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Minutes-PC 2004/03/22• • • CITY OF ANAHEIM PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES M O N DAY, MARC H 22, 2004 (CUP NO. 3420 and PCN NO. 2004-00014, Item No. 2) Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California ~~, ~~ m. _ ~~ ~~ }~ ~ µW ~~ ~ ~ ~ " #m" ~~ n° ~ ~ ~,'~ ~,~ -G~ ~~~ ~' ~~ ~~---- ~.,~~.~ "'~~,~ ~{ ~~~~,GHI~I~~~~"~~ '~ ~1~~~~f~l~~~R~l~~-LINARES COMMISSIONERS PRES'~IVT ~ rv~?~E~~ BC)' I~~E~L~~~F.~FA~~GAIL~EASTMAN, ~ , ~ ~ ~ ,, ~~ ~ $, ~~ ILT~~~'FLORES, JER~~O ~~ ~~~L~~x~. COMMISSIONERS A~'S~11 :~" ~ ~1/~ D ROMERO ~~~ ~"~`~,~~ `° ~~ ~ ~ ~~ '~ ~ ~ ~T ~ , ° ~ ~~t> ~~ t~k ~ ~ a ~ ~ ~~~ ~ . ~ ~~~ ~ ~c, ` ~ ~,. ~~ ~ ~ i ~t ~ ~~~ ~"~~~ ~.~° ~ j `" s ~ . ~~ ~, ~ ~. ~ ~ ~ , STAFF PRESENT , ~ ~ ' ~ ~'~ ~ ~ ~ "~"` ~ ~ ~ ~~ ~- ~4 ~ ~ ~~ ~'°~~ ~ ~~' ~~ ~ ~~ Selma Mann, Assi ta~~i~t~r At rn~~ '~'~~~ ~~. I r Ya~ ,~ i a~p I~~an ~ortation Planner Greg Hastings, Zo i~ig Di~i~i~ '~~ ~~~r ~~" ~ Jam s~i~ ~, A~o~i~ ~- Civil~~ngineer Greg McCafferty, r cipa~{ ~~a~~n~~~js~, ~;t a t G~ a n~ l e ~~~Se io~r~~ e c r~ t~ ry ~.~ '€ ~ fir"~ a~~ ~~ ~ 7 .rt:d .a"~ ~ ~'~ '~ ~`b~~.~ i g ~ Miche le Irwin, Sr. P Ir~ce S~r~~c~u~ep r~~~e~ ~ ti~`e-~,~ ~-~' C~,~~~i~~ t t~~ l~s~~e t~ 1~ dr d Pr dcessing Opera tor .~ ~ ~ ~ ~, ~~~,.. .. . ~~.~ y~`~ ~ .~ ~ ° ~ ~ ~ ~~~ ~ ~. ~ ~,~ ~ `~~ ~~~ ~ .~~ ~ ~ '~' ~~ ~ ~ ~:;~ ~ ~ ~~~ tA ~.= _ ~ ; ~~ 4 4~~ ~ ~ ~ ~~~~',. ~~ ~'~ ~~~' ~ ~ y~~` "'`-~ ~`~ ~~~~ ~ ~m~~`" "~ `~ ~ .,. ~~ ~ "~ C~~~ ~ ,v gr ~~k„„ ry ~ ~ ~~~~ ~_ -, ~ ~ ~ ~ ~. ,~"''`~ _ _ ~„ .., w. ~„ ~ g ~, ~ . ,.~.~ ~,~~. ~ ~~n~~ -~ ,a.~-„ ._.... ~- ~ ~~ - s.~.~~;~=~- . . H:\DOCS\CLERICAL\MINUTES\SUPPLEMENTALMINUTES032204.DOC lannin commission anaheim.net MARCH 22, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • PUBLIC HEAR NG ITEMS: 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 2b. CONDITIONAL USE PERMIT NO. 3420 (TRACKING NO. CUP2004-04829) 2c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSI7Y NO. 2004-00014 OWNER: Dong S. Park, 1523 West Katella Avenue, Anaheim, CA 92802 AGENT: Isabel Garcia, La Estrella Restaurant/Market, 718 South Philadelphia Street, Anaheim, CA 92805 LOCATION: 1523 West Katella Avenue. Property is approximately 0.56 acres, located at the northeast corner of Katella Avenue and Bayless Street (La Estrella Market). Conditional Use Permit No. 3420 (Tracking No. CUP2004-04829) - Request to amend or delete conditions of approval for an existing convenience market and take-out restaurant to permit retail sales of beer and wine for both on and off-premises consumption. Determination Of Public Convenience Or Necessity No. 2004-00014 - Request to permit retail sales of beer and wine for off-premises • consumption within an existing convenience market. CONDITlONAL USE PERMIT RESOLUTION NO. PC2004-29 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC2004-30 Chairperson Vanderbilt-Linares opened the public hearing. Approved Denied Denied sr5085jr.doc Greg McCafferty, Principal Planner, introduced Item No. 2, and he stated a letter was received from the Anaheim City School District in opposition to the subject request. He stated staff recommends approval based on the facts of the crime reporting district and the evidence in the staff report, He explained when a new retail license is being established within at least 600 feet of a school, the Alcoholic Beverage Control (ABC) has the ability to deny the license. Following action taken today by the Planning Commission, it will then go through an independent review by ABC and they would take the letter from the Anaheim City School District into consideration. He indicated a petition was received, following the morning session, and the petition was then submitted to the Commission. ApplicanYs Statement: Raymond Cordova, 12142 Onyx Circle, Garden Grove, stated he is the applicant's representative. The applicant agrees with the conditions imposed, with the exception of Condition No. 9 because it would be a hardship for the applicant. Therefore, request for it to be fimited to 16 seats for a period of one (1) year. He referred to the police report and stated the calls reported for the period of February 2003 to ~ February 24, 2004 were not related to their business, but believes those calls were related to the Tattoo Parlor at the end of the complex. 03-22-04 Page 2 MARCH 22, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • Public Testimony: Don Garcia, 410 W. Vermont Street, Anaheim, stated he is president of the Anaheim City School District 8oard, he has been a member of the elected board for the past three years; and is a practicing family physician in central Anaheim. He stated he is adamantly in opposition to the subject request, as he believes it is endangering the safety of the children. The children in the Anaheim City School District are at very high risk with regard to their family and social environment where they come from. He stated the Commission had a study session within the past 2 years by Alcoholic Beverage Control (ABC) with regard to applications for conditional use permits for alcohol, and he is hoping the study session gave Commission some insight to the necessity that the subject request be denied. He explained prior incidents where he was involved with other conditional use permits in proximity of Benjamin Franklin Elementary School and Lincoln Elementary School and he protested with ABC and learned it must be addressed at the Planning Commission level, therefore they were unsuccessful and the businesses were issued licenses and allowed to sell beer and wine. He stated following the study session, he feels the City has been very understanding because there have been some permits for beer and wine licenses that were denied. He expressed his concerns as many elementary schools in the City of Anaheim are in close proximity to businesses that have beer and wine licenses and stated he doesn't believe that appropriately represents what we want for our public education students. He referred to the Police Reporting District Map attached to today's staff report and stated there is clearly a crime safety issue that needs to be taken into consideration. He noted the subject conditional use permit has come before the Planning Commission twice before, 1) in 1992/93 the Commission and the Council denied the subsequent request to amend conditions to allow • retail sales of alcoholic beverages, and 2) on December 18, 2000, it was denied by the Commission on the basis of public testimony and opposition to the request and due to over-concentration of licenses in the area. He informed he is not representing the school district because he cannot do that as an individual outside of their meetings, but is speaking as an individual of the community and as a professional physician. He asked that the Commission review the request and give it serious consideration in hopes of denying the subject request since it is near a school facility. Tom Rizzuti, 1001 S. East Street, Anaheim, stated he is the facilities planner for the Anaheim City School District. He referred to the letter submitted by the school district and stated they oppose the subject request. He expressed his concerns and stated their opposition is based on two main perspectives: 1) over-concentration of licenses in the census tract for the subject neighborhood, and 2) the facility being in close proximity to Stoddard School and Stoddard Park. The concern is that Stoddard Park could become a convenient nearby place to gather and potentially consume alcohol, and he asked Commission for their denial of the request. Applicant's Rebuttal: Mr. Cordova stated he doesn't believe having children in the deli would have an adverse affect on the children. There have been no reasons to believe that if a beer and wine license is granted the neighborhood's property values would go down, and that children would be affected by walking in front of the facility. He stated he has a petition and would submit to staff after the presentation. He asked Commission to take all testimony into consideration and grant the request for a one (1) year period, per staff's recommendation as stated in today's staff report. The one year permit would be a trial period, if the applicant is not a good neighbor then the Commission would certainly know about it, and the application wouldn't be renewed. • Chairperson Vanderbilt-Linares stated he received an additional speaker card, and asked for Mr. Eger to come forward to speak. 03-22-04 Page 3 MARCH 22, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • Public Testimony: Robert Eger, 1423 Holgate Drive, Anaheim, stated he has lived by the subject facility for 42 years, and he feels currently there are more than enough places that sell liquor in the surrounding neighborhood. There are a lot of children going to Stoddard Elementary School and Loara High School, and he feels they just don't need to make it any easier for people to get into trouble. He stated a list with 89 names from the neighborhood was submitted to staff, and asked how residents receive notification of public hearing items. Mr. McCafferty responded notification is sent to properties within 300 feet of the subject property. Mr. Eger stated he didn't receive a notification, and is also aware of a neighbor who didn't receive a notification; another person in the neighborhood had informed him. He enjoys his neighborhood and would like to keep it the way it is and not create any type of problems. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa stated there is a sentence written in Spanish on the applicant's petition, which she would request to have it translated. Commissioner Flores responded it states, "I am in accordance with the market receiving permission, Conditional Use Permit No. 3420", she stated they are indicating agreement. Commissioner O'Connell referred to the elementary schools in close proximity to facilities that have a beer and wine liquor license and asked Mr. Garcia if he is aware of any incidents that have caused problems. • Mr. Garcia responded personally he is not aware of any, but stated you may need to check with ABC and the police department for such reports filed. Chairperson Vanderbilt-Linares asked Mr. Rizzuti if he is aware of the enrollment size at Stoddard Elementary School. Mr. Rizzuti asked Suzy Brown to address the question. Suzy Brown, Director of Communications for the Anaheim City School District, stated she doesn't have the exact enrollment size at Stoddard Elementary School, but informed Commission it is one of their more crowded schools, and is on "staggered" sessions due to the overcrowding. Their 1 St and 2"d graders share a classroom with two (2) teachers and forty (40) students for a portion of the day. They are trying desperately to get schools off of "staggered" session, but Stoddard is not one of those schools that they foresee going off of "staggered" session, anytime soon. Chairperson Vanderbilt-Linares asked if the students are mostly bused. Suzy Brown responded no, it is a neighborhood school. Commissioner Flores stated she was at the subject facility yesterday, and feels it is very well maintained, and further continued to speak in support of the facility. She asked Mr. Cordova what type and how much beer and wine are they planning on purchasing. Mr. Cordova responded the amount of liquor sold couldn't exceed a certain percentage; and due to the size of the facility, there wouldn't be a large amount of liquor sold. • Commissioner Buffa referred to the attendance boundary of Stoddard Elementary School, and asked Mr. Rizzuti if it crosses Katella Avenue, including the neighborhood north of Katella Avenue. 03-22-04 Page 4 MARCH 22, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • Mr. Rizzuti responded yes, it does cross Katella Avenue. Commissioner Flores asked Mr. Cordova for clarification regarding the amount of seating. Mr. Cordova responded the applicant is willing to go to 10 seats in order to receive approval of the request, but would respectfully request 16 seats be granted. He stated that the Anaheim School Board never did take a formal position on the subject matter, and it never become a vote before the school board, he feels that statement needs to be clarified. Commissioner Eastman referred to the applicanYs request of 16 seats, and stated they wouldn't meet the parking requirements. Mr. McCafferty concurred, and stated they are limited to ten (10) or less seats; anything more would then require a parking variance. Michele Irwin, Senior Police Services Representative, expressed concerns of alcohol at the subject location and stated they do oppose the license based on the over-concentration of on and off sale, there is an over-concentration in both areas. She confirmed there have been three burglaries at the subject location and the rest of the calls for service do mostly pertain to the Tattoo Piercing Parlor. She pointed out that the subject location; "strip mall" needs to be maintained, and approval of the request would impact Stoddard Park and the surrounding neighborhood. Therefore, staff feels it would be detrimental to the health and safety of the neighborhood. Commissioner O'Connell asked Michele Irwin for additional detail regarding the three burglaries. Michele Irwin responded they were "small" petty thefts. • Commissioner O'Connell asked if the store called for service because someone stole something. Michele Irwin responded yes. Commissioner Eastman stated she also visited the site, Saturday night, and feels the family is trying hard to "make a go" of the business. She is concerned because of the opposition received today and she doesn't feel she could find for convenience or necessity. Commissioner O'Connell stated he visited the site this morning and explained because the market/restaurant is limited to ten (10) seats he doesn't feel alcohol would be a major concern. As far as having beer in a restaurant there are a large percentage of restaurants which have beer and wine sales for their customers. He is very sensitive to the residents and the points stated by Commissioner Eastman but feels if the request is approved, it may help the business to remain at the location for a longer period of time and be successful, he supports the request. Commissioner Buffa stated she is concerned about the over-concentration of alcoholic beverage licenses in the area, and she is not supportive of off-premises sale because once the alcoholic beverages leave the store it is too close to a school and a park. There were legitimate concerns expressed today about inappropriate consumption of alcoholic beverages on those streets and in the public park. She would support on-premises consumption. Also, she would not support increasing the number of seats due to insufficient parking. Commissioner Bostwick concurred with Commissioner Buffa, and stated he agrees with on-premises consumption but not off-premises. He referred to a comment made by Mr. Garcia regarding proximity of liquor stores/markets to schools, and he clarified some of the liquor stores/markets were built prior to some of the schools being built, in the 1960s. C~ 03-22-04 Page 5 MARCH 22, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • • • ~ ~- • • ~ • • ~ • OPPOSITION: 3 people spoke in opposition and a petition was submitted with 71 signatures in opposition to the subject request. IN GENERAL: A person spoke in response to questions from the Commissioners. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved CEQA Negative Declaration is adequate to serve as the required environmental documentation for subject request. Denied the modification to Conditional Use Permit No. 3420 (Tracking No. CUP2004- 04829) to amend or delete conditions of approval for an existing convenience market and take-out restaurant to permit retail sales of beer and wine for both on and off- premises consumption based on the following: (i) That the proposed use and modifications, subject to the conditions recommended herein, wou(d adversely affect the adjoining land uses and the growth and development of the area in which they are proposed to be located, as the property is located in close proximity to an established residential neighborhood to the north and an elementary school (Stoddard Elementary) to • the south across Katella Avenue. Denied the request for determination of Public Convenience or Necessity No. 2004- 00014 (to permit retail sales of beer and wine for off-premises consumption within an existing convenience market) based on the following: (i) That there are currently similar establishments in the immediate vicinity that provide convenience for customers to purchase beer and wine. Additionally, the business is located within an area of below average crime rate (30% below City average), and the property had 14 calls for Police service during the reporting period, with three (3) reports taken over a period of one (1) year. Further, this request for the sale of beer and wine would determine that sales could increase the crime rate for the reporting district and/or increase calls for service at this location; and that the proximity of Stoddard Elementary School and the School District's opposition to the request outweigh any convenience resulting from granting the request. VOTE: 4-2 (Commissioners Flores and O'Connell voting no and Commissioner Romero absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 13, 2004. DISCUSSION TIME: 44 minutes (1:51-2:35) ~ 03-22-04 Page 6 MARCH 22, 2004 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • MEETING ADJOURNED AT 4:30 P.M. TO MONDAY, APRIL 5, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respecffully submitted: ~~~~ %Z~~ ~ Eily Morris Senior Secretary ~ Received and approved by the Planning Commission on ~~ 12i 1 /~ , 2004. 03-22-04 Page 7