v~as H~ritten they did identify two billboards on this property that are existing without a conditional use permit. Code Section 18.02.058.041 states, ~vhile a non-conforming use exists on any lot no other use shall be permitted even though such other use would be a conforming use. Chairman Bristol; The Commission approved this use over a year ago then Council reviewed it and added a condition. Cheryl Flores: In paragraph 5 it states that on July 22,1997 the Ciry Council approved the permit for retail sales of beer and wine. Chairman Bristol: The crime rate at that time was 2°/a above now it (s 85% above, so there has been a drastic increase of 83%. 09-14-98 Page 14 r . ,...: .. . . . . . . .. .. . , _ . . . . ..... . _.... . .... . , ~ . .... . . .._. . . . . . .:.-. .. _. . . Commissioner Willfams: The west side of the street more than doubled. Tom Engle: The west side of the street went from 112% to 270%. OPPOSITION: 2 people spoke in oppositionlcorrespondence was received in opposition ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject rer~uest. Denied reinstatement of retail sales of beer and wine for off-premises consumption (Condition No. 32 of Resolution No. 97R-144 dated 7-22-97) in conjunction with Conditional Use Permit No. 2973 based on the following: 1. That fhere is an above-average crime rate for the reporting district in which this service station is located and that an additional license in this census tract would result in further aver-concentration of licenses. 2. That there are already enough lorations in the immediate area that sell beer and wine, VOTE: 6-0 (Commissioner Boslwick declared a conflict of interest) Selma Mann, Assistant Ci!y Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 20 minutes (2:03-2:23) 09-14-98 Page 15 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 7b. CONDI710NAL USE PERMIT N0. 3841 (READVERTISED) Denied sale of beer and wine 7c. DETERMINATION OF PUBLIC CONVENIENCE Denied OR NECESSITY N0. 98-05 OWNER: Tarek Berri, 260 S. Euclid Street, Anaheim, CA 92802 Growth Management Company, Attn: Fay Harrison, 3820 E. La Palma Avenue, Anaheim, CA 92807 LOCATION: 2180 West Ball Road - Nlobil Service Station. Properry is 0.52 acre located at the southeast corner of Brookhurst Street and Ball Road. Conditional Use Permit No. 3841- to perm~t retail sales of beer and wine for off-premises consumption in conjunction with a previously- approved service station with a 2,916 square foot convenience market. Determination of Public Convenience or Necessity No. 98-05 - determination of public convenience or necessity for retail sales of beer and wine for off-premises consumption in conjunction with a previously-approved service station with a 2,916 square foot convenience market. CONDITIONAL l1SE PERMIT RESOLUTION N0. PC98-143 DET~RMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC98-144 SR6899DS.DOC Chairman Bristol: Stated, for the record, a letter was received from Esther Wallace, Chairperson of WAND i~ opposition of this request. Cheryl Flores, Senior Planner: Made the following corrections to the staff report: Paragraph 4, describes north across Ball Road, that land is no longer devaloped with the service station, it is vacant. There was an approval for a service station with a convenience market with no sales of beer and wine, however that has lapsed and is no longer effective. In that same chart west across Brookhurst Street, the service station at that location is approved for beer and wine, however it is not yet developed. 7he last sentence in paragraph 5 states, that revised plans were determined to be in substantial conformance by the Commission. It should be on May 12, 1997. In paragraph 15(b) 2, the Police Department indicates this reporting district has a crime rate of 23% rather than 21 %. 09-14-98 Page 16 Ap~licant's StatQment: Shawn Shaw, Gro~vth Management Company, 3820 E. La Palma, Anaheim, CA 92807: Growth Management Company is the construction management firm for Mobil Service Station on the southeast corner of Bail Road and Brookhurst. This project was before Commission over a year ago. The conditional use permit for this project has been approved with the exception of the beer and wine license. At that time his client accepted this. Across the strest at 1201 S. Brookhurst Street, Arco obtained a beer and wine license which created an unfair competition for the applicant. The applicant is putting more than a miliion and a half-dollars into this project but the other side does not have as an enhanced project. On February 3, 1997, Conditional Use Permit No. 3902 was approved by the Plannir.g Commission for a beer and wine license. The crime rate (page 10, item no. 36} was 139% above the averagE The project is the Chevron gas station on Ball Road and Harbor Boulevard. On June 9,1997, CUP 3939 vias approved for the beer an~ wine license and it was 62% above average, which is right next door (corner of Broadway and Anaheim Blvd.). He feels that lhe beer and wine license has very little to do with the crime rate. The credit has to be given to the Police Department because ihey worlc very hard. He referenced an article, Fall 1998, about ihe Anaheim Poiice Departmant which states that the crime rate is as low as 1970. The crime rate on this project that he is representing is about 21 % or 23%. They know they can create a good project, it is well lit and Commission can put as many restrictions as they please on this project. All they are asking is to give the applicant a fair chance to compete. 7hey are in a Redevelopment Corridor. Redevelopment adopted a resolution, item no. 7 slated to create more job opportunities for the community. No. 8 stated the establishment of the modern convenience commercial center that they are doing right now. All they need from Commission is their approval on no. 6, the public agency to cooperate with the applicant and give him a chance for a fair competition. THE PUBLIC HEARING WAS CLOSED. Investigator Tom Engle, Vice Detail-Police Department: Yes, the crime rate in that area is 23% above av~rage which is the base rate for a high crime within a reporting district. The Police Department has requested conditions included in their memo so that if the Commission had decided to grant this request then they would be included in the conditional use permit. They do not have a similar situation as the last iiem which had a very extreme crime rate, so they are not doing an absolute denial, Commissioner Bostwick: Asked how many licenses are on Brookhurst Street? Investigator Engle: The Brookhurst Corridor General has approximately 30 to 35. It is probably the highest concentration of ABC licenses in this City. Ramona Castar~eda, Project Manager, Community Devei.,pment; This proposal is not consistent with the goals of the Redevelopment Plan and they would like to see a decrease in liquor serving and liquor sales in the area. If they do approve ihe proposai they recommend a requirement that trees be installed pursuant to the Srookhurst Corridor Design and the Planning Recommendation Study. Chairman Bristoi: Asked Mr. Shaw why he thought this request was a necessity or public convenisnce because there are so many uses on that street? Mr. Shaw: A memorandum from the Police Department dated September 9,1998 indicated (on the 3rd paragraph) that the population is 4,075 and there is only one license available. People like to drink beer and wine and what they are doing is creating convenience for the public. Instead of driving further they can acquire liquor locally. Growth Management Company is in favor of enhanc2d and plush landscape. By having only one license available in the area is a public necessity and a convenience for the public. it will be owner-operated full time and well lit, thereby making it a more convenient and safe place for the pub~ic. 09-14-98 Page 17 Commissioner Boydstun: Asked what type of fast food are they going to have? Tarek Berri (owner), 2180 W. Sall Road, Anaheim, CA: They plan to have a small taco shop (tacos, burritos, rice and beans). They will also have a convenience market. Commissioner Williams: By selling fast food he felt they are going to be encouraging people buying a beer and drinking on the premises. Commissioner Boydstun: She felt the fast food and the convenience market aro sufficient. Mr. Shaw: There is a fast food and a convenience market on the corner of the Arco gas station. This is an upcoming trend in gas stations because they want to trv to make a"one stop shop" for the client. Commissioner Bostwick: Yes, most gas station proposals now also request multiple franchises, convenience markets and beer and wine. The facts show the problem is thai there is an over concentratian and statistics prove that when there is an over concentration of liquor licenses within areas, the crime rate tends to increase. They a~preciate ail the landscaping but ~vhen the crime rate goes up and people move out of the ~rea, it doas not matter how many trees are pianted. They are trying to prevent that from happening in the City of Anaheim. They need to improve the quality of life rather than the quality of someone's business. Ci~airman Bristol: Even if the crime rate is better it is still above average. It is in an area that the Ciiy has been working very hard at. He feels he can not make the statement that the alcohol use would not impact this street. Shawn Shaw: The profit margin on the gas is so low and business people need to be helped. Commissioner Bostwick: That is why they approved the mini market and the fast food in the originai conditional use permit. Shawn Shaw: On the other side of the street the gas station has a license and they do not, and trey do not know why that is. Commissioner Bos:wick: Because Commission does not want to intensify any more alcohol uses. Ch~~ryl Flores: Just for clarification she does not see where a separate fast food restaurant inside the convenience market has been permitted. The staff report dated June 10, 1996 states that the convenience market would include the sale of groceries, snack items and beverages including beer and wine. She did not want to imply that there was a separate fast food restaurant involved. Shawn Shaw: If it has not been approved then they are not ~oing to put it in. Commissioner Esping: Very near to this property is a Mexican restaurant, also within a few feet is a drive- through Mexican restaurant. Chairman Bristol: In the letter of operation by the Growth Management Company which states that the proposed gas station is a super gas station with a mini market and a take out fast food restaurant. Commissioner Bostwick: It was not approved so the fast food can not be approved without advertising for it and a different conditional use permit approved because it has different s:::~sking requirements. OPPOSITION: Correspondence was received in opposition/no one was present in opposition. ACTION: netermined that the previously approved negative declaration fs adequate to serve as the required environmental documentation for subject request. 09-14-98 Page 18 Den3ed the reques+ to modi~r Conditional Use Permit No. 3841 to permit reta(I sales of beer and win3 for off-premises consumption in conjunction with the previously- approved service station based on the fallowing: (1) That approval of this request would adverseiy affect the adjoini~g land uses and the growth and development of the area in which (t is located. (2) Thal the property is located within a Police Department reporting district that has a crime rate 23% above the Gity average. (3) That the Community Development Department is recommending denial of this application on the basis that the retail sales of beer and wine will not be consistent with the goals of the West Anaheim Commercial Corridors Redevelopment Plan. Denied L~etermination of Public Convenience or Necassity No. 98-05 based on the following: (1) That the Anaheim Police Department has stated that the subject property is located within Reporting District 1920 which h~s a crime rate 23% above the City average, and immediatPly adjacent to Reporting District Nos.1819 and 1820 which has crime rates 20% and 35% above the City average. (2) That the petitioner has not demonstrated that this request would serve to benefit 4he pubiic in terms of convenience or ~ecessiry. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 14 minutes (2:24-2:38) 09-14-98 Page 19 8b. CONDITIONAL USE PERMIT NO. 2620 (READVERTISED) APproved, as readvertised OWNER: Redondo Investment Company,14005 Live Oak for 2 years Avenue, Baldwin Park, CA 91706 (To expire 9-14-00) Dave Mangat, 6304 E. Santa Ana Canyon Road, Anaheim, CA 92807 LOCATION: 6304-6308 East Santa Ana Canyon Road - Round Table Piua. Property is 6.67 acres located at the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard. To permit an amusement device arcade with up to twelve (12) amusement devices in conjunction with a previously-appr~ved restaurant with sales of beer and wine for on-premises consumption. CONOITIONAL USE AERMIT RESOLUTION N0. PC98-145 SR7219KP • e • • • • ApplicanYs Statement: Dave Mangat, 6304 E. Santa Ana Canyon Road, Anaheim, CA: Stated they would like to add arcade games for the children. Often times they get two to three little league teams in at one time and they would like to keep them separated. Chairman Bristol: Asked the applicant if he had read the staff report and agreed with all of the conditions? Dave Mengat: Yes, everything was fine. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None ACTION: Approved Negative Declaration Approved the modification of Conditional Use Permit No. 2620, as readvertised, for 2 years (to expire on September 14, 2000) subject to the following conditions: That the maximum number of amusement devices shall not exceed a total of twelve (12) devices. 2. That the hours of operation shall be limited to the following: Mc:~day through Thursday 11 a.m. to 1 U p.m. Friday and Saturday 11 a.m. to 11 p.m. Sunday 12 p.m. to 10 p.m, 3. That any ~n-site public telephone(s) shall be located within the business. 09-14-98 Page 20 -:. _ _ _ . , ~~. ` ~ 4. ~'hat window, wall, freestanding, or other signage shall not be permitted for the amusement device arcade. Further, that the proposal shall comply with all ~igning requirements of the CL (SC)Xone unless a variance allowing sign waivers is approved by the Planning Commission. 5. That prior to the operation of this business, a valid business license for the arnusemant devices shaii be obtained from the City of Anaheim, Business License Division of the Finance Depariment, 6. That subject use permit shall expire two (?.) years from tho date of this resolution, an September 14, 2000. 7. That the owner of subject prope~ty shall submit a letter requesting termination of Conditional Use Permit No. 2640 (to permit sales of beer and wine for on- premises consumption in a proposed restaurant with waiver of minimum number of parking spaces) to the Zoning Division. 8. That prior to commencement of the activity ~uthorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted fn accordance with Section 18.03.090 of the Maheim Municipal Code. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action ar findings as to compliance or approval of the request regarding any other applicable ordinance, reguiation or requirement. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (2:39-2:43) 09-14-98 Page 21 9a. CEQ A NEGATIVE DECLARATION Continued to 9b. CO NDITIONAL USE PERMIT NO. 4058 9-28-98 ' OWNER: Bahman and Ully BayatUAfshin Bozorgamenesh, 678 S. Frontier Ct., Anaheim, CA 92807 LOCATION: 602 North Anaheim Boulevard. Property is 0.14 acre located at the northeast comer of Anaheim Boulevard and Alberta Street. To permit a used automobile sales facility for up to fifteen (15) automobiles. CONDITIONAL USE PEFtMIT RESOLUTION NQ. • • ~- • • s • Chairman Bristoi: Asked if the applicant was present? [There was no response.j Cheryl Flores, Senior Planner: Stated Planning staff tried to contact the applicant and there was no answer. On Friday the applicant had indicated verbally that he may need to request a continuance, although they did not formally request one. Therefore, she feit it would be appropriate to continue this item. Commissioner Bostwick: Offer~d a motion for a continuance to September 28,1998, seconded by Commission Napoles and motion was canied. OPPOSITION: None ACTION; Continued subject request to the September 28,1998 Planning Commission meeting in order for the applicant to be present at the meeting. VOTE: 7-0 DISCUSSION TIME: 1 minute (3:13-3:14) 09-14-98 Page 22 90d. GEC~A NEGATIVE DEGLARATION (PREVIVUSLY-APPROVED) Approved 10b. CONDITIONAL USE PERMIT N0. 3545 (READVERTISED) Approved reinstatement for 3 OWNER: Lederer - Anaheim, Ltd.,1990 Westwood Blvd., #250, years Los Angeles, CA 90025 (To expire 4-22-01) Robert Weiss,1440 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: 1440 South Anaheim Boulevard - Anaheim Indoor Marketpiace. Property is 14.74 acres located north and east of the northeast corner of Anaheim Boulevard and Cerritos Avenue. To consider reinstatement of this permit which currently contains a time limitation (until September 21,1998) to retain the outdoor instailation of auto alarms and stereos, window tinting and tire rims and to expand the outdoor uses to include installation of auto accessories and upholstery, auto detailing and storage of plant materials within a total of 5,679 square feet of outdoor area in conjunction with a previously-approved indoor sH~apmeet. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-146 SR1070JK.DOC : FOLLOWJNG IS A SUMMARY QF.THE FLANNING COMMISSfON ACTION. (Commissioner E3ostwick announced he was abstaining from this item.] ApplicanYs Statement: Robert Weiss, General Manager of the Anaheim Indoor M;3rketplace, 1440 South Anaheim Boulevard, Anaheim, CA: Stated he is present to request a modificacion of their existing permit for their outdoor car stereo installation and tire and wheel installation. They had the outdoor batting cages but they have been removed because it was seasonal. Therefore they would like to use the space where the batting cages were to allow for more instaliation room for the tires and possibly an auto detailer and some auto accessory installation. It should be less of a use than before. THE PUBLIC HEARING WAS CLOSED. Investigator Tom Engle, Vice Detail-Police Department; On October 8,1998, there was a car show at this location. It turned out to be a very large problem for the Anaheim Police Department. There were approximately 6,000 to 7,000 people in attendance. The majority appea;ed to be associated with gangs from southern California. Every available patroi officer was at that site. Somewhere during this event that Mr. Weiss lease his parking lot to, there was a dance contest on stage, there were children present ard the girls took their clothes off. He referred to pictures and a polica report that verified those facts. The Police Department is very cancerned that the owners and managers of this marketplace shouid be aware of what is going on at their location. Mr. Weiss had authorized this event to happen on the property and ultimately could have been responsible for any prablems that may have occurred there. The Police Department and Code Enforcement brought this i`onvard to the Commission so they would know the events that are occurring on this property. They would request that this gentleman and his group from the Low Rider Magazine do not hold any further events at tnis property. Chairman Bristol: Asked Mr. Engle if the Police Departmeiit would like to condition that? 09-14-98 Page 23 investigator Tom Engle: He did not lcnow if they could condition specific individuals that request a sublease ~rom the applicanYs property for a weekend but he would like to include some language for these types of events that would prevent this type of activity from occurring. Selma Mann, Assistant City Attomey: Stated they may wish to hear what the applicanYs comment is regardlnc, to the event that look piace. Having a one time exhibition of this type of activity [the nude entertainers]. The nude entertainers at this point does not make this a sex-oriented business or subject to the requirement for a sex-oriented business permit because although they did display specified anatomical parts and apparently pertormed specified sexuai activities as defined in Chapter 18.89, it was not as a regular and substantial part of their business. However, the entertainers being nude in public does violate the City's nudity ordinance. The City has an ordinance that prohibits public nudity and would require a minimum of pasties and a g-string for entertainment a~d that wouid have b~en violated by the entertainment that was provided at this location. This is som~thing that would be difficult to condition with regard to specifics or specific individuais but any conditions that may be seen as appropriate would need to address the nuisance value and possibly the need for greater security on the property and the need f~r greater oversight by management on the types of special events that are going to be held upon the property; particularly since the operation would lend itself to having special events. ApplicanPs Rebuttal: Robe~t Weiss: Apologized for any problems that this event may have caused. This is the third or fourth car show af this rype of event that they have had. There probably were some gang members present. Gang members are also some of the customers of iheir business. They are in Anaheim and are part of society. They had alm~st 30 of their own security guards and an outside security force which is run by an off-duty Long Beach Police Officer. They had attempted to hired some Anaheim Police Officers for security but there is a police policy now that they orly provide such services for City-owned property. When they have these car shows they have a jumping contest, best car and show, and one of the events they have as part of this is the known as a"bikini dance" contest. They are not actually hired employees. They are girls at th2 show that come up and dance in a bihini. In the future he could prohibit that from happening. He ac;ually had warned the promoler and told him that especially since the Police were on the premises, to tell the girls not to take any of their clothes off. But the promoter did not have control over them and as a result two or three women did remove iheir tops, from what he understands. He could prevent that as part of any future events, if there are any car shows in the future. Commissioner Boydstun: Asked if they could add a conditiln that there will not be any more shows on this parking lot? Cornmissioner Koos: That shows wouid be allowed but perhaps nothing regarding dancing or bikini contest. 7he shows are successfuf on the merits of the activities of the cars, that is what brings peopie there. It is not the bikini contest. It is something that happened. Perhaps they can add a condition regarding dancing, etc. Commissioner Boydstun: The dancing is what lead to it. 7he flyers had the dancing advertised. Commissioner Koos: Actually that is what hP is referring to. If that part is prohibited and not prohibit all shows. Cheryl Flores, Senior Planner: Stated when the special event permit was applied for it was not indicated whatsoever that there would be bikini dancing. It might help if Mr. Weiss would look at the application before they approved it somehow because evidentialiy they were proposing activiry that was not shown nor approved for under the approval of the special events permit. Commissioner Esping: Asked who was responsible for the flyer that went out7 09-14-98 Page 24 Robert Weiss: The promoter put it out but he (Mr. Weiss) has a marketing director that works under him. He was aware of that. There had been bikini contests as part of the car show ovent. It is a popular part of it but it is not a make or break situati~n. 7here are more than one car show promoters. It usually happens at the very end of the day when most people are gone so there are just more of the young men ii7at are around that are there for Uiat type of thing. ~ Chairman Bristol: Asked for a clarification on what is an accessory installation? Robe~t Weiss: They put on window tinting, put on bumpers but it is not any kind of body work. Chairman Bristoi: On Condition No.16, page 6, the slats that they have now are wooden and are broken He susgested the applicant replace the wooden slats with PVC slats. Robert Weiss: He agreed with the PVC slats. Cheryl Flores: Condition No.14 should have a timing of within 90 days rather than prior to the issuance of a building permit because there probably would not be a building permit required as a part of this request. She also suggested add:ng a cor~dition that stated that this subJect project shall be developed substantiaily in accordance with plans and specifications submitted to the City of Anaheim by the petitioner which plans are on file with the Planning ~epartment marked Exhibit No.1, Revision No. 1, which would amend Condition No. 5 on Resolution PC92-113. Paragraph 6 is incomplete and it should refer to Resolution No. PC95-95 which has a condition of approval limiting the time perioa. The permit was granted for thren years, to expire on September 21, 1998. Chairman Bristol: Asked Ms. Flores regarding Condition No.17, would she recommend it be complied within 30 days or 90 days. Cheryl Flores: She thought they should remain at 30 days. Selma Mann, Assistant City Attorney: If the Commission is interested in placing a condition reydrding the entertainment, she felt, that should be framed in terms of having ente~tainment that does not violate the provisions of Chapter 18.89 or the prohibition on public nudity that is stated in Section 7.16.060 of the Code. The applicant should be aware that rep~ated violations of Code could subject the c~~ditional use permit to having it called up by the Planr'•ng Commission for modificatian or termination. uPPOSITiON: None ACTION: Determined that the previously approved negative declaration is adequate to serve as the reauired environmental documentation for subject request. Approved reirstatement of Conditional Use Permit No. 3545 for a period of 3 years. Modified Condition No.1 of Resolution No. PC95-94 to read as follows: "1. That this cnnditionai use permit shall expire on April 22, 2001, or in conjunction with the closing of the indoor swap meet, whichever occurs first:' Amended Resolution No. PC94-1a2 adopted in connection with Conditional Use Permit No. 3545 to inciude the following new conditions of approval 09-14-98 Page 25 10. That the proposed outdoor use shall be lim(ted to outdoor installation of auto alarms, stereos, window tinting, tire rims, auto accessories, upholstery and auto detailing includfng the outdoor storage (only) of plant materials and that at no times, shall the mechanicai repair of vehicles or paint and body work be permitted. 11. That the outdoor installation shall be screened from view at all times, to the satisfaction of the Planning De~artment. 12. That there shall be no outdoor storage of tools and equipment relating to the outdoor installation, unless approved by the Planning Department. 13. That the property owner shall pay the cost of Code Enforcement inspections as deemed necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State and local statutes, ordinances laws or regulations. 14. That within ninety (90) days from ihe date of this resolutfon, the legal prope~ty owner shall provide the Ciry of Anaheim an easement which varies in width in a location to be determined as electrical design is completed for public utiliry purposes. 15. That the unpermitted trailer located on the east side of the building shall be removed. 16. That the existing screen fence located to the wesi of the proposed outdoor uses shall be interwoven with PVC slats, and that "scrim" shall be provided on the back side of the fence to screen the proposed and existing work area from view. Said screeniny shail be subject to Zoning Division staff approval. The decision of the Zoning Division may be appealed to the Planning Commission. 17. That within thirty (30) days from the date of this resolution, Condition Nos.15 and 16 above mentioned, shall be complied with. 18. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No.1 of Exhibit No. 1, and as conditioned herein. 19. That any dancing or ac:ivities on the property in violation of Chapter 7.16.060 or 18.89 of the Maheim Municipal Code shall be prohibited. VOTE: 6-0 (Commissioner Bostwick declared a conflict of interest) Selma Mann, Assistant City Attomey, presented the 22-day appeal rights. DISf:USSION TIME: 17 minutes (2:45-3:02) 09-1 ~-98 Page'26 11b. WAIVER OF CODE REQUIREMENT Approved 11c. CONDITIONAL USE PERMIT 4048 Granted OWNER: Paui Terrence Kott and Lisa Lynn Kott, Trustees,1225 W. Lincoln Avenue, Maheim, CA 92805 Anaheim Family YMCA,1209 W. Lincoin Avenue, Anaheim, CA 92805 LOCATlON: 1209 West Lincoln Avenue - YMCA Administrative Offices. Properiy is 0.11 acre located on the north side of Lincoln Avenue,130 feet west of the centerline of Carleton Avenue. To construct a 43.5 square foot" marquee monument sign with waiver of permitted location of monument signs (deleted). ` Advertised as 55 square foot. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-147 e e • o • • ApplicanYs Statement: Paul Kott, 1225 W. Lincoln Ave., Anaheim, CA: Stated he is present as property owner and vice chairman of the Anaheim YMCA. 7his proposal is in connection with a sign request. There seems to be a little confusion and wanted to clarify any concerns Commission may have regarding the location of the sign as requested. Many years ago there was a nursery across the st;eet (where Norms Restaurant use to be), it was called Botts Nursery. Mr. and Mrs. Botts lived in this property. After they sold the property it was then inhabited by a massage parlor, then an account's office, then it went into default and became a foreclosure property. At that point he purchased the property approximately two years ago. (He submitted photographs. j The photos show that the actual sign location has been unchanged. It has been in its current location for approximately 25 years. It is his understanding that the marquee sign is being recommended by staff, however they have a problem with the fact that it is 14 feet from the eastern boundaries as opposed to being 1 Fi feet from the property boundary. Those two added feet from the property line would place the base of the sign directly over the water line to the structure. He did not know this until this past weekend. [Referencing the photos.] The first photo shows the sign base as existing. The second photo will show where they would like the sign to be. Photo shows the water meter and where it does into the main. Photo four shows the property as it exists. There is a dual hardship. They have tried to tastefully rehabilitate this property. This property was an eyesore compietely biighted by overgrowth of landscape. It had bars on all the windows and had graffiti all over it - a real disaster. When ne and his wife completed it earlier this year they received the Anaheim Beautiful Award {which he displayed the plaque to the Commissioners from the podium). Ther~fore, they are asking that they not be required to move the sign location as it would create not only an economic waste but every time they would have a plumbing problem it would require the access to the main line, which means the sign would have to be torn out each time. 09-14-98 Page 27 THE PUBLIC HEARING WAS CLOSED. Cheryl Flores, Senior Planner: On Condition No'. 5, staff would like to suggest that the changeable sign copy be limited to YMCA or similar community servico events or messages only. Chairman Bristol: Suggested deleting Condition No. 4. OPPOSITION: None ACTION: Concurred with staff that the proposed project falis within the definition of Categorical Exemptions, Class 11, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirements to prepare an EIR. Approved Waiver of Code Requirement Granted Conditional Use Permit No. 4048 with the following changes to conditions: Deleted Condition No. 4 Modified Condition No. 5 to read as follows: 5. That the proposed sign shall be properiy utilized and that !he changeable sign copy shall be limited to YMCA or community serv~ce events or messages only. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 10 minutes (3:03-3:13) 09-14-98 Page 28 MEETING ADJOURNED AT 3:25 P.M. TO MONDAY, SEP7EM8ER 28,1998 AT 10:30 A.M. FOR A CONTINUATION OF THE CITY ATTORNEY'S WORK SHOP REGARDING CONFLICT OF INTEREST Submitted by: ~.~,o~a~ Ossie Edmundson Senior Secretary 09-14-98 E'age 28