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Minutes-PC 2000/12/18u O P~PHE~M ~4`~* C ITY O F ANAH E I M F 2 ~ ~ PLANNING COMMISSION MINUTES .n~4NDED ,6y1 DATE: MONDAY, DECEMBER 18, 2000 MORNING SESSION: Chairperson Koos called the Morning Session to order at 11:00 a.m. at the field workshop on telecommunications. 11:00 A.M. • Staff update to Commission of various City developments and issues (as requested by Planning Commission) • Preliminary Plan Review r 1 ~~ C J PUBLIC HEARING: 1:30 P. M PLEDGE OF ALLEGIANCE: COMMISSIONERS PRESENT: STAFF PRESENT: Chairperson Koos calied the Public Hearing to order at 1:30 p.m. in The Council Chambers and welcomed those in attendance. Public Hearing Testimony The Pledge Allegiance was led by Commissioner Bristol. Arnold, Bostwick, Boydstun, Bristol, Koos, Napoles, Vanderbilt Selma Mann Greg Hastings Greg McCafferty Don Yourstone Alfred Yalda Melanie Adams Brent Schultz Christine Long Ossie Edmundson Randy West Elly Fernandes Assistant City Attorney Zoning Division Manager Senior Planner Senior Code Enforcement Officer Principal Transportation Planner Associate Engineer Redevelopment Manager Senior Real Property Agent Senior Secretary Police Sergeant Senior Word Processing Operator AGENDA POSTING: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on Friday, December 15, 2000, inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. PUBLISHED: Anaheim Bulletin Newspaper on Thursday, November 23, 2000. H:DOCS\CLERICAL\MINUTESWC121800.DOC planningcommission@anaheim.net 12-18-00 Page 1 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~. • • ITEMS OF PUBLIC INTEREST: Receiving and approving the Minutes for the Planning Commission Meetings of Approved November 20, 2000. (Motion) (7-0) ACTION: Commissioner Bostwick offered a motion, seconded by Chairperson Koos and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the minutes for the Planning Commission meeting of November 20, 2000. Receiving and approving the Minutes for the Planning Commission Meetings of Continued to December 4, 2000. (Motion) January 3, 2001. 12-18-00 Page 2 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~. 1. REPORTS AND RECOMMENDATIONS A. CEQA EXEMPTION SECTION 15061 (b)(3) Approved CODE AMENDMENT NO. 2000-00005: City-initiated (Pianning Recommended Department), 200 South Anaheim Boulevard, #162, Anaheim, CA Adoption to City 92805, request to amend Title 18 of the Anaheim Municipal Code Council to eliminate the use of administrative adjustments for waivers of minimum fence height and maximum fence height in the front yard (Vote: 6-0, in single-family zones, properties developed with single-family Commissioner homes in any zone, multiple-family zones and properties Vanderbilt absent) developed with multiple-family homes in any zone. ACTION: Commissioner 8oydstun offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Vanderbilt absent}, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of a CEQA Exemption Section 15061 (b)(3}, as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirements to prepare additional environmental documentation. • • Commissioner Boydstun offered a motion, second by Commissioner Bristol and MOTION CARRIED (Commissioner Vanderbilt absent), that the Anaheim City Planning Commission does hereby recommend to the City Council adoption of the draft the ordinance (attached to the December 18, 2000, Planning Commission staff report) amending Title 18 of the Anaheim Municipal Code to eliminate the use of administrative adjustments for waivers of (a) minimum fence height in any zone, and (b) maximum fence height in the front yard in single- family zones, properties developed with single-family homes in any zone, multiple-family zones and properties developed with multiple- family homes in any zone. SR1160JD.DOC Greg McCafferty, Senior Planner, introduced this item stating this is a City-initiated request to amend Title 18 of the Anaheim Municipal Code to eliminate ti~e use of administrative adjustments for waivers of (a) minimum fence height in any zone, and (b) maximum fence height in the front yard of single-family zones, properties developed with single-family homes in any zone. 12-18-00 Page 3 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • B. a) CEQA EXEMPTION SECTION 15061 (b)(3) b) ADOPTION OF A RESOLUTION PRESCRIBING PROCEDURES AND RULES OF ORDER FOR THE CONDUCT OF PLANNING COMMISSION MEETINGS: City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA 92805, requests that Planning Commission a) adopt a resolution prescribing procedures and rules of order for the conduct of Commission meetings; and b) forward the procedures and rules of order to the City Council and request that the Council, by motion, approve said procedures and rules of order as prescribed by the Planning Commission. Approved Recommended adoption of resolution approving procedures and rules of order to City Council (Vote: 6-0, Commissioner Vanderbilt absent) ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Napoles and MOTiON CARRIED (Commiss+oner Vanderbilt absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15069 (b)(3), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirements to prepare additional environmental documentation. • Commissioner Bristol offered a motion, second by Commission Arnold and MOTION CARRIED (Commissioner Vanderbilt absent), that the Anaheim City Planning Commission does hereby adopt a resolution (attached to the December 18, 2000, Planning Commission staff report) prescribing procedures and rules of order for the conduct of Commission meetings; and that the Council, by motion, approve said procedures and rules of order as recommended by the Planning Commission. PROCEDURES RESOLUTION NO. PC2000-143 • SR7873GM.DOC Greg McCafferty, Senior Planner, introduced this item by explaining that on November 20, 2000, the Commission held a workshop to consider establishing procedures and rules of order for the conduct of its meetings. The Commission received input from staff for incorporation into a procedures resolution. Staff then incorporated Commission's requested changes as well as a provision regarding Council Policy No. 124 which governs requests for work by the Commission intended to ensure the efficient, orderly and economical operation of the City. Staff requests Commission adopt a resolution prescribing procedures and rules of order for the conduct of the Commission meetings and that Commission recommend to City Council, by motion, approval of procedures and rules of order as recommended by Commission. 12-18-00 Page 4 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES 1, C. a) CEQA NEGATIVE DECLARATION (PREV.-APPROVED) Approved b) CONDITIONAL USE PERMIT NO. 4170 (CUP TRACKING NO. Approved final plans 2000-04313) - REQUEST REVIEW AND APPROVED OF FINAL PLANS: Light of the Canyon Methodist Church, 101 Chaparral {Vote: 6-0, Court, Anaheim, CA 92808, request for review and approval of Commissioner final building elevations, materials and colors, and roof mounted Vanderbiit absent) equipment plans. Property is located at 101 Chaparral Court (Light of the Canyon United Methodist Church). ACT10N: Commissioner Bristol offered a motion, seconded by Commissioner Arnold and MOTION CARRIED (Commissioner Vanderbilt absent), that the Anaheim City P(anning Commission does hereby determine that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bristol offered a motion, second by Commission Arnold and MOTION CARRIED (Commissioner Vanderbilt absent), that the Anaheim City Planning Commission does hereby approved the final building elevations, materials and colors, and roof-mounted equipment plans as being in compfiance with Condition No. 26 of Resolution PC2000-23 for Conditional Use Permit No. 4170 (CUP Tracking No. SR7868KP.DOC 2000-04313). ~• • Greg McCafferty, Senior Planner, introduced this item stating this request is for approva! of final building elevations, materials and colors, and roof-mounted equipment plans for a previously-approved church facility, located at 101 Chaparral Court - Light of the Canyon United Methodist Church, with accessory training center classrooms. 12-18-00 Page 5 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • D. a) CEQA NEGATIVE DECLARATION (PREV.-APPROVED) Approved b) CONDITIONAL USE PERMIT NO. 4160 (CUP TRACKING NO. Approved final plans 2000-04315) - REQUEST REVIEW AND APPROVED OF FINAL PLANS: Jim Moffett, 1224 Village Way, Suite D, Santa Ana, CA (Vote: 6-0, 92705, request for review and approval of final elevations plans, Commissioner landscaping plans, signage plans and outdoor lighting plans. Vanderbilt absent) Property is located at 130 South Knott Street. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Vanderbift absent}, that the Anaheim City Planning Commission does hereby determine that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. ~ ~ • Commissioner Boydstun offered a motion, second by Commissioner Bristol and MOTION CARRIED (Commissioner Vanderbilt absent), that the Anaheim City Planning Commission does hereby approve the final elevations plans, landscaping plans, signage plans and lighting plans for Conditional Use Permit No. 4160 (CUP Tracking No. 2000- 04315) as submitted subject to the modifications as described in paragraph no. 12 of the staff report dated December 18, 2000 (except for the additional wainscot) including the modifications fo the landscape plans (incorporating tall plantings adjacent to the west building elevation facing Knott Street in lieu of the wainscot) regarding a berm in the planter area adjacent to Knott Street for the monument sign, the modifications to the monument sign, and the removal of the wall sign. Staff will review these modifications on the plans submitted to the Building Division for building permits. SR7867KB.DOC Greg McCafferty, Senior Planner, introduced this item stating this is a request for approval of final elevation plans, landscaping plans, signage pfans and outdoor lighting plans for a previously-approved self-storage facility. ApplicanYs Statement: Jim Moffett indicated he was available to answer any questions. Greg McCafferty stated that at the morning session there was discussion about replacing landscaping along the building which staff would be supportive of. 12-18-00 Page 6 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ~. PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2000-04272 OWNER: Ellas Properties, Attn: Don Bering, 5395 East La Palma Avenue, Anaheim, CA 92807 Canyon Commercial Center, Attn: Mark Poochigian, 5000 Birch Street, #510 East Tower, Newport Beach, CA 92660 LOCATION: Portion A: 5375 East La Palma Avenue. Property is 1.1 acre located at the northwest corner of La Palma Avenue and Brasher Street. Portion B: 5395 East La Palma Avenue and 1370- 1400 North Brasher Street. Property is 5.02 acres located at the northeast corner of La Palma Avenue and Brasher Street. ~ J Portion C: 5401 East La Palma Avenue * Property is 12.2 acres located on the north side of La Palma Avenue, 270 feet east of the centerline of Brasher Street. To permit an expansion to an existing automotive dealership facility with waiver of (a) maximum number of monument signs, (b) minimum distance between monument signs, (c) maximum floor area ratio and (d) permitted encroachments into required yards. Continued from the Commission meetings of October 23, November 6, November 20, and December 4, 2000. * Originally advertised as 5401, 5403 and 5405 East La Palma Avenue. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to Wednesday, January 3, 2001. SR7869KB.DOC Commissioner Boydstun offered a motion for continuance to January 3, 2001, seconded by Commissioner Arnold, vote taken and motion carried. OPPOSITION: None ACTION: Continued subject request to Wednesday, January 3, 2001 in order to allow the applicant additional time to resolve outstanding leasing issues. • VOTE: 6-0 (Commissioner Vanderbilt absent) DISCUSSION TIME: This item was not discussed. 12-18-00 Page 7 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES (. 3a. CEQA NEGATIVE DECLARATION Approved 3b. RECLASSIFICATION NO. 2000-00039 Granted, unconditionally 3c. VARIANCE NO. 2000-04416 Granted, in part 3d. TENTATIVE TRACT MAP NO. 16171 Approved OWNER: Anaheim Redevelopment Agency (Attn: Elisa Stipkovich, Executive Director), 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 LOCATION: 604-626 South Lemon Street, 123 and 133 West Stueckle Avenue, 122-142 West Water Street. Property is 2.4 acres located at the southeast corner of Lemon Street and Water Street. Reclassification No. 2000-00039 - Requests reclassification of subject property from the RM-2400 (Residential, Multiple-Family) and CH (Commercial, Heavy) Zones to the RS-5000 (Residential, Single-Family) Zone. C ~ * Variance No. 2000-04416 - Waiver of (a) minimum number of parking spaces, (b) minimum building site and pad area, (c) maximum lot coverage, (d) minimum building site width, and (e) minimum side yard setback, to establish an "affordable" single-family residentia! subdivision. Tentative Tract Map No. 16171 - To establish a 9-lot (8 numbered, 1 lettered) "affordable" single-family residential subdivision. * Waivers (a) and (e) have been deleted. Continued from the Commission meeting of November 20, 2000. RECLASSIFICATION RESOLUTION NO. PC2000-138 VARIANCE RESOLUTION NO. PC2000-139 • SR1081TW.DOC Greg McCafferty, Senior Planner, introduced this item stating this is a request to reclassify subject property from RM-2400 (Residential, Multi-Family) and CH (Commercial, Heavy) Zones to the RS-5000 (Residential, Single-Family) Zone. The request includes approval of a Tentative Tract Map to establish a 9-lot (8 numbered, 1 lettered) subdivision and Variance with waivers of a) minimum number of parking spaces, (b) minimum building site and pad area, (c) maximum lot coverage, (d) minimum building site width, and (e) minimum side yard setback, to construct an "affordable" single-family residential subdivision. 12-18-00 Page 8 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • Applicant's Statement: Brent Schultz, Redevelopment Manager, explained that this was continued from the November 20, 2000, Planning Commission meeting in order to provide further information to Commission regarding comparable sized properties in the area, the use of an alley for vehicular access, and the conceptual proposal for development of Lot 8. He explained to Commission that several parcels in the area were smaller than the proposed lots and that the proposed layout of the project was consistent with the majority of the homes bounded by Santa Ana Street, South Street, Anaheim Boulevard and West Street. He also explained this was an affordable housing project that is entitled to two incentives or waivers. Robert Moore, 560 South Lemon Street, Anaheim, stated he gave testimony at the previous public hearing and indicated that after reviewing the revised plans he was now fully supportive of this proposal. OPPOSITION: None ACTION: Approved Negative Declaration Granted Reclassification No. 2000-00039, unconditionally, of subject property from the RM-2400 (Residential, Multiple-Family) and CH (Commercial, Heavy) Zones to the RS-5000 (Residential, Single-Family) Zone. Granted Variance No. 2000-04416, in part, Approving waivers (b) minimum building site and pad area, (c) maximum lot • coverage, and (d) minimum building site width, and deleting waivers (a) minimum number of parking spaces, and (e) minimum side yard setback, since they have been deleted based on revised plans. Approved Tentative Tract Map No. 16171 to establish a 9-lot (8 numbered, 1 lettered) "affordable" single-family residential subdivision. VOTE: 6-0 (Commissioner Vanderbilt absent) Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for Tentative Tract Map No. 16171 and the 22-day appeal rights for Reclassification No. 2000-00039 and Variance No. 2000-04416. DISCUSSION TIME: 13 minutes (1:37-1:50) • 12-18-00 Page 9 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES (. LOCATION: 2951-2961 West Lincoln Avenue. Property is approximately 25 acres located on the north side of Lincoln Avenue, 320 feet east of the centerline of Beach Boulevard. To reclassify subject property from the RM-1,000 and RM-1,200 (Residential, Multiple-Family) Zones to the RS-A-43,000 (Residential/Agricultural) Zone. Continued from the Commission meeting of October 23, 2000. RECLASSIFICATION RESOLUTION NO. ~~ SR2051DS.DOC 4a. CEQA NEGATIVE DECLARATION 4b. RECLASSIFICATION NO. 2000-00038 Withdrawn CITY-INITIATED: Community Development Department (Redevelopment Agency), Attn: Elisa Stipkovich, 201 South Anaheim Boulevard, #1003, Anaheim, CA 92805 Commissioner Bostwick offered a motion for a withdrawal of Conditional Use Permit No. 2000-00038, . seconded by Commissioner Arnold, vote taken and motion carried. I • • ~ ~- ~ ~ • • ~ • OPPOSITION: None ACT(ON: Commissioner Arnold offered a motion, seconded by Commissioner Bostwick and MOTiON CARRIED (Commissioner Vanderbilt absent), that the Anaheim City Planning Commission does hereby accept staff's request for withdrawal of Reclassification No. 2000-00038. VOTE: 6-0 (Commissioner Vanderbilt absent) DISCUSSION TIME: This item was not discussed. C J 12-18-00 Page 10 DECEMBER 48, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES 1. 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 5b. CONDITIONAL USE PERMIT NO. 3541 Approved reinstatement (CUP TRACKING NO. 2000-04287) with deletion of time limitation CITY-INITIATED: Community Development Department (Redevelopment Agency), Attn: Elisa Stipkovich, 201 South Anaheim Boulevard #1003, Anaheim, CA 92805 LOCATION: 195 West Center Street Promenade. Property is 0.2 acre located at the northeast corner of Center Street Promenade and Lemon Street. To consider reinstatement of this permit (reinstated on August 21, 1995, and expired on September 9, 2000) and modification or deletion of a condition of approval pertaining to a time limitation for a previously- approved outdoor dining area in conjunction with a full-service restaurant with on-premise sale and consumption of alcoholic beverages. (. CONDITIONAL USE PERMIT RESOLUTION NO. PC2000-140 SR2046DS.DOC Greg McCafferty, Senior Planner, introduced this item stating this is a request for reinstatement of this permit and to modify or delete conditions of approval pertaining to a time limitation for a previously- approved outdoor dining area in conjunction with a full-service restaurant with on-premise sale of consumption of alcoholic beverages. Applicant's Statement: Christine Long, Senior Real Property Agent, Community Development Department, stated that they are requesting reinstatement of Conditional Use Permit No. 3541 for a previously-approved outdoor dining area in conjunction with a full-service restaurant with on-premise sale and consumption of alcoholic beverages. This property is located within the Downtown Project Alpha Redevelopment Area. On August 21, 1995, Commission reinstated this permit for a period of six years. There have been no modifications to the building or the site. The building was formerly occupied as a restaurant and since went out of business (formerly Zorba's Restaurant). Even though this restaurant space is currently vacant, the Redevelopment Agency proposes to retain the outdoor seating entitlemenf to allow for a future full-service restaurant tenant. The Agency continues to encourage quality sit-down restaurants in the downtown area and has been marketing this site for a future restaurant. The Agency feels that downtown restaurants are an integral land use compatible with the existing commercial uses within the immediate vicinity. This vacant space is also occasionally used as a part of various promotional, charitable, and recreational downtown events sponsored by the City. ~• 12-18-00 Page 11 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES /, OPPOSITION: None ACTION: Determined that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved reinstatement of Conditional Use Permit No. 3541 (Cup Tracking No. 2000- 04287), and deletion of a time limitation. Amend Resolution Nos. PC92-104 and PC95-98, in their entirety to be replaced with a new resolution which includes the following conditions of approval: 1. That there shall be no direct pedestrian access to the outdoor dining area from the pubiic sidewalk. All access to the outdoor dining area shall be solely through the restaurant. 2. That this establishment shall be operated as a"Bona Fide Public Eating Place" as defined by Section 23038 of the California Business and Professions Code. 3. That there shall not be any off-street or walk-in sale of alcoholic beverages; and that alcoholic beverages shall only be served in conjunction with the restaurant. '. 4. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 5. That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 6. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside, promoting or indicating the availability of alcohol beverages, with the exception of one (1) sign indicating "cocktails." 7. That there shall be no pool tables or coin-operated games maintained upon the premises at any time. 8. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries, and in cases of emergency. 9. That a valid City of Anaheim business license shall be obtained from the Business License Division of the Finance Department. (. 12-18-00 Page 12 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES ', 10. That subject property shall be developed and maintained substantiaily in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3, and 4. 11. That any future signage shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendation item. 12. That no vending machines or arcade devices shall be permitted on the subject property. 13. That there shall be no public telephones on the premises located outside the building and within the control of the applicant. 14. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. VOTE: 7-0 (Commissioner Vanderbilt was present for this item and the remainder of the meeting (Item Nos. 9, 10, and 11.)) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. '. DISCUSSION TIME: 3 minutes (1:51-1:54) (. 12-18-00 Page 13 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • 6a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 2000-04284 Continued to Wednesday, January 17, 2001. OWNER: Southern California Edison, Attn: Louis R. Salas, 14799 Chestnut Street, Westminster, CA 92683 AGENT: Katella Operating Properties, Attn: Gregory J. Knapp, 151 Kalmus Drive F-1, Costa Mesa, CA 92626 LOCATION: Portion A: 1611 and 1621 South Claudina Way.* Property has a frontage of 270 feet on the east side of Anaheim Boulevard, 1,035 feet south of the centerline of Cerritos Avenue. Portion B: 1610 and 1620 South Claudina Way. Property has a frontage of 270 feet on the east side of Claudina Way, 1,450 feet north of the centerline of Katella Avenue. * 1600 South Anaheim Boulevard address was originally advertised but has subsequently been deleted. To establish a multipurpose storage yard for building materials, recreational vehicle/boat and vehicle storage with accessory modular office building. CJ Continued from the Commission meeting of December 4, 2000. CONDITIONAL USE PERMIT RESOLUTION NO. \ J SR7871 KP.DOC Commissioner Napoles offered a motion for continuance to January 17, 2001, seconded by Commissioner Boydstun, vote taken and motion carried. OPPOSITION: None ACT{ON: Continued subject request to Wednesday, January 17, 2001, as requested by the applicant. VOTE: 6-0 (Commissioner Vanderbilt absent) DISCUSSION TIME: This item was not discussed. 12-18-00 Page 14 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • 7a. CEQA NEGATIVE DECLARATION Continued to 7b. CONDITIONAL USE PERMIT NO. 2000-04294 Wednesday, January 17, 2001. OWNER: Southern California Edison, Attn: Louis R. Salas, 14799 Chestnut Street, Westminster, CA 92683 AGENT: Katella Operating Properties, Attn: Gregory J. Knapp, 151 Kalmus Drive F-1, Costa Mesa, CA 92626 LOCATION: Property consists of two parcels located on the east and west side of the cul-de-sac on South Claudina Way between Cerritos Avenue and Katella Avenue. Portion A: 1611 South Claudina Way and 1621 South Claudina Way. Property has a frontage of 270 feet on the east side of Anaheim Boulevard, 1,035 feet south of the centerline of Cerritos Avenue. Portion B: 1610 and 1620 South Claudina Way. Property has a frontage of 270 feet on the east side of Claudina Way, 1,450 feet north of the centerline of Katella Avenue. To permit a wholesale automobile auction facility with on-site storage of vehicles. \ J CONDITIONAL USE PERMIT RESOLUTION NO. II SR7872KP.DOC u Commissioner Boydstun offered a motion for continuance to January 17, 2001, seconded by Commissioner Napoles, vote taken and motion carried. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to Wednesday, January 17, 2001, as requested by the applicant. VOTE: 6-0 (Commissioner Vanderbilt absent) DISCUSSION TIME: This item was not discussed. 12-18-00 ~ Page 15 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • 8a. ENVIRONMENTAL IMPACT REPORT NO. 321 (PREV.-CERTIFIED) Continued to (EIR TRACKING NO. 2000-00325) Wednesday, 8b. VARIANCE NO. 2000-04417 January 3, 2001 OWNER: Tejas Partners, Attn: Mr. Michael Moore, 1748 West Katella Avenue #206, Orange, CA 92867 AGENT: Robert Jacques, Architect, 11757 San Vicente Boulevard #4, Brentwood, CA 90049 LOCATION: 1501-1551 South Douglass Road. Prope~ty is 7.25 acres located on the west side of Douglass Road, 690 feet north of the centerline of Katella Avenue. Waiver of minimum landscaped setback abutting a freeway, and approval of Final Site Plans to construct one (1) two-story and one (1) four-story office building. VARIANCE RESOLUTION NO. SR1080TW.DOC Commissioner Boydstun offered a motion for continuance to January 3, 2001, seconded by Commissioner Bristol, vote taken and motion carried. • FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to Wednesday, January 17, 2001, in order for the applicant to address certain issues with City staff and the architect. VOTE: 6-0 (Commissioner Vanderbilt absent) DISCUSSION TIME: This item was not discussed. • 12-18-00 Page 16 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • 9a. CEQA NEGATIVE DECLARATION 9b. WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT NO. 2000-04291 OWNER: Squillace Equity Limited Partnership, Attn: Larry & Niki Squillace, 2191 South Harbor Boulevard, Anaheim, CA 92802 AGENT: D. Michael Hamner, 208 West Floral Drive, Monterey Park, CA 91750 LOCATION: 2191 South Harbor Boulevard. Property is 0.61 acre located at the northwest corner of Harbor Boulevard and Wilken Way. To permit a freestanding restaurant with on-premises sale and consumption of beer and wine with waiver of minimum number of parking spaces. • CONDITIONAL USE PERMIT RESOLUTION NO. PC2000-141 Approved Approved Granted, in part SR1082TW.DOC Greg McCafferty, Senior Planner, introduced this item indicating that this is a request to permit a freestanding restaurant with on-premises sale and consumption of beer and wine with waiver of minimum number of parking spaces for property located at 2191 South Harbor Boulevard. Applicant's Statement: Michael Hammer, architect and agent for the applicant, explained that they are proposing to construct a Carrow's Restaurant with a 320 square foot outdoor area and sales of beer and wine for on-premises consumption. They are proposing one wall sign on the south elevation adjacent to Wilken Way and one wall sign on the east elevation on Harbor Boulevard. In addition, they are also proposing a freestanding monument sign to be located adjacent to Harbor Boulevard immediately north of the main entrance to the restaurant. All the signs will consist of "Carrow's Restaurant" lettering. He thanked Mr. Ted White for his assistance and requested Commission to approve their proposal. THE PUBLIC HEARING WAS CLOSED. Michael Hammer explained that they would like to include as part of the application the sidewalk frontage. The Anaheim Resort (Community Planning Area No. 15) to the north is up the street. They are losing some visibility due to the new hotels and not picking up signage perpendicular to the street. They feel the freestanding monument sign is necessary for lack of visibility due to the new hotels to the south of this location. \ J Commissioner Bristol stated as you drive on Harbor Boulevard southbound. 12-18-00 Page 17 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • Greg McCafferty explained that in order to create a pedestrian-oriented restaurant to capture the foot traffic between Disneyland and the new hotels to the south of this property, the applicant is proposing to locate the main entrance and outdoor dining area immediately adjacent to Harbor Boulevard. This would give the restaurant greater visibility of the proposed wall sign above the main entrance. Therefore, based on the visibility of the main wall sign, and the overcrowded appearance of the freestanding monument sign immediately north of the main entrance, staff recommends a condition to prohibit freestanding signage and limiting signage to the proposed wall sign. Michael Hammer indicated that part of their argument is that there is vehicular traffic and that visitors from out of town are not familiar with the area. The monument sign would give them a better visibility. It does present a problem with southbound traffic. He explained that they are not debating with staff, but they only have two signs for the building and need the third freestanding monument sign. OPPOSITION: None ACTION: Approved Negative Declaration Approved the Waiver of Code Requirement, as follows: Approved waiver pertaining to minimum number of parking spaces based on the parking study findings and the recommendation of the City Traffic and Transportation Manager contained in paragraph nos. (16) and (21) of the staff report dated December 18, 2000. • Granted Conditional Use Permit No. 2000-04291, in part, with the following change to conditions of approval: Modified Condition No. 33 to read as follows: 33. That signage shall be limited to one (1) monument sign and one (1) wall sign above the main entrance on the east building elevation facing Harbor Boulevard as shown on Exhibit Nos. 1, 6 and 7. Any additional signage shalf be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 13 minutes (1:55-2:08) u 12-18-00 Page 18 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • 10a. CEQA NEGATIVE DECLARATION 10b. WAIVER OF CODE REQUIREMENT 10c. CONDITIONAL USE PERMIT NO. 2000-04289 OWNER: Sanwa Bank, Attn: Stan Olson, 601 South Figueroa Street W11-4, Los Angeles, CA 90017 AGENT: West Coast Islamic Society, Attn: Abdel-Jabbar Hawdan, 708 North Va11ey Street #T, Anaheim, CA 92801 LOCATION: 1717 South Brookhurst Street. Property is 1.97 acres located at the southwest corner of Crestwood Lane and Brookhurst Street. To permit a religious and cultural education center with waiver of (a) required setback for institutional uses adjacent to residential zones, and (b) minimum number of parking spaces. • CONDITIONAL USE PERMIT RESOLUTION NO. Continued to January 29, 2001. SR7870KB.DOC Greg McCafferty, Senior Planner, introduced this item indicating this is a request to permit a religious and cultural education center with waiver of required setback for institutional uses adjacent to residential zones and minimum number of parking spaces. ApplicanYs Statement: Abdel-Jabbar, 1144 N. Gilbert, Anaheim, stated that he came before Commission five years ago requesting a CUP. Since their original request their congregation has grown. Chairperson Koos asked Mr. Abdel-Jabbar if he had read the staff report and conditions of approval. Abdel-Jabbar replied he had and was in agreement. Public Testimony: Steve Nga stated his family owns adjacent property and indicated he had submitted a petition from all tenants adjacent to said property. Based on tenanYs reactions, he felt there is going to be a problem with the tenants trying to find parking and does not see how the proposed religious and cultural education center (mosque) is going to have sufficient parking spaces. He does not feel that this is the right location for a religious center. • He suggested to have signs limiting parking to an hour and limiting the number of the total congregation. He stated that substantial traffic is also a major concern. 12-18-00 Page 19 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • Applicant's Rebuttal: Abdel-Jabbar felt that the religious center will not have a negative affect to the surrounding area and felt that the impact is going to be positive. There will not be many people during the day but rather more on the weekends. Belad Dalati submitted photos to Commission showing the condition of the property which included homeless people, trash, etc. He also submitted a brochure showing how their proposal would improve the property. They pray 5 times a day and anticipated that there would possibly be traffic on Fridays and weekends. They will have contracted security, a cleaning crew, gardener and overall improve the property and area by this proposal. THE PUBLIC HEARING WAS CLOSED. Commissioner Boydstun indicated that parking is a concern and suggested that the parking be marked to ensure parking is available to them. Alfred Yalda, Principal Transportation Planner, thought that it could be and advised that it is a reciprocal area parking. Greg McCafferty indicated that it is a 5% deviation from code. Alfred Yalda indicated that their parking is 95% of the parking code which is more than adequate parking on the site. Chairperson Koos asked whether they could condition 1 hour parking nearest to the shop. • Alfred Yalda felt it was a good idea for a parking time limitation and wondered whether they would like to limit the amount of parking time for employees. Greg McCafferty suggested that there be a condition that the applicant verify that they have a reciprocal parking agreement. Commissioner Boydstun referred to the brochure which states that they meet each Friday. Conditions of approval limits the parishioners to 500 as indicated in the brochure. Abdel-Jabbar indicated that there are two prayers sessions on Friday. Commissioner Arnold asked how many of the parishioners are adults and how many are children. Abdel-Jabbar replied that there are 200 adults and the rest are children. Commissioner Vanderbilt indicated that the brochure indicates 500 parishoners. With 1 to 2 sessions at 45 minutes for prayer service. In order to accommodate the two prayer session they would need to limit the time of each session. Commissioner Bristol was concerned with moving forward on this request because they need to verify that there is a reciprocal parking agreement. Alfred Yalda suggested to the applicant to provide a parking study for the center to see what the ratio is and what are the actual needs. He recommended that the City verify those figures. • Commissioner Bristol offered a motion for continuance to January 29, 2001, seconded by Commission Napoles, vote taken and motion carried. 12-18-00 Page 20 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • • • ~ •- • ~ • • • • OPPOSITION: 1 person in opposition ACTION: Continued subject request to Wednesday, January 29, 2001 in order to conduct a parking study and verify the reciprocal parking agreement. VOTE: 7-0 DISCUSSION TIME: 24 minutes (2:09-2:33) i • 12-18-00 Page 21 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES L ~ 11a. CEQA CATEGORICAL EXEMPTION-CLASS 1 11b. CONDTIONAL USE PERMIT NO. 2000-04293 Approved Denied OWNER: Dong Soon Park, 715 South Webster Avenue #17, Anaheim, CA 92804 AGENT: Elvia Husting, 18521 Clyde Park Avenue, Cerritos, CA 90703 LOCATION: 1523 West Katella Avenue. Property is 0.57 acre located at the northeast corner of Katella Avenue and Bayless Street. To permit the sale of beer and wine for on-premises consumption in conjunction with a fast food sandwich shop and deli within a previously- approved convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. PC2000-142 • SR7864KB.DOC Greg McCafferty, Senior Planner, introduced this item indicating that this is a request to permit the sale of beer and wine for on-premises consumption in conjunction with a fast food sandwich shop and deli within a previously-approved convenience market. He submitted additional petition that were received to Commission. Applicant's Statement: Elvia Husting, 18521 Clyde Park Avenue, Cerritos, stated that they are requesting to permit the safe of beer and wine for on-premises consumption in conjunction with a fast food sandwich shop and deli. Originally when they started their business they had no desire to offer beer and wine, but since then 45 of their clients have requested that they offer beer and wine. Most clients are within walking or driving distance. She felt that on-premise sales of beer and wine will increase their income. They have done very well and their business and subject area has improved. Since the permit was approved they have painted the building and cleaned up the property which is now free of graffiti. In reviewing the staff report she had a concern with Condition No. 2(0), page 7 of the staff report requiring that there be no outside phones. She indicated that the phones were there before they purchased property and have had no problem. They sell prepaid phone cards to customers and if the outside phone is removed then their income would be affected. She was also concerned with Condition No. 2(i) of the staff report requiring that there be no exterior advertising of any kind promoting the sale of beer and wine. They would like to advertise other products to make customers aware the other items are for sale. She felt by granting the request it would be an asset to the community. i 12-18-00 Page 22 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • Chairperson Koos indicated that at the morning session the question came up about the nature of the business and the intention of the operations. Whether it is actually a restaurant versus a market. Elvia Husting replied that 60% of their business is take-out food and 40°/a is the market. They have seating for 10 people to sit and eat. Public Testimony: Don Delucous, 1523 West Old Gate, Anaheim, indicated he asked people in the area to sign a petition to deny this permit. This is a residential area and there has been nothing but problems with this property. In the past there has been a lot of trash and there have been two robberies. He complimented the applicant for cleaning the property and eliminating the graffiti but indicated that the owner is difficult to deal with. There is a nearby school in the area and children walk to and from that location. He felt traffic would be increased. The landscaping is still not kept up as it should be. He asked Commission to reconsider approving this license. There are already 9 establishments in the area selling beer and wine. Liquor store a block from each site. How many more are needed? Kent Husting, son of the owner, indicated regarding landscaping, there are conditions of approval regarding requirements for the landscaping. Mr. Delucous is not a customer of the store. Their customers are nice people in the area. Regarding the petition circulated in the neighborhood. He was told by a staff member that they were not allowed to submit a petition. Regarding telephones, the crime rate is 20% lower and they take care of the area and keep it clean. There have been five other people in the past that have failed at the location and he feels they need the beer and wine license for them to continue to suroive. • THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol asked the Police Department about statistics for this area. Randy West gave crime statistics for the north, south, east and west reporting districts surrounding subject property. He concluded by recommending that public phones should be inside the business as Commission has required in the past. Commissioner Boydstun also agreed that that the condition regarding the public phones should remain. Commissioner Bostwick asked who had the phones installed and receives the revenue. Elvia Husting replied she did not know and thought perhaps the owner of the building was receiving the revenue. Commissioner Vanderbilt asked about the selling of the calling cards and the use of the public phone. Elvia Husting explained that customers purchase calling cards and use the public phone outside. Many of those people who purchase the calling cards have families in Mexico and call them to indicate that they sent money to them and that it was received. Commissioner Vanderbilt suggested why not move the public phones inside instead. Elvia Husting replied that they do not have the room inside the business and people prefer to use the phone outside. ~ 12-18-00 Page 23 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • Kent Husting added that they do not have room inside to place a phone and do not want people to hang in the back. They can relocate the phone to another location outside the building but they do need the phones outside. Chairperson Koos felt that they should reconfigure their business to accommodate the phones inside. Selma Mann, Assistant City Attorney indicated that the applicant may not have control over the placement of the phones since they are not the owners. There should be some input from the property owner relative to putting a condition on it. It goes with the land but will never be able to be achieved. Chairperson Koos asked if this is a nexus issue. Selma Mann advised that the owner should have notice and has the right to appeal to the City Council or return for a modification of condition that cannot be meet. Commissioner Bostwick has difFiculty approving another liquor license and cannot vote for another license. There are already plenty of licenses in the area. Commissioner Arnold indicated that his concern is that the CUP runs with the land and this is a questionable combination. People are coming in for various sit down, takeout, etc. This is a high crime rate neighborhood which could lead to more problems with the addition of the beer and wine license even though it is a different type of use. Elvia Husting explained that they have regular customers and the market is usually quiet. In the evening people come from work, purchase food to eat there or take home. They have invested money into the business and are the first ones to be successful at the subject site. They feel they have made a positive • improvement to the property. Chairperson Koos explained that the concern is if there was to be a change of ownership in the future because the approval is for the property regardless of the change of ownership. Commissioner Bristol indicated that Ms. Husting is running a good operation but the concern is the selling of beer and wine at this location and the fact that there is a school nearby. There has been an effort to improve the area by using public money and that is why they need to be cautious about approving any further licenses in that area. They cannot justify approving another license based on the fact that the profits for the business wi{I improve. Commissioner Vanderbilt indicated that at the previous meeting they were specific with properties at that same census tract that were requesting a liquor license. He suggested before voting on this request that it be continued in order to further review various issues. Chairperson Koos agreed with Commissioner Vanderbilt. He was not totally persuaded by the comments and discussion today. Greg McCafferty advised that the pole sign and the landscaping is a Code Enforcement issue because the sign is not permitted and indicated that Code Enforcement will be pursuing those issues. Commissioner Vanderbilt preferred to continue the item because there was discussion about different types of services. In other instances there was not a problem with issuing a license. He felt this may be similar in off-sale locations. He did not feel comfortable in voting for this item today. Chairperson Koos indicated that this business is not a bar, liquor store or a gas station. He asked Sgt. • West to comment on how they view alcohol uses and the different types of areas. He asked if the subject site is prototype or is it a problem site. 12-18-00 Page 24 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • Sgt. West stated he did foresee some problems with the subject application. They are going to apply for an on-sale license and he stated currently there is seating for ten (10) and there is outside deli/market type sales, therefore, it is a combination use of a small deli-style restaurant with 10 seats. Then they have off-sale of groceries. There is limited amount of space for the on-sale consumption of food, i.e., on-sale consumption of alcohol. He then explained once they apply for the on-sale license that would apply for on-sale consumption that he would foresee problems in the future. He believes customers may come in and purchase grocery items and also purchase a beer to go. It is a unique situation and that they would have to be in a position where they could be monitored to ensure that the on-sale sales of alcohol remained on the premise and is consumed on the premise. He indicated that it doesn't seem like it is proportioned to the size of the restaurant and the business. Commissioner Vanderbilt asked if alcohol is served in a bottle whether the cap could be taken off before it is served. Chairperson Koos asked if it could be limited to draft beer. Commissioner Vanderbilt referred to the staff report and indicated it recommends approval. He asked if the new information given by the Police Department has changed stafPs position on the subject matter. Kent Husting stated that they have a cash register by the door and the person at the register could prohibit people from taking the alcohol out of the premises. He asked staff if the Police Department has suggestions on how to prevent customers from taking alcohol off the premises. Greg McCafferty explained that staff definitely has concerns and referred to paragraph no. 18 of the staff report. They have concerns about adding an additional license even though currently the area has a • below average crime rate. He stated they recognize that there is an over-concentration and that is why they recommend, as part of that, that it be a one year approval to monitor if it is a detriment to the surrounding area and if so, they could reinstate it the following year. He stated in regards to a pitcher of beer or draft that that would be very difficult to enforce on a daily basis. It would also be hard to monitor customers buying a bottle of beer along with their sandwich and taking it out of the site. Kent Husting stated that they would not serve the alcohol from a bottle and that would make it more difficult for people to walk off. Elvia Husting stated they wou{d be sure to inform the customers that alcohol is to be consumed on the premises. Chairperson Koos asked the applicant if he is familiar with Condition No. 2(f) ("That the sale of beer and wine shall not exceed 40% of the gross sales of all retail sales during any fhree (3) monfh period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sa/es of beer and wine and other items. These records shall be made available, subject to audit and, when requested inspection by any City ofAnaheim official during reasonable business hours.') of the staff report and asked if he has any comments. Kent Husting replied that they do not have a problem with the condition. Elvia Husting indicated that the sign could come down, and the landscaping could be done. Everything coufd be worked out. She explained that they have paid forjust about all the work that has been done at the subject site and that they would continue to do that. ~ 12-18-00 Page 25 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • Greg McCafferty read the revised wording "That the gross sales of alcoholic beverages shall not exceed the gross sales of all retail sales during a 3-month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of the sales of beer and wine and other items. These records shall be made available for inspection by any City of Anaheim official when requested." He then clarified that it should read "beer and wine", not alcoholic beverages. Everything else would be the same. Commissioner Boydstun explained, in other words, they could sell 50% of beer, which is adding instead of lowering. Greg McCafferty replied that was correct. Commissioner Boydstun thought it was to be lowered. Greg McCafferty stated Randy West will comment, but that this is actually the recommended condition that they had and the one Pfanning Department has is a standard condition of approval that is normally put in. He indicated that this was recommended as a replacement. Sgt. Randy West, Police Department, stated that the percentages would be entirely up to the Commission, and stated that it is a standard request they make for all new alcoholic licenses for on-sale locatior-s. Commissioner Boydstun asked if it exceeds 50%, which is including alcohol which is a more expensive item. Sgt. West stated that they should not exceed the gross sales of all retail sales during any 3-month period. • Commissioner Boydstun stated then 50% of their business could be beer. Sgt. West replied that is correct. Elvia Husting asked if the Commission could reduce the percentage which they would abide accordingly. Commissioner Boydstun stated she wouldn't suggest over 30%. Commissioner Bostwick stated that he is not comfortable putting a limit on it and that it would be too difficult to deal with, therefore, he suggested to take the whole condition out. He continued stating that the problem is that you have both take-out and you have sit-down and how do you break it all down and put a percentage on it for this and that. He would rather have a condition that states that all beer and wine had to be served by the glass, so there wouldn't be any possibility that the bottle can be taken out of the premises. Chairperson Koos agreed and he asked the applicant to comment. Elvia Husting was in agreement. Chairperson Koos referred to Condition No. 2(k) and asked the applicants if they have any comments. Kent stated that their hours of operation is 8:30 a.m. to 9:00 p.m., but if the City wishes to impose a limitation from 10:00 a.m. to 9:00 p.m., that they don't have a problem with that. Chairperson Koos suggested if they wanted to open later, as well as close earlier. He then asked how ~ much of their business is dinner vs. lunch. Kent stated that it is a working class clientele and after they get off work they do get a lot of business. 12-18-00 Page 26 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINUTES • Elvia Husting explained that about 8:00 p.m., it slows down completely and they are cieaning which takes about an hour to clean, they close at 9:00 p.m.. She stated they could close earlier. Commissioner Arnold stated he is concerned that the Commission is stretching to make something work, feasibly, with a situation that seems to pose a lot of potential probiems. Ne understands the potentiai good that could occur, but there seems to be a significant risk that it won't work. Chairman Koos stated he is concerned about the equity problem relative to some of the issues because they are judging the operation and if it was a chain operator in the same census tract that has no crime problem, for example, Marie Caflender's Restaurant with a bar, no problem. Thai is a fair analysis, but this is a unique situation where the operator seems to be "high quality" and they don't necessarily fit into the mold of a typical establishment. Sometimes, we point to the crime rates when we want to serve the needs. Commissioner Arnold stated iYs a fair concern and he is also concerned, but he feels they ought to be looking in the surrounding census tracts on a regular basis. He indicated he would not vote for a Marie Callendar's or a Chili's at the subject location. That the close proximity to neighborhoods that we know has a high crime rate. The Commissioners should not ignore that knowledge just because this particular census tract has a lower crime rate. He indicated he would be in favor of looking very broadly. There is a significant concern in the subject area and it has been brought to the Commission's attention many times by people who live in the area, also in respect to West Anaheim. He feels they should take notice of that and realize there are issues about how much alcohol is available throughout the City. Sgt. West clarified that the crime statistics are by reporting district, not census tract and the reporting district is a much smaller area, basically it goes off the fire district maps and there may be six to a dozen • reporting districts within that census tract. Therefore, you have a one square mile area within a reporting district, for example, with a smaller crime rate here with the one right next to it as the ones he read off the other four around the subject reporting district. He stated he doesn't have the map, but most likely it is in the same census tract. Commissioner Vanderbilt stated that two weeks ago the issue was brought up as far as the number allowed vs. number existing and asked Sgt. West if he has that information. Sgt. West replied yes and he stated that the applicanYs reporting district is 20/22 and the census tract is 876.02. The population is 6,208, the population allows for 4 off-sale licenses and currently there are 9 in the census tract. !t allows for 7 on-sale licenses and currently there are 9 in the census tract. Ifi approved today, this would make it 10, as far as on-sale licenses. Commissioner Boydstun stated it's over the limit. Greg McCafferty asked if it's with regard to on-premises sale. Commissioner Boydstun replied yes. Greg McCafferty pointed out that paragraph no. 18 indicates that it is 4 and he asked if it should be revised to 7. Sgt. West indicated it should read 7 are allowed and 9 are existing. Commissioner Arnold indicated 7 on-premises are allowed and 9 exist within the tract, and 4 off-premises • are allowed and 9 exist in the tract. Greg McCafferty asked if paragraph no. 18 should read 7 instead of 4. 12-18-00 Page 27 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING GOMMISSION MINUTES ~ Sgt. West offered to provide Commission with the exact addresses of all locations if they so desired. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke in opposition/a petition with 37 signatures was submitted. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirements to prepare additional environmental documentation. (Vote: 7-0) Denied Conditional Use Permit No. 2000-04293 on the basis of the testimony given and the fact that there are too many a{cohol ficenses in the area and this is not an appropriate location to have consumption of beer and wine. VOTE: 6-1 (Chairperson Koos voting no) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 59 minutes (2:34-3:33) ~ ~ 12-18-00 Page 28 DECEMBER 18, 2000 CITY OF ANAHEIM PLANNING COMMISSION MINU7ES ~ Commissioner Boydstun asked staff the status of the selling of "singles" (beer and wine) at the Ball and Brookhurst service station, according to an anonymous letter received. Greg McCafferty, Senior Planner, advised Commissioner Boydstun that Code Enforcement had issued a notice of violation. An update was given to the P~anning Commission by Greg Hastings, Zoning Division Manager, regarding City Council actions that have occurred since the last Planning Commission meeting. ,~~.~,~,~,~,~,~,~~~,.~,~,~,~,,~,~,~~~,~,~-,~,~~~,~,~,~,~,~,~,~,~,~,~,~~,~,~-,.~~~,~,~,~~~,~~~~~,~,~,~~~,~,~~~,~,~,~,~,.~,~,~,~,~,~,~,~,~,.~,~,~~~,~~.~,~,~,~,~,~,~~~~~,~,.~~~~~ ADJOURNMENT AT 3:35 P.M. TO WEDNESDAY, JANUARY 3, 2001 AT 10:00 A.M. FOR WORKSHOP REGARDING FREEWAY-ORIENTATED SIGNS. ~• Respectfully submitted, ~~S~~F/~ .~"~~in~ ~ Elly Fernandes Senior Word Processing Operator Received and approved by the Planning Commission on F e bY~ V c~.r U ~ 2-, 2ex~1. C_~ 12-18-00 Page 29