Minutes-PC 2002/04/08•
•
C ~
APRIL 8, 2002
PLANNING COMMtSS10N MINUTES
S
RECONVENE TO PUBLIC HEARING AT 1:30 P.M.
PUBLIC COMMENTS: NONE
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Planning Commission or public comments on agenda items with the exception of public
hearing items.
CONSENT CALENDAR:
Item 1-A on the Consent Calendar will be acted on by one roll call vote. There will be no separate
discussion of these items prior to the time of the voting on the motion unless members of the Planning
Commission, staff or the public request the item to be discussed and/or removed from the Consent
Calendar for separate action.
Commissioner Bostwick offered a motion, seconded by Commissioner Koos and MOTION CARRIED
(Commissioner Bristol was absent and Commissioner Vanderbilt abstained), for approval of Consent
Calendar Item 1-A as recommended by staff. UNANIMOUSLY APPROVED
1. REPORTS AND RECOMMENDATIONS
~
u
A. Receiving and approving the Minutes from the Planning Commission
Meeting of March 25, 2002. (Motion)
ACTION: Commissioner Bostwick offered a motion, seconded by
Commissioner Koos and MOTION CARRIED (Commissioner Bristol was
absent and Commissioner Vanderbilt abstained), that the Anaheim City
Planning Commission does hereby receive and approve the minutes for the
Planning Commission meeting of March 25, 2002.
Approved
(Vote: 5-0, Commissioner
Bristol was absent and
Commissioner Vanderbilt
abstained since he was
absent for the meeting)
(Commissioner Boydstun
indicated she read the
minutes and listened to the
tape since she was absent
for the last two items of
March 25, 2002 meeting.)
04-08-02
Page 2
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• PUBLIC HE RIN E
A G IT MS.
2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved
2b. CONDITIONAL USE PERMIT NO. 4105 Approved reinstatement
(TRACKING CASE NO. CUP2002-04520) with deletion of time
limitation
OWNER: Keorjikian Levon Trust, 202 West Lincoln Avenue, # E,
Orange, CA 92865
AGENT: Ponderosa Property Management, Attn: Russ Manion,
202 West Lincoln Avenue, Unit E, Orange, CA 92865
LOCATION: 3331 - 3339 East Oranqethorpe Avenue. Property is
approximately 1.2 acres located at the northwest corner
of Orangethorpe Avenue and Crowther Avenue.
Requests reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on June 15,
1999 to expire June 15, 2002) to retain a church in an existing
commercial center.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-51 SR8262KB.DOC
• Chairperson Arnold introduced Item No. 2 as Conditional Use Permit No. 4105, 3331-3339 East
Orangethorpe Avenue, to retain a church in an existing commercial center.
Greg McCafferty, Principal Planner, informed staff recommends reinstatement of the church without a
time limit subject to the conditions of approval contained in the staff report.
Public Testimony:
Russell Manion, 202 W. Lincoln Avenue #E, Orange, CA, representing Ponderosa Property Management,
was present to accept staff s recommendations.
THE PUBLIC HEARING WAS CI.OSED.
I FOLL(]WING IS A SLIMMARY OF l HE PLANNWG COMMISSIUN AC I ION_ I
OPPOSITION: None
ACTION: Commissioner Koos offered a motion, seconded by Commissioner Eastman and MOTION
CARRIED (Commissioner Bristol was 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.
Approved reinstatement of Conditional Use Permit No. 4105 (Tracking No. CUP2002-
04520) that relates to retaining a church in an existing commercial center without a time
limitation.
• Incorporated the conditions of approval contained in Resolution No. 99R-130 into a new
resolution with the following conditions of approval:
04-08-02
Page 3
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• Church
(a) That the hours of operation for church services and Bible studies shall be
limited to:
Sunday: 9 a.m. to 1 p.m. and 7 p.m. to 9 p.m.
Monday through Friday: 7 p.m. to 9 p.m.
(b) That based on the parking study, the maximum number of adult congregates
shall be limited to twenty (20).
2. That this conditional use permit does not include approval of a childcare facility,
playground, or any school, with the exception of the children's Sunday School.
3. That no required parking area shall be fenced or otherwise enclosed for outdoor
storage or playground uses.
4. That no exterior amplified bells shall be installed or used in conjunction with this
church.
Liquor Store with Sale of Alcoholic Beverages for Off-Premises Consum~tion
5. That all trash generated by this business shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate
and the trash pick-up shall be as frequent as necessary to ensure the sanitary
handling and timely removal of refuse from the property. The Code Enforcement
• Division of the Planning Department shall determine the need for additional bins or
additional pick-up. All costs for increasing the number of bins or frequency of pick-
up shall be paid for by the business owner.
6. That no video, e(ectronic or other amusement devices or games shall be permitted
anywhere on subject property.
7. That no advertising of alcoholic beverages shall be located, placed or attached to any
location outside the building; and that any such advertising shall not be audible (either
inside or outside).
8. That no alcoholic beverages shall be consumed on the premises.
9. That no display of alcoholic beverages shall be located outside the building or within five
(5) feet of any public entrance to the building.
10. That the sales of alcoholic beverages shall be made to customers only when the customer
is inside the building.
11. That no person under twenty-one (21) years of age shall sell or be permitted to sell any
beer or wine.
12. That no required parking area shall be fenced or otherwise enclosed for outdoor
storage use.
•
04-08-02
Page 4
APRIL 8, 2002
PLANNING COMMISSION MINUTES
\ J
Commercial Center
13. That any tree or other landscaping planted on-site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
14. That a minimum of eighteen (18) trees shall be maintained in the landscape planters
immediately adjacent to Crowther Avenue and Orangethorpe Avenue.
15. That roof-mounfed balloons or other inflated devices shall not be permitted.
16. That trash storage areas shall be refurbished and maintained to the satisfaction of
the Public Works Department, Streets and Sanitation Division, to comply with
approved plans on file with said Department.
17. That no exterior vending machines shall be permitted.
18. That the required trees adjacent to the public rights-of-way shall not be
unnecessarily pruned so as to provide increased visibility of the facility.
19. That three (3) foot high address numbers shall be displayed and maintained on fhe
roof in a contrasting color to the roof material. The numbers shall not be visible to
the street or adjacent properties.
20. That the existing roof-mounted equipment shall remain screened from public view in
~ compliance with the requirements of Anaheim Municipal Code Section
18.44.030.120 pertaining to roof-mounted equipment in the CL (Commercial,
Limited) Zone.
21. That the maximum number of tenant units shall be limited to ten (10) as shown on
the exhibits submitted by the petitioner and approved by the Planning Commission.
22. That wall signs shall be limited to one (1) per business except for corner units which
shall be limited to a maximum of two (2) wall signs (one (1) sign per building
elevation).
23. That the property owner shall be responsible for maintaining the premises free of
litter at all times.
24. That any future signage for this property shall be subject to approval by the Planning
Commission as a"Reports and Recommendations" item.
25. That the subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the petitioner and which
plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and
as conditioned herein.
26. 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: 6-0 (Commissioner Bristol was absent
)
04-08-02
Page 5
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 2 minutes (1:37-1:39)
~
•
04-08-02
Page 6
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• 3a. CEQA NEGATIVE DECLARATION PREVIOUSLY-APPROVED A roved
) Pp
3b. CONDITIONAL USE PERMIT NO. 2681 Approved reinstatement
(TRACKING CASE NO. CUP2002-04518) for 1 year (to expire on
March 26, 2003)
OWNER: Robshan Inc., 3210 Belt Line Road, # 140, Dallas, TX
75234
AGENT: Press Box Sports Bar and Grill, Attn: Bryan Kahng,
480 North Glasseil Street, Anaheim, CA 92806
LOCATION: 480 North Glassell Street. Property is approximately
0.59 acre located at the southeast corner of Glassell
Street and Frontera Street (Press Box Sports Bar and
Grill).
Requests reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on
March 26, 2001, to expire March 26, 2002) to retain a previously-
approved restaurant with sales of alcoholic beverages for on-premises
consumption with three billiard tables and public entertainment with a
cover charge.
SR8261 KB.DOC
CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-52
t Chairperson Arnold introduced Item No. 3 as Conditional Use Permit No. 2681, 480 North Glassell Street,
Press Box Sports Bar and Grill, to retain a previously-approved restaurant with sales of alcoholic
beverages for on-premises consumption with three billiard tables and public entertainment with a cover
charge.
Greg McCafferty, Principal Planner, informed staff recommends reinstatement of the use to expire in one
year from the prior approval on March 26, 2003.
Public Testimony:
Bryan Kahng, 480 N. Glassell, Anaheim, CA, owner of Press Box Sports Bar & Grill, states since the last
meeting in March 2001, they have complied with the ordinances to the best of their abilities and feel they
have done a great job, especially within the past 6 months. He states past records will prove there were
no incidences at the premises since October 2001 and assures that will be the trend of the future
operation. Therefore, he requests to permit entertainment on Tuesday and Thursday nights. Previous to
2001 entertainment was held on Tuesday and Thursday nights and there were no incidences. He feels
usually when anything happens it happens on Friday and Saturday nights.
Chairperson Arnold wished to clarify if he was saying in addition to or instead of Friday and Saturday
nights.
Mr. Kahng responded in addition to.
Commissioner Bostwick stated Condition No. 23 states, "that public entertainment shall be limited to
Wednesday, Friday and Saturday nights from 8 p.m. to closing". He wished to clarify if Mr. Kahng is now
asking for Tuesday, Thursday, Friday and Saturday nights.
• Mr. Kahng responded yes.
04-08-02
Page 7
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• Commissioner Bostwick wished to clarify if he is also asking for Wednesday nights.
Mr. Kahng responded Wednesday nights are set aside for comedy and it is a very nice, peaceful and
family oriented event.
Commissioner Bostwick wished to clarify if there would be entertainment every night except for Monday
and Tuesday nights.
Mr. Kahng responded since the terrorist act business has slowed down considerably and they would like
to try and build up their business as much as possible. They do not desire to be involved in any kind of
aggressive activities but only events that are nice and peaceful such as karaoke.
Commissioner Bostwick wished to clarify if the proposal should be under a different type request because
it sounds like a restaurant with nightclub tendencies with entertainment every night of the week.
Mr. McCafferty stated Commissioner Bostwick is correct. It is a restaurant that happens to have public
entertainment, which always has to be accessory to the restaurant. The project is in a zone that does not
allow a nightclub so it has to be accessory to the restaurant. In addition to any restrictions Planning
Commission places on the permit, Title IV of the Municipal Code would require the applicant to annually
obtain entertainment permits from the Business License Division.
Commissioner Boydstun asked if the business is meeting its percentages without problems.
Mr. McCafferty responded according to Code Enforcement they are complying with the condition
that limits the sales of alcohol to 40% of the gross retail sales.
• Commissioner Koos wished to clarify what type of entertainment takes place on Friday and Saturday
nights.
Mr. Kahng responded Friday nights a band pertorms, which plays a variety of music such as Classic,
Rock and the Blues and draws a mature crowd between the ages of late 20's, to 40's. He feels the
maturer crowd rids them of the aggressiveness usually received from the younger crowd. In earlier years
previous owners accepted younger crowds and had several conflicts on the premises. His business
eliminated the younger crowd and it has since been a very nice and peaceful environment. They would
like to maintain the age preference to avoid future problems.
THE PUBLIC HEARING WAS CLOSED.
Chairperson Arnold stated in response to a question of the morning's session, he and his wife have
patronized the restaurant a couple of times on Friday nights partly to see what it was like and partly to
enjoy the live band. They found it to be as the applicant says; a mature crowd, mostly in their 30's, fairly
low-key, a live band and dancing but well rounded, not rowdy or aggressive.
Commissioner Koos states the applicant has made positive strides; he is maintaining his
percentages and does operate as a restaurant with an accessory entertainment use. He is in support
of the applicant's request for Tuesday and Thursday nights.
Commissioner Boydstun concurs as long as the approval is limited to a year in order to monitor the
business's progress.
Mr. McCafferty asked if Commission would like to change Condition No. 2 to cover the expansion of
Tuesday and Thursday nights.
• Commissioner Eastman wished to clarify if the applicant asked to change the hours.
04-08-02
Page 8
APRIL 8, 2002
PLANNING COMMISSION MINUTES
~ Commissioner Koos clarified the applicant did not request to change the hours and suggested leaving
Condition No. 2 as stated.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and
MOTION CARRIED (Commissioner Bristol was 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.
Approved reinstatement of Conditional Use Permit No. 2681 (Tracking No. CUP2002-
04518) for 1 year (to expire on March 26, 2003) to retain a previously-approved restaurant
with sales of alcoholic beverages for on-premises consumption with three billiard tables
and public entertainment with a cover charge.
Incorporated the conditions of approval contained in Resolution No. PC2001-36 into a new
resolution with the following conditions of approval (Condition No. 23 was modified at today's
meeting):
That the entitlement for three billiard tables and public entertainment,
including a cover charge, shall expire on March 26, 2003.
2. That the hours of operation shall be limited to the following:
i Monday - Thursday 11:00 a.m. - 1:00 a.m.
Friday - Saturday 11:00 a.m. - 2:00 a.m.
Sunday 1:00 p.m. -10:00 p.m.
That trash storage areas shall be provided and maintained in a location
acceptable to the Public Works Department, Streets and Sanitation Division
and in accordance with approved plans on file with said Department. Said
storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas
shall be protected from graffiti opportunities by the use of plant materials such
as minimum 1-gallon size clinging vines planted on maximum 3-foot centers
or tall shrubbery.
4. That in the event a parcel map to subdivide subject property is recorded, an
unsubordinated restricted covenant providing reciprocal access and parking,
approved by the City Traffic and Transportation Manager and Zoning Division
and in a form satisfactory to the City Attorney, shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded covenant shall
then be submitted to the Zoning Division. In addition, provisions shall be
made in the covenant to guarantee that the entire complex shall be managed
and maintained as one (1) integral parcel for purposes of parking, vehicular
circulation, signage, maintenance, land usage and architectural control, and
that the covenant shall be referenced in all deeds transferring all or any part of
the interest in the property.
5. That all air conditioning facilities and other roof and ground mounted
• equipment shall be properly shielded from view.
04-08-02
Page 9
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• 6. That the proposal shall comply with all signing requirements of the SP94-1;
Development Area 1(Northeast Area Specific Plan; Industrial Area) Zone
unless a variance allowing sign waivers is approved by the Planning
Commission or Zoning Administrator.
7. That the establishment shall be operated as a"Bona Fide Public Eating
Place" as defined by Section 23038 of the California Business and
Professions Code.
8. That there shall be no bar or lounge maintained on the property unless
licensed by Alcoholic Beverage Control and approved by the City of Anaheim.
9. That food service with a full meal shall be available from opening time until
closing time, on each day of operation.
10. That there shall be no more than three (3) pool tables maintained upon the
premises at any time.
11. That subject alcoholic beverage license shall not be exchanged for a public
premises (bar) type license nor shall the establishment be operated as a
public premise as defined in Section 23039 of the California Business and
Professions Code.
12. That the sales of alcoholic beverages shall not exceed 40% of the gross sales
of all retail sales during any three (3) month period. The applicant shall
maintain records on a quarterly basis indicating the separate amounts of sales
~ of alcoholic beverages and other items. These records shall be made
available, subject to audit and, when requested inspection by any City of
Anaheim official during reasonable business hours.
13. That there shall be no live entertainment, amplified music or dancing
permitted on the premises at any time without issuance of proper permits as
required by the Anaheim Municipal Code.
14. That the sales of alcoholic beverages for consumption off the premises shall
be prohibited.
15. That there shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcohol beverages, with the exception of one (1) sign indicating
"cocktails".
16. That the activities occurring in conjunction with the operation of this
establishment shall not cause noise disturbance to surrounding properties.
17. That at all times when entertainment, dancing and/or a cover charge is
permitted, a minimum of two (2) uniformed security officers shall be provided
to the satisfaction of the Anaheim Police Department to deter unlawful
conduct on the part of employees or patrons, and promote the safe and
orderly assembly and movement of persons and vehicles, and prevent
disturbance to the neighborhood by excessive noise created by patrons
entering or leaving the premises.
• 18. That the parking lot serving the premises shall be maintained with lighting of
sufficient power to illuminate and make easily discernible the appearance and
conduct of all persons on or about the parking lot. Said lighting shall be
04-08-02
Page 10
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• directed, positioned and shielded in such a manner so as not to unreasonably
illuminate the windows of nearby residences.
19. 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.
20. 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, to permit deliveries and in
cases of emergency.
21. That there shall be no public telephones on the premises located outside the
building.
22. That the business owner shall notify the Anaheim Police Department, Vice
Detail, thirty (30) days in advance of any entertainment event at this location
furnished by an outside promoter. This notice shall include the name, address
and phone number of the promoter and detailed information on the type of
event including dates, hours, anticipated attendance and nature of event.
23. That the public entertainment shall be limited to Tuesday through Saturday
nights from 8 p.m. to closing. Any change
to this schedule shall be reviewed and approved by the Commission as a
• Reports and Recommendations item.
24. That subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitioner
and which plans are on file with the Planning Department marked Exhibit Nos.
1 through 4, and as conditioned herein.
25. 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: 6-0 (Commissioner Bristol was absent)
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 12 minutes (1:40-1:52)
C ~
04-08-02
Page 11
APRIL 8, 2002
PLANNING COMMISSION MINUTES
~ 4a. CEQA NEGATIVE DECLARATION PREVIOUSLY-APPROVED A roved
PP
4b. CONDITIONAL USE PERMIT NO. 4189 Approved reinstatement
(TRACKING CASE NO. CUP2002-04522) with deletion of time
limitation
OWNER: Bel Air, 1300 Quail Street, Suite 108, Newport Beach,
CA 92660
AGENT: Charlie Yoon, 1300 Quail Street, # 18, Newport Beach,
CA 92660
LOCATION: 2871 - 2897 West Lincoln Avenue. Property is
approximately 1.5 acres located at the northeast corner
of Bel Air Street and Lincoln Avenue (Choo Sik
Restaurant).
Requests reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on
May 23, 2000, to expire April 10, 2002) to retain the sales of beer and
wine for on-premises consumption in an existing restaurant.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-53 SR8266VN.DOC
Chairperson Arnold introduced Item No. 4 as Conditional Use Permit No. 4189, 2871-2897 West Lincoln
~ Avenue, to retain the sales of beer and wine for on-premises consumption in an existing restaurant.
Greg McCafferty, Principal Planner, informed staff recommends reinstatement of the permit without a time
limit and subject to the conditions of approval contained in the staff report.
There was no one available to speak on Item No. 4.
• • ~ ~ - • ~ • • ~ •
OPPOSITION: None
ACTION: Commissioner Bosfinrick offered a motion, seconded by Commissioner Boydstun and
MOTION CARRIED (Commissioner Bristol was 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.
Approved reinstatement of Conditional Use Permit No. 4189 (Tracking Case No.
CUP 2002-04522) to retain the sale of beer and wine for on-premises consumption in
an existing restaurant without a time limitation.
Incorporated the conditions of approval contained in Resolution No. 2000R-83 into a
new resolution which includes the following conditions of approval:
1. That all doors serving the restaurant shall conform to Uniform Fire Code
requirements and shall be kept closed and unlocked at all times during hours of
operation except for ingress and egress, to permit deliveries and in case of
• emergency.
04-08-02
Page 12
APRIL 8, 2002
PLANNING COMM(SSION MINUTES
• 2. That this restaurant 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 be no bar or lounge maintained on the property unless approved
by the City of Anaheim and licensed by the Department of Alcoholic Beverage
Control.
4. That food service with a full meal shall be available from opening time until closing
time, on each day of operation.
5. That there shall be no pool tables, video, electronic or other amusement devices
or games permitted or maintained upon the premises at any time.
6. That subject alcoholic beverage license shall not be exchanged for a public
premises (bar) type license nor shall the establishment be operated as a public
premise as defined in Section 23039 of the California Business and Professions
Code.
7. That the gross sales of beer and wine shall not exceed 40 percent of gross sales
of all retail sales during any three (3) month period. The applicant shall maintain
records on a quarterly basis indicating the separate amounts of sales of beer and
wine and other items. These records shall be made available for inspection by
any City of Anaheim official during reasonable business hours.
8. That there shall be no live entertainment, amplified music or dancing permitted on
~ the premises at any time without issuance of proper permits as required by the
Anaheim Municipal Code.
9. That the sales of beer and wine for off-premises consumption shall be prohibited.
10. That there shall be no exterior advertising of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of beer and wine.
11. That the activities occurring in conjunction with the operation of this establishment
shall not cause noise disturbance to surrounding properties.
12. That, as stipulated by the petitioner, the hours of operation shall be limited to the
following:
Sunday through Thursday: 9 a.m. to 11 p.m.
Friday and Saturday: 9 a.m. to midnight.
13. That all existing and proposed roof-mounted equipment shall be completely
screened from view in all directions by properly maintained design elements of the
building.
14. That signage for the restaurant shall be limited to that shown on the exhibits
submitted by the petitioner and approved by the Planning Commission. Any
additional signage shall be subject to approval by the Planning Commission as a
Reports and Recommendation item.
~ 15. That no outdoor dining area shall be permitted without either modification to this
conditional use permit or approval of another conditional use permit specifically
approving such use.
04-08-02
Page 13
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• 16. t
That he busmess 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.
17. That there shall be no public telephones on the premises located outside the
building.
18. That no advertising or identification of any type shall be permitted on any outdoor
furniture or equipment including umbrellas by illustration, text or any other means
of communication.
19. That subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the petitioner and which
plans are on file with the Planning Department marked Exhibit Nos. 1, and 2 of
Conditional Use Permit No. 4189, and as conditioned herein.
COMMERCIAL CENTER CONDITIONS:
20. That all public telephones (existing or proposed) shall be located inside the
building only.
21. That the parking lot serving the premises shall be equipped with lighting of
• sufficient power to illuminate and make easily discernible the appearance and
conduct of all persons on or about the parking lot. Said lighting shall be directed,
positioned and shielded in such a manner so as not to unreasonably illuminate the
windows of nearby residences.
22. That any tree or other landscaping planted on-site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
23. That the existing trees planted 20 feet on-center along Lincoln Avenue and Bel Air
Street shall not be unreasonably pruned and shafl be maintained in a healthy
condition.
24. That roof-mounted balloons or other inflated devices shall not be permitted on the
property.
25. That no vending machines, which are visible to Lincoln Avenue and/or Bel Air
Street, shall be permitted on this property.
26. That three (3) foot high street address numbers shall be displayed on the roof of
the building in a color contrasting to the roof material. The numbers shall not be
visible to the view from of the adjacent streets or properties.
27. That any existing or proposed roof-mounted equipment shall be subject to the
requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the
CL (Commercial, Limited) Zone.
28. That the number of tenant spaces shall be limited to eleven (11) units, as shown
• on the exhibits submitted by the petitioner and approved by the Planning
Commission.
04-08-02
Page 14
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• 29. That this property shall be permanently maintained in an orderly fashion through
the provision of regular landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty four (24) hours from time of occurrence.
30. That a minimum of seventy-eight (78) properly striped parking spaces shall be
provided on-site.
31. That trash storage areas shall be maintained to the satisfaction of the Public
Works Department, Streets and Sanitation Division, to comply with approved
plans on file with said Department.
32. That no signage shall be placed on the clock tower.
33. That the subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitioner and
which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2,
and as conditioned herein.
34. That final plans showing the design of the "smoking patio" shall be submitted to
the Zoning Division of the Planning Department for review and approval by staff
prior to said "smoking patio" being provided. Any decision made by the Zoning
Division regarding said plan may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
35. That approval of this application constitutes approval of the proposed request only
to the extent that it complies with the Anaheim Municipal 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: 6-0 (Commissioner Bristol was absent)
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 1 minute (1:53-1:54)
i
04-08-02
Page 15
APRIL 8, 2002
PLANNING COMMISSION MINUTES
~
5a. CEQA CATEGORICAL EXEMPTION CLASS 1(EXISTING FACILITIES)
5b. WAIVER OF CODE REQUIREMENT
5c. CONDITIONAL USE PERMIT NO. 2002-04531
Approved
Approved
Granted
OWNER: Kingsiey Gates, P. O. Box 130548, Houston, TX 77219
AGENT: Father Joseph Boules, 20575 Easthiil Drive, Yorba
Linda, CA 92887
LOCATION: 1617 West La Palma Avenue. Property is
approximately 1.2 acres with a frontage of 216 feet on
the north side of La Palma Avenue located 210 feet
east of the centerline of Euclid Street (St. Verena
Coptic Orthodox Church).
Request to permit a church with an accessory child day care facility for a
maximum of 30 children with waiver of minimum setback for institutional
uses adjacent to a residential zone boundary.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-54
~
SR8267VN:DOC
Chairperson Arnold introduced Item No. 5 as Conditional Use Permit No. 2002-04531, 1617 West La
Palma Avenue, St. Verena Coptic Orthodox Church, to permit a church within an accessory child day
care facility for a maximum of 30 children.
Greg McCafferty, Principal Planner, informed staff recommends approval of the church for the existing
building with changes to the conditions of approval as follows: 1) Condition No. 19, page 8, that vines also
be planted on the decorative masonry wall to prevent graffiti and 2) Condition No. 31, page 9, the timing
of the condition should be that prior to commencement of activity authorized by this resolution or prior to
final building and zoning inspections whichever occurs first, Condition No. 29, above mentioned shall be
complied with.
Chairperson Arnold states given staff's report and only one question being raised in the morning's
session it may be possible to summarize the vast amount of support for the proposal.
ApplicanYs Testimony:
Father Joseph Boules, 20575 Easthill Drive, Yorba Linda, CA, states they are the Coptic Orthodox
Church and their mother church is in Egypt. The Coptic Orthodox Church is affiliated with the Alexandrian
Church and HH Pope Shenouda III is their current pope. They believe in the Holy Trinity, God the Father,
God the Son, Lord Jesus Christ and God the Holy Spirit, One God. They believe in the Old and New
Testament, are very big on tradition and observe the seven sacraments. The closest religion to their faith
would probably be Catholicism with one obvious difference that the priest in the Orthodox Church may be
married. He has been blessed with two sons since his last appearance before the Commission.
The highest event in their faith is the liturgy. The church does not use musical instruments in celebration
of the liturgy but only uses cymbals and the triangle. They are very heavy on vocal prayers and hands so
there would not be any problem with noise. They hold the utmost respect for this celebration and feel
absolutely nothing should be going on during the liturgy prayers; not bible study, meetings or office hours.
~ He affirms nothing should be going on during the liturgy out of respect for the celebration of the body and
the blood of the Lord.
04-08-02
Page 16
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• Father Boules states the Coptic Orthodox Church pays special attention to their youth and he quotes
Holiness Pope Shenouda III as saying, "a church without youth is a church without a future and youth
without a church is youth without a future". The church is built on 100% private donations and there is
only 1 employee, the priest. The rest are volunteers. Everything that happens in the church short of
professional necessities is done on a volunteer basis. They have an open door policy to the community.
Approximately 75°/a to 80% of the services are offered in English.
St. Verena Church has been in Anaheim for approximately five years located in the First Southern Baptist
Church on 1275 Broadway, adjacent to the Lincoln Elementary School. Father Boules states they have
never caused a traffic jam or traffic accident; they have never had any complaints from the neighbors
regarding parking or noise; they would not be doing anything that they have not done in the past five
years at the new location; their track history speaks for itself.
The size of the Coptic Orthodox Church congregation has gone down since the last time they appeared
before Commission due to the opening of a fourth church in the City of Orange. Some of the families that
used to attend St. Verena Church now attend the Orange facility, keeping in line with the Bishop's
philosophy of having small parishes but a lot of them; rather than one parish, establish a church every few
cities.
Father Boules states they have a major holiday coming up at the end of April and the beginning of May,
which is Easter. This year the Orthodox Church is celebrating Easter on May 5th. It is proceeded by Holy
Week, so their Palm Sunday actually happens to be on April 28, 2002. He states they would be ecstatic
and extremely joyous if they could get into the facility before Easter and have a good Friday, a bright
Saturday and Easter in the new facility.
Chairperson Arnold stated a number of cards have been submitted to Commission requesting an
~ opportunity to speak and he would not want to deny anyone the privilege however, all of the cards
received are in support of the church and he would like to summarize their approval by accepting Father
Boules' presentation on behalf of the entire group providing it would not inhibit personal and special
suggestions or offend anyone. He directed the names of the speakers be entered into the records as
follows:
• Marlo Ibrahim, 1000 N. Stanford Ave., Fullerton, CA
• Sindy Bottros, 8308 Stanton Ave., Buena Park, CA
• Layla Ibrahim, 275 E. Center St., Apt., #304, Anaheim, CA
• Kerolos Morkos, 2750 W. Yale, Apt., #10, Anaheim, CA
• Mike Shafik, 1243 N. Lighthouse Lane, Anaheim, CA
• Mervat Ibrahim, 1415 W. North St., Apt., #115, Anaheim, CA
• Wadeed Meleika, 511 S. Fairmont Circle, Anaheim, CA
• Mary Boules, 20575 Easthill Dr., Yorba Linda, CA
Father Boules states they are opened to any suggestions Chairperson Arnold may have however,
members have been told that the Chairperson does not like lengthy speeches so the presentations are
between 30 seconds and 1 minute each, but he respects the wishes of the Chair.
~ Chairperson Arnold asked if there was anyone present that wished to speak in opposition. He noted there
were none. He asked if there was anyone present with a burning desire to speak in favor of the proposal.
04-08-02
Page 17
APRIL 8, 2002
PLANNING COMMISSION MINUTES
~ Public Testimonies:
Roslyn Biebelberg, 1192 N. Deresden, Anaheim, CA states she lives in Northwood Village Townhouses
immediately east of the property. She is not a member of the church or of any board but desired to speak
on behalf of herself and husband. She states for the last 20 years that they have lived there, it has been
a funeral home and they are delighted to have "real, live people" coming in. Ms. Biebelberg states she
and her husband lives only 30 feet away and would like to join the congregation sometimes at St. Verena
Church if they would allow it.
Father Boules responded absolutely.
Dr. Aziz Awad, 606 S. Euclid Street, Anaheim, CA, states he has been a resident of the City of Anaheim
for over 23 years, is on the Board of Directors with the Anaheim Family YMCA, and deeply cares about
the City. He owns multiple commercial properties including his office location and is a member and
strong supporter of the church. He asks certain requirements be waived because of financial constraints
on the church. One is the area with electrical requirements that need to be taken down at a cost incurred
by the church.
Chairperson Arnold wished to clarify if it is Item No. 25, the downlighting.
Dr. Awad states yes, that is part of the City improvement.
Chairperson Arnold feels he is confusing that with the undergrouding.
Dr. Awad stated page 7, Item No. 5, relocation of the City electrical facility.
. Mr. McCafferty clarified that is just to protect the rate fares of City utility if there is any public facility that
needs to be relocated because of the proposed development. He did not feel there would be.
Chairperson Arnold clarified it is a standard condition and does not appear to be applicable to the
proposed development. The condition is being confused with the undergrounding requirement, which is
not in the current project.
Dr. Awad wished to clarify if the setbacks would be waived.
Chairperson Arnold clarified staff recommends a setback waiver and Commission would be voting on it.
Dr. Awad congratulated Commissioner Vanderbilt on his recent marriage and states he is also a newly
wed and in his honeymoon period.
Commissioner Vanderbilt congratulated him as well.
Commissioner Bostwick states the site plans are for a playground on the front of the building where there
are two large trees on the corner of the building and wished to clarify what type of playground it would be.
Father Boules responded it is to fulfil the requirement to have a certain square footage for the daycare
and since most of it is behind the building they could make it a sandbox or something simple for the
children to enjoy. However, they would be open to any recommendation from the Planning Commission.
Commissioner Bostwick states the staff report requests a 6-foot high masonry block wall surrounding the
area but the site plans state it is a 6-foot wrought fence on top of a 2-foot brick wall.
~ Father Boules states they are requesting Commission allow a chainlink fence for the back area and in the
front they would be happy to comply with whatever Commission recommends.
04-08-02
Page 18
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• Chairperson Arnold states the reason for staff's recommendation and what Commissioner Bostwick is
referring to is the protection of the children since a busy street is close by.
Father Boules concurs and states in the front they would be happy to comply with whatever Commission
recommends and would also implement barriers in case someone inadvertently pushes the accelerator
instead of the brake.
Chairperson Arnold affirmed staff's recommendation regarding planting clinging vines on the wall to
improve the aesthetic appearance.
Commissioner Bostwick wished to clarify Condition No. 19 would have a 6-foot high masonry block wall
but the 6-foot high tubular steel fence and protected barrier would be constructed around the perimeter of
the northwest playground area; rather than wrought iron it would be chain-linked or tubular steel fencing.
Mr. McCafferty clarified staff recommends wrought iron fencing in the back play area and Father Boules
requests chain-linked fencing.
Commissioner Bostwick wished to clarify if staff is requesting vines be planted on the chain-linked fence
or the tubular steel fence.
Mr. McCafferty clarified only in the front and not in the back.
THE PUBLIC HEARING WAS CLOSED.
Chairperson Arnold states given the earlier application for the church a couple of years ago he is really
excited to see a good location that is going to work well and which everybody is in support of.
• Commissioner Bostwick stated with no parking variances.
Chairperson Arnold concurred with no parking variances and "live bodies".
OPPOSITION: None
IN SUPPORT: 2 people spoke in favor of the subject request.
8 people filled out speaker cards in favor representing their support of the subject
request.
ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Boydstun and
MOTION CARRIED (Commissioner Bristol was absent), that the Anaheim City
Planning Commission does hereby concur with staff that the proposed project falls
within the definition of Categorical Exemptions, Class 1(Existing Facilities), as
defined in the California Environmental Quality Act (CEQA) Guidelines and is,
therefore, categorically exempt from the requirement to prepare additional
environmental documentation.
Approved Waiver of Code Requirement
Granted Conditional Use Permit No. 2002-04531 (to permit a church with an
accessory child day care facility for a maximum of 30 children) subject to the
conditions of approval as stated in the staff report dated April 8, 2002 with the
following modifications:
• Modified Condition Nos. 19 and 31 to read as follows:
04-08-02
Page 19
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• 19. That a decorative six (6) foot high masonry block wall complementary to the
existing building materials shall be constructed around the perimeter of the
south playground area adjacent to the front building elevation. Said wall shall
be planted and irrigated with vines planted on maximum 3-foot centers to
prevent graffiti opportunities. A six (6) foot high chainlink, wrought iron or
tubular steel fence and a protective barrier (e.g. bollards) shall be constructed
around the perimeter of the northwest playground area. Said information shall
be specifically shown on plans submitted for Zoning Division approval. Any
Decision by the Zoning Division may be appealed to the Planning Commission
as a Reports and Recommendations item.
31. That prior to commencement of activity authorized by this resolution or
prior to final building and zoning inspections, whichever occurs first,
Condition No. 29, above-mentioned, shall be complied with.
VOTE: 6-0 (Commissioner Bristol was absent)
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 19 minutes (1:55-2:14)
•
u
04-08-02
Page 20
APRIL 8, 2002
PLANNING COMMISSION MINUTES
~~
6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI
6b. CONDITIONAL USE PERMIT NO. 1564
(TRACKING CASE NO. CUP2002-04521)
OWNER: John M. Huish, 18300 Von Karman Avenue, Suite 900,
Irvine, CA 92612
AGENT: Michael Coleman, 18300 Von Karman Avenue, Suite
900, Irvine, CA 92612
LOCATION: 1041 North Shepard Street. Property is approximately
7.0 acres located at the southwest corner of Shepard
Street and Carpenter Avenue (Festival Fun Park).
Requests to modify an existing family entertainment center by
constructing a miniature golf course.
CONDITIONAL USE PERMIT RESOLUTION NO.
Continued to
April 22, 2002.
SR8265AN. DOC
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
~
ACTION: Commissioner Bosfinrick offered a motion, seconded by Commissioner Boydstun and
MOTION CARRIED (Commissioner Bristol was absent), to continue the subject
request to the April 22, 2002 Planning Commission meeting in order to readvertise
the proposal to include a waiver of minimum required landscaped setback abutting a
freeway right-of-way.
VOTE: 6-0 (Commissioner Bristol was absent)
DISCUSSION TIME: This item was not discussed.
u
04-08-02
Page 21
APRIL 8, 2002
PLANNING COMMISSION MINUTES
• City Undergrounding Subcommittee Report:
Commissioner Bostwick stated he attended the City Undergrounding Subcommittee last week and has a
copy of the next 5-year plan, if anyone would like to review it, providing they would want to know what
streets are going to be reconstructed next.
MEETING ADJOURNED AT 2:15 P.M.
TO MONDAY, APRIL 22, 2002
AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW.
Respectfully submitted:
~
Pat Chandler,
Senior Secretary
•
Received and approved by the Planning Commission on , 2002.
~
04-08-02
Page 22