The URL can be used to link to this page

Minutes-PC 2002/09/23• CITY OF ANAHEIM PLANNING COMMISSION MINUTES MONDAY, SEPTEMBER 23, 2002 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPER$~N RAUL.Bf~ TWICK COMMISSIONERS PRESENT: STEpI~~N~B~IST~JL, C,a~i P~ MAN, JOHN KOOS, ~[)~1%I~D RQI~1~~O~J~(V{ES y~fAlVb -;~;BILT COMMISSIONERS ABSEI ~' STAFF PRESENT: ~°` ,~~~~r~ Selma Mann, Assistant,C`~ty~ Greg Hastings, Zoning ~ "ivisi Greg McCafferty, Prin~al P Don Yourstone, Seni~r~~tl~e ~ ~ .a .x ~ AGENDA POSTING~ ~ corri Friday, September 2,~,; ~`2R the outside display k~ost~~,,,,,` ; • ~ ? PUBLISHED: AnaF~~m Bu ~, ~ ~~ ~: ~ ~, CALL TO ORDER ~~ John Lower,~T~ Melanie Adams Elly Fernandes, °~" ~ ~~~:. ER~ ~~. ~~~ ~ Manager ineer 10:00 a.m. on nbers, and also in ~`~ „ ~~~ ~~ , ' ~ . ~ ~;~ ~~ ~, ~ ~ ~ ~, ~ ~ ~ PLANNING~QMMIS$1~1~~MOF~T~INC~~SESS10~1~10~Q0 A M 'r ,~~ F~ • PRESEN~'~1~TIQI~ B ~f~QMI~f~~tITYqI~EVELOF~MEN7~~A~Va3 U '~ WORKS DEPARTM~Iai~'S ~,~'',ti~~1R~,li~tG, TH~ F V`~- ~[~1"'~R~ ~L1~NCOLN AVENUE. • POTENTIAL I~'~7~rt~~1N ~1?E1l;~~111~~ T~~ E' R~" ' RUCKING SITE LOCATED AT THE SOUTHI~~~~OI~I~I€E F~1~N~kI~EIM~BO~UL~ RD AND SANTA ANA STREET • STAFF UPDATE TO~{~ M15S~ ~~' V;4`RIC1l1S: ~i"~Y ~,.. DEVELOPMENTS AND IS f~'E~ ~/~~:R ~@~~STED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE SEPTEMBER 23, 2002 AGENDA • RECESS TO AFTERNOON PUB~IC HEARING SESSION RECONVENE TO PUBLIC HEARING 1:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card and submit it to the secretary. PLEDGE OF ALLEGIANCE: Commissioner Bostwick PUBLIC COMMENTS CONSENT CALENDAR SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 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 through 1-C 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 Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun absent), for approval of Consent Calendar Items (1-A and 1-C) as recommended by staff. Consent Calendar Item (1-B) was removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED • ~ A. a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED AND Approved CONDITIONAL USE PERMIT NO. 2530 (TRACKING NO. CUP2002- Determined the amended 04593 : Gregory Salsbury, 2465 W. La Palma Avenue, Anaheim, CA, exhibits are in substantial 92801, requests a determination of substantial conformance to amend conformance with the original exhibits for an existing contractor's storage yard to allow a caretaker's approval. unit and retain a new office. Property is located at 2465 West La Palma Avenue. (Vote: 6-0, Commissioner Boydstun absent) ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun 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 Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby determine that the amended exhibits for the caretaker's unit and new office are in substantial conformance with the original approval based on Commission's concurrence with staff that the modifications to previously-approved exhibits comply with code and are minor modifications to the existing approved land use. SR8430VN.DOC 09-23-02 Page 2 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • B. a) CEQA CATEGORICAL EXEMPTION - CLASS 1 AND CONDITIONAL USE PERMIT NO. 2670 (TRACKING NO. CUP2002- 04517 : EI Patio Restaurant, 1750 West La Palma Avenue, Anaheim, CA 92801, requests review of a proposed operation for recommendation to the City Council for a previously-approved semi- enclosed restaurant. Property is located at 1750 West La Palma Avenue. (This item was pulled from the Consent Calendar for separate discussion.) Concurred with staff Recommended to City Council approval, in part, denying the request for a public dance hall and with modifications to conditions of approval. (Vote: 6-0, Commissioner Boydstun absent) SR8431 AV.DOC Chairperson Bostwick introduced Item No. 1-B as Conditional Use Permit No. 2670, 1750 West La Palma Avenue - EI Patio Restaurant, a request for review of a revision to the proposed operation for recommendation to the City Council for a previously-approved semi-enclosed restaurant. Applicant's Testimony: ~ Frank Garcia, 101 Woodrose Court, Anaheim, CA, states he has known the Quintero family for approximately 30 years and even watched the children grow up. They came to him and asked for his help and he is willing to help them because he has been in business in Anaheim for 36 years. The Quintero family is putting together a dinner-house, which includes a complete dinner menu until midnight and they will have security guards. If they do not have good business on Fridays, Saturdays and Sundays they could go out of business. He would like to help them stay in business and do everything the right way. Chairperson Bostwick asked if they are willing to make it a dinner-house. Mr. Garcia responded yes, they are thinking of a dinner, show and dance and the only way they can do it is to be there until midnight, with a complete dinner; big buffet, approximately 10 items and have good security. They would try to have less noise, and no one would be allowed to hang out in the parking lot. If so, they would be escorted out of the parking lot. The Quintero family is a good family and they are willing to do what is best. It is a mama-papa market operated by all brothers and sisters, and they even eat from there everyday. It is a good market for Anaheim. Chairperson Bostwick asked if they agree with all of the conditions in the staff report. Mr. Garcia responded yes, they agree with everything. Beatriz Quintero, 1750 W. La Palma Avenue, co-owner of EI Patio Restaurant, states they agree with all the conditions, except the closing hour at midnight. When they took over the restaurant 14 years ago, they were under the impression they had the Conditional Use Permit (CUP) to stay open until 1:30 a.m., which they have done until recently when Code Enforcement notified them in March 2002, that they were only allowed to stay open until 11:00 p.m. They have been working with the City rearranging their menu, hiring additional security, etc. They have been running the business for 14 years until 1:30 a.m., and it has not been a nuisance. She spoke to the neighbors and they have written statements that the restaurant is not a nuisance. Commissioner Koos asked if they still wanted to stay open until 1:30 a.m. . Ms. Quintero responded yes, they have been trying to work it out with the City. Commissioner Koos asked if they did not have a regular menu up until recently. 09-23-02 Page 3 SEPTEMBER 23, 2Q02 PLANNING COMMISSION MINUTES • Ms. Quintero responded they had a menu but it was not bilingual. The kitchen was only open until 8:00 p.m. and after 8:00 p.m. they served appetizers; nachos, tacos, shrimp cocktails and quesadillas, etc., until 1:30 a.m. They have now changed to a buffet setup for the evenings until 1:00 a.m., along with the appetizer menu. They do not have much business during the day and basically depend on the night business and now they are going to advertise the day hours to have more people come in during the day. Previously, on Wednesdays, Fridays, Saturdays and Sundays they were opened until 1:30 a.m., and Mondays and Thursdays they were closing at 8:00 p.m., but now they plan to do a dinner event to stay open longer and serve more food. Chairperson Bostwick asked if they have a live band every night of the week. Ms. Quintero responded no, they only have a live band four nights. Commissioner Eastman asked if they still intended to stay open until 1:30 a.m. every night of the week, since they only have live music four nights. Ms. Quintero responded no, only the nights they had live music and the rest of the week they would stay open until the customers left. Commissioner Bristol asked if they were charging for admission. Ms. Quintero responded no, they stopped in March 2002. Commissioner Romero asked if it were mandatory that they have the buffet in order to come in at night. Ms. Quintero responded yes. • Commissioner Bristol referred to Don Yourstone, Code Enforcement, regarding the noise. Don Yourstone, Sr. Code Enforcement Officer, states one of the original complaints received was noise, and their application to charge an admission. He did a sound reading on the noise in March 2002, and it was well within the limits of the meter. Chairperson Bostwick states he can see their need for later hours but is not sure about 1:30 a.m. He would consider 11 a.m. to 11 p.m., Sunday through Wednesday and 11 a.m. to 1:00 a.m. on Thursday, Friday and Saturday. Commissioner Bristol states restaurants do not require security officers to keep situations from residents. It is a restaurant and it impacts the neighbors. He understands the Quintero family is trying to keep on site what they have been doing for a long time, and logically it makes sense, but it does not fit the location. Commissioner Koos states he follows her logic in terms of the hours. On the nights they do not want music they are okay with closing at 11:00 p.m., but on other nights dinner is served until 1:30 a.m. because the music is there. He asked which is primary because it should be a restaurant first and the music should not dictate the operation of the food service. He asked Mr. Garcia, who owns two restaurants in town, what time his restaurant closes on Lincoln Avenue. Mr. Garcia responded at 10:00 p.m. and on weekends 11:00 p.m., but there is no entertainment. The Quintero's restaurant is a place where people dine from 9 to 10 p.m. and dance and enjoy a show until 1:30 a.m. Weekdays are slow, it takes $2,000 to open the doors everyday. In order to make $1,000 a day, he has to take it from the weekends and he feels that is what the Quintero's are saying; Mondays, Tuesdays, Wednesdays and Thursdays they go in the hole, but Fridays, Saturdays and Sundays they make enough money to keep the doors open. If they closed at 10 or 11 p.m. Friday, Saturday and ~ Sunday they would go broke and have to go out of business. The rent is enormous. For the past two weeks, with the nice buffet of approximately five items, they have had approximately 300 people at 09-23-02 Page 4 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • $10.00 per person and everybody is happy. He feels when people leave, it is better if they have food and coffee inside them after drinking all night. Commissioner Koos states it sounds like 1:30 a.m. is a mechanism to provide more than a restaurant and Commission needs to decide what they want in that area because it is adjacent to a single-family residence. Commissioner Romero states it is not a typical restaurant like most think of a typical restaurant, but it is indeed a restaurant. The Quintero's do a specific type of business. He is in favor of them staying open until 1 or 1:30 a.m. on weekends when they have music. Commissioner Vanderbilt states Code Enforcement has talked to the neighbors and it seems like 3/4 at least were stating concerns about sound, excessive parking and people drinking in the neighborhood. If there are security guards in the parking lots he could understand how they would motivate people to take their drinking off the site and into the neighborhood. So, it is not so much a matter of potential as it is something that is already in occurrence. Commissioner Bristol states it should be a restaurant, but the crime rate in the area is 244% above average and Commission should not be encouraging activity after midnight. Ms. Quintero states their restaurant has the capacity for 300 people, they have eighteen year olds and it is a family place so, they have to make sure minors do not drink. A staff member is placed outside to make sure no one parks on Mohican Avenue, and a staff member is placed in their parking lot to make . sure there is no drinking in the parking lot or vandalism to any of the cars. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. • ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun absent), that the Anaheim Ciry 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. Commissioner Bosfinrick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby recommend to the City Council approval, in part, denying the request for a public dance hall; and approving the request for an amendment to a condition of approval for Conditional Use Permit No. 2670 (Tracking No. CUP 2002-04517) pertaining to hours of operation (Condition No.1 was modified at today's meeting) in conjunction with a previously approved semi-enclosed restaurant with on-premises sale and consumption of alcoholic beverages, based on the following: (i) That the applicant has deleted the request for a public dance hall by modifying the proposed operations so that the facility would be operated as a bonafide restaurant at all hours that the facility would be open. (ii) That the Anaheim Police Department indicates a significant above-average crime rate (244 percent above the City average) for the Reporting District for the property and has received 29 calls for service for this property since February 2001, including 13 party/music disturbances. (iii) That the restriction in the hours of operation was one of the principal reasons that led to the original approval of Conditional Use Permit No. 2670 due to the close proximity of the restaurant to the surrounding residential neighborhood. ~ (iv) That the combination of on-premises sales of alcoholic beverages increased hours of operation and the existing high crime rate may be detrimental to the peace, health, safety, 09-23-02 Page 5 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • and general welfare of the citizens of the City of Anaheim due to this location's proximity to residential neighborhoods to the south, west and southwest. Amended Resolution No. PC85-84 in its entirety and replaced it with a new resolution which includes the following conditions of approval (Conditions Nos. 1 through 21, 23 24 and 26 are new conditions; Condition No. 1 was modified at today's meeting): 1. That the hours of operation shall be limited to 11 a.m. to ~~i~#t~a+~~ 11 p.m., Sunday through Wednesday; and 11 a.m. to midnight, on Thursday through Saturday. 2. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 3. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kept closed at all times during operation of the premises except for ingress/egress, deliveries and emergencies. 5. That all existing and proposed roof-mounted equipment (including the existing satellite dish) shall be completely screened from view in all directions by properly maintained design elements of the building. 6. 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. • 7. That food service with a full meal shall be available from opening time until closing time, on each day of operation. 8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any time. 9. 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. 10. That the gross sales of alcoholic beverages 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. 11. 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 Municipat Code. 12. That the sales of alcohol for off-premises consumption shall be prohibited. 13. 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 alcoholic beverages. ~ 14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 09-23-02 Page 6 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 15. 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. 16. 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. 17. That there shall be no public telephones on the premises located outside the building. 18. That signage shall be limited to existing and approved signs. That temporary signs and other advertising devices shall not be permitted except when in connection with an approved Special Event Permit. 19. 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 visual communication. 20. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 21. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color to the roof material, provided the numbers shall not be visible • from the street or adjacent properties. 22. 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, 2 and 3 as conditioned herein. 23. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. 24. That a minimum of four (4) licensed uniformed security guards, approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security, and to discourage vandalism, trespass and/or loitering upon or adjacent to the subject property. Said security guards shall remain on-duty as determined to be appropriate by the Anaheim Police Department. 25. That the landscape planters shall be permanently maintained with live and healthy plant materials. 26. That within 60 days from the date of this resolution, Condition Nos. 5, 15, 17, 21, 22 and 23, above-mentioned, shall be complied with. 27. 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. DISCUSSION: 34 minutes (1:40-2:14) 09-23-02 Page 7 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ ~ • C. a) Receiving and approving the Minutes from the Planning Commission Meetings of August 26 and September 9, 2002. (Motion) ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meetings of August 26 and September 9, 2002. Approved (6-0, Commissioner Boydstun absent) 09-23-02 Page 8 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ 2a. CEQA CATEGORICAL EXEMPTION - CLASS 3 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2002-04577 (READVERTISED) OWNER: Antoinette B. Leos, Trustee of the Antoinette Leos Trust, 10305 La Grange Avenue, Los Angeles, CA 90025 AGENT: Farmer Boys Food, Inc., Attn: Bob Veriato, 3452 University Avenue, Riverside, CA 92501 LOCATION: 2800 West Lincoln Avenue. Property is approximately 0.85-acre located on the southwest corner of Lincoln Avenue and Dale Avenue (Farmer Boys). Request to permit the construction of a fast food restaurant with drive- through and pick-up windows with waivers of (a) nonconforming structures and uses and (b) nonconforming signs and billboards. Continued from the August 12 and September 9, 2002 Planning Commission meetings. ~ CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-140 Concurred with staff Approved Granted SR8429AV.DOC Chairperson Bostwick introduced Item No. 2 as Conditional Use Permit No. 2002-04577, 2800 West Lincoln Avenue - Farmer Boys, Anaheim, CA, a request to construct a fast food restaurant with drive- through and pick-up window with waivers of: a) nonconforming structures and uses-general and b) nonconforming signs-general. Applicant's Testimony: Rodger Watson, 701 Parkcenter Drive, Santa Ana, CA, of Watson Commercial Development Services, representing Farmer Boys, states the site required a waiver because there are two existing pole signs. He addressed Condition No. 2, which requests two nonconforming pole signs be removed. Greg McCafferty, Principal Planner, states there is no reference to the pole signs because they are already down. The only sign still up is the billboard, and staff advertised in a fashion that if so chosen by the applicant, it could be retained on site. Selma Mann, Assistant City Attorney states the item was continued in order to advertise the waiver so that the option whether to retain or not retain the billboard is entirely up to the applicant/owner, and has nothing to do with what the City decision is on the Conditional Use Permit. If there is a decision to retain the billboard, the only necessary thing to do is to have the site plan come back so that Planning Commission could look at it and make sure it is in substantial conformance. Mr. Watson states the staff report recommends finro signs and they originally asked for four so, they now request three to allow them to put a logo-type wall sign over their doorway which faces the parking lot adjacent to them. The only roadway it could be seen from would be very briefly by people passing going east on Dale Avenue. Their entrance faces west, the parking lot is on the west side of the building and in ~ the center is a doorway, which they would like to have a logo placed over to funnel the customers to the entrance. 09-23-02 Page 9 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • Public Testimony: Michael Tidus, representing Vista Media, Irvine, CA, states they do not oppose the waiver, but the query is why, after approximately four hearings, the applicant is finally told that the right exists. He asks, what steps have the Planning Commission taken to enforce the finro prior court orders; what has staff done to notify applicants of the law about legal nonconforming uses concerning billboards and why is it that the property owner has to suffer the consequences of a delay in hearing to have the issue resolved? He feels it puts the lessee of the property in an awkward position. He states it is obvious Mr. Watson has gone through his site plan, he has designed everything long before he knew that he could keep the sign and Commission, as individuals, know the issue has arisen. On August 12, 2002 when the issue came up, Commission read the staff report and knew there was a billboard on site and nobody in staff made any comment on it, and after all the stuff they have gone through nobody does anything. Rodger Watson states theyare not in the mix between the billboard sign companies and the people of Anaheim. They will see that the billboard sign is gone when they build their store. The only thing they would like to have is one extra wall sign. Greg McCafferty, Principal Planner, states it makes perfect sense to let people in the parking lot know where the main entrance is and staff is not opposed to having the additional wall sign of the logo, over the entry. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None • IN GENERAL: 1 person spoke with concerns pertaining to procedural questions regarding the existing billboard. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 3(New Construction or Conversion of Small Structures), 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. 2002-04577 (to permit the construction of a fast- food restaurant with drive-through and pick-up windows), subject to the conditions of approval as stated in the staff report dated September 23, 2002, with the following modification: Modified Condition No. 8 to read as follows: 8. That the proposal shall comply with signage requirements of the CL Zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. Any additional on-site signage shall be subject to review and approval by the Commission as a Reports and Recommendation item. Further, wall signage shall be limited to approved exhibits except that the number of wall signs shall be limited to ~nre-F23 three (3) consisting of two (2) text signs and one (1) logo sign and final sign plans submitted for building ~ permits shall indicate individually routed letters for the sign copy areas. The monument sign base shall be finished in the same ledgestone as the building. 09-23-02 Page 10 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • VOTE: 6-0 (Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 12 minutes (2:15-2:27) • ~ 09-23-02 Page 11 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 4114 (READVERTISEDJ (TRACKING NO. CUP 2002-04564) OWNER: James Tsai, 7002 Moody Street, # 105, La Palma, CA 92801 AGENT: Jose R. Villaflor, 3150 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 3150 West Lincoln Avenue. Suite 128. Property is approximately 5.8 acres located south and east of the southeast corner of Lincoln Avenue and Western Avenue (EZ Dancing Company). Requests reinstatement of this permit by modification or deletion of a condition of approval pertaining to a time limitation (approved May 22, 2000, to expire May 22, 2002) to retain a dance studio and public dance hall within a commercial retail center with modification of a condition of approval pertaining to hours of operation with waiver of minimum number of parking spaces. Continued from the July 15 and August 26, 2002, Planning Commission meetings. C ~ ~ CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-141 Approved Approved Approved reinstatement to CUP to modify conditions of approval pertaining to a time limitation and hours of operation. (Dance studio/public dance hall portion, to expire on December 15, 2006) SR8421 AV.DOC Chairperson Bostwick introduced Item No. 3 as Conditional Use Permit No. 4114, 3150 West Lincoln Avenue, Suite 128 - EZ Dancing Company, Anaheim, CA, a request for reinstatement by modification or deletion of a condition of approval pertaining to a time limitation (approved May 22, 2000, to expire May 22, 2002) to retain a dance studio and public dance hall within a commercial retail center with modification of a condition of approval pertaining to hours of operation with waiver of minimum number of parking spaces. ApplicanYs Testimony: Jose Villaflor, representing EZ Dancing Company, states the business is primarily engaged in providing dance instructions in ballroom dancing and they also open the studio for public dancing from 7:30 p.m. to midnight every day except Monday. They have been in the business for approximately four years, in the same location and this is the third time he has appeared before Commission asking for approval or reinstatement of the Conditional Use Permit. During that period they have never had any complaints or reports of negative impact to the community. He requests reinstatement of the Conditional Use Permit. • THE PUBLIC HEARING WAS CLOSED. Commissioner Koos states the applicant has been before Commission a number of times. Chairperson Bostwick asked the applicant when his lease with the property owner expires. Mr. Villaflor responded it expires in December 2002, and is renewable for four years. THE PUBLIC HEARING WAS Cl.OSED. 09-23-02 Page 12 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Boydstun absent), that the Anaheim Ciry Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Approved Waiver of Code Requirement, with the following revisions made to the staff report at the meeting: Modified subparagraph (b) and (b) (i) of Paragraph (21) to read as follows: "(b) By motion, a rove the waiver pertaining to minimum number of parking spaces based on the findings contained within the parking study submitted by the petitioner as described in paragraph nos. ~4-a~-~~ 15 and 16, and that the City Traffic and Transportation Manager upon review of said parking study has determined that there is an adequate supply of parking spaces for the dance school and other uses in the shopping center based on the following: (i) That the waiver, under the conditions imposed, and based upon the conclusions contained in the submitted parking demand study (as described in paragraphs (~~} (15) and (16) of this report), would not cause fewer off-street parking spaces to be provided for such use than the number • of such spaces necessary to accommodate all vehicles attributable to the dance school and commercial complex under normal and reasonably foreseeable conditions of operation of such use." Approved requests for reinstatement of Conditional Use Permit No. 4114 (Tracking No. CUP 2002-04564) to retain a dance studio and public dance hall within a commercial retail center with modification of a condition of approval pertaining to hours of operation, to expire on December 15, 2006. Amended Resolution No. PC2000-66 in its entirety and replaced it with a new resolution which includes the following conditions of approval (Condition Nos. 1 and 2 are new conditions; Condition No. 1 was modified at today' meeting): That the dance studio/public dance hall portion of Conditional Use Permit No. 4114 shall expire on ""°~•',.~- '~~ December 15, 2006. 2. That the hours of operation for the dance studio and public dance hall shall be limited to the following: Private Lessons Public Dancina Monday: Closed Closed Tuesday through Sunday: 5 p.m.-7:30 p.m. 7:30 p.m.-midnight 3. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 4. That the on-site landscaping and irrigation system shall be maintained in ~ compliance with City standards. 09-23-02 Page 13 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 5. That the rear door located on the east wall of this tenant space (3150 West Lincoln Avenue, Suite 128) shall be used for emergency exiting purposes only and shall remain closed during hours of operation. 6. That any activity described in Section 18.89 of the Anaheim Municipal Code as a "sex-oriented business" shall not be permitted on these premises. 7. That a Public Dance Permit shall be obtained from the City of Anaheim Business License Division of the Finance Department, and all public dance activities shall be conducted in compliance with Chapter 4.16 pertaining to public dance halls. 8. That no alcoholic beverages shall be sold or consumed on the premises. 9. That a maximum of fifty (50) patrons shall be permitted on the premises at any time. 10. That no live bands shall be permitted on the premises. 11. That noise levels associated with dance lessons and/or public dancing activities shall be in compliance with Code Section 6.70 and 6.72 pertaining to maximum permitted sound pressure levels and amplified sound. 12. That, as stipulated by the petitioner, security guards shall be provided for the dance studio/public dance hall during all public dance hall hours, to the satisfaction of the Anaheim Police Department. 13. 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 Revision 1 of Exhibit No. 1 and Exhibit No. 2, and as conditioned herein. 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 Ciry, 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. Lipuor Store with sales of alcoholic beveraqes for off-premises consumption 15. That no window signs shall be permitted at any time to allow unobstructed visibility of the store interior from outside. 16. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 17. 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 the building. 18. That no alcoholic beverages shall be consumed on the premises. 19. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. • 20. That no person under finrenty one (21) years of age shall sell or be permitted to sell any alcoholic beverages. 09-23-02 Page 14 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 21. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. Commercial Retail Center 22. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 23. 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. 24. That roof-mounted balloons or other inflated devices shall not be permitted. 25. That all trash generated by this commercial retail center 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 and/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. 26. That the parking lot serving the premises shall be equipped and 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 directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties. • 27. That no exterior vending machines which are visible off-site shall be permitted. 28. 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. 29. That three (3) foot high address numbers shall be displayed and maintained on the roof in a contrasting color to the roof material. The numbers shall not be visible to streets or adjacent properties. 30. That any existing or proposed roof-mounted equipment shall be conform with the requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the "CL" Commercial, Limited Zone. 31. That the number of tenant spaces shall be limited to twenty one (21) units as shown on the exhibits submitted by the petitioner and approved by the Planning Commission. 32. That signage for subject facility shall be limited to the legal existing signage as of the date of this resolution. A sign plan showing (a) how the westerly sign on the Lincoln Avenue frontage will be refurbished and (b) that the other existing signs conform with current Code standards shall be submitted to the Zoning Division for review and approval by the Planning Commission as a"Reports and Recommendations" item. Any additional signage shall be subject to approval by the Planning Commission as a"Reports and Recommendations" item. 33. That the owner of this commercial retail center shall be responsible for . maintaining the premises free of litter at all times. 09-23-02 Page 15 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 34. That, if required by the Urban Forestry Division of the Community Services Department, street trees shall be planted by the property owner within the public rights-of-way adjacent to Western Avenue and Lincoln Avenue. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division. 35. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 36. That all public telephones shall be located inside the building. 37. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted. 38. 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 Revision 1 of Exhibit No. 1 and Exhibit No. 2, and as conditioned herein. 39. 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 Boydstun absent) ~ Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 6 minutes (2:28-2:34) ~ 09-23-02 Page 16 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION Approved 4b. WAIVER OF CODE REQUIREMENT Approved 4c. CONDITIONAL USE PERMIT NO. 3880 (READVERTISED) Approved expansion (TRACKING NO. CUP2002-04592) OWNER: The Father's Servite, 1922 West La Palma Avenue, Anaheim, CA 92801 AGENT: John T. Ahern, 12270 Alta Panorama, Santa Ana, CA 92705 LOCATION: 1952 West La Palma Avenue. Property is approximately 15.4 acres located on the south side of La Palma Avenue and north side of Dogwood Avenue (1952 West La Palma Avenue - Servite High School). Request to permit the expansion of an existing private high school by demolishing one single-family residence *to construct a faculty parking lot with waiver of (a) minimum front yard landscape setback. *Originally advertised as two single-family residences to be demolished. Continued from the September 9, 2002, Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-142 SR8402KB.DOC ~ Conditional Use Permit No. 3880, 1952 West La Palma Avenue - Servite High School, a request to permit the expansion of an existing private high school by demolishing one single-family residence to construct a faculty parking lot with waiver of minimum front yard landscaped setback. ApplicanYs Testimony: John T. Ahern, 12270 Alta Panorama, Santa Ana, CA, representing Servite High School, states Servite proposes to provide approximately 30 parking spaces on the west side of the property to move their staff into a better arranged and better located parking lot. Servite will spend approximately $400,000 to provide parking spaces that would be part of the complex. They have concerns about the hours recommended. There are numerous occasions when Servite needs to use the lot for back to school night which occurs a couple times a year, and items at the gymnasium or theatre. They request the ability to use the lot other times than just 7 a.m. to 4 p.m. Also, there was a City proposal to abandoned Dogwood Avenue to Servite. Servite fears the abandonment issue may take years to resolve and they would like to build their lot, and design it with traffic so that it can be resolved relatively easy. One of the conditions requires Servite to provide gates along Dogwood Avenue to ceiling off Servite from the neighborhood. If the abandonment does not take place, the ceiling off of Dogwood Avenue would hamper drop-offs in the mornings, traffic coming into the priory which is on the campus, and would prevent Father Jerry's mother from visiting him on Sunday afternoons. He asks Commission be flexible in reviewing the condition. THE PUBLIC HEARING WAS CLOSED. Chairperson Bosfinrick asked Mr. Ahern if the house immediately to the south is two lots and if they own the property. ~ Mr. Ahern responded no, they do not own the property. 09-23-02 Page 17 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • Chairperson Bostwick wished to clarify how they would abandon the street when they do not own both sides of the property. Greg Hastings, Zoning Division Manager, clarified the plan was to abandon the entire street and the other property owner would retain access through half of the existing street. It would become a very long driveway from the remainder of the public street. Commissioner Bristol asked if the property owner would have to maintain the street. Melanie Adams, Principal Civil Engineer responded yes, if it became a private driveway. Commissioner Koos asked if the school has a master plan for the area to address some of the growth issues. Mr. Ahern responded Servite has been there for 50 years; the long-range growth is already done. They are hoping to purchase other pieces of property, but do not have any money set aside exclusively to do so. Commissioner Bristol asked who requested the abandonment. i Mr. McCafferty responded there was a community meeting at the site with Servite, the neighborhood, Traffic and Transportation Manager and the case planner, Kevin Bass, and the conclusion of that meeting was an agreement of such a circulation plan that would include the abandonment of the street so that Servite would be able to right turn out of the parking lot and get out to La Palma Avenue. That traffic could then circulate onto the main site from La Palma Avenue, come out Dogwood Avenue and circulate back around to La Palma Avenue. The Dogwood Avenue entrance would be an "exit only' and the other half of the street would be devoted to the residents at the other corner to allow them to access their garage. Father Gerald M. Horan, O.S.N., 1922 W. La Palma Avenue, Anaheim, CA, President of Servite High School, states one of the things that people of the 1960 Dogwood Avenue were concerned about were parents who would come in through Fairview rather than through the alley access and "gum" up the works for people coming in. OPPOSITION: None ACTION: Approved a CEQA Negative Declaration Approved Waiver of Code Requirement Approved Conditional Use Permit No. 3880 (Tracking No. CUP2002-04592) to permit the expansion of an existing private high school by demolishing one single-family residence on two residential lots to construct a faculty parking lot. Incorporated conditions of approval contained in Resolution No. PC96-119 into a new resolution which includes the following conditions of approval (Condition Nos. 14, 15, 23 and 24 were modified at today's meeting and Condition No. 22 was deleted): ~ 1. That the existing Italian Cypress trees along the west property line (excepting the faculty parking lot) shall be retained and supplemented with the planting of additional 24-inch box sized trees where possible. The trees shall be permanently irrigated and maintained and promptly replaced in the event that they become damaged, diseased 09-23-02 Page 18 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ or die. Said information shall be specifically shown on plans submitted for Zoning Division approval. 2. That the maximum enrollment of this school shall be eight hundred fifty (850) students. 3. That the developer shall submit a water quality management plan (WQMP) specifically identifying the best management practices that will be used on-site to control predictable pollutants from stormwater runoff for the faculty parking lot. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 4. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3745 (to permit temporary modular classrooms in conjunction with an existing educational facility) to the Zoning Division. 5. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 6. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view and sound buffered from adjacent residential properties. • 7. That any lighting fixtures located adjacent to the residential properties to the west shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and said specifications shall be shown on the plans submitted for building permits. 8. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 9. That windows on the west elevation of the new 2-story building shall be maintained with clerestory only, as shown on submitted Exhibit No. 2. 10. That a plan shall be submitted to the Traffic and Transportation Manager for review and approval showing the redesign of Dogwood Avenue for one-way egress only. Servite private school shall be responsible for maintenance of this modified access. 11. That the owner of subject property shall be responsible for the removal of any on-site gra~ti within finrenty four (24) hours of its application. 12. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 1 a through 3. 13. That the faculty parking lot shall be enclosed with a decorative wrought iron fence, including gates across the driveway facing Dogwood Avenue. Furthermore, the ~ existing driveway from Dogwood Avenue to the private high school campus shall be secured by a decorative gate to limit access from the residential neighborhood. The location of the gate(s) shall be subject to review and approval by the Traffic 09-23-02 Page 19 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • and Transportation Manager. Said information shall be specifically shown on plans submitted for Zoning Division and Traffic Engineering Division approval. 14. That the faculty parking lot shall be restricted to staff and faculty only, and that no students shall use this parking lot. The normal hours of use shall be 6:30 a.m. to 5 p.m.; further, the parking lot may be used for school-oriented special events, not to exceed twenty (ZO) events per year. , e~~ 15. That a six (6)-foot high masonry block wall shall be constructed and maintained along the north and west property lines of the faculty parking lot, excepting the front setback (18 feet) where the wall height shall not exceed three (3) feet; provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersect. Clinging vines to eliminate gra~ti opporfunities shall be planted on maximum 5-foot centers, irrigated and maintained, adjacent to said wall. Said information shall be specifically shown on plans submitted for building permits. 16. That a landscape and irrigation plan for the faculty parking lot shall be submitted to the Zoning Division for review and approval with minimum 24-inch box sized trees, and shall be installed and maintained along the north, south and west property lines. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. ! 17. 7hat signage for subject facility shall be limited to that shown on the exhibits on file with the City of Anaheim under Conditional Use Permit No. 4154. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 18. That there shall be no "cross-scheduling" befinreen the theater and the gymnasium (i.e., no concurrent events). 19. That parking arrangements shall be made with the City of Anaheim Traffic and Transportation Manager to allow parking on La Palma Avenue for special events and/or that parking shall be provided on-site, on the track field. 20. That trash storage areas shall be refurbished (including painting the trash enclosure doors) to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. Further, the trash bins shall be stored within the enclosure out of public view. 21. That the private high school administration shall establish a traffic management plan acceptable to the Traffic and Transportation Manager to address student loading/unloading activities and other traffic circulation issues for the intersection of Dogwood Avenue and Keystone Street. . , ~ ~ie~s: 09-23-02 Page 20 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 23. That prior to issuance of a building permit, prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 4, 5, 7, 10, 13, 15, 96 and 21 a~~, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 24. That prior to final building and zoning inspections or prior to commencement of activity, whichever occurs first, Condition Nos. 12 and 20, above-mentioned, shall be complied with. 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 Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 19 minutes (2:35-2:54) • ~ 09-23-02 Page 21 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 5a. CEQA NEGATIVE DECLARATION Continued to 5b. RECLASSIFICATION NO. 2002-00078 October 7, 2002 5c. WAIVER OF CODE REQUIREMENT 5d. CONDITIONAL USE PERMIT NO. 2002-04573 (READVERTISED) OWNER: Commercial L. P., 202 North Curry Street, Suite 100, Carson City, NV 89703-4121 AGENT: Coorg Cooperation, P. O. Box 1266, Anaheim, CA 92815 LOCATION: ~No address). Property is approximately 4.3 acres having a frontage of 70 feet on the north side of La Palma Avenue located 255 feet east of the centerline of Pauline Avenue. RECLASSIFICATION 2002-00078 - Request reclassification from the RS-A-43,000 (Residential/Agricultural) zone to the ML (Limited Industrial), or a less intense zone. CONDITIONAL USE PERMIT NO. 2002-04573 - Request to permit indoor self-storage and an outdoor storage yard including RV, boat, tractor trailer, automobile/truck and construction vehicles with waiver of minimum side yard setback adjacent to a residential zone. Continued from the July 29, August 12 and August 26, 2002, Planning • Commission meetings. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. SR8436VN.DOC OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun absent), to continue the subject request to the October 7, 2002, Planning Commission meeting as requested by the petitioner in order to resolve issues relative to utility and railroad easements and to revise and submit plans to reflect existing site conditions. VOTE: 6-0 (Commissioner Boydstun absent) DISCUSSION TIME: This item was not discussed. ~ 09-23-02 Page 22 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES + 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 6b. CONDITIONAL USE PERMIT NO. 2001-04439 (TRACKING NO. CUP2002-04597) OWNER: Lederer-Anaheim, Ltd.,1990 Westwood Boulevard, 3`~ Floor, Los Angeles, CA 90025 AGENT: Pamela Marcum, 1440 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1440 South Anaheim Boulevard. Property is approximately 14.74 acres located north and east of the northeast corner of Cerritos Avenue and Anaheim Boulevard (Anaheim Indoor Marketplace). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on September 24, 2001 to expire September 24, 2002) to retain the retail sales of beer and wine for on-premises consumption in an existing restaurant. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-143 Concurred with staff Approved reinstatement of CUP for 8 years (to expire on August 29, 2010) SR8422AV.DOC Chairperson Bostwick introduced Item No. 6 as Conditional Use Permit No. 2001-04439, 1440 South Anaheim Boulevard - Anaheim Indoor Marketplace, a request for reinstatement of the permit by the ~ modification or deletion of a condition of approval pertaining to a time limitation (approved on September 24, 2001 to expire September 24, 2002) to retain the retail sales of beer and wine for on-premises consumption in an existing restaurant. Chairperson Bosfinrick abstained from the item and Chairperson Pro-tem Vanderbilt presided over the forum. ApplicanYs Testimony: Pamela Marcum, 1440 S. Anaheim Boulevard, Anaheim, CA, representing Anaheim Indoor Marketplace, states they have read the staff report and agree with the conditions of approval. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION CARRIED (Commissioner Bostwick abstained and Commissioner Boydstun 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 Califomia Environmental QualityAct (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Approved reinstatement of Conditional Use Permit No. 2001-04439 (Tracking No. CUP ~ 2002-04597) to retain on-premises sales and consumption of beer and wine in an existing restaurant for a period of eight (8) years to expire concurrent with the expiration of the Anaheim Indoor Marketplace on August 29, 2010. 09-23-02 Page 23 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • Amended Resolution No. PC2001-141 in its entirety and replaced it with a new resolution which includes the following conditions of approval (Condition No. 1 is a new condition): 1. That the on-premise sale and consumption of beer and wine portion of this permit shall expire in (8) years, on August 29, 2010, concurrent with the expiration of Conditional Use Permit No. 3400 (for the indoor swapmeet). 2. That the hours of operation for the restaurant and the on-premise sales and consumption of beer and wine shall be permitted only between the hours of 10 a.m. to 7 p.m. Wednesday through Monday. 3. That the restaurant operator shall maintain signs in the restaurant seating area, in both English and Spanish, informing the patrons that beer and wine shall not be removed from said seating area. 4. That the sale and consumption of beer and wine shall be confined to the food service area, which area shall be maintained with permanently installed barriers surrounding it so as to define the limits of the area allowing sales, service and consumption of beer and wine. 5. That the entrance/exit to the food service area shall be adjacent to the service counter of subject Alcoholic Beverage Control (ABC) licensed business so that persons entering and leaving the food service area ("confined area") will be clearly visible to employees of the licensed business. ~ 6. That no sale, consumption or possession of beer and wine by customers, sellers or employees shall be allowed outside the confined area licensed by ABC. 7. That the sale and consumption of beer and wine shall be in conjunction with food sales only. 8. That the sales of beer and wine for off-premise consumption shall be prohibited. 9. 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. 10. That all beer and wine shall be sold in distinctive containers available at the ABC licensed premises only. These containers shall not be taken out of the licensed area. 11. That beer and wine shall be sold in containers no larger than sixteen (16) fluid ounces. 12. That not more than one (1) serving of beer or wine shall be sold to a customer at any time. 13. That there shall be no sale or consumption of "non-alcoholic beer" at the subject premises. 14. That there shall be no pool tables maintained upon the premises at any time. 15. 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 premises" as defined in Section 23039 of the California Business and Professions Code. 09-23-02 Page 24 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ 16. That no "Happy Hour" type of reduced price alcoholic beverage promotion shall be allowed. 17. 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. 18. That food service with a full meal shall be available from opening time until either 7:00 p.m. or closing time, whichever occurs first, on each day of operation. 19. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at any time. 20. 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 appficant 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. 21. That there shall be no live entertainment of any type, including but not limited to live music, disc jockey, karaoke, dancing, topless entertainment, male or female performers or fashion shows. 22. That there shall be no amplified music or dancing permitted on the premises at any time. 23. 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. 24. That no person under the ages of 21 shall sell or deliver alcoholic beverages. 25. That no pay phone shall be maintained within the leased space of this business. 26. That loitering shall be prohibited on or around these premises or the area under control of the licensee(s). 27. That the petitioner(s) shall not require an admission charge or a cover charge, nor shall there be a requirement to purchase a minimum number of drinks. 28. That no obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate the booths/dining areas within the interior space of the licensed premises. 29. That the licensee(s) shall not maintain or construct any type of enclosed room intended for use by patrons or customers for any purpose. 30. That the petitioner shall make no changes in the premises interior without prior written approval from the Department of Alcohol Beverage Control. 31. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 32. 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 09-23-02 Page 25 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 33. That the applicant shall be responsible for maintaining the premises free of litter at all times. 34. 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, as conditioned herein. 35. 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: 5-0 (Commissioner Bostwick abstained and Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 3 minutes (2:55-2:58) • ~ ~~ 09-23-02 Page 26 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED~ 7b. CONDITIONAL USE PERMIT NO. 3935 (TRACKING NO. CUP2002-04599) OWNER: Anaheim Magnolia, LLC., 6732 Westminster Boulevard, Westminster, CA 92683 AGENT: Bhikhu Patel, 24351 Re De Gauguin, Laguna Niguel, CA 92677 LOCATION: 1125 North Maqnolia Avenue. Property is approximately 1.5 acres having a frontage of 271 feet on the west side of Magnolia Avenue located 280 feet north of the centerline of La Palma Avenue (Shehnai Cuisine of India Restaurant and Banquet Hall). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 29, 2001 to expire June 29, 2002) to retain a previously-approved restaurant and banquet facility with on-premises sale and consumption of alcoholic beverages. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-144 Approved Approved reinstatement (to expire on December 29, 2005) SR1095CW.DOC Chairperson Bostwick introduced item No. 7 as Conditional Use Permit No. 3935, 1125 North Magnolia • Avenue - Shehnai Cuisine of India Restaurant and Banquet Hall, a request for reinstatement of the permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on June 29, 2001 to expire June 29, 2002) to retain a previously-approved restaurant and banquet facility with on-premises sale and consumption of alcoholic beverages. Applicant's Testimony: Bhikhu Patel, 6732 Westminster Boulevard, Westminster, CA, states it has been a year since they have been approved to operate the Shehnai Cuisine India Restaurant and Banquet Hall, and they have met all of the conditions. One of the conditions was to maintain a good business for a year and it has since been 1 year and 3 months. He requests Commission's approval to continue their business. THE PUBLIC HEARING WAS CLOSED. Chairperson Bostwick asked when the lease expires. Mr. Patel responded it is a 5-year lease from the day of operation, with approximately 3 years and 9 months remaining. Commissioner Koos suggested reinstating the Conditional Use Permit to expire December 29, 2005. OPPOSlTION: None ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION ~ CARRIED (Commissioner Boydstun 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. 09-23-02 Page 27 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ Approved reinstatement of Conditional Use Permit No. 3935 (Tracking No. CUP2002- 04599) to retain a previously-approved restaurant and banquet facility with on-premises consumption of alcoholic beverages to expire on December 29, 2005. Amended Resolution No. PC2000-112 in its entirety and replaced it with a new resolution which includes the following conditions of approval (based on the finding that the modification is necessary to permit the reasonable operation of this restaurant/banquet facility). (Condition No. 1 was modified at today's meeting): That this permit shall expire on d~+~AA4 December 29, 2005. 2. That trash storage areas shall be 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. Clinging vines planted on maximum 3-foot centers or tall shrubbery shall be maintained adjacent to the trash enclosure. 3. 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. 4. That there shall not be any off-street or walk-in sale of alcoholic beverages; and that alcoholic beverages shall only be served at banquets in the banquet facility and not in the restaurant. • 5. 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 premises as defined in Section 23039 of the California Business and Professions Code. 6. That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 7. 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." 8. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 9. That there shall be no pool tables or coin-operated games maintained upon the premises at any time. 10. 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 directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby businesses. 11. That the hours of operation for the restaurant shall be limited to 11 a.m. to 11 p.m. (seven (7) days per week); and that the hours of operation for the ~ banquet facility shall be limited to 6 a.m. to 11 p.m. (weekdays) and 11 a.m. to 11 p.m. (weekends), as stated by the petitioner. 09-23-02 Page 28 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ 12. That a maximum capacity of sixty (60) persons shall be allowed for the banquet facility during the hours of 8 a.m. to 5 p.m. and that a maximum capacity of two hundred thirty (230) persons shall be allowed for the banquet facility during evening hours after 5 p.m., as specified by the City Traffic and Transportation Manager. 13. That at all times when entertainment or dancing is permitted, security shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. 14. 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. 15. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. 16. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon ~ said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 17. That a valid City of Anaheim business license shall be obtained from the Business License Division of the Finance Department. 18. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Commission as a"Reports and Recommendations" item and shall comply with all signing requirements of the CL (Commercial Limited) Zone unless a variance allowing sign waivers is approved by the Planning Commission. 19. That three (3) foot high address numbers shall be maintained on the roof in a contrasting color tot he roofing material, not to be visible from ground level. 20. That window signs shall not be permitted. 21. That the applicant shall be responsible for maintaining the premises free of litter at all times. 22. That no banners, pennants or balloons shall be permitted unless a Special Event Permit is first obtained. Roof-mounted balloons shall not be permitted at any time. 23. That no vending machines shall be visible from any public right-of-way. ~ 24. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 09-23-02 Page 29 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 25. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 26. 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, 2a, 2b, 3 and 4. 27. 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 Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (2:59-3:03) ~ ~ 09-23-02 Page 30 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 8a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 8b. CONDITIONAL USE PERMIT NO, 1731 (TRACKING NO. CUP2002-04600) OWNER: Cheng Lee, 13571 Harbor Boulevard, Garden Grove, CA 92843 AGENT: Southwest Strategies, Attn: larry Lazar, P. O. Box 53311, Irvine, CA 92619 LOCATION: 408 South Brookhurst Street. Property is approximately 0.3-acre having a frontage of 83 feet on the east side of Brookhurst Street located 516 feet south of the centerline of Broadway (La Langosta Mexican Restaurant). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on September 23, 1997 to expire September 23, 2002) to retain sales of beer and wine for on-premises consumption in an existing restaurant, and amendment to conditions of approval pertaining to hours of operation. CONDITIONAL USE PERMIT RESOLUTION NO. ~ OPPOSITION: None Continued to November 4, 2002 SR8425KB.DOC ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Koos and MOTION CARRIED (Commissioner Boydstun absent), to continue the subject request to the November 4, 2002, Planning Commission meeting as requested by the owner in order to submit revised plans, readvertise the item in order to expand the facility, in addition to reinstatement for beer and wine sales for on-premises consumption, and to amend conditions of approval pertaining to hours of operation. VOTE: 6-0 (Commissioner Boydstun absent) DISCUSSION TIME: This item was not discussed. ~ 09-23-02 Page 31 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 9a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 9b. WAIVER OF CODE REQUIREMENT Approved 9c. CONDITIONAL USE PERMIT NO. 2002-04596 Granted for 5 years (to expire on OWNER: Post # 3173 Anaheim, Attn; Art Peck, 805 East September 23, 2007) Sycamore Street, Anaheirxi, CA 92805 AGENT; S F C Consultants, Attn: Saundra Jacobs, 26012 Marguerite Parkway, Suite H424, Mission Viejo, CA 92692 LOCATION: 805 East Svcamore Street. Property is approximately 0.9-acre having a frontage of 100 feet on the north side of Sycamore Street located 170 feet west of the centerline of Vine Street (VFW Hall No. 3173). Request to permit a telecommunications antenna and accessory ground- mounted equipment with waiver of minimum side yard setback adjacent to a residential zone. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-145 SR8428VN.DOC Chairperson Bostwick introduced Item No. 9 as Conditional Use Permit No. 2002-04596, 805 East Sycamore Street - VFW Hall No. 3173, a request to permit a telecommunications antenna and accessory ground-mounted equipment with waiver of required side yard setback adjacent to a residential zone. • Commissioner Koos indicated he is abstaining on this item due to his close relationship with the wireless telecommunications industry. While he has previously conferred with the City Attorney and determined that he does not have any financial conflict of interest, he abstains to avoid any potential perceived conflict, Applicant's Testimony: Art Peck, 913 9 Valley St., Anaheim, CA, Post Commander of the Anaheim Veterans of Foreign Wars Post, states the County has 20 Veterans of Foreign Wars Post throughout the county and Anaheim has the only building that is a post home. The proposed installation would allow the Anaheim Post to continue their operation and return to benefifs they used to present such as, scouts awards, banquets to present police, firefighter and teacher of the year, etc. On the voice of democracy they would start off with $200 for 1 St prize, $175 for 2"d prize, and $100 for 3`d but now they can only give $100. The income from the installation would take care of all of their operating expenses. Public Testimony: Daniel B. Barragan, 427 N. Vine St., Anaheim, CA, states he and his wife are owners of 427 N. Vine St., directly across from VFW and they wonder if the proposed antenna would affect the reception or the value of the property. Chairperson Bostwick responded there are many antennas around the City of Anaheim and there is no wave frequency between the cellular towers and televisions. Applicant's Rebuttal: ~ Mr. Peck states to address Mr. Barragan's concerns the antenna they would be installing would replace an existing antenna on the property, closer to the building. It would look like a flagpole and replace the existing flagpole. 09-23-OZ Page 32 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ THE PUBLIC HEARING WAS CLOSED. Commissioner Bristol asked if there was a representative present from AT&T. Jim Kelly, 26012 Margarite Parkway, Mission Viejo, CA, representing AT&T Wireless, responded the frequency and bandwidth used by the digital PCS is at a much lower frequency and does not interfere with emergency, public or private broadcast. Commissioner Bristol states it is the lowest antenna seen in a long time and he asked why. Mr. Kelly responded AT&T Wireless, owns the new 3-G (Third Generation). It has a unique wireless bandwidth, and requirement of 35 to 45 feet is the preferred height for AT&T. • • ~ ~- • ~ ~ • ~ • OPPOSITION: None IN GENERAL: 1 person spoke with questions pertaining to the subject request. ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Koos abstained and Commissioner Boydstun 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. 2002-04596 to permit a telecommunications antenna (flagpole) and accessory ground-mounted equipment, for a period of 5 years (to expire on September 23, 2007), subject to the conditions of approval as stated in the staff report dated September 23, 2002, with the following modifications: Modified Condition No. 10 to read as follows: 10. That the existing metal storage unit ~~ may be removed and replaced with a new storage unit constructed to match and integrate with the proposed equipment shelter. Said information shall be specifically shown on plans submitted for building permits. VOTE: 5-0 (Commissioner Koos abstained and Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (3:04-3:08) ~ 09-23-02 Page 33 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 10a. CEQA NEGATIVE DECLARATION 10b. WAIVER OF CODE REQUIREMENT 10c. CONDITIONAL USE PERMIT NO. 2002-04601 OWNER: Ball Road Corporation, 10701 Wilshire Boulevard, # 2204, Los Angeles, CA 90024 AGENT: Botich Architects, 2140 South State College Boulevard, Suite 110, Anaheim, CA 92806 LOCATION: 2823 West Ball Road. Property is approximately 0.57- acre having a frontage of 110 feet on the north side of Ball Road located 328 feet west of the centerline of Dale Avenue. Request to permit a 30-unit affordable senior citizen's apartment complex with a density bonus with waivers of: a) minimum building site area per dwelling unit, b) minimum building setback, c) maximum structural height adjacent to a single-family residential zone and d) maximum density bonus. CONDITIONAL USE PERMIT RESOLUTION NO. ~ ~ Continued to October 7, 2002 SR1094CW.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun absent), to continue the subject request to the October 7, 2002, Planning Commission meeting as requested by the applicant in order to reconsider the project design. VOTE: 6-0 (Commissioner Boydstun absent) DISCUSSION TIME: This item was not discussed. 09-23-02 Page 34 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ 11a. CEQA CATEGORICAL EXEMPTION - CLASS 3 11b. CONDITIONAL USE PERMIT NO. 2530 (TRACKING NO. CUP2002-04593) OWNER: 2000 T. Salsbury, 2465 West La Palma Avenue, A~aheim, CA 92801 AGENT: Gregory Salsbury, 2465 West La Palma Avenue, Anaheim, CA 92801 LOCATION: 2465 West La Palma Avenue. Property is approximately 0.86-acre having a frontage of 163 feet on the north side of La Palma Avenue located 820 feet west of the centerline of Gilbert Street. Request to amend an existing contractor's storage yard to permit a modular office trailer in conjunction with an existing residential structure to be used as a caretaker's unit. CONDITIONAL USE PERMIT RESOLUTION NO. W ithdrawn SR8430VN.DOC FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. • OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby accept the withdrawal of Conditional Use Permit No. 2530 (Tracking No. CUP2002-04593) since the modular office unit is now proposed as a permanent structure and therefore, does not require a conditional use permit. The subject matter is being reviewed today, by the Planning Commission as Reports and Recommendations item for determination of substantial conformance in order to amend exhibits for an existing contractor's storage yard to allow a caretaker's unit and retain a new office building. VOTE: 6-0 (Commissioner Boydstun absent) DISCUSSION TIME: This item was not discussed. ~ 09-23-02 Page 35 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES 12a. CEQA NEGATIVE DECLARATION . 12b. WAIVER OF CODE REQUIREMENT 12c. CONDITIONAL USE PERMIT NO. 1420 (TRACKING NO. CUP2002-04594) OWNER: Marcia A. Halligan, 5750 East La Palma Avenue, Anaheim, CA 92807 AGENT: TJS Architects, Inc., Attn: Ted Stelzner, 1208 North Euclid Avenue, Ontario, CA 91762 LOCATION: 5780 East La Palma Avenue. Property is approximately 1.1 acres located 690 feet east of the centerline of Imperial Highway, having a frontage of approximately 291 feet on the south side of La Palma Avenue (Armstrong Garden Center). Request to reconstruct and expand an existing plant nursery with waivers of a) maximum fence height, d) maximum number of wall signs, b) prohibited roof signage*, c) permitted commercial center identification sign, e) minimum number of parking spaces, ~ screening of non-plant materials and g) minimum landscape setback adjacent to an arterial highway. * This waiver has been deleted. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-146 Approved Approved, in part Amended to permit reconstruction and expansion SR8426JR.DOC ~ Chairperson Bosfinrick introduced Item No. 12 as Conditional Use Permit No. 1420, 5780 East La Palma Avenue - Armstrong Garden Center, Anaheim, CA, a request to reconstruct and expand an existing plant nursery with waivers of: a) maximum fence height in street setback, b) maximum number of wall signs, c) prohibited roof signage, d) minimum number of parking spaces, e) screening on non-plant materials and ~ minimum landscape setback adjacent to an arterial highway. ApplicanYs Testimony: Joe Amaral, 2200 E. Alosta Avenue, Suite 200, Glendora, CA, representing Armstrong Garden Center, states they have read the staff report and agree with the conditions of approval, with the exception of the signage. Currently they have three signs on their property; a monument sign and two signs on their building, and would like to keep them. Ted Stelzner, 1208 N. Euclid Avenue, Ontario, CA, Architect for Armstrong Garden Centers, states presently the building has four signs on the tower as well as the monument sign, which is finro-sided. The monument sign is recommended for approval but the signs on the building have been reduced from four signs, which are presently on the building, to two signs; one that faces the street and one that faces Kino's. They would like the sign facing Kino's to face the carwash on the east side of the building instead of the west side. THE PUBLIC HEARING WAS CLOSED. Mr. Amaral states La Palma Avenue curves and the monument sign cannot be seen until you come upon it. Commissioner Koos concurs it does curve but feels one would be looking more at the property than if the ~ street were completely straight. 09-23-02 Page 36 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES Mr. Amaral states their building is taller than the carwash next door and they would be able to see the sign above the carwash considerably farther down the street than a monument sign, which is only 4 feet ~ high. The sign is an intricate part of the building; there is no other signage in the window. lt is their corporate identity, their logo, and they only have one effective sign on the building. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved, in part, Waiver of Code Requirement, as follows: Approved waivers pertaining to (a) maximum fence height because an existing 6-foot high wrought iron fence located in approximately the same place as the proposed fence was part of the approved exhibits for Conditional Use Permit No. 1420. The new location of the fence 10 feet further from the ultimate right-of-way, located behind an 18- inch berm landscaped with a variety of trees, shrubs, and groundcover would improve the existing non-conforming fence and not effectively increase the height of the fer-ce due to its location behind an 18-inch landscaped berm, (c) permitted commercial identification sign because staff believes that strict adherence to the code would deprive this property of visibility to vehicular traffic traveling in either direction along La Palma Avenue due to the existing curve of La Palma Avenue, and the subject site's location along this curve. Strict adherence to the zoning code would also deprive this property owner a privilege that is enjoyed by other property owners with similar zoning as presently the Best Western Anaheim Hills, Keno's Family Restaurant, Anaheim Hills Car Wash & Lube, and Canyon Village Shopping Center have signage similar to what is proposed for this property, (e) minimum number of parking spaces based on the City Traffic and Transportation Manager review and approval of the parking study submitted ~ by the petitioner. The parking study indicates there is a sufficient number of parking spaces, and that the proposed use will not cause or increase demand for parking on streets or private property in the vicinity. Furthermore, the layout of the parking area not impede vehicular ingress or egress from adjacent properties, or upon the public streets, and approved waivers pertaining to (~ required screening of non-plant materials and (g) minimum landscaped setback adjacent to an arterial highway because both subject waivers were previously approved and would improve the visual character of the site by providing higher quality perimeter fencing and more landscaping than is currently located on the site. Vote: 6-0 (Commissioner Boydstun absent) Denied waiver (b) pertaining to prohibited roof signage since it has been deleted. Vote: 6-0 (Commissioner Boydstun absent) Denied waiver (d) pertaining to maximum number of wall signs, due to the following: Commissioner Bostwick offered a motion to approve waiver (d) pertaining to maximum number of wall signs and motion FAILED TO CARRY with a tie vote: AYES: Bostwick, Bristol, Romero NOES: Eastman, Koos, Vanderbilt ABSENT: Boydstun • Commissioner Bostwick offered an alternate motion to approve waiver (d) pertaining to maximum number of wall signs and motion FAILED TO CARRY with a tie vote: 09-23-02 Page 37 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES AYES: Bostwick, Bristol, Romero ~ NOES: Eastman, Koos, Vanderbilt ABSENT: Boydstun Approved, in part, to amend Conditional Use Permit No. 1420 (Tracking No. CUP2002- 04594) to reconstruct and expand an existing plant nursery, subject to the conditions of approval as stated in the staff report dated September 23, 2002. Vote on CUP: 6-0 (Commissioner Boydstun absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 22 minutes (3:09-3:31) ~ ~ 09-23-02 Page 38 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ 13a. CEQA NEGATIVE DECLARATION 13b. WAIVER OF CODE REQUIREMENT 13c. CONDITIONAL USE PERMIT NO. 2002-04595 OWNER: Anaheim General Hospital LTD., 4642 Newport Avenue, Suite 340, Tustin, CA 92780 AGENT: Integrated Design Service, Attn: Freeman A. Robert, 13891 Newport Avenue, Suite 110, Tustin, CA 92780 LOCATION: 3350 West Ball Road. Property is approximately 9.3 acres located at the southeast corner of Ball Road and Masters Lane (Anaheim General Hospital). Request to expand an existing emergency room, permit and retain a mobile MRI trailer and five mobile trailers, and reconfigure the parking lot for an existing hospital with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-147 Approved Approved Granted, in part, MRI trailer approved for 1 year (to expire on September 23, 2003) SR8433AV.DOC Chairperson Bostwick introduced Item No. 13 as Conditional Use Permit No. 2002-04595, 3350 West Ball Road - Anaheim General Hospital, a request to expand an existing emergency room, permit a mobile MRI medical trailer and five mobile trailers, and reconfigure the parking for an existing hospital with waiver of minimum number of parking spaces. ~ ApplicanYs Testimony: Robert Freeman, 13891 Newport Avenue, Architect of Integrated Design Service, representing Anaheim General Hospital, states the hospital is proposing additional parking spaces for the facility, which will be landscaped according to the City of Anaheim standards. The hospital is a tremendous neighbor in the City of Anaheim; the landscaping is beautifully maintained and nicely designed; and the additional landscaping is going to be very nicely done for the parking lot as well. One of the conditions of approval the hospital is expending funds and effort to comply with the city on is the offer to remove the existing temporary facilities after a period of a year. Also, they asked Commission to address Condition No. 5, regarding the reconstruction of the driveway entrances along Ball Road. John L. Glavinovich, M.D., Emergency Room Director of the Anaheim General Hospital, states their Emergency Department is extremely limited in space and because of the limitation there are bottlenecks and the increased likelihood that it would be closed to paramedic emergencies, and ambulance diversions. Increasing the space at the hospital is essential and would enable them to better serve the needs of the community. Public Testimony: ~ George Semaan, 1294 S. Masters Lane, Anaheim, CA, states he has no problem with the hospital's expansion, except the noise level from the MRI trailer is unbearable. Also, next to the railroad there is a fence and children play all day long, especially in the summer time, and they have access into the parking lot where they skateboard and make lots of noise. The hospital does not have good landscape; there are bad trees on their side of the easement. In April of 2000, his house was burglarized. The burglar came up a tree adjacent to his wall. Twice he asked the hospital maintenance manager to cut the tree branch that goes over his wall, but the manager did not do it so, he did it himself. He hopes Commission denies the request unless the MRI is totally enclosed inside the building. 09-23-02 Page 39 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ Hong Nguyen, 1298 S. Masters Lane, Anaheim, CA, states her backyard is facing the MR! trailer and delivery or service normally come and go during the night between 9 p.m. and 5 a.m. The buses that set up the trailer makes a lot of noise banging against the metal hole, and sometimes during the night there is a whistle noise that gives them a headache. She concurs with Mr. Semaan; the students make a lot of noise. Emile Bossier, 1260 S. Masters Lane, Anaheim, CA, states he has lived in his home since 1969 and is the original homeowner. They have no problems with the facilities expanding, but he and six other residents on the west side of Masters Lane share a border with the hospital; a 3-foot retainer wall, and on top of it is built a wooden fence. They all have had the same fence since the existence of the property and now the hospital trees along the fence have trunks that are expanding and the wooden fences are being pushed back. He concurs with Mr. Semaan; the maintenance of the trees is not up to standard. He has had one fall on his house and he had to contact the hospital to get them to clean up his yard. The landscaping is not that great, but the main problem is no provisions have been made for any kind of abatement. The hospita! services come into the driveway which runs along the west wall, and they get everything through there from rubbish hauling to oxygen gases. The oxygen truck comes approximately 2 to 3:00 a.m. on delivery day and it is extremely noisy when the oxygen is being pumped into the hospital from the tank. All of the homes are two-story and the bedroom windows face west and anyone in his bedroom can see what is being done back there. Also, there are employee noises and he is concerned because no where in the staff report are provisions made to prevent the noise from disturbing the neighborhood, especially so early in the moming. The staff report states there is no impact on parking spaces, but with Ball Road being such a small street and a cul-de-sac, it does not take much to impact patients coming over and avoiding what they cannot find at the hospital and parking on Masters Lane, which also gets an overflow of parking from the medical center across the street from the hospital. Applicant's Rebuttal: ~ Mr. Freeman states the times he has been on the site he was not aware that there was a breech in the fence along the railroad and if individuals are getting on the property it would be his guess they would be jumping over the fence. The MRI trailer is located in the middle of the south portion of the property and it is his understanding from the hospital administrator that the MRI trailer arrives no earlier than 7 a.m. and leaves no later than 5 p.m., and 6 a.m, for oxygen delivery. Chairperson Bosfinrick states in 1992 the Planning Commission approved the Conditional Use Permit and the number one condition was that the mobile medical unit trailer should be powered by an underground- connected electrical power service and should not be powered by the existing generator, but the hospital is still running the MRI off the generator. Mr. Freeman responded his understanding is that the MRI trailer is not run off the generator. Commissioner Bristol responded fhe noise comes from the air conditioning unit on the trailer itself. He asked how many days they operate the MRI on site. Mr. Freeman responded the MRI is operated on site three days a week; Mondays, Wednesdays and Fridays. Commissioner Bristol states it is one day more than the approval of the Conditional Use Permit, which expired 8 years ago. Also, the condition states, "The air conditioning unit shall be baffled immediately to the maximum extent possible" and that has not been done. Mr. Freeman responded he understands the owner of the trailer installed baffles to reduce the noise and there are opportunities, since they are planting around the parking area which is immediately to the west of where that MRI is located, to put some increased landscaping; trees or shrubbery that would mitigate some of the noise from the trailer and make arrangements to only receive deliveries during daylight ~ hours. 09-23-02 Page 40 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • Commissioner Bostwick states the original Conditional Use Permit states, "That the delivery of the mobile van shall not be any earlier than 7 a.m. and the removal shall not take place any later than 7 p.m:' Mr. Wilcox states it arrives no earlier than 7 a.m. and is out of the parking lot by 5 p.m. Regarding the noise that comes from the trailer, the actuai electricity that powers the MRI comes from a permanently installed electrical connection that the trailer hooks up to. The noise diesel generator from the MRI trailer is equivalent to what is heard on a refrigerated transport truck that might be delivering produce. It is an air conditioning unit, which is not wired to be hooked up separately. Chairperson Bostwick states the original intent and idea when stated, "to wire it permanentl~' was to get rid of any running engines. Commissioner Bristol states he was on the Commission when this issue came up in 1992, and there are a couple of things that concerns him: 1) the fact that they have not come back after two years and are totally out of compliance with the CUP and 2) he visited the hospital Sunday morning before 8:00 a.m. and saw an air-liquid tank filling up within 30 feet of the west neighborhood and it was very noisy. He drove to the back and saw the MRI unit that has not been approved for 8 years, also making a lot of noise. The new parking configuration might buffer it somewhat, but that should have been addressed 8 years ago. He concurs with the neighbors; the hospital needs to quiet down, be a little friendly and understanding to the residents because to have anything making that much noise is really rude. Mr. Wilcox states he absolutely agrees and is willing to work with the residents to eliminate the noise, not only from MRI but also from any other deliveries that occur in nonstandard hours. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 3 people spoke in opposition to the MRI trailer (re: noise generated) and in regards to ~ landscaping issues. ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted, in part, Conditional Use Permit No. 2002-04595 to expand an existing emergency room, permit and retain a mobile MRI trailer and five mobile trailers (4 office trailers and 9 nuclear van), and reconfigure the parking lot for an existing hospital, for a period of one (1) year for the office trailers and MRI trailer (to expire on September 23, 2003), subject to the conditions of approval as stated in the staff report dated September 23, 2002, with the following modifications: Modified Condition Nos. 2 and 21 to read as follows: 2. That the request to retain the MRI trailer shall expire t#~ree{3} one (1) years from the date of this resolution on September 23, ~A85 2003. 21. That prior to final building and zoning inspections or occupancy for structures requiring City building permits, Condition No. 19, above-mentioned, shall be complied with. Deleted Condition No. 18 ~ Added the following conditions of approval to read as follows: That all non-emergency deliveries shall occur between the hours of 7 a.m. and 7 p.m. 09-23-02 Page 41 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ That the MRI trailer (including the air conditioning unit) shall be powered by an underground-connected electric power source, and shall not be powered by the existing generator. That delivery of the MRI unit shall not take place earlier than 7 a.m., and that removal of the unit shall not take place later than 7 p.m. That operation of the MRI unit shall be limited to three (3) days per week. VOTE; 6-0 (Commissioner Boydstun absent) Seima Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 30 minutes (3:32-4:02) ~ ~ 09-23-02 Page 42 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 14a. CEQA NEGQTIVE DECLARATION Approved 14b. WAIVER OF CODE REQUIREMENT Approved 14c. CONDITIONAL USE PERMIT NO. 2002-04602 Granted OWNER: Betty Smith, 3001 East Stearns Drive, Orange, CA 92869 AGENT: Joseph Truxaw, 265 South Anita Drive, Suite 111, Orange, CA 92868 LOCATION: 1190 East Ball Road. Property is approximately 0.77- acre having a frontage of 225 feet on the south side of Ball Road located 535* feet east of the centerline of Lewis Street. *Advertised as 290 feet. Request to permit an outdoor lumberyard with waivers of a) maximum fence height and b) minimum setback adjacent to an arterial highway. CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-148 SR8432KB.DOC Chairperson Bostwick introduced Item No. 14 as Conditional Use Permit No. 2002-04602, 1190 East Ball Road, a request to permit an outdoor lumber yard with waivers of: a) maximum fence height and b) minimum setback adjacent to an arterial highway. ~ Applicant's Testimony: John Ganahl states he has been a resident of Anaheim for 58 years and is currently the CFO of Ganahf Lumber Co. Ganahl has been in Anaheim approximately 100 years and may very well be the oldest continually operated business in the City. Their present location is 1220 East Ball Road and they have been there since 1977. The property in question is a 3/4-acre bite out of the corner of their existing 16- acre property. It was formerly the site of the KEZY Radio station since sometime in the 1960's. Ganahl Lumber has wanted to own it for years and bought it last year when it became available. Ganahl Lumber currently owns property to the east, south and west, on which they store lumber and want to use the subject property in the same fashion. There is no external access needed. They would access the property from inside the fence line. It is adjacent to railroad tracks on the property and would become an idea lumber site. The property would have the same external appearance as the 300 to 400 feet east of the property that exists currently; it has a 15-foot high fence with heary landscaping in front of it. There is no additional signage being requested. THE PUBLIC HEARlNG WAS CLOSED. Commissioner Bosfinrick asked Mr. Ganahl if there is any thought to widening the entrance for the truck entrance and reconstructing the driveway so that two semi's could fit there in the mornings because currently they line up along Ball Road and out to the street. Mr. Ganahl responded no, they have not given any thought to widening it, but the fact that the property is directly adjacent to where the trucks come in, makes it easier to off load them and get them on their way. The property is ideally located internally for them to off load railroad cars and trucks. There are existing power lines directly to the west of the driveway and a few other complications that might therein ensue, plus going in a couple hundred feet would go directly to where the existing maintenance building is and also where the gas pumps are. ~ Commissioner Bostwick states if they relocated the driveway directly at East Street where the old driveway of KEZY was, so that the trucks would be using a left turn lane to come into the property, and 09-23-02 Page 43 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • close the driveway the way it is now and bring the trucks straight in that would make access or better traffic. Mr. Ganahl states they looked at it internally and it did not seem to help at all but rather seemed to mess things up. They recognize getting vendor trucks in, unloaded and out is important, and the subject property allows them to do that more efficiently than they would have been able to do before. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2002-04602 to permit an outdoor lumber storage yard, subject to the conditions of approval as stated in the staff report dated September 23, 2002, with the following modification: Modified Condition No. 19 to read as follows: 19. That prior to commencement of activity or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 7, 9, 10, 14, 17 and 18, above-mentioned, shali be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. ~ VOTE: 6-0 Commissioner Bo dstun absent ~ Y ) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 7 minutes (4:03-4:10) ~ 09-23-02 Page 44 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES • 15a. ENVIRONMENTAL IMPACT REPORT NO. 280 (PREVIOUSLY-CERTIFIED~ 15b. FINAL SITE PLAN REVIEW NO. 2002-00008 OWNER: SF Pacific Properties Inc., 201 Mission Street, San Francisco, CA 94105 AGENT: Derevere and Associates, Attn: Peter Morris, 1601 Dove Street, Suite 190, Newport Beach, CA 92660 LOCATION: 1071 North Pacificenter Drive (a private street). Property is approximately 25.7 acres located at the southwest corner of La Palma Avenue and Tustin Avenue. Request review and approval of a final site plan for a previously-approved office building within the Pacificenter Specific Plan (SP88-3) zone. Approved Approved Final Site Plan SR8427KB.DOC Chairperson Bostwick introduced Item No. 15 as Final Site Plan No. 2002-00008, 1071 North Pacificenter Drive; The Pacificenter Specific Plan No. 88-3, a request for review and approval of a final site plan for a previously-approved o~ce building within the Pacificenter Specific Plan (SP88-3) Zone. ApplicanYs Testimony: Bill Dennis, 4000 Westerly Place, Newport Beach, CA., Sr. Vice President of Katella's Development Corporation and the owner of The Pacificenter in Anaheim, states the project is a true win-win for both ~ themselves and the City of Anaheim. The building will be owned by an owner/occupant Church Development Fund, Inc., which is a California non-profit corporation. !t is a win-win because Church Development Fund is a valued tenant of theirs in the adjacent building and will now become an owner and permanent, expanding occupant in Pacificenter Anaheim and in the City of Anaheim; bringing more jobs and quality to the City in their project. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Boydstun absent), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 280 is adequate to serve as the required environmental documentation for subject request. Approved Final Site Plan Review No. 2002-00008 as being consistent with the Development Standards of Amendment No. 3 of the Pacificenter Specific Plan, including the location of the office building as intended on the premises and the exterior building materials and architecture which is similar to the adjacent office building with the following stipulation: (i) This recommendation is also based on the stipulation, that 78 parking spaces shall be made available for Metrolink commuters as agreed to ~ by the Community Development Department and the developer. 09-23-02 Page 45 SEPTEMBER 23, 2002 PLANNING COMMISSION MINUTES ~ VOTE: 6-0 (Commissioner Boydstun absent) Seima Mann, Assistant City Attorney, presented the 10-day appeal rights. DlSCUSSION TIME: 2 minutes (4:11-4:13) PLANNING COMMISSION REQUESTED STAFF TO AGENDIZE FOR DISCUSSION/CONSIDERATION OF AN AMORTIZATION PROGRAM FOR FRONT YARD FENCES. MEETING ADJOURNED AT 4:15 P.M. TO MONDAY, OCTOBER 7, 2002 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. ~ Respectfully submitted: L~`~~ Pat Chandler, Senior Secretary Received and approved by the Planning Commission on , 2002. ~ 09-23-02 Page 46