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Minutes-PC 1998/10/26~,: . _ ~un~n~A~~~c~ian~ a~~n~~~ CITY 0~ ANAI~EIM Pl~Al~NI~J~ C4MMISSION IVIEE~"INC~ MONDAY, OCTOBER. 26; 1998 10:00 A.M. • PLANNING COMMISSION EDUCRTIONAL WORKSHOP, PART II. • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND lSSUES (AS REQUESTED BY PLP~NNING COMMISSION) • PRELIMINARY PLAN REVIEW 1:30 P.M. • PUBLIC M~ARING TESTiMONY COMMISSIGNERS PRESENT: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, ESPING, NAPOLES AB~~=NT: WILLIAMS STAFF PRESENT; Selma Mann Assistant City Attorney Greg Hastings Zoning Division Manager Cheryl Flores Senior Planner Linda Johnson Senior Planner Della Herrick Associate Planner Don Yourstone Senior Code Enforcement O~cer Alfred Yalda Principai Transportation Planner Ramona Casta~ieda Project Manager, Community Development Pe4er Gambino Associate Civil Engineer Margarita Solorio Acting PC Support Supervlsor Ossie Edmundson Senior Secretary 10-26-98 Page 1 I'TEMS OF PUBLIC INTEREST: None REPORTS AND RECOMMENDATIONS A. a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved b) CONDITIONAL USE PERMIT td0. 4035 - REVIEW FOR LANDSCAPE Approved with the PLAN REVIEW: Alireza Bahrami, 329-331 North State College replacement of tha Boulevard, Anaheim, CA 92806, requests review and approval of final bushes proposed landscape plans (to permit an automobile sales lot with a maximum of on south propert}r five (5) vehicles on display). Property is located at 329-331 N~rth State line witli trees College Boulevard. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner PJapoles and MOTION CARRIED (Commissfoner Williams absent), that the Anaheim City Planning Commission does hereby determinp that the previousiy-approved n~:gative declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bostwick off~red a motion, seconded by Commissioner t~apoles and tv10TI0N CARRIE~ {Commissioner Williams absent), that the Anaheim City Planning Commission does hereby approve the submitted landscape plan with the replacement of the si~; ficus bushes proposed adjacent to the southern property line with six minimum 15-gallon trees based on the deteri ~~ination that #he proposed plan meets Code requirements and the ~onditions of approval regarding landscaping requirements. SR7257TW.DOC Cheryl Flores, Senior °lanner: Stated in paragraph 6 of the staff report it mentioned there is a planter 5 to 20 foot wide along the western property line. It should be described as 5 to 10 feet wide planter. ApplicanYs Statement: Alex E3ahrami, owner: He submitted the landscape plans and is requesting approved. Cheryl Flores, Senior Planner: The applicant states that those will be bushes along the southern property line., adjacent to apartment units. Staff would prefer trees to provide a screening between the commercial praperty and the apartments to the south. Alex Bahrami: Agreed that would be fine. 10-26-98 Page 2 B. a) CEQA NEGATIVE DECLARATION (PREV -APPROVEDI Continued to b) CONDITIONAL USE PERMIT NO 4000 - REQUEST R~VIEW AND 11-23-98 APPROVAL OF FINAL PLANS: Kaufman and Broad, Attn: David Nutchins, 36 Technol~gy, Suite 150, Irvine, CA 92618, requests review and approvai of final landscape, fencing, building elevation, sign location, playground equipment, and window treatment plans for a previously- approved 57-unit detached candominium development. Property is 112- 21 S South Brookhurst Street. Continued subject request to the November 23,1998 Planning Commission meeting for the applicant to submit revised plans conforming to conditions of approval. SR6908DS.[ Cheryl Flores, Senior Planner: This is a request for a review of final plans. Staff reviewed the plans and found that there were some areas that were not addressed that were required by the conditions of approval. Those areas are shown in paragraph 18(b) of the staff report, Staff recommends approval however they feel that it would be better if the applicant would make these corrections and return to the Commission again before being approved. AoplicanYs Statement: David Hutchins, Kaufman and Broad, 36 Technology, Irvine, CA: He did not attend the morning session but had read the staff report. Chairman Bristol: There was discussion in the morning session about revising the plans to avoid discrepancies. David Hutchins: Ne wanted to discuss the front yard landscaping requirements. The conditions of approval request all common areas to be landscaped. The front yards will be an exclusive use easement. Each homeowner will be responsible for their front yard landsc~ping. There will be a control of that by the CC&R's that limits them to 60 or 90 days from ciose of escrow where they would need to have landscape improverrients installed. Cheryl Flores: Referring to Condition No. 30 of the Resolution No. 98-112 (attachment to the staff report) that it was the intent that all of the landscaping except landscaping not visible to public and private streets would be installed by the developer. The homeowners association will eventually maintain it but the intent was that the developer install it. David Hutchins: The resolution stated "common landscaping" which they interpreted as meaning the common area. They may install front yard landscaping but would like to have tha option to allow the homeowners to do it. Cheryl Flores: This is something thst started out at City Council on some other projects because there were detached RM-3000 homes being put adjacent to the singie ~amily that it made the enhancement of the landscaping a better project for the surrounding land uses. Chairman Bristal: There was a comment at the morning session regarding the rear and side elevations submitted that they are very barren. David Hutchins: They will be glad to enhance it. They purchased this project from the Olson Company and understood that all elevations had previously been approved. They ha;re no problems adding enhancements to the ones exposed along Brookhurst. 10-26-98 Page 3 ~~`~ ~f 5,..: ~t:;:'~~.:... ~. . ~ 4~: ~~.F:~.~~,: . . I~'~~:'-~ ~~~ .~ Commissloner Bosiwick: He understood that the plans that the Olson Comnany had were enhanced but the plans that were submitted to Commission were not enhanced. David Hutchins: Thay copied the Olson plans exacGy. The only change they have made to the plans is addfng trees along the southerly perimeter. They wili be glad to ad~ enhancement to the rear of the homes. It is possible their architect may have misinterp~ eted some of the conceptual plans but it is their intention to not change anything. Cheryl Flores: The originai plans were much the same as what the aFplicant has submitted. However, the condition of approval was implied so that they would be enhanced by the time final plans were reviewed. She asked that the applicant address all the items on paragraph 18(b) to the final plans and recommended a continuance to November 23,1998. C. a. ENVIRONMENTAL IMPACT REPORT NO. 313 (PREV: CERTIFIHD) Approved b. FINAL SITF PLAN REVIEW NQ 97-14 - REQUEST FOR REVIEW AND Approved APPROVAL OF A FINAL SITE PLAN: Convention Center Inn LTD, c/o Ashik Patel,1734 South Harbor Boulevard, Anaheim, CA 92802, requests review and approval of a Final Site Plan, to develop a 5-story, 351-room hotel complex consisting of Ltie construction of 228 new hotel rooms and renovstion of 123 existing hotel rooms. Property is located at 2017 South Harbor Boulevard and is within the Anaheim Resort Specific Plan Zone (Convention Center Inn). ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Boslwick and MOTION CARRIED (Commissioner Williams absent), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR 313 is adequate to serve as the required environmentai documentati~n for subject request. Commissioner Boydstun offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioner Williams absent), that the Anaheim Ciry Planning Commission does hereby approve the Final 5ite Plan (identified as Exhibit Nos. 1 through 30 on file in the Planning Department) on the basis that the Final Site Plan is in conformance with the Anaheim Resort Specific Plan No. 92-2. ~.,-,,,.,,~ Linda J4hnson, Senior Pianner: This is a finai site plan request for the development of the 5-story 351- room hotel complex consisting of the construction of 228 new hotei rooms and the renovation of 123 existing hotel rooms. Staff reviewed the submitted site plans, elevations plans, floor plans, landscape, irrigation plans and sign plans and found that they are all prepared in complianca with tne l~naheim Resort Specific Plan requirements. Staff recommended approval of the final site plan. 10-26-98 Pag~ 4 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLAftATION (PREVtOUSLY-APPROVED) Approved 2b. COND1710NAL USE PERMiT N0. 3939 (READVERTISED} Approved, in part OWNER: Changiz Zomordian and Rebecca Zomordian, 25105 Mustang Drivs, Lagur.a Hills, CA 92653 LOCATION: 301 South t~naheim Boulevard - Arco Service Station. Property is 0,93 acre located at the suuthwest corner of Broad~vay and Anaheim Boulevard. To consider amendment or deletion of conditions of approvai pertaining to retail sales of beer and wine for off-premises consumption in conjunction with a previously-approved service station including a convenience market and a drive-through car wash and two fast food restaurants. Continued from the Commission meeting of October 12,1998. CONDITIONAL USE PERMIT RESOLUTION M0. PC98-166 -~-, :.y .;FQi:LOWING IS ASUM_MAR.Y OF;THE'PCANNING COMMISSION ACTION.. (Commission BosPwick abstained from this item.j ApplicanYs Statement: Paul Kott, 1225 W. Lincoln Avenue, Anaheiir~. CA: He is represEnting the applicant who is requesting to modify the previo~sly-approved conditional use permit pertaining to the retaii sales of beer and wine for off-premises consumption. (He submitted a spiral bound booklet which summarized some similar businesses near subject property.]. This property was recently developed into a convenience market, gas staticn and car wash. It has turned a depressing cerner to a"beacon of light" for the neighborhood. He reference that in the booklet there are three other AM/PM Arco stations that do not have the type of architectural design, etc. that the owner did at this subject station. The applicant is very active in community relative to civic and community functions as well as recently acquiring the contract to v~ash the City vehicles (including polica cars) in the car wash. The a~plicant is reyuesting modifications to conditions ihat were imposed. The conditions that were imposed were such that disallowed him to sell single servings of beer and no retail sales for off-site consumption of alcohol after 10:00 p.m. Most of those surrounding retailers are open beyond the 10:00 p.m. that is allowed, with one exception the Ibarra Market. In their booklet, the~e are several retailer very near the proximity to subject property that have been allowed rr~uch more flexible hours and conditions relative to those types of sales. Changiz (Jerry) Zomordian: When he originally came to apply for a conditional use permit some of the City staff had some concern about this corner including sales of beer and wine. He has complied with all of the c~nditions of approval (over 40 of them) that were imposed on the project. This project has turned the propcrt~ f~:,m any "eye sore" to a nice corner bu~iness that is generating Jobs, sales tax for the Ciry. The building is one of the nicest gas stations in the City of Anaheim, according to his customers. They have spent a lot of time and money to make sure their station is sea~re and their employees are well trained. 10-26-98 Page 5 The gas station has a sophisticated security system; it is so advanced that they have let the police department use their state-of-the-art securiry system. Their location is also well lit and has trained their employees that under no circumstance are they to sei! beer and wine to anyone intoxicated or any possibility of misuse. When customers come to their service station they expect that their hours are the same hours as the majority of ihe station in the area. Their gas station has more restrictions imposed than any other station in the area, according to police department reports. Customers are very frustrated when they do not sell beer and wine during the same hours as the other businesses. Customers also ask to purchase as a single can or bottle and not the wnole pack. For those who do buy tf~~e six-pack there is no security key that prevents them from drinking in the car. Customers wh~ want to purchase singles go nearby to the market or Vons and purchase their beer, which hurts this business. They sl~ould have the same opportunities the other stores in the area have to sell wine and beer, from 6:00 a.m. to 2:00 a.m. and to be able to sell single cans or bottles. He has no plans of selling this station. He asked that Commission grant his request to sell beer and wine from 6:OC a.m. to 2:00 a.m. and to sell single bottles and cans, as do the other stations, super markets and retail stores in the area. Paul iCott: He concluded the presentation by indicating that the applicant is merely requesting that he be provided the same opportunities as others that had been granted more flexibie hours, etc. with regard to selling of single cans of beer as opposed to making a custo~er purchase an entire six-pack. Also to have hours until 2:00 a.m. to be able to sell. Rebecca Zomordian: Stated she is Mr. Zomordian's wife. When they started the gas station they worked very closely with Arco to create a marketing strategy that is family-friendly. It was nut their intention to sell a lot of beer and a lot of wine but wanted !o do a good business and be an asset to the community and to the City. They do not sell cigareites in open containers and any of the ofher things that would attract a lot of vagrants. They also make sure that anyone loitering must move on. During the day they have a lot of business people as customers and in the evening people will come with children in strollers, kids on bicycies, come and have their dinner there and walk home, which they are very proud to provide to the neighborhood. She requested that Commission grant their request. l'HE PUBLIC HEARING \NAS CLOSED. Investigator Tom Engle, Vice Detail-Police Department: The location has been open now for a few months. There have been no calls for serv;ce. The Police Department performed an analysis of all the gas stations in the area serving alcohol. They prepared the rsport and forvvarded it to the Planning Department as a guideline of the present status of service station conditions in the immediate area. [See the report as a memorandum from Lt. Jim Flammini to Greg Hastings, Zoning Division Manager.] They initially looked at all the service stations in the City of Anaheim that served alcohol, of which there is approximately 22. From that point they broke it down even further to get into the genp: ai vacancy of the applicanYs location. Of those 22 service stations that did sell alcohol, only 4 of the•,~ had restrictions upon them as far as hours of sale and single can sales. The area of concentration was then reduced and ended up with the service stations in the vicinity of East Street to the east and West Street to the west. Of those 6 service stations in that general vacancy only 2 of them (the applicant and a Chevron service station at Harbor and Ball Road) has conditions on ihem as to their hours of saies and their singie sales of cans. Of these two that have conditions to seil beer and wine, the crime rate for the subjeat property has 84% above average crime rate and the Chevron is 170% above average. The Planning Department is recommending to City Councii that they look at the overall City again and come up with more concrete guidelines regarding service station conditions regarding alcoholic beverage are concerned. 10-26-98 Page 6 Chairman Brisfol: The applicant came a few months ago and Commission had a very difficult time approving this use, then a few month later the applicant wants to extend the hours and change the conditions of approval on alcohol when hey had a difficult time approving this site. Changiz Zomordian: At that time he was not aware that it would cause a conflict. A customer has ceme in and broken his cooler twice to force open the cooler because they said they have not seen any 10:00 p.m. restriction on any business. Asked if the single can is so dangerous then why doesn't ABC put restrictions on this? He feeis he can not be blamed for the problems that exist in socieky. Chairman Bristol: He makes a good point but the reasoning for that, in checking with the police department, was the fact that people do drink and drive which is typically irom a gas station. Changiz Zomordian: He feels the image of the gas statfon has recentiy been changed. The gas station is more a convenience store. The customer can purchase most items that can be purchased at any grocery st~re. It is hasically one stop shopping store. Commissioner Koos: ff the business listed in the ~pplicanYs booklet were to come before Commission now what would the Poiice DepartmenYs recommendation be regarding their hours of operation? Would it be similar to the applicanPs bus?ness? Investigator Engie: If these business were io come before Commission now the Police Department wouid not be giving a recommendation for hours of operation. The Police Department's current poiicy now is to present the Pla~ning Department and Commission with the amount of crime rate in the crime area and the need for public convenience and necessity only. Commissioner Koos: He questioned whether Commission wants to move in a certain direction to accommodate the applicant based on pre-existing situations. Cheryl Flores, Senior Planner: On the memorandum from the Police Department this station at 301 S. Anaheim Boulevard is the oniy one of six statiuns shown that is in the Redevelopment Area, Romona Castar~eda, Community Development Department; They are recommending deniai of this request because they do not feel this is consistent with the Redevelopment goals to reduce the amount of liquor being sold throughaut various retail centers in their project areas. Chariman Bristol: Asked Mr, Zomordian if he had seen staff s recommendation (page 3) of a continuance for four weeks on this item? Chargiz Zomordian: He has a1re~~y had one continuance and simply wants to return to his business. This project has cost him a lot of time and money. He has done a very good job for the City of Anaheim but he has not received any appreciation especially from the Rerievelopment Ac~ency. Simply because this property is in the Redevelopment area it should not be so difficult to do business. Commissioner Boydstun: Complimented Mr. Zomordian for building such a nice looking station and !~e dici not question the terms at the time. She could see where longer hours might definitely help his business. She does not have a problem with that but every station for over a year that has come in, Commission has put the requirement on it of ihe six-pack, :.'he strongly believes in the sta#istics from the Police Department. Changiz Zomordian: Asked what about giving him one year contingency to let him operate his busines~? Commissioner Boydstun: They have not given that to anyone else. They have imposod that on everyone for the last year. If Commission gives him a one year contingency then everyone eise is going to want this. She does believe Mr. Zomordian is going to keep his business and is going to work to keep it a good business but there is no guarantee that someone else that purchases it is going to do the same. 10-26-98 Page 7 Changiz Zomordian: He has respect for ihe Commission and will accept decision. Sinoe he started this project it has taken a lot of his time. He feels he has a disadvantage with the rest of the competition. Commissioner Boydstun: When they change a law it needs to be consistent and applicable to everyone. Chairman Bristol: Asked what the crime rate statistics were when this project was approved? Cheryl Flores: The memorandum from tho Police Cepartment, dated June 4,1998, states it was 62°/a above average. Commissioner Boydstun: They are now 84% above average. Changiz Zomordian: He preferred Commission vote on his request today rather than a continuance. Chairman Bristol: Informed Mr. Zomordian that staff is going to present information regarding this entire use in about four weeks. His impression is that Commission does not have a problem with the extended hours but is concerned with the issue of single cans and bottles. Changiz Zomordian: If he can get the hours extended then he can wait for the issue of singlES. Commissioner Koos: He would feel more comfortabie waiting for the full policy report than voting for it today. Cheryl Flores: In Redevelopment's prior memo, they did recommend denial of singles in June 1997. Rebecca Zomordian: They had another situation with car stereo store and it was a similar circumstance and they apprcved the CUP for 10 or 15 years, when their lease expired. Due to pricing of their alcoholic beverages, they do not have vagrants coming in and purchasing beer and wi^~. Changiz Zomordian: if they approve the hours for now, if their repori from the Planning Department is positive, then he will return to extend it. Commissioner Koos: It would actually take longer than fc~ur weeks because it is being recommended to City Council. Cheryl Flores: It depends how it was drafted and how many times it had to return for revision. It could take langer than four weeks. Staff would like Commission to let them know their feelings on whether the four potted palm trees along the north elevation meet Commission's approval as welf the two benches that have also been placed on the north elevation that were not shown in the original plans. Paul Kott: They had other items that were not acceptable and they now have replaced those with wrought iron. 7here were also some trees that were requested. Apparently thQy went to the nursery to purchase those trees and the nursery employees said those trees are 40 feet t~~ll, so he has changed to a different type of tree. He is willing to divide the request to extend the hours until 2:00 a.m. and then to withdraw the singles request. Selma Mann, Assistant City Attorney: Suggeste~ putting a time limitation on the modification so it would be for a set period of time. If there were a change and Council was to recommend that all of the gas stations in the City should not be permitted to sell alcohoi beyond midnight, that it would not necessary to recall the entire conditional use permit but it wouid expire on iYs own terms and couid be modified at that time. During the voting: Paul Kott: Asked for a clarification. What if for some reason there is no report in 6 m~nths, where would it put this issue7 10-26-98 Page 8 Commissioner Boydstun: Staff informed Commission they will have this report within 4 weeks. That is why she conditioned it for 6 mor~ths to allow for ample time. Paui Kott: If it does not appear within 6 months what happens to the applicarit's site? Commissioner Boydstun: Suggested adding that if there is no change in the ordinance at the end of 6 months that this stays in effect (until 2:00 p.m.). Selma Mann: It would be cleaner to have an ending to the modificati~n because it would be clear that it would expire. They wouid have to come in for reinstatement of tha modification. If they wish to fashion a condition, they could probably fashion a cordition that only the clos;ng hours of operation are changed subject to adoption of a council policy and pursuant to the Council Policy the recommendation is for closure of an hour prior to 2:00 a.m. That the applicant stipulates that the station will close at ihe earlier time. Commissioner Etoydstun: If it is an ordinance that is enforceable with everyone. Selma Mann: It would most likely be a Policy not an Ordinance, The only way to effect the existing stations would be if the ~olice Department had information in conjunction with the information that was presented to the Council or as a study that they had done that in the areas where there was unlimited unrestricted sales of alcohol thaY there had been greater increase in crime. There were similzr findings with regard ;o health and welfare that the stations and other uses that have conditional use permits could be called up for modification of the conditions and have those conditions imposed. It woulci be a matter for callinc~ them up one at a time and the having to make the find~~igs for modification. Commissioner Boydstun: Recommended leaving the hours extended from 8:00 a.m. until 2:00 a.m. If it ;:hanges then the applicant can get cailed up with all the others but he should not be automatically effected because that is not Fair. Paul Kott: Asked for a clarification. He was not certain on the 6 month issue. Commissioner Boydstun: Recommended removing that since it is not fair to impose this on the applicant and not everyone else. OPPOSITION: None ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmEntal documentation for subject request. Approved, in part, the request to amend the conditions of approval of Candi!ional Use Permit No. 3939. Amended Condition No. 37 of Resolution No. 97R-137 ~o read as follows: "37. That sales of beer and wine shall be permitted only between the hours of 8:00 a.m. to 2 a.m " Accepted the request for withdrawal of the portion for the sale of single cans and bottles of beer. VOTE: 4-1 (Commissioner Koos voted no, Gommissioner Bostwick declared a conflict of interest and Ccmmissioner Wiliiams was absent) Selma Mar!n, Assistant City Attorney, presented the 22-day appeal ric~hts. DISCUSSION 71ME; 45 minutes 10-26-98 Page 9 3a. CEQA NEGATIVE DECLARATION ~pprovea 3b. WAIVER OF CODE REqUIREMENT Approved 3c. CONDITIONAL USE PFRMIT NO. 4050 Granted, in part (Denied beer and wine sales) `sd. DETERMINATIOM OF PUBLIC GONVENIENCE OR NECESSITY Withdrawn NO.-98-07 OWNER: Pietro Trozzi and Maria Trozzi, 9471 Gateshead Dr., Huntington Beach, CA 92646 AGENT: David E. Harper, AIA,1321 W. Cerritos Ave. #15, Anaheirn, CA 92802 LOCATiON: 3240-3268 West Lincoln Avenue - CentraUa Center. Property is 1.49 acres located east and south of the southeast corner of Westchester Drive and Lincoln Avenue. Conditional Permit No. 4050 - to establish conformity with existing zoning code iand use requirements for an existing commercial center, a 2,200 square foot meat and produce market, a 2,340' square foot convenience market with sales of a~coholic beverages for off-premises consumption'* and to permit the sales of beer and wine for on-premises consump4ion within an existing 5,005 square foot billiard hall with waiver of minimum number of parking spaces. Determination of Public Convenience or Necessity No. 98•07 - to determine public convenience or necessity to allow the sales of beer and wine for on-premises consumption within an existing biUiard hall. Continued from the Commission meeting of October 12,1998. " Advertised as 2,610 square feet. '" InadvertenUy umitte~ : om advertising; however, same ~xisls as a non-con(ortning use. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-167 SR1078JK.DOC FOLLOWItQG`IS-A SUMMARY OF'.THE'.PLANNIPtG COMMI~S{ON' ACTION, :..' ApplicanYs Statement: David !-larper, architect,1321 West Cerritos #15, Anaheim, CA: The applicant is requesting that they be allowed to serve beer in their existing billiard hali. This uilliard hall is owned and operated by the family who owns the shopping center. They sell piua for the billiard players. They request that their clies~fs only to be allowed to have a glass of beer with the piua as they are playing billiards. It was brought to tt~eir attention that there are other billiard halls on Lincoln Avenue that serve beer within the billiard hall. The beer would not be taken out and would be in conjunction with their customers who want to play billiards. They have a security guard outside af the `acility to monitor the outside. In the staff report it was requested that the applicant provide more landscaping, monitoring of exterior signs, maintenance, etc. which the applicant will do. The reason that they have not proceeded with landscaping io this point is that they do not know what will happen with the existing vacant gas station at the corner. 10-26-98 Page 10 Opposition: Mark Hclkin,1~5 Westchester, Maheim, CA: He was disgusted by the Mr. Harper's testimony. Whon his seventeen-year-o:d son went there a prostitute propositioned him. The security guards are drinking with people in the parking lot. He is a long term resident there. They had beer at that billiard hali ir~ the past; they could not control it and lost their beer license. He does not want to see it there. He wants to see that shopping center cieaned up. He referenced 46 pages of a crime report that he obtained ofi that area. (He submitted the crime report into the record.J He expects there will be more crime, there are gangs that will frequent this center and it will not be safe for the residents. He feels it has not worked in the past and it is not going to work in the future. Betty Wittick (spelling not given),138 South Westchester Drive, Anaheim, CA: She represents ACP Property Management Company, who are the owners of a large apartment complex in the same area that this shopping center is located at. They have 424 units on three streets. She has been there as a property manaa~r for five years and has seen what goes on this neighborhood. She worked very hard and so have the owners of the complex to make thi~ a better neighborhood. She sees the condition of the shopping center as needing repairs desperately. There is currently a liquor store that sells liquor and there is also a bar there. There are problems there with gangs and drug~ bei~g sold outside on the premises as ~vell as in the alley behind the shopping center. She asked Commission to please deny this permit. Judith Ann Gollette: Stated she is a member of WAND. This is in the Redevelopment Area and asked ihat Commission deny this requesi. There is a problem with prostitution and drugs. Ti~is is why they have been trying to get a Police substation in that area. Maria Trozzi: She is the owner of the billiard hall and Mr. Harper is her representative. There has been a problem with the center in the past but she has been there 6 years and she personally is there from the time it is open until it is closed at night. There were problems in the past with people loitering and drugs and prostitution but she feels over time it has become a better shopping center. She felt that this particular billiard hall does not create a lot of the problems that exist in that shopping center. She felt rather shocked from the testimony given because she is there continuously at night as a~voman and feels Qhat the area is not as bad as what is being represented there. ApplicanYs Rebuttal: David Harper: The billiard hall did have a liquor license before and when the operators of the billiard hall (the father of the family) died, his client then took it over. Things have happened in the past which are not good, yet presently he has not seen any of the thing~ that were referred to. His client would increase the security by two additional secur~ty officers to see to it that everything would be maintained and run on a regular basis. The applicant does have clients that come and play billiards, eat piua and would like to have a glass of Ceer. They are not the kind that wants to go out and drink in the parking lat. THE FUBLIC HEARING WAS CLOSED. Chairman Bristol: Asked Ms. Flores whether a determination of public convenience or necessity is required? Cheryl F~ares, Senior Planner: It is no longer necessary for the Commission to make a determination of public convenience c,r necessity. That would be done by the ABC, when they issue a license if this is approved. Chairman Bristol: Ask~d what the percentage above average crime rate is in this district? Investigator Tom Engle, Vice Detail - Police Department: The present crime rate for District 1714 is 353% above average. It is the second highest crime rate in the City of Anaheim. 10-26-98 ~age 11 Comrt~;;s:ioner Bostwick: Asked if the pizza portion is part of the fast food rsstaurant or (s it an additlonal use that is being introduced at thls time? Cheryl Flora:s, Senior P!anner: The pizza portion is already existing within the bi{liarr~s facility. The initial request was for beer and wine in the billiard facility; however, it appears they want beer only in the billiard hall, Commissioner Boydstun: Asked if the Police Department has any (dea of the number of cails to ihis area? Investigator Tom Engle, Vice Detail - Police Department: Fle did not have the statistics with him of the whole area. 7here were over 30 ca!!s for service to the billiard hali it~slf and the location next door was 10 for the year. The Police Department is not going to dispute any testimony that the citizens have stated. It is in a high crime rate area and there is prostitutior an:i gang activity that has uccurred. Cheryi Flores, Senior r'lanner: Suggested adding a condition that the praperty owner submit plans to refurbish the existing freestanding sign. To remove any portions of this sign which no longer pertains to the properry, which could retum as a Report and Recommendation iter: ~ for Commission to review. Condition No. 23 pertains to outdour storage, that no outdoor storage displsy or sales of inerchandise shall be permitted outside the building. She suggested that this condition be added under the "meat and produce markeY' as well. Commissioner Bostwick: Condition No. 4, that any existing or future pubUc telephone shali be located within the buildir.g. H2 suggested it be added the convenience market, meat and produce market and the billiard hall. Commissioner Bostwick: Suggested that the applicant wark lvith the neighborhood to clean it up and work to reduce the crime in the zrea. OPPOSITION: 3 people spoke in opposition ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted, in pa~t, Conditionai Use Permit N~. 4050 denying the sales of beer and wine for on-premises consumption within an existing 5,005 square foot billia;d hall and with the following changes to the conditions of approval: Added the following conditions to the "Commercial center:" That within thirty (30) days from the date o'this resoiulic~n, final sign plans showing a refurbished free-standing sign with the removal of any portions of the sign that no longer pertain to the property shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Added the following conditions to the "Convenienc9 market with sales of alcoholic beverages for off-premises consumption": That sale of alcoholic beverages for off-premises consumption shall be permitted only between the hours of 8:00 a.m. to 11 p.m. That any existing or future public telephone(s) shail be located within the building. Existing exterior telephones shall either be removed or placed within the building. Added the following condition to the "Meat and produce market": 10-26-98 Page 12 J~ ~_~'~ ~.::; .., ~ ~.'"~~ ~' . . ~'. ti That any existing or future public telephone(s) shall be located within the buildina. Existing exterior telephones shall sither be removed or placed within the building. That na outdoor ~torage, display or sales of any merchandise or fixtures shall be permitted outside iha building. Added the follawing condition to the "Biiliard hall": That any existing or future public telephone(s) shali be located within the building. Existing exterior telephones shall either be removed or placed ~vithin the building. That the sales c~f beer and wine shall be prohibited. Deleted Condition Nos. 25, 27 and 33. Modified Condition No. 35 to read as follows: 35. That within thirty (30) days from the date of this resolution, Condition Nos.1, 4, 5, 7, 8,17, 30, and 31, above mentioned, shall be complied with. 37. That prior to commencement of the activity au',horized by this resoiution, or within a period of one (1) year from the date of thfs resolution, whichever occurs first, Condition Nos.13 and 34, above mentioned, shall be compiied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Further, if an extension af time is requested for the alcohol sales portion of this request, it shall be considered at a noticed public hearing. ACTION: Commissioner Bostwick offered a motion, seconded by C9mmissioner Napoles and MOTION CARRIED (Commissioner Williams absent), that the Anaheim City Planring Commission does hereby accept staff s request to withdraw the Determination of Public Convenience or Necessity No. 98-07. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 31 minutes (3:36-4:07) (T,here was a break following this item.] 10-26-98 Page 13 4b. CONDITIONAL USE PERMIT NO. 4064 11-9-98 OWNER: Walter Friedman Trustee, WRBL Trust, 9 Goodyear, Irvine, CA 92618 AGENT: Eller Media, Attn: S. I. Casti11~,1550 W. Washington Blvd., Los Angeles, CP, 900U? LOCATION: 1107 North Brookhurst Street • Guerrero Auto Repair• Property is 025 acre located at the northwest corner of Brookhurst Street and La Palma Avenue. To permit the construction of two (2) 36-foot high, 300 square-foot biliboards. Continued from the Commission meeting of October 12,1998. CONDITiONAL USE PERMiT RESnLUTlON N0. • • • • • • Chairman Bristol: For the record, correspendence was received opposed to this request. ApplicanYs Statement: Walter Friedman, 624 Barnsdale Street, Anaheim, CA: He forwarded to Commission a copy of a letter that he received from Associata Planner, Majid Amadi, which he felt is a written "promise" regarding these issues. The I~tter dated February 1995, states, "Dear Mr. Friedman: The City of Anaheim has adopted the policy which grants any property effected negatively by act of taking of governmental authorities a grandfathered status to the extent that it has become non-conforming due to the act of taking and will be permitted to remain and operate accordingly." in early 1955, Caltrans approached him and they informed him that they were going to have to take a certain portion of this property in order to accommodate the freeway widening. He was concerned about how this partial taking would effect his ability to use the remaining portion of his property that they were not taking after the taking. He contacted Mr. Amadi and explained his situation and asked how he could use his property subsequent to the taking. Obviousl}r that determination would directly effect how he would negotiate with Caltrans. He told Mr. Amadi that he wanted to use the property after the taking as it had been used before the taking. He submitted a letter to Mr. Admadi. Mr. Amadi stated he would respond in writing, which is the letter that A4r. Friedman forwarded fo Commission. Basically this is an issue of fairness and equity. The City has promised hirn that he can reinstall his signs. This is not a new installation. These signs have existed on the property since they acquired it in 1983 and to the best of his knawledge existed on the property approximately 20 years. All he is asking to do is reinstall old signs onto the private property held by a trust. It is a situation of a reinstallation. It is not a new sign installation. The other issue is that he relied on this document when he negotia:Ed with Caltrans and he was operating under the assumption that after the reconfiguration of the property and the taking by Caltrans that he could simply reinstall his signs and proceeded accordingly. He posed the question to the Commission, how would they feel if they wrote a letter to their City officials, the Planning Department, posing a question on how a taking would effect him and how he could use his property. 7hey send him a letter stating, "Yes, 10-26-98 Page 14 Mr. Friedman you can use your properly after the taking. It is grandfathered, no problem " He has a letter in his possessian. Then three years later comes along and now the City says they are not going to go along with our written word. They are just going to decide that they do not want to let him use the signs anymore. He is really dismayed. Secondly, he was very apprehensive about allowing the tenant, Eller Media, to even make an application for this conditional use permit. It is his contention that no CUP was even required with this letter. That it was a matter of reinstalling an existing pre-approved item. He urged the City to reconsider and to c~rant him the right to reinstall his old signs back on his reconfigured property after the Caltrans taking. He urged the City to please honor its written commitment to him. THE PUBLIC HEARING WAS CLOSED. Ramona Castar~eda, Community Development: In a conversation with the Caltrans officials, Caltrans stated that they paid the billboard company the cost to remove each billboard and a goodwill settlement which represented the discounted stream of 2nticipated revenues which each billboard would have generated. In addition, Caltrans officials also confirme~ that the property owner was compensated based on permanent loss of the rent receipt from the biliboard company for this location. From Community DevelopmenYs perspeciive they are recommending denial of this request. It is not consistent with the goals and objectives of the Redevelopment Plan. They are also working on current legislation ihat will prohibit the construction of any billb~ard in this project area. Chairman Bristol: The applicant forvvarded to Commission a letter that they happened to see at the morning session and asked Ms. Mann to explain this letter7 Selma Mann, Assistant City Attorney: It is her understanding that the City does have such a policy. Where a use is changed by virtue of the fact that there was a taking of Caltrans that the use would I~e permitted to continue. For example, if some of the parking in the front of a property is taken by Caltrans that the property owner will not then be required to come in and get a parking waiver for their property, it can continue operating. That if the setback requirement is no longer met because of a taking that the applicant will not be required to move a building to conform to setback requirements. This is certainly not intended to mean that a non-conforming use could be placed in another location as a part of this policy. The letter from Mr. Amadi is very general and expresses that policy that has been in place with regard to the rather widespread takings by Caltrans in the Ciry. She also requested to see the letter that had been sent to Mr. Amadi and there is no mention in that letter of billboard specifically. If Commission would like she could read that letter into the record as well. Commissioner Bostwick: Yes, please. Selma Mann: This is a letter dated February 7, 1995 to Majid Amadi. Re: Partial taking of 1107 North Brookhurst Street, Anaheim. "Dear Mr. Amadi: This letter shall serve as a formal request to you to provide me in writing the items, issues and matfers we discussed on the telephone February 6, 1995 regarding the 1993 administrative policy of the Crty ofAnaheim with respect to the Califomia State Department oi Transportation, Caltrans, impending lnterstate 5 Freeway widening and its effects on the resulting non-conformity ~f his property after a partial taking. You stated to me that any partial taking of my fand by Caltrans which creates a non-conformity in my land or building at 1107 North Brookhurst, would not effect my right to use my property as it is a(ter the taking. That is,1 would not have to make any changes" to ihe land or building at 1107 North Brookhursf Street after the partial laking by Caitrans; fhe land and building at 1107 Norih Brookhurst wiU be okay after the partial taking and myself or my tenant would be able to use the property as is after the partial taking 6y Ca/trans. 10-26-98 Page 15 Please confirm the City of Anaheim's position on the above matters as 1 will rely on such writfen correspondence in my negotiations with Calfrans for the partial taking of the property at 1107 Norfh Brookhurst Street in Anaheim. If you have any questions please do not hesitafe to contact me." Commissioner Bostwick: The existing property may be used as it was but any additions or subsequent changes would then have to come through as an approval. Selma Mann: That is corrc~!. It is consistent with her understanding of what Planning does with regard to signs on a prope~ty. If the signs are completely removed they must comply with zoning when they are relocated. Commissioner Bostwick: If they were paid for the signs and Caltrans paid them for the signs then this is appropriate thaf they sta~t over and ask for new signs. The CUP is appropriate. Walter Friedman: He ha;~ a copy of the contract with him. Caltrans did not pay him For the loss of the income from the signs. It was not in the contract. The hearsay evidence that someone from the City of Anaheim had with a Caltrans official is not Yrue. He has the written contract in his posssssion, which makes no mention that they are paying him for the loss of the sign use. Secondly, reinstalling signs on a reconfigured property after taking is not an expansion, is not an enlargement, and is not a change of use. Therefore, Mr. Majid's represenration is accurate. He is not enlarc~ing, not changing the use nor expanding. He is sirictly reinstallin5 something that existed as it was before the taking. In his letter he wanted to be as general as possible. The City had the right at the time they received his letter to go to his site and look at his property as it was being used at that time. Can he use the property subsequent to the taking as it has been used prior to the taking7 That was his queslion in his letter. This is the answer, "Mr. Friedman: You have a grandfathered status and will be permitted to remain and operate according ° This is so clear in his mind that there is nothing to dispute. He urged the Planning Commission to approve the right to reinstail the billboards and he hoped that the City would deal with him in good faith and in fairness. Commissioner Boydstun: Asked Mr. Friedman who took the signs down? Walter Friedman: The prior owner of the signs took down the signs. He leased ihe property to the prior owner of the signs. They were his signs, his physical structures. Chairman Bristol: Did he know about the ;sking of the signs down? Walter Friedman: Absolutely. When Caltrans purcha ;ed the property the signs now on the State of California's property and what happened to them subsequent was not his concern. Other than in his contract there is no spe;,ificiry that the State was ever paying for the removal of the sign. That is not the case. He has the contrect in his possession. Commissioner Bostwick: Then the signs were on lhe portion of the ground that was taken by Caltrans? Walter Friedman: Yes. When Caltrans took the portions, they took portions on the easterly property line and on the southerly property line and what happened are the signs ended up starting the new property line. At that point in time, he no longer received income from the signs. That is what the contract says, as long as the signs remain on the State's properry fhe income became the State's. Again, there was no reference that the State was ever purchasing from him the right to the perpetual income stream from those signs. Chairman Bristol: Asked if they gave him money for Qhe land that the signs were on? Walter Friedman: Triey gave him money for the land the signs were on. 10-26-98 Page 16 Chairman Bristol: Did they give him money, were t4~e signs on th~ Birt, did they give him some compensation for where the s'sgns were starting ar not stetting? Walter Friedman: It was not mentioned as to that ln specific. They paid for the land that they purchased. Chairman Bristol: Where the signs were? Walter Frie~man: Yes. Gii;~irman Bristol: He had a contract with someone on the signs? VValter Frledman: Correct. Chairman Bristol: Indirectly could it be assumed that he received some kind of compensation for use of tnat sign? Walter Friedman: iie did not believe that it could be assumed, not at all. Commissioner Bostwick: The statement from the Community Development ~epartment is that Caltrans offioial also con~rmed that the property owner's compensation ~vas based on a permanent loss of the rent received from the billboard company for the location. It was based on a permanent loss of rent received. Walter Fricdman: He stated that it was absolutely not true. The situation fs that Caitr2ns would pay for land and they would also pay for the loss of a rental. He was paid for the taking of his land. it had no reference for the permanentiy buying his rights to an income stream for his signs. He was operating on the assumption in reliance upon the letter from the City that he could reinstall his signs on his property after the taking, it is that simple. Chairman Bristol: Asked when did this happen? Walter Friedman: This happened in early 1995. Chairman Bristoi: Now he is coming back 1998? Walter Friedman: Calt~;~ns had a big delay due to lack of Measure "M" funds in pushing the freeway widening towards the Brooki~;~rst and La Paima off ramp. They did not even commence, they did not have any signs that construction was taking place on his property until December of 1997. Only in the last several months can one sven discern or ascertain what the rew reconfigured property lines are. So for the past three years he did not p~rsue this because first of all, he did not know exactly where his property lines H~ere. Also, in order to get a new tenant for the signs took some negotiations. Commissioner Boydstun: Asked Mr. Friedman when the billboards were taken down? Waiter Friedman: He was not sure. They were taken down subsequent to his granting of the portion that was granted to the State of California but he was not sure exactly the time that they were t~ken down. Commissianer Boydstun: When was his contract in effect7 When did he get his money7 Walfer Friedman: It was late 1995. Commissioner Boydstun: Was that with a set figure even though they did not know where the lines were going to be? Walter Friedman: They knew through mathematicai calculations of calculating the new lot lines as to how much they were buying, but as far going out and doing a survey and seeing how the lay of khe land would play itse:f out after the taking, they did not do that. 10-26-98 Page 17 Another reason why the signs were not immediately reinstalled is because Caltrans has a temporary reconstruction easement on his property, both on the east and southeriy lines so they can move their equipment onto the site and turn soil. If you go to the site now it is under a substantial state of construction and there is dirt everywhere. There is the drain channel and as part of the contract with the State he did grant them a temporary construction easement and that in tum also delayed any type of reinstailation of signs. Chairman Bristol: Asked Mr. Friedman how much he was compensated for at this site, per square footage7 Walter Friedman: He was not comfortable sharing the monetary figure. Chairman Bristoi: There ~re reasons, according to the staff report, for the concerns of biilboards in this Redevelopment area. These billboards could be 36 feet high which would adversely effect the single- family residential neighborhood located 400 feet to the north. Asked Code Enforcement if this property has several code violations? Don Yourstone, Senior Code Enforcement Officer: Yes, they have dealt with the tenant on the property regarding some nuisance violations such as trash, auto parts, etc. Chairman Bristol: As long as he has been on the Commission for (for approximately 6 years), he did not think he has ever seen an approval of a biliboard. Especially in the Redevelopment area where there is such massive amounts of efforts and resources to put specific land uses in and that is not one of the uses that they would support. He did not believe they are supported in any particular area in the City as a new use and that was just his feeling it has nothing to do with what was discussed regarding these iss~es. Commissioner Bostwick: In the letter that they receivec. from the Orange Avenue Homeowners Association, from Mr. Bob Carter, he mentioned that the largest percentage of the billboards in the area are either in foreign language or promote liquor sales. He thought they need to remind everyone that it is a first amendment right, that there is free speech. What is on the signboards is not in their ~!ivy to dictate and that does not have a basis for Commission making a decision. Creating an "eyesore" and intrusion into the neighborhoods. Secondly, If the applicant dic! not get paid for it, he feels it is an undue service to them for the fact that they should be able to put back up what they had if they did not get paid for it. It comes down to who says what. He has personally lost property to Caltrans and can appreciate the applicanYs problem. He does not like intrusion of the signboards for the neighborhood but has to agree to the applicanYs right to put back up wha; he had or the property, before it was takEn. Commissioner Koos: Asked Ms. Mann in her review of the letter does she concur with what Mr. ,Amadi stated to the property owner regarding this grandfather status issue7 Salma Mann, Assistant City Attorney: In reviewing both letters they are probably amendble to interpretation based upon whatever other discussions had taken place but what actually is down on paper is talking about the use of the property and the buildings themselves. In looking at that in conjunction with complete removal of a use and the fact that signs are required to be put back in conformance with zoning, that it sort of brings additional information to the interpretation of this particular letter form Mr. Amadi. The second thing is with regard to a letter granting a right. A letter does ~ot grant a right from the City. There are situations in which a vested right is created when someone is granted a permit and there is construction that takes place in reliance upon a particular permit but that is not the situation that they have here. She does not believe that there has been any vested rights created with regard to any sort of estoppel in holdiny the City responsible for what one individual has done is a very difficult burden to carry forward. Her recollection is that one of the elements that must be established is that the City deliberately mislead the applicant in giving incorrect information and of course it is not the Ciry that was paying for the freeway widening. There would have to be an intent to mislead that she did not believe can be demonstrated under these facts. 10-26-98 Page 18 Commissioner Kaos: Then the applicant would need to come forward 4o them again regardless of what happened be:ween the applicant and Caitrans. Selma Mann: He has the right as any other property owner to ask for anything that Is permitted by the zoning and that is exactly what he is doing here. It is a completety new issue. Steve Sheldon, 100 S. Anaheim Bivd., Anaheim, CA: He never experienced misleading being an elemEnt of the estoppel claim. It is an equitable point, a faimess point that they have. He has been involved fn a few situations where parties have relied on City Cierks in election matters and filing papers and have been able to go into court and have a judge tum that around for them. Misleading is fraud. Misleading is discrete, it is a whole other issue. Estoppel, fairness and equity. He would not agree at all the that misleading is an element of this. That the planner had to intentionally mislead Mr. Friedman for this estoppel issue to be relevant here. Commissioner Koos: He had some concerns regarding the possible misinformation that the Redevelopment staff and Planning staff received regarding the applicant's comments on the contract with Caltrans. He wonders what actualiy happened there? Why is the State of California telling the staff that the applicant received compensation when the applicant claimed he did not? Chairman Bristol: He apologized. Mr. Friedman should not have had to answer the question that he asked regarding how much money he was paid. That is his business. He has a good point. Commissioner Bostwick has gone through a similar situation with Caltrans. The question would be, do they want that land use out there? Do they want billboard effecting that area. Commissioner Bostwick: He realizes the neighborhood does not want sign boards and he can appreciate that, it does create visual blight. He can appreciate that factor but at the same time if he had them there and he wasn't paid for them, he just has a hard time not approving putting them back. Chairman Bristol: Would it make a difference if they proved that they had been paid or not paid for the use? Commissi~mer Bostwick: Asked how do they prove that they did or did not receive payment? Walter Friedman: Submitted the contract with Caltrans into the record as evidence. He referenced page 1, item 2(a). Chairman Bristol: Informed Mr. Friedman that the City Attorney has loaked at the contract and would like to have some time to study the contract and asked the applicant if he would agree to a two- week continuance. Selma Mann: It would also give her an opportunity to give a more thorough review of the issue af estoppel against the public agency which is a rare thing. Commissioner Koos: Perhaps discu ,s the issue with Caltrans if need be. Selma Mann: They will try to do that as well. Walter Friedman: He agreed with tha two week cantinuance. Commissioner Bostwick: Offered a motion for a continuance to November 9, 1998, seconded by Commissioner Napoles and motiQn was carried. OPPOSITION: A letter was submitted by the Orange Avenue Homeowners Association 10-26-98 Page 19 i Y ~ i J ~~., .' k ' ... ' _ ' ~ ~. ,r~, ~. ' i, ~ ,?,,;., 'aY<:`~ '?`~~'~"` ACTION: Continued subJect request to the November 9,1998 PlanNng Commission meeUng in ':~ ' order for the City Attomey's Office to review the contract with Caltrans that the petitioner submitted at the public hearing to determine if the applfcant was compensated for the biil boa~ds. VOTE: 6-0 (Commissioner Williams absent) DISCUSSION TIM1IIE: 35 minutes (3:15-3:50) 10-26-98 Page 20 ;>~~:~ ~r , ~,:;; ~ ;y'-' ~; ~~; ~r~~ ,, . 5b. WAIVER OF CODE REQUIREAAENT 5c. CONDITIONAL USE PERMIT N0. 4057 OWNER: Hinn-S LLC, Attn: Shan Namvar,11601 Wilshire Blvd., #1400, Los Angeles, CA 90025 AGENT: Travis Engineering, Attn: Karl Huy,12453 Lewis Street, #201, Garden Grove, CA 52840 LOCATION: 1101 North Mas~nofia Avanue. Property is 0.92 acre located at the northwest comer of Magnolia Avenue and La Palma Avenue. To construct a 4,807 square foot service station with convenience market and integrated fast food restaurant with drive-through lane with wafvers of (a) minimum number of parking spaces, (b) permitted number of freestanding signs, (c) permitted types of signs, (d) minimum drive-through lane requirements and (e) minimum landscaping adjacent to interior boundary lines. Continued from (he Commission meeting of September 28, and October 12, 1998. CONDITIONAL USE PERMIT RESQLUTION N0. • 11-9-98 SR6911DS.DOC to e • • • • • OPPOSITiON: None ACTION: Continued subject request to the November 9,1998 Planning Commission meeting in order for the applicant to consider staff s recommendatians. VOTE: 6-0 (Commissioner Williams absent) DISCUSSION TIME: This item was not discussed. 10-26-98 Page 21 6b. CONDITIONAL USE PERMIT N0. 3269 (READVERTISED) ~ 11-23-98 OWNER: Kyu-Ho Yun and Young S., 9982 Bixby Circle, Villa Park, CA 92861-4107 LaCATION: 501-509 South Brookhurst Street -The Ritz. Property is 1.92 acres located on the west side of Brookhurst Street. To amend or delete a condition of approval pertaining to hou;s of operation at an existing pubiic dance hall with sales of alcoholic beverages for on- premises consumption located within an existing commercial center. CONDITIONAL USE PERMIT RESOLUTION N0. f LLOWING IS A_SUMMQRY OF THE PLqNNING COMMI~SION ACTI~N: : ApplicanYs Statement: Irv Pickler, 2377 Mall Avenue, Anareim, CA and business address 1818 ~. Orangethorpe Avenue, Fullerton, CA: The Nguyen family has been there since 1983 and Mr. Kyu-Ho Yun is the landlord and is the owner of 501, 503, 505, 507 and 509. He has nothing to do with 499. Page 3, item 5(a), he did not believe it is part of the CUP that they ars requesting. It is a separate restaurar.t south of the Ritz. h9r. Pickler does live in the area. He lives around the corner on Gilbert, off of Broadway and passes by there often. !n 1983, the CUP was permitted to the Nguyen family. In 1988 they came back again, received approval, with no time restrictions. The security .:ompany that patrols the area is present, represented by Edwin ~Vlonsanto. The Nguyen family has been operating the establishment since 1983 to the present time. Due to economics and competition, they are requiring ex[ra days. They also received many requests from organizations to use their facility and that is another reason that they would like to extend their days and hours. They employ 30 people at their facility, which includes the 6 security guards on a continuing basis. They cater to a high caliber clientele who comes into a facility that features ballroom dancing with a live orchestra and singers. The operation is very clean and well operated. For the past 15 years they have continued to work with the City to maintain a business that would not create problems and continue to improve the facility and the area. If they go just th~ three days they are only open Friday, Saturday and Sunday. The only time they are open, is if there is a holiday they have the permission - that is the only time they are open any other day. The seven days is much better than the three days is because they have three security guards in the outside and three in the inside on a continuing basis. They continue to work with Code Enforcement and the Police Department. They are in the process of fixing the trash gates thE wall in back that had some damage, and are gaing to be paving the lot again within a period of a month. They have removed unauthorized parking by people who are repairing cars in the back of the buiiding when they were not open. They centinue to monitor the decibels in the building for noise. They keep the back door closed at all times. The front door is kept open until 10:00 p.m. then it is closed. The volume of business on the weeknights will not be as heavy as Friday, Saturday a~d Sunday. 10-26-98 Page 22 Many of the problems in the past wsre from a facility across the street that is no longer there. The lights in the area go on at 6:00 p,m. and off at 5:00 a.m. in the moming. They would like to be open during the week on Thursday from 9:00 a.m. to 1:30 p.m. or 8:30 a,m. to 1:00 p.m. In Favor: Jay Tillman Williams,12291 Harbor Blvd., Garden Grove, CA: He is the property owner of the property just south of the Ritz and has only owned it for a short period of time, approximately 1 year. He wondered how anyone keeps a business going by just working 3 days a week. Edward Monsanto: He has done security for the last 28 years, since 1978. Ne has worked in the Vietnamese community for 10 years. They have been there a little under a year. The Ritz is regarded as the most prestigious club in the Vietnamese community. It has an upscale r,lientele. It is basically an older crowd. 7hey have had no problems with the Ritz. It is known to have the best live music and highest quality of entertainment. They have three guards inside and three policing on the outside to accommodate parking or noise control. The guards in the inside stay by the fire exits so all the doors will remain closed al all times so the noise does not get out. The securi ;~'s major concern at this location is the noise factor. 7hey are instructed to open the doors only when the music has stoFped. Dr. Kyu Yun: Stated he has beenthe owner of the building since 1981. Mr. Nguyen, the owner of the business was a very well known musician and a musical composer in Vietnam. So the Vietnamese community respected him. He stro~gly supports the applicant. Mr. E. White, 9871 West Teresa Avenue, Anaheim, CA: They are directly behir.d the Ritr restaurant. This is a non-compatible use within a residential area. He is concerned with the diesel buses sitting idle for a long time, constant banging of car doors, car alarms go off intermittently. It is fortunate that they have Friday, Saturday and Sunday but to ask for this for 7 days a week is ridiculous in his opinion. He asked Commission to consider the residents in the area and think of it as non-compatible with the residential area. Tamera Martin, 421 Archer Street, Anaheim, CA This is a nice place and she has said it to the owner before and they try to keep it up. She has gone over to speak to the owner severat times aboi;i the noise that she hears on Archer Street. Noise travels through the doors, which are kept open while people are going in because they have a Iong line, sometimes 50 to 60 people, in front waiting to g~t in. If they had double door (open and elose door for sound) that would somewhat help. She has called Code Enforcement to let them know that there is an existing problem and as Mr. White mentioned, horns, yelling, engines going, brakes; there have been some wrecks, sirens, the music from the front. In this area there are a lot of aicohol related business (Sugars, Shervvood, etc.). They do a good business; it is full. They started out as a little sandwich shop and kept getting bigger and 'oigger. It is quit~ large now. Across the street from them was EI Pariso and the Pink Gadillac. She thought they were open Thursday nights. The loitering, the sound that carriers will intensify the impact. Trying to expand it does not really fit in with what they are trying to do in the area. She has gone door to door on Archer Street and those residents are opposed to any further business hours during the week. Patricia Olson, 2464 W. Glencrest, Anaheim, CA: She is present on behalf of Faith Lutheran Church located at 2219 W. Orange. Their concern is that if the sstablishment is open Mondays, Tuesdays, Wednesday and Thursday, these are the evenings when most of the functions at their church are with their youth groups and their children. Their concerns are for their ladies when they have meetings and have to go into the parking lot by themseives sometimes. She felt only the weekends wouid be best for this kind of an establishment. Mike Connery, 9881 Teresa Avenue, Maheim, CA: He lives directly behind the proposed site. He is in opposition to this proposal because oF the noise level. Every night (during the weekends) he can hear the "boom" from the music equipment coming on after 12:00 midnight. Every night that they are open there are several cars, open and closing of doors, much chatter alonc~ the walic, gspecially when it closes at 10-26-98 Page 23 2:00 a.m. There have been occasions in the past where there have been fights and he has called the police about it. He is concerned with trying to get enough sleep to go to work. They have had a problem with cars backing into the wall. It was replaced by someone who was not experienced in putting up a wall. Tho wali was replaced right away which left no chan~e to get a contractor out for an estimate and have the fence put up properly. Judith Ann Goilette: She is in opposition of the expansion oF the daily operation of the Ritz. She lives in the area. She agrees that it is a clean looking establishment from the exterior. They have a problem with cars parking o~ Brookhurst. Her suggestion is to find an appropriate location for their operation in another part of Anaheim. Applicant's Rebuttal: Irv Plckler: It appears a major concem is noise. There was testimony that they called Code Enforcement. He spoke with Code Enforcement and they have not heard from anyone for quite some time. No buses come to that facility. Brooknurst is a busy sireet and there is a lot of noise that comes from that street also. Alarms going off on a car can happen anywhere. Anytime the noise has been unbearable and Code Enforcement was notified, they would come out and speak with the owners. When peop!e indicate they car. hear the music across Broakhurst, he has concerns. When he was outside of the facility when the orchestra was playing and went into his car he was not hearing much of the music. The center itseif is set in, then there is Brookhurst Street and across the street is another shopping center. THE PUBLIC HEARING WAS CLOSED. Investigat ;r To~ n Engle, Vice Detail - Police Department: Since they have been in operation there have been three incidents of any value that have occurred at the location. One was in 1992, a person under the age of 21 in the premises and for that they received 15 day suspension of their ABC license. In 1994 they had five days suspension far some contaminated distilled spirits which they took care of. On June 26, 1998 the Anaheim Police Department Vice Detail did an investigation there for the business operating without a Sex-Oriented Business Permit because they had dancing geing on. Investigator West received a flyer which stated that they had stripers on Sunday nights and Sunday nights which was also "ladies nighP'. He and other members of the Vice Detail and Investigator Yourstone were present at that investiea!;un and conducted an investigation there and these things were in fact going on. They issued the ow,:ar a citation ior operating SOB with a permit. It is his understanding that since that night there has been no further incidents of tfiat at that location and it nas not continued. Cails for service at 507 S. Brookhurst there were 17 records match at that address since January 1 st. Of those that are of any significance there was :hree disturbance of the peace calls which could be loud music or a disturbance of the parking lot. There were two fight calls. There were three burglary alarm calls. There was a man with a gun call. An actual burglary call and malicious mischief calls. Questions regarding the incident in June could be directed to Officer Yourstone. Don Yourstone, Senior Code Enforcement: Regarding the incident in June, a promoter came in and rented the hall to provide entertainment at the club. They had performers dressed up as firemen that would strip down to bikini kyps attire and perform lap dances to some of the patrons where physical contact was being made which was a vioi~tion of the Sex-Oriented Business. They spoke to the owner that night and he was issued a citation. 7he owner took immediate action and terminated the promoter and that ended all the problems regarding that. Brookhurst is a busy street. They have quite a few nightclubs z~ong that street. They have been working along with the Police Department regarding the nightclubs in that area, along the strip from La Palma down to Ball Road. They were successful in terminating the EI Pariso, who was probably the biggest violator of the noise ordinance and not operating as part of their conditional use permit. In regards to the Ritz they have been out there in the evening hours and standing in the parking lot he could not hear any loud noise. The times that he has been there he has not noticed any excessive noise or car alarms, or even buses on the property. 10-26-98 Page 24 Cummissioner Boydstun: Asked what the date was when the SOB occurred? Don Yourstone, Senior Code Enforcement Officer: June 22,1998. It was a Sunday night and through the early moming on Monday. Investigator Tom Engle, Vice Detail - Police Department: The location is within reporting district 1719, which has ~ crime rate of 219% above average. Chairman Bristcl: Asked Darren Nguyen if he rents out his facility to other promoters? Darren Nguyen, 20690 Villa Roa, Yorba Linda, CA 92886: Not often. That was just one time that they did that. It had only been 5 minutes of the program when they stopped the operation right away. Unfortunately Code Enfurcement was there so they received a citation for that. Chairman Bristol: Asked what they would do if they were open an additional four days? Darren rlguyen: They have been approached by many non-profit organizations that want to have events or have the regular ballroom dancing. Commissioner Esping: If they did rent out to diffe~ent groups what kind of controls wouid they have over the activiry, ent~ . tainment, volume of noise, parking, drinking regulations, etc.? Darren Nguyen: 'i hey would have full control of the nightclub and security guards. The music, band and entertainers would be exactly the same. Commis~ioner Bostwick: Asked how many security guards they have presently7 Darren Nguyen: They have 6 security guards, depending on the events, sometimes up to 8. Commissioner Koos: Staff recommends against approving the Negative Declaration, due primarily to the noise issue. VVould staff consider accompanying a potential approval of this with a noise impact study on the existing operations to see how it would impact residents during the week? Cheryl Flores, Senior Planner: It is something that they could consider, however, it may be hard to evaluate since it is a hii or miss situation as to when it is occurring. Chairman Bristol: Asked if there was a way internally to make a double door inside both the front and th~ back door so no noise escapes? Darren Nguyen: The property is very well insulated. The only time the noise would come out is when the door is open. The rear door is for exit only and no one is suppose to come in or out. Chairman Bristol: Asked if there is any way of making an in4ernal buffer to minimize the noise? Darren Nguyen: They can try to put heavy weight curtains. After the metal detector there is another door, they can put a curtain or metal door or something to block out the sound. Selma Mann, Assistant City Attorney: If there is some potential environmental issues w.'.th regard to noise it may be appropriate to have a continuance in order to have studies with regard to the noise for the applicant to see if they can come up with a proposai to address the noise issue structurally to the satisfaction of the Cammission, if that seems to be the primary issue that is befora them. With regard to CEQA you really can not condition a project on having the studies be subsequently done unless there is a particular standard that they are requiring for that. It seems like in view of the residential areas they may be looking at a somewhat higher standard than they ordinarily would because of the hours that this is open. 1 ~-26-98 Page 25 Irv Pickler: The ap~licant might be able to put on the heavier doors as suggested. Asked whether the conditional use permit approved for a year to see what happens and have someone come down and check the decibel levels at the site. Commissioner Bostwick: He is not willing to approve the request of 7 days a week. If they had Tuesday, Wednesday and Thursdey from 5:00 to 12:00 Midnight and fnen 9:00 a.m. to 1:30 a.m. on Fridays and Saturdays. Asked if that would be acceptable to them? Also that the doors remain closed after 10:00 p.m., different type of doors, the parking lot lit from dusk to dawn 7 days a week so that the entire area is lit. IN Pickier: They already have the lighting lit from dusk to dawn. That would not be a probiem. P~fike Connery: He thought there is no way they are going be able to stop all the noise from the car doors, talking untii late in the morning, unless they close off the back parking lot. He referenced a recent article in the Register Newspaper that the area between La Palma and Ball Road has been going down hill. The noise level is definitely there and there are fights that occur. Irv Pickler: Asked if they coul~ cut it down to Wednesday and Thursday from 8:30 a.m. to 1:00 p.m.? Commissioner Esping: Most locations that hav9 live entertainment throughout Orange County do not feef they can support something other than on the weekend. He rvcndered where they are going to get the customers that are going to go out dancing until 1:30 a.m. on a Monday, Tuesday or Wednesday night. Irv Pickler: The crowds at the beginning of the week are going to be much less than they wili be on the weekends. Chairman Bristol: He suggested not parking in the back on just Friday, Saturday and Sunday. ~ommissioner Bcstwick: RSSA should be closed so they have the wtiole front of that shopping center that is really available for parking. Chairman Bristol: He felt they need to compromise with their neighbors to the back because he agrees witF~ them. If they really want to be 7 days a week then thay need to move from that site and go somewhere where they utilize more parking. Commissioner Boydstun: Asked if they really have crowds there until 12:30 a.m.? When people are goinq t~ work on Monday, then that is very late. Darren Nguyen: They are not as busy on Sunday. Cheryl Flores, Senior Planner: Regarding the parking in the back, in order to block off any of the code required parking they would have to have that reviewed by their City Traffic and Transportation Manager to see if there was a parking waiver or shared parkinc~ a~reement required in order to do that. Commissioner Bostwick: He thought they should probably have a parking agreement so there are no problems in the future. Chairman Bristol: Asked if Mr. You~ ~g is the owner of all the buildings? Darren Nguyen: Just rrom 49S through 594. Apparently they do have a parking agreement with other tenants there. They did that when they received the CUP in 1990. Commissioner Koos: Asked if that included the parking behind the building as weli? He did not have a problem with Commissioner Bostwick's suggestion regarding the use but he still has concerns regarding the noise issue. Asked if that could be addressed at the next public h$aring? Chairman Bristol: He wondered how extensive that would need to be or can the applicant redesign it inside. If they redesign the inside and utilize the parking on two nights only (Friday and Saturday) perhaps 10-26-98 Page 26 that would eliminate the noise as much as possible. Also another condition would be to keep the security guard in the parking lot at all times, especially in the evening when they are leaving. Commissioner Bostwick: He recalled a noise study done at Maheim Hills on air conditioning equipment and there turned out to be more noise from the freeway than !he air conditioning equipment. He thought it might be the same problem at this location that there would be more noise from Braokhurst Strest due to the traffic noise than the noise from this site. If parking could be eliminated from the back door then that would eliminate most of the noise from the neighbors side. Investigator Tom Eng!e, Vice Detail-Police Depa~tment: Stated that on the applicanYs ABC license Condition No. 2 states entertainment provided shall not be audible beyond the area under the control of the licensee. Condition No. 3 states that the door shall be kept closed at all times during the operation of the premises except ;n cases of emergency and ta permit deliveries. Condition No. 4 states that at any time the premises is providing entertainment andlor dancing the petitioner (applicant) shall provide a secur.ty guard in the parking lot and shall maintain arder therein and prevent any activity which ~vould interFere with the quiet enjoyment of their property of nearby residents. Irv Pickler: Sunday is a very important day for the Vietnamese. They would rather cut one of their weekdays and maintain what t~e already has (Sunday from 9:00 to 12:30 a.m.). Commissioner Bostwick: Suggested adding Wednesdays and Thursdays to Sunday, as suggested by the applicant. Cheryl Flores, Senior Planner: Suggested a four-week continuance if there is going to be a parking study involved. Ms. Martin: They are going to park in front or across the street because they are filled up. They have a tremendous amount of cars that are there. Mr. White: The residences behind this strip mall are approximately 4 to 5 feet lower than the mall. There is no traffic sound. The only sounds you can hear From traffic are sirens and an occasional loud truck. The sound they are hearing is definitely the sound from the traffic in the back and the music when the doors are open. A commercial strip should be compatible with residences and probably their hours restricted to 9:00 p.m. or 10:00 p.m, at night. Mother consideration might be a sound barrier wall. Investigator Tom Engle, Vice Detail-Police Department: If the applicant is using a metal detector at the front door the~ that is going to slow the customer traffic coming in. They are going to have a line waiting from the sidewalk. They will need to consider moving the security device. Cheryl Flores, Senior Planner: Suggested the burden should be placed on the appiicant to identify mitigation measures in order to reduce or eliminate the sound from the outside: Commissioner Napoles: Offered a continuance to November 9,1998, seconded by Commissioner Esping and motion was carried. IN FAVOR: 1 person spoke in favor of subject proposal. OPPOSITION: 5 people spoke in opposition/correspondence was received in opposition. ACTION: ~ontinued subject request to the November 23,1998 Planning Commission meeting in order for the applicant to meet with staff and determine whether reciprocal parking agreements and/or additional parkiny studies are necessary and for the appiicant to restrict parking to the rear of the building and to identify mitigation measures fn order to reduce or eliminate the sound emitted from inside the building. VOTE: 6-0 (Commissioner Williams absent) DISCUSSION TIME: 1 hour and 13 minutes (3:51-5:03) 10-26-98 Page 27 7a. ;EQA NEGATIVE DECLARATION Approved 7b. CONDITIONAL USE PERMIT NO. N0. 310 (READVERTISED) Approved revised plans OWNER: Ron Pressman,1804 Angelo Dr., Beverly Nills, CA 90210 AGENT: March & Associates, 2 Strawbsrry Ln., San Juan Capistrano, CA 92675 LOCATION: 1025 East Orangethorpe Avenue - Wells Farao Bank. Property is 1.67 acres located on the north side of Orangethorpe Avenue,193 feet west of the centerline of Raymond Avenue. Request review and approval of revised exhibits to allow automated teller machines to remain in a former bank building. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-768 Applicant's Statement: Ranar Lamar, March & Associates, 2 Strawberry, San Juan Capistrano, CA: Stated he is representing Wells Fargo Bank. They are requesting review and approval of revised exhibits !o allow an automated ATM to remain in a former bank building. The applicant is concerned about the signage. The pole sign that is there will replaced with a sign on the building and also two directional signs at the entrance of the parking lot. (Submitted a sample of proposed directional signs at the entry way.J Cheryl Flores, Senior Planner: Staff would need to review those to determine if they were within code. Mr. Lamar: The ATM room itself is facing to the east, so it will no longer face Orangethorpe, that is why the directional sign will be very important for the bank. The drive-through will be closed. THE PUBLIC HEARING WAS Ci.OSED. Chairman Bristol: Asked about Condition ~10.1, the signage for the subject facility shall be limited to that shown on the exhibits marked Exhibit No. 6(bottom of page 3 of the staff report). Any additional signage shall be submitted for review by the Planning Commission as a Reports and Recommendation item. OPPOSITIOiV: None ACTION: Approved Negative Declaration Approved the revised exhibits (Revision No.1 of Exhibit No.1 and Exhibit No. 5) for Conditional Use Permit No. 310 to allow automated teller machines (ATM's) to remair. in a former bank building. Modified Resolution No. 518 Series 19H2-63 by adding the follo~ving conditions of approval: 10-26-98 Page 28 I~,r ' ~ ~~ ' ~ ,.~:,... ~ ~... I `~,' ; ' 7. That signage for subject facility shall be limited to that shown an the exhibits '.~ ~ marked Exi~ibit ~~lo. 6 as submitted by the petitioner. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 2. That plans shall be submitted to ttie Clty Traffic and Transportation Manager for his review and approval showing the location of the AT M's ar,d the designated customer parking spaces. Subject property shall thereupon be developed and maintained in conformance with said plans. 3. That subject use permit shall expire five (51 yaars fr~m the date of this resolution, on October 26, 2003. 4. That within thirty (30) days of the date of fhis resolution, Candition No. 2, above mentioned, shall be complied with. Extensions for fu~ther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipai Code. 5. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which pians are on file with the Planning Department marked Revision No. 1 of Exhibit No.1, and Exhibit No. 5, and as conditioned herein. 6. 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 Federai regulations. Approval does not include any action or findings as to compliance or approval of the request regardinc~ any other applicable ordinance, regulation or requirement. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 7 minutes (5:04-5:11) 10-26-98 Page 29 8a. CEQA NEGATIVE DECLARA'f10N Approved Sb. WAIVER OF CODE REQUIREMENT Approved 8c. CONDITIONAL USE PERMIT N0. 4069 Granted 8d. DETERMINA'~ION OF PUBLIC CONVENIENCE Approved OR NECESSITY N0. 98-OS • OWNER: Byron A. Dahi, Luetta F. Dahl, Basii F. Dahi, P.O. Box 1546, Lake Havasu, AZ 96405 AGENT: Khoda Ostowari, 6263 E. Twin Peak Circle, Anaheim, CA 92807 LOCATION: 801 South Harbor Boulevard and 510 West South Street. Property is 0.8 acre located at the sauthwest corner of South Street and Harbor Boulevard. Conditional Use Permit No. 4069 - to demolish an existing liquor store to construct a service station with a 1,998 square foot convenience market with retail sales of beer and wine for off-premises consumption and a 920 square foot drive-through self-service car wash with waiver of maximum structural height. Determinatlon of Public Convenience or Necessity No. 98-08 - to determine public convenience or necessity to allow retail sales of beer and wine for off-premises consumption in conjunction with a new service station, convenience market and car wash CONDITIONAL USE PERMtT RESOLUTION N0. PC98-169 DETERMINATION OF PUBLIC CONYENIENCE OR NECESSITY RESOLUTION N0. PC98-170 e • o • • • Chairman Bristol: Stated for the record, there have several letters received including a petition with signatures. Applicant's Statement: Khoda Ostowari: Originally the project involving two parcels was submitted and approved by Commission. The only concerns during the hearing was raised by Pastor Kuest from the Anaheim First Christian Church and the Police Department regarding the existing liquor store. That project was ultimately denied by City Council due to the opposition. He then received an extension to purchase the property and that is when he started contacting everyone that had sent a letter, signed the petition or had concerns. He spoke with Pastor Kuest, Ruben McCoy from Saint Michaels Church, Pastor Charles Lopez from Grace Evangelical Lutheran Church, Pastor Abrams from Native American Methodist Church, the principal of Benjamin Franklin School, a representative with the school district and an administrator and staff at Casa Pacifica Convalescent Hospital. He mailed 125 letters to those people who originally signed the petition as the residents and tried to address their concerns. Out of those letters, he received 27 letters returned because the addresses were not correct or insufficient. He contacted those who had phone numbers on the petition. Unfortunately he was only able to leave a message with one af them and to date he has not received a return phone call. 10-26-98 Page 30 He tried to address all the concems of the neighborhood as we11 as the concems of the City. According to the Police Department the crime rate in the area is 159% above average. As of Friday at 11:30 a.m. no one had contacted him nor did fhe City. This moming he received a copy of the current petition. The main concem was th~ risk for children of a service station due to the amount of traffic. He proposed closing four driveways out oF six existing on the property and install whatever sign is necessary to eliminate the possible danger from traffic. Another concem was the noise from the car wash. A previous study sFowed that the noise level of the car wash at the property line will be 60 decibeis compared to a new car, which creates noise at 69 te 70 decibels. Pastor Kuest presented their proposal to the church council and it resulted in the church elders not being opposed to the project. Another concern was the negative environmental impact of thfs serv(ce station. He is responsible to comply with the AQMD (Air Quality Management District) and the Environmenta! Protection Agency which have very restrictive rules, codes and guidelines. He is proposing to tear down the existing liquor storE that is 2,750 square feet and replace with a 1,925 square foot convenience store. The signage on the south will be removed and there will be a sign on the corner, which complie~ with code. The landscaping currently proposed is 30% of the site. After the dedication, in 5 years, the landscaping is going to be 26°% of the site. There will be 21 parking spaces provided compared to 16 which is required by code. He did his best in trying to contact residenls in the surrounding neighborhood to address their concerns and obtain their input. I•le found inconsistencies when he attempted to cor.tact people who submitted form letters and signed the petition. Opposition: Paul Yoon: Stated he is one of the pastors of Anaheim First Christian Church, 52C West South Streat, Anaheim CA: He and ether pastors oppose the gas station for two reasons. One for the safety of the children that waik to school and church. The other concern is the noise factor. Commissioi~er Bosr,vick: Asked Mr. Yoon if children walk on churcl~ property or Mr. Ostowari's propertyl Paul Yoon: Indicated the children do both. Commissioner Bostwick: Mr. Ostowari intended to build a 6 foot wall on the property, therefore the children will not be able to use tha; property for access to church or schooi. He asked Mr. Yoon how Mr. Ostowari's property could endanger the childrsn if they are walking across the church property? Paul Yoon: The children come in many ways. Commissioner Bostwick: Indicated that the block wall will prevent the children from going through the property and how couid they be in danger if a wall is preventing them from crossing subject property? Paul Yoon: He assumed that traffic will be harmful. Commissioner Bostwick: Advised that there is already traffic on Harbor and Soufh Street. He can not see how this propeity will endanger the children. Paul Yoon: Stated that some walk through the church property and others go arc~nd ths corner on that property io go to school. Commissioner Boydstun: That property will have a fence all the way around it except for the publi~ sidewalk, that is the only place they will be able to walk. Paul Yoon: Many children and mothers walk to school. 10-26-98 Page 31 Commissioner Boydstun: It is done all over Anaheim and they do not have crossing guards at many intersections. Commissioner Bostwick: Indicated that this property will not effect kids coming and going on sidewalk or crossing the streets because they are already doing that and the station will not increase this. There will be no increase in traffic, the station is just going to service the neighborhood. The size of the liquor store will be reduced and will only have a convenience market with the service station so it shouid improve the neighborhood. Chairman Bristol: Indicated that he visited Mr. Yoon's property that morning. He thought that this new business would improve ihe present activities that are going on with the current liquor store. The current clientele at the presant liquor store is more of e safery issue for the children right now. Applicant's Rabuttal: Khoda Ostowari: He spoke with Pastor Kuest, the senior pastor ai Anaheim First Ch~istian Church, and asked him if they had any concerns. Pastor Kuest indicated that after reviewing the project with the elders of the church, they did not express any concerns, Fle felt that the children are currently in more danger because they are walking on Pine Strset through ihe liquor store, there is currently an opening between the liquor store 2nd the church. He is willing to go through all the concems and has made himself available to address all concerns and issues, but nn one has contacted him. THE PUBLIC HEARING WAS CLOSED. Investigator Tom Engle, Vice Detail-Police Department: Asked if Mr. Ostowari was actually buying Thomas Liquor? Khoda Ostowari: Yes he buying the pruperty. If he receives c~~e approval then the convenience market is part of the whole project. The owner of the property does nat own the business license. The license belongs to the business owner. Investigator Tom Engle, Vice Detail-Police Department: Therefore, they need public convenience or necessity because the crime rate is 159% above average. There are 6 licenses allowed and there are actually 11 in existence and they are going to make 12. Khoda Ostowari: If Commission approves the public canvenience or necessity he tvill either apply for a rrew and evict the tenants, then he has to submit his license to ABC or move it from the area. Otherwise if he comes ta an agreement with him and purchased the license he will not apply for any licensr; and then the decision regarding the PCN will be moot. Commissioner Boydstun: He is saying that if he does not get his license he would open without a beer and wine license. There are 11 licenses there and if he gets an4ther license that would increase it to 12 license in that area. There are only 6 allowed in that census tract. Khoda Ostowari: With this license there are 11 license. He either has to submit his license to ABC or he has to remove the license from that area. Basically he is not changing the number of licenses. Investigator Tom Engle, Vice Detail-Police Department: The Police DepartmenPs concern is that it is already too high. Selma Mann, Assistant City Attorney: If they are interested she can get the condition that the City Council approved in connection with another use in the past they have also considered the possibility of havi~g the applicant acquire two licenses to reduce the number of licenses in an area. She can obtain that condition and read it to Commission to see if that would be of interest. Commissioner Bostwick: He felt it would be appropriate. They would like to see that the applicant purchase two licenses to have one so that the totai number of licenses are reduced within the area. 10-26-98 Page 32 Khoda Ostowari: On Monday one of the church members went to the liquor store to b~y something and the tenant at the liquor store asked if she could sign the petition. She did not but indicated to Mr. Ostowari that there is a petition being circulated. Investigator Tom Engle,l,~ice Detail-Police Department: Asked if the person selling him the property has a petition going against him? Commissioner Bostwick: No, he is the tenant with the license and he is the one that is circulating the petition. That is why there are people that live a ways off from the area, there are no addresses on many of them. Obviously these are people that are driving by stopping at the liquor store and the tenant is getting them to sign the petition. He can understand the applicanYs frustration. There are 11 licenses'n the area and ihey need to reduce it. Asked the applicant if he would buy twc licenses and reduce it to 10 in that area? Khoda Ostowari: Yes, he would. Investigator Tom Engle, Vice Detail-Police Department: He was present at the City Council public hearing when this came up. Basically what the condition states is that the owner of the license that he purchases can not reapply for another license for 90 days. If he buys a license from that census tract from anyone, as soon as that person receives payment, he can go down to ABC the next day and apply for a new license. Commissioner Bostwick: Their requirement is going to be that the person he buys it from can not reapply Khoda Cstowari: He accepts all the conditions. The only question he has is regarding Condition No. 2 and subsequently Condition No. 7, that the beer and wine portion of this use permit shall expire one year from the date of this b~ilding occupancy. The wording on the other one is that (further) if it expires then he can not ask for an e~tension of time. Commissioner Boydstun: He needs to apply before tne year is up for an extension. Cheryl Flores, Senior Planner: The information pertaining to the noise from the car wash submitted is the manufiacturer's specifications, it is not site specific. The car wash entrance does face the residences across the street. Condition No. 53 requires that it comply with sound pressure levels. It is confusing about how much actual opposition there is in this case. It might be prudent to require a sound study prior to any action that would be site specific rather than Just manufacturer's specifications. Khoda Ostowari: On the site plan in front of the entrance to the car wash there is a 3 foot high block wall. On top of that is where the landscaping would begin. Cheryl Flores, Senior Planner: They realize that the landscaping serves as a visuai buffer however, they do not agree that it would buffer the noise from the car wash. It would be just one resident across the street that would be mainly effected. Greg Hastings, Zoning Division Manager: There is another issue to consider, the height of the canopy. Commissioner Bostwick: On the plans the canopy height is 19 feet high at the bottam and 28 feet to the top. Asked if that can be reduced? The standard height for vehicles is 14%: feet. Can this be reduced to about 15 feet at the bottom? Khoda Ostowari: He agreed to comply. Seima Mann, Assistant City Attorney: The dats noted is a year fram the approval, if that was Commission's choice. "That approval for the off-premises sale of beer and wine shall terminate on (In this case Octeber 26, 1999) if the applicant has not purchased a sufficient number (two) of existing active and operating aicoholic beverage control licenses within the same census tract p,rior to set date. The purchase agreement shall effectively require that the previous owner of the permit, and the owner of the property 10-26-98 Pa~e 33 where the permit was previously located, refrain from applyinq for a new license for the transfer an existing license within the same reporting district for a period of 90 days following the effective date of the transfer of the permit to the applicant. The purchase agreement sha!I provide that the City of Anaheim is a third party beneficiary for the purpose of enforcing application restrictfon. A copy of the purchase agreement shall be provided to the Zoning Division. No sale of beer and/or wine for off-premise consumption shall be permitted on the property unless and u~tii the toplicant has pur~hased an existing and active ABC license with the same census tract, no later than O~;ober 26,1999:' Chairman Bristol: When he is completed with his project, if it gets approved, there will be 10 licenses in this cEnsus tract. Asked Mr. Ostowari if he was in agreement? Khoda Ostowari: He agreed completely. Cheryl Flores, Senior Planner: Requested a condition added. For the exhaust peipes that they typically place on senrice station lots that it would go to the rear and stiputate whether they would want to see the building elevation plans return as a Reports and Recommendation item. Investigator Tom Engle, Vice Detai!-Police Department: He recommended that language be added so that this service station wouid be subject to the conditions of the soon to be written ordinance in regards to service stations alcchol sales. Khoda Ostowari: With the e~isting liquor store there is a problem with the transients, etc. He is not just interested in selling beer and wine but he is also interested in working with the Police D~partment and everyone in the neighborhood. That is why he agrees completely. SQlma Mann, Assistant City Attorney: With regard to having a condition Qf approval regarding hours, this is not going to be an ordinance. If the City Council approves the citywide policy, it would be a policy. Khoda Ostowari: The hours for the sale of beer and wine will be until 11:00 p.m., otherwise if Commission approves for 10:00 p.m. then that would ba fine. Commissioner Boydstun: Asked if he is planning on closing at 1:00 p.m. or will it be open 24 hours. Khoda Ostowari: The gas station only will be open for 24 hours. The store will be c;osed at 12:00 a.m. Cheryl Flores, Senior Planner: Requested that the Cypress trees be on 3 foot centers at the south property line. Commissioner Bostwick: Suggested that Condition No. 3 shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. Adding a condition r~quiring that :he vents for the gas station tanks be located to the rear of the property. Adding a condition that the canopy height, the underside of the canopy will be reduced to 15 feet reducing the overall height to not more that 24 feet. That the building elevation pians return to Commission as a Reports and Recommendation item. Adding a condition that the Cypress trees facing South Street wifl be planted on 3-foot centers. Condition written as the City Attorney has read in regard to the liquor license. That there will be a net affect to the City reducing the liquor licenses to 10 licenses total within the census tract. Chairman Bristol: Commission received evidence that this was denied before based on concern over waivers requested and opposition from residents in the area. It should be emphasized, if this goes to Council, that the Planning Commission had a iot of opposition but only one person was present who seems to have had the questions answered. Commissioner Boydstun: The signatures on the petitions were solicited by a business competitor (tenant) who does not want to leave that location, despite the fact that the owner is in negotiations to sell the business. The validity of the peition is questionable. 10-26-98 Page 34 OPPOSITION: Only 1 person was present at the public haaring and spoke in opposition to subJect request. A large amount of correspondence fn opposition and a petition with approximately 200 signatures in opposition was received. ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 4069 with the following changes to conditions: Modified Condition No. 3 to read as follows: 3. That the sales of beer and wine shall be permitted only between the hours of S a.m. to 12 a.m. Added the following canditions of approval: That approval for the off-premises sale of beer and wine shall terminate on October 26,1999 if the applicant has not purchased a sufficient number of existing active and operating Alcoholic Beverage Contral licenses within the sarr~a cer~sus tract prior to said date such that the total number of licenses in the census tract is reduced to ten (10) licenses. The purchase agreements shall effectively require that the previous owners of the permits and the owners of the properties where the permits vrer~ previously located to refrain from applying for new licenses or for !he transfer of existing licenses within the same reporting district for a period of ninety (90) days fflllowing the effective date of the transfer of the permit to the applicant. The purchase agreements shall provide that the City of Anaheim is a third party beneficiary for the purpose of enforcing the application restriction. A copy of the purchase agraement shall be provided to the zoning division. No sale of beer and/or wine for off-premises consumption shall be permitted on the property t!nless and until the applicant has purchased an existing and active ABC license within the same census tract no later than October 26,1999. 7hat the exhaust vents for the gas station tanks shall be located at the rear of the property. That final building elevations shail be submitted to the Zoning Division for review and approval by the Planning Commission as a Repor~s and Recommendations item. That the under-side of the canopy shall be reduced to fifteen (15) feet, reducing the overall height to not more than twenty four (24) feet. That the proposed Cypress trees alono South ~!reet shall be ptanted on 3-foot centers. Approved Determination of Public Convenience or Necessity No. 98-08 with the following added condition: That approval for the off-premises sale of beer and wine shali terminate on October 26,1999, if the applicant has not purchased a sufficient number of existing active and aperating Alcoholic Beverage Control licenses within the same census tract prior to said date such that the total number of licenses in the census tract is reduced to ten (10) licenses. The purchase agreements shall effectively require that the previous owners of the permits and the owners of the properties where the permits were previcusl~ located to refrain from applying for new licenses or for the transfer of existing licenses within the same reporting district for a period of ninety 10-26-98 Page 35 ~:~ ~' ,;;::_ (90) days following the effecGve date of the transfer of the pbrmit to the appifcarit. The purchase agreements shall provide that the City of Anaheim is a third party beneficiary for the purpose of en`orcing tha appiicatian res~iotion. A ropy of the purchase agreement shall be provided to the zoning division. No sale of beer and/or wine for off-premfses consumption shall be permitted on the property unless and until the applicant hes purchased an existi~g and active ABC Iicense within tne same census tract no laker than October 26,1999. VOTE: 6-0 (Commissioner Williams absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 56 minutea (5:12-6:08) 10-26-98 Page 36 9b. CONDITIONAL USE PERMIT N0. 3802 (READVER3'ISED) Approved reinstatement for 3 OWNER: Elva M. West and Nadine C. West, 520! E. Crescent years and approved Drive, Anaheim, CA 92807 chs~ge to hours of operatiar AGENT: Carolyn M. Staehling,1500 East Lincoln Avenue, Anaheim, CA 92805 LOCATION: 150U East Lincoln Avenue - Eastside Jewelrv and Loan. Property is 0.79 acre located on the south side of Lincoln Avenue,1,480 feet west of the centerline of Cliffrose Street. To consider reinstatement of this permit which currently contains a time limitation (approve~ on October 30,1995 u~til October 30,1998) to retain a pawn shop within an existing commercial shopping center and to amend or delete a condition of approvzl pe~-taining to permitted hours of operation. CONUITIONAL USE PERMIT RESOLUTION N0. PC98-171 ApplicanPs Statement: Georga Stazhiing,18200 Avenida Bosca, Murietta, CA: Stated h~ menages the Eastside Jewelry and Loan. He confirmed that he has read the staff report. THE PUBLIC HEARING V~IAS t~LOSED. Cheryl Flores, Senior Planner: Asked the applicant if he would be willing to put a minimu:n .~f 15 gallon trees, equal to 1 per 20 linear feet along Lincoln Avenue consider removing portions of the freestanding sign that are no longer applicable to the site or are blank7 George Staehling: He is going to use t~ e signs that are available. He will reface the sigr.s. Commissioner Bostwick: Staff wuuld like Mr. Staehling to pia~t trees along Lincoln Avenue and asked how long it would take to reface the signs? George Staehling: The owner of the site indicated that he could use those for his business for fu~ther adverfising. Cammissioner Bostwick: Suggested conditioning that the appficant reface the signs within 90 days. Asked iNr. StaeF;ling about the trea:.? George Staehling: The trees will block the sign. There are already large Magnolia trees in front that block the sign. Cheryl rlores, Senior Planner: The trees can be clustered. George Staehling: They will block off the view to :he business. There are already shrubs out in front to separate the parking lot the sidewalk. Commissioner f3oydstun: There is a driveway in the middle and ne is only on one side of it. It would be about four trees. 10-26-98 Page 37 Cheryl Flores, Senior Pl~nner: It would a~:tually be 8 traes required since thoy do not reduce the linear footage for the driveway openings. The only trees that are there now are in the public right-of-way. It is a code requirement that is applied throughout tha City. Typically, when cases do retum that are non- conforming they at a minimum try to get the street trees adjacent to the streets. Commissfoner Boydstun: That lot is divided into two buildings. The applicant is on one half. Are they asking him to do the other half also? Cheryl Flores, Senior Planner: They are all on the shzded property on the vicinity map. It is per parcel, not per business. Greg Hastings, Zoning Division Manager: Staff can work with the applicant to find trees that do not grow to a height that would block the sign. George Staehling: The front of his building he has a sign above the entryway .ri the glass windows. If he has trees out there then people driving by can not look in the store. Chairman Bristol: Asked what the future plans are for Lincoln Avenue? Greg Hastings, Zoning Division Manager: At the intersection of Lincoln and Stale College there is a City public works project where there will be trees instalied and hopefully that will continue down State College Blvd. and Lincoln Avenue. That is just the first phase. The purpose is fo beautify the area and to get the private property owners enthused about upgrading their landscaping. Chairman Bristol: Asked about pole sign emphasis in the future? Greg Hastings, Zoning Division Manager: It is stronc~ citywide, however, there is no program outside the resort area to actually ha•re city involvement with removal of signs. Chairman Bristol: Informed the applicant that there is going to be a lot of movement on that street in the next 2 to 3 years. It may be tha! the next time he returns before Commission there might very well be mo~ ~ emphasis on the property sign and the landscaping. OPPOSITION: None ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmentai documentation for subject request. Approved reinstatement of Conditional Use Permit No. 3802 for a period of three years (to expire October 30, 2001). Modified Condition Nos.1 and 7 of Resolution ~ 10. PC95-143 to read as follows: "1. That the hours of operation shall be limited to 9:00 a.m to 9:00 p.m., seven days per week. 7. That subject use permit shall terminate on October 30, 2001." Added the following new condition: That within a period of ninety (90) days from the date of this resolution, the existing pole sign shall be re-faced to reflect the existing tenants. VOTE: 6-0 (Commissioner Williams absent} Selma Mann, Assistant City Attorney, presented the 22-day appeai rights. DISCUSSION TIME: 10 minutes (6:09-6:19) 10-26-98 Page 38 10a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 10b. CON6ITIONAL USE PERMIT NO 3995 (RFADVERTtSED) OWNER: Taormina Industries LLC, Attn: Jahn McNamara, P.O. Box 307, Anaheim, CA 92815-0309 AGENT: County of Orange IWMD, Attn: Jeri Muth, 320 N. Flower St., #400, Santa Ana, CA 92703 LOCATION: 1071 North Blue Gum Street - County of Oranae Household Hazardous Wastes Collection Center Property is 1.42 acres located at the southwest comer of La Palma ~venue and Blue Gum Street To amend or delete conditions of approval pertaining to permitted operations to allow a materials exchange program in conjunction with the previously-approved household hazardous wastes collection facility. CONQITIONAL USE PERMIT RESOLUTION N0. PC98-172 Approved amendment • • •- • • o (Commissioner Bostwick declared a conflict of interest.] ApplicanPs Statement: Jeri Muth: State she is with County of Orange Integrated Waste Management Department, and managing the Waste Collection Program. They are seeking approval to implement a materials exchange program at their Anaheim faciliry once it moves to their ne::~ iocation in January. THE PUBLIC HEARING WAS CLOSED. 7PPOSITION: None ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved the request to amend permitted operations to allow a materials exchange program in conjunction with the previously-approved housenold hazardous waste collection faciliry in conjunction with Conditional Use Permit No. 3995 based on the following: (1) That the praposed use is fisted as a conditionally-Rermitted use within Development Area 1A of the Northeast Specific Plan, and that the petitioner complies with the development standard requiring screening of all outdoor components of this facility. (2) That the accessory materials exchange program, as conditioned and operated specifically as described in paragraph no. (9) above, will have no adverse impacts to the adjoining land uses or to the growtl~ and development of the surrounding industrial neighborhood, and as conditioned, will not be detrimental to the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim. (3) That the size and shape of the properry is large enough to support the accessory materials exchange program °n addition to the prevfously approved 10-26-98 Page 39 ~ ~,~~~ ~,.. _rF ~~~' . , G;~, uses on the property, and that the materials exchange program will not create an undue traffic burden since no additional parking will the required for this use. (4) That the approval of ~he accessory materials exchange program, as conditioned and in conformance with operational characteristics as listed in paragraph no. (9) above, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. VOTE: 5-0 (Bostwick declared a conflict of interest and Commissioner Williams was absent) Selma Mann, Assistant City Attomsy, presented the 22-day appeal rights. DISCUS5i0N TIME: 6:20-6:22 (2 minutes) 10-26-98 Page 40 11a. CEDA NEGATIVE DECLARATION Approved 11b. CONDITIONAL USE PERMIT NO. 4070 Granted for 1 year OWNER: Joseph T. Kung and Emma W. Kung, 20866 Quail Run (To expfre 10-26-99) Drive, Diamond Bar, CA 91789 AGENT: Steve Sheldon,100 S. Anaheim, Blvd., #350, Anaheim, CA 92805 LOCATION: 5573 East 5anta Ana Canyon Road - Giatano's Salon. Property is 5.03 acres located at the northwest corner of Imperiai Nighway and Santa Ana Canyon Road. To establish conformity with existing zoning code land use requirements for an existing 55,557 square foot 45-unit commercial center and to permit massage services in an existing 5,565 square foot full-service beauty and skin care spa located within the same commercial center CONDiTIUMAL USE PERMIT RESOLUTiON N0. PC98-173 SR6904DS.DOC • • • • • o (Commissioner Bostwick abstained from this item.] ApplicanYs Statement: Steve Sheldon, 100 South Anaheim Boulevard, #350, Anaheim, CA 92805: They appreciate staff's overall support of rhis project. There are however concerns on a few conditions which are as follows: Condition No. 6- He spoke with Investigator Tom Engle and he was concerned with the privacy of the clients coming in and this information being available as a public record or public document. Investigator Engle assured him that this would be a private list of clientele that Giatano's would hold on to and maintain. That only Investigator Engle would have access to this customer list. He would not want this document to become a public record and ehould the information be given to the Police Department that it would not become a public record. Investigator Tom Engle, Vice Detail-Police Deaartment: His position is that he is not maintaining the records but they are available for the Police Cepartment's review. The applicanPs concern was that someone off the street would walk in and want to view the records regarding Giatano's. Steve Sheldon: Condition No. 2- The permit to expire in one year. He wouid not like the CUP tetminated or expire in one year. Commissioner Boydstun: Indicated that this is standard procPdure. It is the only way to bring CUP's back in to see if there is any input. Steve Shaldon: Condition No. 10 calls for the floor pian to be revised to better integrate the changing rooms and the pedicure. He is not certain how they can do that. Commissioner 6oydstun: They reviewed it and came up with a way that would work, He could take a~d change the pedicure and the changing area. That way they would be across from each other and be going by other people. 10-26-98 Page 41 Steve Sheldon: There is already ptumbing installed in the pedicure area. It is a very expensive process involved for the applicant to change this. He spoke with Davs See, Assistant Planner, and he indicated that there was cancem of young people being around that area because at one time their plans reflected that there was a waiting area near the pedicure area - that is not the case. It is actuaily now a fountain with a retail display of thPir products. The only place youth would be if they came in for a hair cut, would be segregated over to the other side of the business, So they do not anticipate any interaction between aryone under 18 and the massage area. Chairman Bristol: Asked Ms. Flores to confirm that there is a code that men and women with their bath towels on can not be in the same area at the same time. Chery! Flores, Senior Planner: Correct. The code requires that they be scheduled separately unless separate changing areas are provided for each gender. Commissioner Boydstun: Suggested they could condition that they have terry cioth robes avaiiable for the customers and that would eliminate the problem. Steve Sheidon: He realizes the Code required the changing rooms and etc., but from h~s personal experience it is much more convenient to cha~ge in the room. Commissioner Boydstun: Asked if they have a shower or a sauna or anything there? Steve Sheldon: He did not believe there is a shower, Perhaps they can, as suggested, work this through and in one year return and see how the business is working. He appreciated not having to change lhe pedicure area. Greg Hastings, Zoning Division Manager: Regarding the ~ondition pertaining to the one year expiration, suggested making that pertinent to the massage therapy operation portion, not the entire center. Public Testimony: Earl McManus, 5581 East Edgemar Ave., Anaheim, CA: He is concerned about the massage parlor. When they refer to massage parlor there's some indication of something that might not be moral. He wondered what the massage parlor actually is. Commissioner Boydstun: A massage parlor and beaubj shop like this is just an addition to the beauty treatment th~4 the women get. Commissioner Esping: Customers will aiso pay a minimum of approximately $65 to $75 per massage. It is not going to be any high school children wandering in to get a massage. ft is a beauty salon. Chairman Bristol: Asked Mr. McManus if he had seen the salon? Earl McManus: He has driven by and seen the canopy there. Chairman Bristol: It is not what he may think it is, Earl McManus: That is what he was concerned about. Investigator Tom Engle, Vice Detail-Police Department: Every person there that performs a massage will be licensed by the City of Anaheim. That will be after they have a certain amount of testing and schooling completed. The new massage orders will be coming out soon, which is going to drastically alter the way massage permits are given in this City. Earl McManus: That answered his concerns. Chairman Bristol: If this proposal is approved it will be approved for one year only and the applicant will need to reapply. Therefore, if anything of concern happens at that establishment then they will return 10-26-98 Page 42 before Commission and Mr. McManus can retum to complain. However, they do not anticipate any problems to happen at this Iocation. Steve Sheldon: For the record, he thanked the gentleman for waiting and for coming to the public hearing. He will share his concems about the establishment. Chair-nan Bristol: It was brought up at this momings session that this site is missing several trees. Greg Hastings, Zoning Division Manager: They are required to have one tree for every 20-foot of frontage. There are several trees on the property but no where near what the code requires. There is plenty of area to install the trees. Staff can work with the applicant to determine which rype of trees and where they wili be located. Steve Sheldon: He thought the responsibility of the property owner, Mr. Kung. Greg Hastings, Zoning Division Manager: This conditional use permit includes the entire property, the shopping center, the entitlement for that. Steve Sheldon: Asked how many trees they are requiring? Greg Hastings, Zoning Division Manager: Staff will need to determine how many trees are out there. Steve Sheldon: That will also be a part of the conditions with the other application by Mr. Kung? Greg Hastings, Zo~ing Division Manager: Actually, this the application is for the shopping center. Steve Sheldon: There are two CUP's7 Greg Hastings, Zoning Division M~nager: Yes, there is another one. Commissioner Bristol: He asked for a continuance on the second. Steve Sheldon: Would that condition be put on the other application? Greg Hastings, Zoning Division Manager: it would be put on this one, because this is the one that entitles the entire shopping center. In order for the massage service to go forward, that needs to happen first. OPPOSITION: 1 person spoke with concerns. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 4070 with the foilowir~g changes to conditions: Modified Condition Nos. 2, 3 and 6 to read as foilows: 2. That this permit shall expire one (1) year from the date of this resolution. Said time limitatiun is for the massage services use and not for the entire center. 3. That male and female massage cliPnts shall not be served simultaneously, and that separate massage scheduling shall be aRanged to ensure compliance with Code Section 4.29.060 (g). Furher, that terry cioth robes shall be provided and worn between the changing area and the massaga facility. 6. That all records of treatment shalf be maintained on the premises for one (1) year and shall be r~iade avaifabie for inspection by the Anaheim Police Department. 10-26-88 Page 43 ~x 1 k:.: ;: ; Deleted Condition No.10 Added the following new condition: That the appiicant shall meet with staff to determine the number of trees that shall be planted along Santa Ma Canyon Road and Imperiai Highway in orJer to be in compliance with Code requirements. VOTE: 5-0 (Bostwick declared a conflict of interest and Commissloner Williams was absent) Selma Mann, Assistant City ~ttomey, presented the 22-day appeal rights. DISCU~SION TIME: 17 minutes (6:23-6:40) 10-28-98 Page 44 ~a ~;,~; .5•' ~`-~~; ~.' ~ ~ . 12b. 12b. OINNER: Joseph T. Kung and Emma W. Kung, 20866 E. Quail Run Drive, Diamond Bar, CA 91789 LOCATION: 5555 - 5665 East Santa Ana Canyon Road - Irrperial Canyon Center. Property is 5.03 acres located at the northwest comer of Imperial Highway and Santa Ana Canyon Road, on the no~th side of Santa Ana Canyon Road To permit the expansion of an existing 55,557 square fioot, 48-unit, commercial center by the construction of two, 2-story,13,703 square foot (total) buildings, with 39 new units, for a total of 87 units (office, retail, financial and restaurant uses) within a totai of 69,260 Square feet with waivers of (a) permitted number and type of commercial identification signs, (b) minimum number of parking spaces, (c) minimum landscaped setback adjacent to a scenic highway and (d) minimum landscaped setback adjacent to a local street. CONDITIONAL USE PERMIT RESOLUTION N0. 11-9-98 SR7258KP s o ~~ ~, o • • • OPPOSITION: None ACTI~N: Continued subject request to the November 9,1998 Planning Commission meeting as requested by the petitioner in a letter dated October 22, 1998. VOTE: 6-0 {Commissioner Williams absent) DISCUSSION TIINE: This item H• ~s not discussed. ~o-2s-sa Page ~15 ~Y ~ ~~~•:'.-i . MEETING ADJOURNED AT 6:40 P.M. ' TO MONDAY, NOVEMBER 9,1998 AT 10:00 A.M. FOR ' PLANNING GOMMISSION EDUCATIONAL WORKSHOP, PART ili ', Submitted by: ~ v~.s~ Ossie Edmund~on Senicr Secretary 10-26-98 Page 46