Minutes-PC 2002/12/16r
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CITY OF ANAHEIM
PLANNlNG COMMISSION MINUTES
MONDAY, DECEMBER 16, 2002
Councii Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRPER.~~°~~P~+UL:;BQSTWICK
COMMISSIONERS PRESENT: PHYLLC~fl S~U~I~S~"EC~;~I~i BRISTOL, GAIL EASTMAN,
~JQH'IV~KOC~~,~A~(Ia~~IV~,~RO~~~~ES VANDERBILT
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STAFF PRESENT: ~ ; ~ _. ~ ~
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Selma Mann, Assistant ~~fy Atto~r~~ ~;~` Scott Koehm; Assts,~~~ ~F~lar~ne~
Greg Hastings, Zornng ~?ivis~cs~~ a~ get~ Elly Morris, Sen~~~~~ec~~ta~ ~
Greg McCafferty, Prm~ipal Pla~ e~-~~~~ Pat Chandler, Se E~or"~~;c~~i~ry ~
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PLANNING t~OMM1SS1C11~~1AORNiN~ SE~SION ~~'1 ~OO~,,M ~ ~
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PLANNING COM 1SS„~ON E ~ ~ ~ ~ ~ ~ ~ ~~-''
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• PRELIMINARY PLA~~~~IF~V FE~R3ITEMS QNfiTHE~ECEMBER 16, 2002 AGENDA
~,;~.~;~~~w ~~:
RECESS TO AFTERNOON PUBLIC 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
PUBLIC HEARING ITEMS
ADJOURNMENT
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H:IDOCS\CLERICAL\MINUTESWC121602.DOC lannin commission anaheim.net
DECEMBER 16, 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 CARRfED
(Commissioners Boydstun and Koos abstained on the approval of the November 18, 2002 minutes), for
approval of Consent Calendar ltems (1-A through 1-C) as recommended by staff. UNANIMOUSLY
APPROVED
1. REPORTS AND RECOMMENDATIONS
A. a) CONDITIONAL USE PERMIT NO. 2495 (TRACKING NO. CUP2002- Terminated
04642)-REQUEST FOR TERMINATION: Chad Horning, Newport
~ Federal, 4425 Jamboree, Suite 250, Newport Beach, CA 92660, (Vote: 7-0)
requests termination of Conditional Use Permit No. 2495. Property is
located at 1380 Sanderson Avenue.
TERMINATION RESOLUTION NO. PC2002-177 SR8493EY.DOC
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Page 2
DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
• B. a) RECLASSIFICATION NO. 2002-00089: City of Anaheim, Planning Approved initiation of
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805, reciassification
requests for Planning Commission initiation of a reclassification to
reclassify several properties within the County of Orange for (Vote: 7-0)
annexation into the City of Anaheim. Properties are three County
pockets throughout Anaheim.
ACTION: Commissioner Bristol offered a motion, seconded by Commissioner
Eastman and MOTION CARRIED, that the Anaheim City Planning
Commission does hereby initiate Reclassification No. 2002-00089 to reclassify
several properties within the County of Orange to the appropriate zone
designations in the City of Anaheim in conjunction with the proposed
annexation. SR8504AV.DOC
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12-16-02
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
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C. Receiving and approving the Minutes from the Planning Commission
Meeting of November 18, 2002. (Motion)
ACTION: Commissioner Bristol offered a motion, seconded by Commissioner
Eastman and MOTION CARRIED (Commissioners Boydstun and Koos
abstained), that the Anaheim City Planning Commission does hereby receive
and approve the minutes for the Planning Commission meeting of
November 18, 2002.
Receiving and approving the Minutes from the Planning Commission
Meeting of December 2, 2002. (Motion)
ACTION: Commissioner Bristol offered a motion, seconded by Commissioner
Eastman and MOTION CARRIED, that the Anaheim City Planning
Commission does hereby receive and approve the minutes for the Planning
Commission meeting of December 2, 2002.
Approved
(Vote: 5-0, Commissioners
Boydstun and Koos
abstained)
Approved
(Vote: 7-0)
9 2-16-02
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
• PUBLtC HEARtNG ITEM~
2a. CEQA CATEGORICAL EXEMPTION - CLASS 11
Zb. VARIANCE NO. 2002-04543
OWNER; Bann-Shiang Liza Yu, 1842 Walnut Avenue, Mountain
View, CA 94040-4004
AGENT: Reza Azarpour, PO Box 9800, Anaheim, CA 92812
LOCATION: 1733 South Anaheim Boulevard. Property encompasses
one (1) parcel* totaling approximately 0.92-acre located
580 feet north of the centerline of Katella Avenue.
*Previously advertised as two (2) parcels.
To permit two wall signs identifying the Candlewood Suites hotel to be
located on adjacent building elevations with waiver of the hotel sign
standards matrix.
VARIANCE RESOLUTION NO. PC2002-178
Concurred with staff
Granted
SR8496SK.doc
Chairperson Bostwick introduced item No. 2 as Variance No. 2002-04543, 1733 South Anaheim
~ Boulevard, a request to permit two wall signs identifying the Candlewood Suites Hotel to be located on
adjacent building elevations with waiver of the hotel sign standards matrix.
Applicant's Testimony:
Reza Azarpour, states their previous request to have three signs was rejected. They now request two
signs, one on the north elevation and one on South Anaheim Boulevard.
Linda Johnson, Principal Planner, states staff has reviewed the proposed request and concurs with the
locations of the signs. The previous request included three signs on adjacent elevations, two of which
would be visible from Anaheim Boulevard at the same time. The proposed request has one sign on the
north elevation and one on the east. They would not be visible at the same time on Anaheim Boulevard,
which is consistent with the intent of City sign regulations.
THE PUBLIC HEARING WAS CLOSED.
OPPOSITION: None
ACTION: Commissioner Koos offered a motion, seconded by Commissioner Boydstun and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur
with staff that the proposed project falls within the definition of Categorical Exemptions,
Class 11 (Construction or replacement of minor structures accessory to existing
commercial, industrial or institutional facilities, including, but not limited to, on-premise
signs), as defined in the California Environmental Quality Act (CEQA) Guidelines and
~ is, therefore, categorically exempt from the requirement to prepare additional
environmental documentation.
92-16-02
Page 5
DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
. Granted Variance No. 2002-04543, subject to staff's recommended conditions of
approval included in the staff report dated December 16, 2002, waiving the hotel sign
standards matrix requirements and permitting two hotel identification wall signs to be
located on adjacent building elevations, inasmuch as the submitted evidence does
identify special circumstances with regard to the location and surroundings of the
property which do not apply to other identically-zoned properties in the vicinity, and,
that the strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties within the Hotel Circle Specific Plan Zone as described in
paragraphs (10) through (12) of staff report dated December 16, 2002.
VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 3 minutes (1:39-1:42)
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
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3a. CEQA NEGATIVE DECLARATION
3b. RECLASSIFICATION NO. 2002-00086
OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201
South Anaheim Boulevard, Anaheim, CA 92805
LOCATION: 1025 -1199 East Lincoln Avenue. Property is
approximately 0.66-acre located at the no~thwest corner of
Lincoln Avenue and East Street.
City-initiated (Community Development Department) request for
reclassification from the CO (Commercial, Office and Professional) zone
to the CL (Commercial, Limited) zone to allow for future construction of
office and retail uses.
RECLASSIFICATION RESOLUTION NO.
W ithdrawn
SR2122DS.doc
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
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ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Eastman and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby accept the
Anaheim Redevelopment Agency's request for withdrawal of Reclassification No.
2002-00086.
VOTE: 7-0
DISCUSSION TIME: This item was not discussed.
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
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4a. CEQA CATEGORICAL EXEMPTION - CLASS 3
4b. WAIVER OF CODE REQUIREMENT
4c. CONDITIONAL USE PERMIT NO. 2002-04631
OWNER: The Salvation Army 900 West 9th Street, Los Angeles, CA
90015
AGENT: The Salvation Army, attn: Lee Lescano, 10200 Pioneer
Road, Tustin, CA 92680.
LOCA710N: 314 North Claudina Street. Property is approximately 1.0
acre located on the northeast corner of Cypress Street and
Claudina Street (Salvation Army).
To permit an accessory multi-use sports court in conjunction with an
existing church with waivers of a) required setback for institutional uses
adjacent to a residential zone and b) maximum fence height.*
'Waiver (b) has been deleted.
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CONDITIONAL USE PERMIT RESOLUTION NO.
Continued to
January 27, 2003
SR8494VN.doc
Chairperson Bostwick introduced Item No. 4 as Conditiona! Use Permit No. 2002-04631, 314 North
Claudina Street - Salvation Army, to permit an accessory multi-use sports court in conjunction with an
existing church, with waivers of (a) setback for institutional uses adjacent to a residential zone and (b)
maximum fence height.
He informed speakers availab(e for ttem No. 4 that there was a request for continuance to January 27,
2003. He extended an opportunity for the speakers to come back on January 27, 2003 or to present a
testimony in the current meeting.
The speakers chose to return on January 27, 2003.
Greg McCafferty, Principal Planner, informed there would be no further notice. The Public Hearing would
begin at 1:30 p.m., Monday, January 27, 2003.
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OPPOSITION: 8 letters were received, prior to the meeting, with concerns/opposition pertaining to the
subject request.
ACTION: Commissioner Bristoi offered a motion, seconded by Commissioner Eastman and
MOTION CARRIED, to continue the subject request to the January 27, 2003, Planning
Commission meeting in order for the petitioner to meet with area residents in an attempt
to resolve concerns.
VOTE: 7-0
DISCUSSION TIME: This item was not discussed.
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
• 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
5b. CONDITIONAL USE PERMIT NO. 4182
(TRACKING NO. CUP2002-04637)
OWNER: James F. Lavezzoli, 3523 16th Street, San Francisco, CA
94114
AGENT: Bert Steiner,Texan Truck Body, 1215 North Fee Ana Street,
Anaheim, CA 92807
LOCATION: 1215 North Fee Ana Street. Property is approximately
1.41 acres with a frontage of 329 feet on the west side of
Fee Ana Street located 199 feet north of the centerline of
La Palma Avenue (Texan Truck Body).
Reinstate permit by the modification or deletion of a condition of approval
pertaining to a time limitation (approved on March 27, 2000 to expire
March 27, 2002) to retain a truck conversion facility and truck storage
yard.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-179
Approved
Approved reinstatement
for 8 years (to expire on
December 31, 2010)
SR8497EY.doc
Chairperson Bostwick introduced Item No. 5 as Conditional Use Permit No. 4182, 1215 North Fee Ana
• Street - Texan Truck Body, a request for reinstatement of the permit by the modification or deletion of a
condition of approval pertaining to a time limitation (approved on March 27, 2000 to expire March 27,
2002 to retain a truck conversion facility and truck storage yard.
Applicant's Testimony:
Bert Steiner, 1215 North Fee Ana Street, Anaheim, CA, requests a deletion of the time limitation.
THE PUBLIC HEARING WAS CLOSED.
Chairperson Bostwick referred to staff and asked why 5 years were recommended.
Greg McCafferty, Principal Planner, states staff initially had trouble with the operation on the site but the
applicant has done a fantastic job of cleaning the site up and putting landscaping in. Therefore, staff
would not have a problem removing the time limitation.
Commissioner Boydstun asked how long the lease was.
Mr. Steiner responded 8 years.
OPPOSITION: None
ACTION: Commissioner Bristol offered a motion, seconded by Commissioner Boydstun and
MOTION CARRIED, 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.
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
• determine that the previously-approved Negative Declaration is adequate to serve as
the required environmental documentation for subject request.
Approved reinstatement of Conditional Use Permit No. 4182 (Tracking No. CUP2002-
04637) to retain a truck conversion and storage facility for a period of eight (8) years to
expire on December 31, 2010.
Amended Resolution No. PC2000-35 in its entirety and replaced it with a new resolution
which includes the following conditions of approval (Condition No. 1 was modified at
today's meeting):
That this permit shall expire on , December 31, 2010.
2. That three (3) foot high address numbers shall be maintained on the roof of the
building in a contrasting color to the roof material. The numbers shall not be
visible to the street or adjacent properties.
3. That trash storage areas shall be provided and maintained in a location
acceptable to the Public Works Department, Streets and Sanitation Division
and in accordance with approved plans on file with said Department.
4. That fencing, landscaping and irrigation shall be maintained in conformance
with the approved plans, including the following:
(a) PVC slats interwoven into the existing chain link fencing, including the
chain link fencing for the outdoor storage area; and
(b) Vines and twenty-four inch (24") box trees on maximum twelve (12) foot
centers to screen the outdoor storage yard.
• 5. That the outdoor storage and the nine (9) tractor/trailer spaces shall be limited
to the designated areas shown on Exhibit No. 1(submitted by the petitioner
and approved by the Planning Commission), and that the storage shall be
restricted to finished products basic to the operation of the truck conversion
facility. The outdoor storage and the nine (9) tractor-trailer spaces shall, at all
times, be completely screened from off-site visibility in accordance with
applicable Zoning Code requirements. There shall be no outdoor storage in
any required parking area.
6. That no outdoor storage of materials shall be visible above the enclosure
fence, as viewed from off-site.
7. 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.
8. That all trash bins shall be stored inside City-approved masonry trash
enclosure areas.
9. That the owner of subject property shall be responsible for the removal of any
on-site graffiti within twenty-four (24) hours of its application, excluding
weekends.
10. That this property shall be permanently maintained in an orderly fashion
through the provision of regular landscaping maintenance and removal of trash
or debris.
• 11. That signage for subject facility shall be limited to that which is shown on the
exhibits submitted by the petitioner and approved by the Planning Commission.
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
• Any additional signs shall be subject to review and approval by the Planning
Commission as a"Reports and Recommendations" item.
12. That a copy of this resolution shall be permanently posted within the employee
work area to serve as a reminder of the conditions of approval contained
herein.
13. That the parking lot serving the premises shall be properly maintained and
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 businesses.
14. That lockable pedestrian and/or vehicular access gates to the storage area
shall be equipped with "knox box" or other similar devices, as required and
approved by the Fire Department for emergency access.
15. That no work on vehicles or parts shall be permitted anywhere outside the
building, including detailing, painting, maintenance, washing, repair, or other
similar vehicle-related work.
16. That subject property shall be maintained in conformance with Engineering
Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway
locations as approved by the City Traffic and Transportation Manager.
17. That roof-mounted equipment shall be screened from view in compliance with
Code Section 18.110.070.030.0309, except that ventilating fans, stacks or
~ other such similar equipment that are visible from the public right-of-way shall
be painted to match the existing building.
18. That the subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitioner and
which plans are on file with the Planning Department marked Exhibit Nos. 1
and 2, and as conditioned herein.
19. That within 60 days from the date of this resolution, condition no. 17 above-
mentioned, shall be complied with.
20. That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code and
any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 2 minutes (1:43-1:45)
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Page 11
DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
~ 6a. CEQA NEGATIVE DECLARATION Approved
6b. WAIVER OF CODE REQUIREMENT Denied
6c. CONDITIONAL USE PERMIT NO. 2002-04633 Granted, in part
OWNER: Jagjit Singh, 116 North Laurie Ann Lane, Anaheim, CA
92807
AGENT: Kiyotaka Kurimoto, 24160 - C Avenida Rancheros,
Diamond Bar, CA 91765
LOCATION: 3901 East La Palma Avenue. Property is approximately
1.2 acres with a frontage of 397 feet on the east side of
Hawk Circle located 53 feet north of the centerline of La
Palma Avenue (Ichiban Batting Cages).
To permit an indoor batting cage business with waiver of minimum
number of parking spaces.*
*The waiver has been deleted.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-180 SR8503AV.doc
Chairperson Bostwick introduced Item No. 6 as Conditional Use Permit No. 2002-04633, 3901 East La
Palma Avenue - Ichiban Batting Cages, a request to permit an indoor batting cage business with waiver
of minimum number of parking spaces.
• Applicant's Testimony:
Kiyotaka Kurimoto, 24160-C Avenida Rancheros, Diamond Bar, CA, requests to open an indoor batting
cage with waiver of minimum number of parking spaces.
Commissioner Bristol asked where he would like to put the wall sign.
Mr. Kurimoto responded he wished to put the wall sign on the east side.
Commissioner Boydstun asked if one on the west side would help also.
Commissioner Bristol asked if he considered the people going in the opposite direction.
Mr. Kurimoto responded currently there is a California PCB Testing Co. sign, and after it is removed he
would make a proposal for another sign.
Commissioner Bristol informed it would cost more to do it that way, and at this point he is allowed another
sign.
Greg McCafferty, Principal Planner, states he is allowed an aggregate of 10% of each building wall
space.
Mr. Kurimoto states he wishes to request the additional sign.
Chairperson Bostwick informed he would not need to present another proposal but would need to make a
sign plan of actual size, lettering, location, etc., to be brought back to staff so that they could review it to
• make sure it meets the code.
Commissioner Vanderbilt asked if clients had to have an appointment to come into his business.
12-16-02
Page 12
DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
~ Mr. Kurimoto responded yes, because professional coaches would be there to teach local baseball
teams, such as little league or high school teams.
THE PUBLIC HEARING WAS CLOSED.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Approved CEQA Negative Declaration
Denied waiver pertaining to minimum number of parking spaces since it has been
deleted.
Granted, in part, Conditional Use Permit No. 2002-04633 (to permit an indoor batting
cage business) subject to the conditions of approval as stated in the staff report dated
December 16, 2002, with the following modifications:
Modified Condition No. 7 to read as follows:
7. That signage for subject facility shall be limited to t~ia~ two (2) wall signs, inclusive
of the wall sign shown on the exhibits submitted by the petitioner. Any additional
signage shall be subject to approval by the
Zoning Division staff.
• VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 7 minutes (1:46-1:53)
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Page 13
DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
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7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI
7b. CONDITIONAL USE PERMIT NO. 4069
(TRACKING NO. CUP2002-04634)
OWNER: Khoda Ostowari, K. Ostowari Construction 878 North Main
Street, Orange, CA 92868
LOCATION: 805 South Harbor Boulevard. Property is approximately
0.8-acre located at the southwest corner of South Street
and Harbor Boulevard.
Reinstate permit by the modification or deletion of a condition of approval
pertaining to a time limitation (approved on June 20, 2000 to expire
September 13, 2003) to retain the sales of beer and wine for off-premises
consumption and amend previously-approved exhibits and conditions of
approval pertaining to signage (to permit and retain three (3) unpermitted
informational signs, one (1) existing directional sign, one (1) car wash
menu sign and construct three (3) wall signs and modify conditions of
approval pertaining to hours of operation for the convenience market and
the sales of beer and wine for a previously-approved service station with
an accessory convenience market with sales of beer and wine for off-
premises consumption and self-serve car wash.
•
CONDITIONAL USE PERMIT RESOLUTION NO.
Continued to
January 13, 2003
SR8500AV.doc
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Koos and
MOTION CARRIED, to continue the subject request to the January 13, 2003, Planning
Commission meeting as requested by the petitioner in order to consider signage
modifications.
VOTE: 7-0
DISCUSSION TIME: This item was not discussed.
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Page 14
DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
~ 8a. CEQA CATEGORICAL EXEMPTION - CLASS 1
8b. CONDITIONAL USE PERMIT NO. 3763
(TRACKING NO. CUP2002-04638)
OWNER: Bipin D. Gala, 24525 Paseo De Toronto, Yorba Linda, CA
92887
LOCATION: 1330-1332 South Maanolia Avenue. Property is
approximately 1.48 acres located at the northeast corner of
Winston Road and Magnolia Avenue.
To amend a condition of approval pertaining to the hours of operation for
an existing convenience market with sales of alcoholic beverages for off
premises consumption.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2002-181
Concurred with staff
Approved amendment
to the conditions of
approval
SR8501 JR.doc
Chairperson Bostwick introduced Item No. 8 as Conditional Use Permit No. 3763, 1250-1332 South
Magnolia Avenue, a request to amend a condition of approval pertaining to the hours of operation for an
existing convenience market with sales of alcoholic beverages for off-premises consumption.
Applicant's Testimony:
Paresh T. Rambhia, 2666 E. Nutwood Avenue, Fullerton, CA, owner of Big Bob's Market, states they
• requested the business hours because of the residence nearby. Page 6, Condition No. 2(I) states, "That
beer shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be
sold in packages containing less than a four (4) pack". They presently run Arco AM/PM in Orange, CA,
and it is a family business. They have been at the site for approximately 10 years. They have run a
clean business and have the City of Orange certificates to prove it. They request to sell single packs to
accommodate people who cannot afford to buy six-packs or larger packages.
Bipin D. Gala, 24525 Paseo De Toronto, Yorba Linda, CA, the property owner of 1217-1336 South
Magnolia Avenue, states they agree with all staff's recommendations, except not being able to sel4 single
cans of beer and wine. Times are hard and in the proposed area it is very hard to sell six and twelve-
packs of beer. People do not come to small stores to purchase big packages and would prefer to go to a
supermarket.
They have been in business for approximately 25 years and have a clean record with the Police
Department and City. He feels the Police are concerned that when people buy single-cans they would
loiter in the area. However, they own their property and business and would like to keep everything in the
neighborhood clean. He requests a one-year probation to see if they could comply with the City
ordinances and regulations.
Chairperson Bostwick asked if there were any outside pay phones on the property.
Mr. Gala responded yes, and they have agreed to remove all pay phones on the site.
Public Testimony:
Esther Wallace, 604 Scott Lane, Anaheim, CA, representing West Anaheim Neighborhood Development
(WAND) states the proposal is only on the agenda for changing the hours of operation but when she went
~ by the new store she noticed an application for a 21-General Alcoholic License. She assumes the
applicant already has an alcoholic license and cannot understand why they are applying for another. She
would like to know what would happen to the existing one.
12-16-02
Page 15
DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
~ Greg Hastings, Zoning Division Manager, states the application is to change the hours for an existing
operation. Commission would not be considering anything else.
Chairperson Bostwick states a general license would give the ability to sell all types of alcohol.
Greg McCafferty, Principal Planner, states the applicant already had a land use permit to sell alcohol but
never exercised it. The permit runs with the land, and the applicant followed up with ABC (Alcoholic
Beverage Control) to get the actual license to sell full alcohol.
Ms. Wallace states it would be a license for that particular store, but she would like to know what would
happen to the current license.
Mr. McCafferty states depending on whether it is an area of high-crime and/or over-concentration there
may be a need for Public Convenience or Necessity (PCN). If it were to go to another location it would
also need a Conditional Use Permit. He feels there is not an over-concentration of licenses in the
subject census tract.
Commissioner Boydstun asked if the packaging were to change, would the Police look at it differently
since it is their rule.
Commissioner Koos states Commission has not approved any singles in the City and feels it is now a
policy.
Mr. Hastings states he has spoken to the Police Department on two other applications where there is a
condition imposed identical to the subject one. The Police Department states they would not retract their
recommendation for requiring the rule, because it is very important in their fight against crime in the City
• of Anaheim.
• ~ ~ ~ - • ~ • • ~ •
OPPOSITION: 1 person representing West Anaheim Neighborhood Development Council (WAND)
spoke with questions regarding an alcoholic beverage license which was not part of the
subject request.
ACTION: Commissioner Koos offered a motion, seconded by Commissioner Bristol and MOTION
CARRIED, 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 the amendment to conditions of approval of Conditional Use Permit No. 3763
(Tracking No. CUP2002-04638) pertaining to hours of operation for a previously-
approved convenience market with sales of beer and wine for off-premises consumption.
Incorporated conditions of approval contained in Resolution No. PC95-53 into a new
resolution which includes the following conditions of approval:
That the subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitioner and
which plans are on file with the Planning Department marked Exhibit Nos. 1
and 2 as conditioned herein.
~ 2. That subject convenience market shall continuously adhere to the following
- conditions, as required by the Police Department:
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
~ (a) That sales of alcoholic beverages shall be permitted only between the
hours of 7 a.m. and 10 p.m.
(b) That the sales of alcoholic beverages shall not exceed thirty five percent
(35%) of the gross sales of all retail sales during any three (3) month
period. The applicant shall maintain records on a quarterly basis
showing the separate amounts of sales of alcoholic beverages and other
items. These records shall be subject to audit, and made available,
when requested by any City of Anaheim official during reasonable
business hours.
(c) 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 (interior or exterior).
(d) That no alcoholic beverages shall be consumed on the premises.
(e) 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 window areas of adjacent
properties.
(f) That the applicant shall be responsible for maintaining the premises free
of litter at all times.
• (g) That no video, electronic, coin-operated games, pool tables or other
amusement devices or games shall be permitted anywhere on the
premises of this establishment.
(h) That no display of alcoholic beverages shall be located outside the
building or within five (5) feet of any public entrance to the building.
(i) That the areas of alcoholic beverage displays shall not exceed twenty
five percent (25%) of the total display area in the establishment.
Q) That the sales of alcoholic beverages shall be made to customers only
when the customer is inside the building.
(k) That no person under twenty-one (21) years of age shall buy or be
permitted to sell any alcoholic beverages.
(I) That beer shall not be sold in packages containing less than a six (6)
pack, and that wine coolers shall not be sold in packages containing less
than a four (4) pack.
(m) That any public telephones on-site and under control of the petitioner
shall be located inside the convenience market.
3. That all trash generated from this market shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate
and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling
~ and timely removal of refuse from the property. The Code Enforcement Division of the
Planning Department shall determine the need for additional bins or additional pick-up.
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
~ All costs for increasing the number of bins or frequency of pick-up shall be paid for by
the business owner.
4. That no storage, display or sales of any merchandise or fixtures shall be permitted
outside the building.
5. That no seating or table areas shall be provided for on-site food consumption.
6. That no food which is cooked, heated, reheated, assembled or altered on the site (as
defined in Section 18.01.040 "Convenience Market, Take-Out, Food Service") shall be
permitted without the provision of Code-required parking or the separate request and
approval of a variance for minimum number of parking spaces.
7. That no required parking area shall be fenced or otherwise enclosed for outdoor
storage use.
8. 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.
9. That there shall be no food service at this location.
10. That the hours of operation shall be limited from 7 a.m. to 10 p.m., daily.
11. That the legal property owner shall submit a letter requesting termination of Conditional
Use Permit Nos. 490 (to subdivide an approved planned residential development with
waivers of (a) lot area and dimensions, (b) and yard requirement) and 432 (to establish
~ a 1 and 2-story multi-family planned residential development with waiver of height
limitations) to the Zoning Division.
12. That within sixty (60) days from the date of this resolution, Condition No. 11, above-
mentioned, shall be complied with.
13. That approval of this application constitutes approval of the proposed request only to
the extent that it complies with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 12 minutes (1:54-2:06)
~~
~J
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DECEMBER 16, 2002
PLANNING COMMISSION MINUTES
~
THE PLANNING COMMISSION MEETING OF
DECEMBER 30, 2002, HAS BEEN CANCELLED
DUE TO LACK OF QUORUM
MEETING ADJOURNED AT 2:07 P.M.
TO MONDAY, JANUARY 13, 2003 AT 11:00 A.M.
FOR PRELIMINARY PLAN REVIEW.
~
~
Res ctfully submitted:
~
Pat Chandler,
Senior Secretary
Received and approved by the Planning Commission on , 2002.
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