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Minutes-PC 1995/01/09I •~~ ACTION /-GENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, JANUARY 9, 1995 11:00 A.M. -COMMUNITY DEVELOPMENT DEPARTMENT PRESENTATION OF I:ITIZEN PARTICIPATION PLAN - PRELIMINARY PLAN REVIEW IMMEDIATELY FOLLOWING PRESENITATION 1:30 P•M. -PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS ABSE~eT: NONE STAFF PRESENT: G`Teg Hastings ~:oning Division Manager Selma Mann Deputy City Attorney Jonathan Borrego senior Planner Melanie Adams Associate Civil Engineer Greg McCafferty Associate Planner Bruce Freeman Code Enforcement Supervisor Alfred Yalda Principal Transportation Planner Edith Harris Planning Commission Support Supervisor Margarita Solorio Sr. Word Processing Operator PROCEDURE TO EXPEDITE PUWNING COMMISSION PU9LIC HEARINGS ~`'~ 1. The proponents in applicatona which are not contested wail have flue minutes to present their evidence. Additional time will be granted upon request Ef, in the opinion of the Commission, such additional time will produce evidence important to ;he Commission's consideration. 2. In contested applications, the proponents and opponent will each be given ten minutes to present their case unless additional time is requested and the complexity of the matter warrants. The Commission's considerations are not determined by the length of time a participant speaks, but rather by what is said. 3, Stafl Reports are part of the evidence deemed received by the Commission in each hearing. Copies are available to the public prior to the meeting. 4. The Commissio„ will withhold questions until the public hearing is closed. 5. The Commission reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned will be served. g, All documents presented to the Planning Commission for review in connection with any hearing, including photographs or other acceptable visual representations or non-documentary evidence, shall be retained by the Commission for tha public record and shall be available for public Inspections. 7. At the end of the scheduled hearings, members of the public will be allowed to speak on items of interest which are within the Jurisdiction of the Planning Commission, and/or agenda items. Each speaker will be allotted a maximum of five (5) minutes to speak. ac010995.WP January 9, 1995 Page 1 ~_ 1 a. ^O(Zo NEGAYIVE DECLARATl4Sl. 1 b. WAIVER OF CODE REQUIREMENT Readvertised) 1c. CONDITIONAL USE pFRMIT N0.371~, OWNER: EI©ston, P.O. Box 7812, UniRversall City, CA 9tt608-78g2 AGENT: FRED FIEDLER & ASSOCIATES, Attn: Patrick Fiedler, 2322 W. 3rd St., Los Angeles, CA 90057 LOCATION: ~R50 E La Palma ~ ~'~""e ITexaca Service Stationl. Property is approximately 1.0 acre located at the southwest comer of La Palma Avenue and Imperial Highway. To permit an automotee service station with an accessory automated car wash, a convenience market, a drNe-through restaurant (no seating proposed), and beer and wine sales for off-premise consumption with waivers of minimum landscape requlrements, permitted wall signs, permitted location of freestanding signs, minimum distance between freestanding signs, minimum number of parking spaces, minimum drive-through lane requirements, required setback from an arterial highway, and requlred improvement of setback areas. .~ Continued from the August 22, September 19, October 31, November 14, 30, and December 12, 1994 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. Continued to February 6, 1995 ----------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: order t sallow the service station owner to attend the public hears 9 Sion meeting in VOTE: 7.0 January 9, 1995 Page 2 CEOA NEGATIVE DECLA~ Approved 2a. Approved 2b. WAI~'~R OF CODE REQUIREMENT' Grar>ted `_ ~ 2c, ^ONDITIONAL USE PERMIT N0.3730 OWNER: DONG HEE KANG & BU SUN KANG, 559 S. Olive St., Anaheim, CA 92805 AGENT: ~703YMichae~l J. Wagne~2g11nYucgCAve~FulClerton, CA 92635 LOCATION: ,213 East Water Street. Property consists of two parcels of larxf Parcel 1 is approximately 0.23 acre located at the northwest comer of Water Street and O1'Ne Street and further described as 559 South Olive Street; and Parcel 2 is approxi rox~matei2175 f et west of the skJe of Water Street app y centerilnd of Olive Street. To permft a convenience/Ilquo~ store wfth acoin-operated laundry facility and with waivers of minimum setback abutting a collector street and required sfte screening adjacent to a residential zone boundary. Continued from the November 30, 1994 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-1 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: OPPOSITION: 7 Mike Wagner, 2111 Yucca Avenue, Fullerton, agent, explained they have disconnected the public telephones that were on the site, which unfortunately led to a 2096 drop in their business, and they think they have come up wfth an acceptable condftion to all parties regarding an on-site telephone. They have fenced the property; they do not have check-cashing services; they have trimmed the bushes around the building, and have hired addftlonal peak hour security on the sfte. He believed they have demonstrated they can manage the property. They have reviewed the condftions and Mr. Hee Kang will be discussing the impact they will have on the broblem wfth closinigghe/aund omat prdior~t hclosing the markletmand the ehsuno problemtprovid'ng a P separate attendant for the Laundromat. They do have a problem linking the two businesses because in the future they would be unable to sell tha Laundromat business to another party, and if the market were to close, they would have to close the January 9, 1995 Page 3 laundromat,. He added they would like some modification of that language so that the hours of operation remain the same but that ft would not require that they provide individual surveillance of the site and the two businesses are not dependent on each other. ~_.; Another concern is the Poice Department Condition Nos. 13 and 14 regarding the sale of 6 packs of beer. This represents about 596 of the business and they have been finding that loitering actually happens when they sell a 12 pack of beer and they have not had any major problems when people buy single cans. Mr. Hee Kang, owner, stated he has compiled with some of the Commission's requests. They have sienthas been posted indicating No Drinking oft Alcoholic Beverages' and a photographawas submitted 9 showing that sign. He stated remov(ng the telephones has Impacted their business because a lot of individuals from the neighborhood would come there to use the phone and about 1101ndividuals signed a petition asking an agreeement to install the telephone iinskle the preml~s s~ The petitions were sDubmitted.nt and came to Concerning the Police Department memorandum and the issue of the sale of 6 packs of beer, he stated because of the recession, a lot of people are out of work and they come to the market to make small those are nottheoon sawho drink outside. tThe Indivkluais who drink outside thelpgemises usuallyr and purchase 12 packs of beer. He explained they have hired an extra man to stand outside on Fridays and on busy days when people loiter and those individuals who loiter have left the site and the habit of staying in the neighborhood and drinking has been eliminated. w Richard Ackerman, Attorney, 2600 E. Nutwood, Suite 640, Fullerton, stated he thought there was substantial agreement between the applicant and staff regarding this matter. The applicant has owned upgrade the fcorne~and enhance the property and, hopefulbly, permanenitly eliminatensome of the problems discussed. He referred to the condition tying the laundromat and market together and thought that substantially inhibits the freedom of the applicant to do business in the future. Current conditions could change in the future. The laundromat may not be successful and they might want to put something else in there. He thought reyuiring the applicant to come back to the Commission whenever he wants to make a change or even ff he wants to sell the business, is an additional regulation. The more regulations placed on a business, the harder it is for them to make a profit, and the more difficult it is to do business in California. He stated the applicant has indicated he could Iiv o~ jn allttoh~kndftP nos~Froposed, except the two mentioned, and he felt he should be given an opp Ity Phillip Urive, 200 E. Ellsworth, stated ~e has Ifved there for five years and he has not seen any problems with people drinking or people fighting. He stated he walks with his children to school. He stated this haveemihk land told hgmtorpay fornft later. sHe added he property lsrivery clean and they have plot inl a January 9, 1995 Page 4 tence and they have deaned up the trash and cut the bushes. Connie Mendoza, 308 E. Ellsworth, dUectly across the alley ftom the empty lot, stated all the people I'nring on the alley are very pleased thatier frloi~a oming ftom thefmarke~loitbe ng andldrinkingtbehind tes access to their alley and prevents poop theft property. Ms. Mendoza stated she has Haver seen a security guard at this market They ct+ - Hue to sail individual cans of beer and they do make an effort to chase the people away who are drinking in front of the market; however, those men just cross the street and continue to loiter and drink Just 20 feet away on the comer of Olive and Water. She related that she saw 5 men drinking and they had entered on the north (the John Slaclc facility). In addition, men sit in their cars outside the market and drink by the hour and the store owner (s aware of that sftuation. The owner seems to be unable to control the men urinating in foont of the market. They have seen that enedrafter the Den:ember meeting which proves the serious violation of sanitary condtions, and that happ owners are not able to create orderly conditions. She felt a larger store with the addition of a laundromat would not improve the situation and would mean further deterioration of the existing conditions. Rodolfo Escalante, 710 S. Philadelphia, has lived there for almost 40 years and he has a lot of concerns about building a liquor store and laundromat in this area so close to their home. He pointed out there is already a laundromat on the comer of Water and Anaheim Boulevard and amin'.-market where they sell liquor on South Street and Anaheim Boulevard. This neighborhood has been established for many years and they like it the way ft is; that it has problems but is peacefcl. The applicant says they are going to have a security guard and chat tells him that they are going to have problems. He stated they do not need any more liquor stores and he did not think it would be allowed in other areas of the city. He stated they have a school in the area and there are a lot of children who walk to that school from that neighborhood. He recalled in the past when there was abar/restaurant next to the market, there were a lot of problems and some of the children were almost run over. He felt ff this project is approved, it will create more traffic and there will be drug dealing, even with the telephones removed and people will be congregating on this site. Chairwoman Boydstun explained there is a liquor store there now and this request is not for a new liquor store, but a new building for the existing store. Mr. Escalante responded they want to include a laundromat and there is already one in the area and he thought this would be creating more traffic and more problems. He hoped the Commission would listen to the property owners in the area. Phillip Gomez, 225 E. Water Street, asked ff this market will be in the same building. He stated he would beo le wouldlike tto see aonewllaundromatna d he thought this is for the betterment for the community. f P P Angelina Venya, interpreting for the owner at 609 Philadelphia, explained the concerns are that the store January 9, 1995 Page 5 99 J of sell roducts that are in a good state; that she purchased tortillas that were green colored and does n P that she has hic magazines that are ~ she had to retus ttiet were bad a She was oncemed abouththe pomog pint em; purchased egg Ines when she sends him accessible to children and concerned that her child could look at those magaz to be dean and she is against the liquor store. It will m lk e ! to buy things. She dkl not think ft is going ask the owner to escort her out because of a safe ace for children with addftioraal hours and sdhad ~ traffic. At times she has gone to buy In the evenings and has been offered drugs and ha ve her matches. Her child was the drug offers. About two ye; r ~ tt~ Were sddd to heriand thery also ~ r 10 year dd daughter to purchase cigarettes and the c ga n with all the playing with the matches and she did not ththe laundroma~in the rnnoighbofiood 9 ~, regulations. She dkf not agree with having , 605 S. Philadelphia, stated her concerns are the sale of Ms. Venya, speaking for Maria Marettas, indivklual cans and also the issue of rent di actions andlawa~forecarsrand signal them andtheyuarle stand on the comer and look in diffe waiting for the transaction movemen n t~ store sfteethey come~to the alleyabetweeniPhiladelphia and t when drug sales do not take place o OINe Street and drug sales take place there and she has been concerned about people climbing over her wall. stated at the last Enrique Chavez, 221 E. Water, speaking on behalf of his neighbors wh u ~ o~ attemp~orary basis and meetinc+ the Commission recom a dh d ftihas done that but that he has not yet seen a security guard on that the owner has stated today the site. He statd the owner had sta tad ownee wasi not will ng to spend somue money fort somet~ng or financial reasons and questioned why that will benefit the residents of the neighborhood, as well as the store. He stated another concern is that st ooms will ordy serve as aphidindg p ubiic restrooms in the laundroma lace for drug dealers. He was and he was concerned that the re concerned about graffiti also and tthoueht the Laundromat wiou d c~eata a place forthe homeless and who walk from school. Also, they 9 in carts and other things in the area. other strangers to shelter themselves, leave their shopp g He stated this is already a noisy neighbovenmoreh Traffio is Increasing and the Laundromat would just and this would elevate the noise levels e increase it more. They are beginnvi onment that migh~lead do hat kindio9activity and they would like to they do not want to provide an e keep their neighborhood f S of the res deints befo ertmaking theU decision He thankedtthe Commission consideration the concern for their consideration during these hearings. Commissioner Peraza pointed out the school being referred to which is close to that area is the Jefferson School. Angelina Venya, 601 S. Olive, speaking for herself, stated she wanted to acknowled9but stilihwanted t have been made at the market, the wire fence, removal of the public telephone, a c, osed to the Laundromat and ff this convey their concerns to the Commission. The neighbors are opP osed to the Laundromat and meeting was being held in the eveinngw~h about 80 signatures of people opp nd. She referred to the petition submitted at the last meet g pointed out that petition contained addresses of the people who had signed the petition and they ai January 9, 1995 Page 6 lived in the area. She noted a Laundromat already exists 1-1 /2 blocks away from ti is c ein~e a e~aland added they feel ~a another one. 'She referred to the drug dealing that is already gp g Laundromat would be detrimental to their health and the health of their children and to their neighborhood. Commissioner Caldwell stated some of the things that are being discussed are not under the control Hof the market owner such as the drug dealing in the alley. The market is there and everyone knows that store and that site have been a problem. He asked ff there is any chance that this could be sn improvement for the area wfth restrictions such as a security guard on she, the Pu~estinethat ft roeght Inside the market, a full time attendant in the Laundromat when ft is open, etc., sugg g mftigate the problems. Ms. Venya stated they are concerned about the transiency of the people who would be coming to use the Laundromat and ft would create a place for loitering. She added she thought apartments might be more suftable because the people living there would be more pem~anent. They want to make sure their neighborhood stays clean and safe. She asked ff the security officer would be unffomted. Commissioner Caldwell answered that the Commission could impose a condftion nequlring a uniformed securty guard. Ms. Venya stated ff the Laundromat is allowed, they would like to look at all those conditions and work together for the betterment of the communfty and would want to make sure the children are not allowed to hang out there and to make sure that the restrooms are not a place for graffiti or a place for drug dealing and that ft is constantly under surveillance. She stated she can see everything from hor kitchen window and that people urinating in public has not stopped. ,.. Maria Flores, 601 S. Philadelphia, Indicated through Ms. Venya who was interpreting, that she is been horn 15 mminutes eadier~~The bullet came from the direction of the stiore.ave been hit ff she had The applicant, Mr. Hee Kang, stated ff he sold bad tortillas, then people would not buy them which truelwith the elggs.sHe added the tortillas areeinta Dearbag and a custoimerncoudtsee~ff they areibad ~ He stated they have not had pornographic materials of any kind in the store since he has owned ft for the past four years. The previous owner did have pornographlo magazines. Thoy do not distribute matches to minors under 18 years old. He was not aware that anyone had aver asked to be escorted out of the market. Concerning the sale of individual cans, he stated that is no where near 75% of the business, and is less than 5% of the total sales. He explained the securty guard was not uniformed. Also, they have a lot of security guards from other businesses who come to the store, plus they did hire an. extra individual to be outside dudng those times needed and he asked people who were loitering to leave. To his knowledge, no one has been loitering during the past month. The restrooms would be locked when the Laundromat is open and any one using ft would have to get the key from the attendant, so they would know how long they are in the restroom. He also explained the petition submitted ir+ favor of the request contained addresses of those who sign©d ft and they were from the area. Hsa stated his customers do not drink the alcohol on his property and that he does not follow the customers to determine ff they are drinking the alcohol purchased at his store some other place nearby. January 9, 1995 Pago 7 Mr. Hee Kang stated he has tried to comply with all the requests of the city. THE PUBLIC HEARING WAS CLOSED. ~` Chairwoman Boydstun darifled that this will be a manned laundromat with the attendant on duty at all times when it is open and people cannot Just wander in and rut. She asked ff it would be possible to have a uniformed security guard on duty during the peak times. Mr. Hee Kang responded that a uniformed securit'~~ guard cannot be hired for Just peak hours, and it would not he very economical to have security guards all the time. He stated the loitering problHe did not abit and that has been eliminat ~~ vrou d be necessary alpl that merinking on the property. think a uniformed security g Commissioner Caldwell stated he would be more in favor of this request ff full time security guards were provided and ff the restrooms were locked all the tim3. He stated there is a segment of the community who are looking for a warm and dry place to hand out and this would just be creating a place for those people. He stated if there is a way to guarantee tf!e health, safety and welfare of the community and still site has been a problems fo bimany years and he lagreed wRh the PolicenDepartment about the sale oft individual cans. Commissioner Henninger agreed with the owner that there a asf °He suggested at ondicion be added way to correct ft and maybe there Is no need for security g requiring Code Enforcement (nspections and then the owner would have to provide security in accordance with their recommendations. needed and that maybe if~security guards were there onlthose daysathei prob ehms would irnp~ovo.be Commissioner Caldwell stated the problems have existed there everyday and Commissioner Henninger states! he thought his suggestion would meat hadphetled resolve thatt prab emslos which had a problem with Cruise Night and that Code Enforce p Commissioner Pemza suggested security guards for a Iimfted amount of time because there have been so many problems at that location for a long time, and the neighbors have had to put up with it for a long time and they want a change. He added maybe Code Enforcement could make inspections after that initial time limit. Commissioner btesse stated he understood how the neighbors feel because it has been a problem for a long time, btfc that the owner !s asking to make Improvements and with the suggested conditions, he thought it will make a great Improvement. He was concerned that the owner is not willing to agree not to sell individual cans of beer. Mr. Hee Kang stated a lot of people walk to the store and they do nat have a lot of money and do like to purchase just one or two cans of beer and not allowing that wotdd have a financial impact on his business. He explained this is a neighborhood store, not a large supermarket, and the people do not shop here in the same way they would at a supermarket. Comrnissicner Mayer clarffied that the single can sales were less than 5% of the total sales and added that is not a big benefft to the owner. January 9, '1995 Page 8 Commissioner Tait stated he did not see a problem allowing single can sales and that typically a person who drinks a single can of bear does not cause a problem. ~- Mr. Hee Kang stated the problems are caused by those who purchase 12 packs of beer. They are the ones who congregate on sfte and drink until it is gone. Investigator Jim Gandy, Anaheim Police Department, stated the group, "Somebody", at LaPalma Park found out that customers buying single cans or bottles were taking them across the street to the park and causing problems. However, now that they have gotten the liquor stores aril convenience stores in that area to not sell singles any longer, that group has reported to the Poice Department that the problems have been greatly reduced. That has shown the Pdtce Oepaetment that is one way to keep the Prealize that they cannot compl tely eilminat the probleme but hlssia one way to mi ftigate itthe best Y way possible. Commissioner Henninger offered a motion, approving the Negative Declaration (findings in Paragraph No. 16 of the staff report), seconded by Commissioner Taft and MOTION CARRIED. Commissioner Henninger offered a motion, seconded by Commissioner Taft and MOTION CARRIED, approving the waivers (findings in Paragraph No~. 28 of the staff report.) foum oindftions as follows•~ (Findings In~Pafragraph NoU 9 of the~staff reporte Permft No. 3730, adding 1. That a gate be Installed at the alley and said gate shall be kept perrnanently locked. 2, That gates shall be installed at the driveways and those gates be locked after business hours. ~. 3, That final elevation plans shall be approved by the Planning Commission, as a Repoli and Recommendation Item. q, That on-site securfty consistent with recommendations of the Code Enforcement Division will be provided. Prior to the vote, Commissioner Henninger explained he would not Include the recommended condition by the Police Department prohibiting the sale of single cans or bottles because he thought Code Enforcement inspections will determine if there is loitering and they will require on sfte security and the owner can deckle ff he wants to limit the sale He felgtl this will slue tthe ownertflexiibgkyftering or whether It is more efficient to provide on site security. 9 Commissioner Caldwell stated there is a documented problem at that location. He did not think this will do anything about the loitering and drug dealing Problems which are going on now. He did not think Code Enforcement is the right agency to take care of these problems and ft should be someone with the authority. the ampliciant to provide on sfteunfformed secunrity guards untP the problem~is resolved, ent can direct P Commissioner Caldwell stated we know there is a problem right now and that the laundromat could January 9, 1995 Page 9 become a place where people can loaerdr. tF at ahunifonned security guard for sbc moonth oeone y~Wer to ask people to move off the property would solve the problem. Commissioner Henninger tho rohriate agenc 1 to do thated will accomplish the same thing and he thought Code Enforcement is the app p Y Commissioner Peraza suggested on-she security for a period of three months because of the problems which are deflnftely there now. Commissioner Taft stated the business owner, with the proposed conditiofor a Ecurity guaNd.t He did ft work and make sure there isn't a problem; otherwise, he will have to pay not think there will be a problem. Bruce Freeman, Code Enforcement, stated the Inspection fee currently is $5f;.00 per visit and the owner may wish to have an on site unfformed security guard for the first six months. He pointed out if he directs Code Enforcement staff to Inspect the site two or three times a week, ft will cost more than a security guard. Commissioner Messe stated Code Enforcement personnel may make inspections two or three times a week in the beginning, but thought h might taper off after that. Mr. Freeman responded he could have somebody out there every day cfting people for drinking in public. Commissioner Henninger amended the resolution to include a condition that an on-site uniformed security guard be provided for 60 days, from noon until 9 p.m. and after the fi0 days, that Code Enforcement can request that the guards be continued ff necessary. Commissioner Messe thanked the community forthelrrlgnput and Bugg sled that they contact Code d ~._. Enforcement ff the problems continue. Commissioner Peraza asked how Code Enforcement would make the recommendation. Commissioner Henninger answered that Code Enforcement would have the flexibility to ask for o for the security for certain times of the week or all the time and added the owner will ba required to pay Code Enforcement inspections. A gentleman in tl~e audience stated a petition was signed by the homeowners opposed to this request. Ha stated hs was totally opposed to the Laundromat. He ref9rred to what happened in Orange County know heretwill be prob ems andhif anything happensehe knows who w II be liable.atter and that they Jonathan Borrego, Senior Planner, asked for clarification regarding installation of the gates imposed in the additional condf'.lon, noting that it was to be locked at ail times. Commissioner Caldwell stated he thought the Idea was to not have people using the alley as a point of ingress .and egress to the store. Mr. Borrego stated ft might be advisable to have a solid wall and Commissioner Henninger agreed and changed the condition to require a solid wall. January 9, 1995 Page 10 Commissioner Caldwell stated he would like to have a feeling from the community that if there are Anaheirnsis one cif the tbesteand talhey el fellow up until the problem Is sdved.~orcement DNision in ~,_ ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3730 with the following added conditions: 1. That a solid block wall shall be constructed along the alley. 2. That gates shall be installed at the driveways. Subject gates shall be locked after business hours. 3. That the final elevation plans shall come back to the Planning Commission as a report and recommendations item for approval. 4. That the property owner shall provide dally on-site unltormed security from 12:00 p.m. to 9:00 p.m. for a period of sixty (60) days and thereafter as deemed necessary ~,y the Code Enforcement Division. 5. That the sales of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 9:00 p.m. 6. That the quarterly gross sales of alcoholic beverages shall not exceed thirty percent (3096) of the gross sales of food or other commodities during the si;me period. The applicant shall maintain records on a quarterly basis Indicating the separate amounts available forli spection by any City of Anahe ms official when requestede made `- 7 directedrto thell bicet ~ froem inside thelbuildingypromc~ing oe indicating theertising availability of alcoholic beverages. 8. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 9. That the parking lot of the premises shall be equiea~ c itandgconduct o~alll perso $er to illuminate and make easily discernible the app on or about the parking lot. i0~ shielded iln such la mannerks uasrnot to unreasonablylillulminater the window are of d nearby residences. 11. That tho applicant shall be responsible for maintaining a litter free area adjacent to the premises over which he/she has control. 12. That there shall be no pool tables or coin-operated games maintained upon the premises at any time. 13. That there shall be no coin-operated telephones maintained on the outside of the January 9, 1995 Page 11 building at any time. 14. That no wine and/or distilled spirits shall be sold in bottles of containers smaller than 200 ml. in volume. VOTE: 6-1 (Peraza voted no) Selma Mann, Deputy Cft}+.Attorney, presented the 22-day appeal rights. :January 9, 1995 Page 12 Approved 3a. S,Eog NEGATNE DECIAHATiON Granted 3b. CONDITION"' r rCF PFRlMIT :70.3732 OWNER: LINDA Kg08SS~StRateNCol ege BIvdOSAnahe m, CA 92806 LOCATIGN: 11QA ~otrtit Stagy" r°!!P°-e Blvd. Property is approximately 0.52 acre located at the northeast comer of Ball Road and State Coile~e Boulevard. To permit the conversion of a service bay area within an existing service station Into a mini-market with the off-premise sale and consumption of beer and wine. Continued from the December 12, 1994 Planning m e mig Ion CONDITIONAL USf: PERMIT RESOLUTION N0. PC95-2 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Chairvuoman Boydstun temporarily left the Council Chamber. .. Vaskin Koshkerian, applicant, stated the last meeting was contir~~ed in order for the Police Department to present evidence linking the sale of beer and wine from this station to crime Incidents in the area. He stated he tried to get the information from the Police Department but had no success and that Officer Walker of the Anaheim Police Department suggested he move to another place because there is too much crime. He stated he talked to his attorney and they did their own research and examined the Police Department's testimony at the Planning Commission hearing, as well as the attached memorandum to the Report ng District0and descr bed those to be serious crimes which Includ red murderort penarson in assaults, etc. He stated his Reporting District is No. 1828 and presented a map which he had obtained from the Anaheim Fire Department and noted the area is bounded by Ball Road to the south, north side of Ball Road only, State College to the west, east side only, Wagner to the north, south side only, and Sunkist to the east, west side only. This area measures I/2 sq. mile and consists of 236 single family homes, 4 I liquor store, I church, apartment complexes, 2 gas stations (his included), 3 restaurants, one 7-II, Katella High School, I elementary school, and 15 non-alcohol related businesses. In that reporting area, there are the following ABC licenses: 1) one 7-11, off sale beer and wine; 2) one liquor store and 3) one restaurant (on sale), for a total of 3 ABC licenses. He referred to the Police Department's memorandum attached to the December 12th staff report stating January 9, 1995 Page 13 there are 11 ABC licenses in the area, and noted ft does not say in that reporting district. He asked what area they are tat r~ g about He asked ff they are going to make a new area every time someone applies for a permft which does not fff somebody's special Interest. He stated when Off(cer Walker dented his request to see the report or studies, it left him with no remedy but to look deeper into the subject matter. He offered to pay applicable fees to get his own copy, to which he thought he was entitled, either under the Freedom of Information Act or under the power of subpena. They looked for a alterhatNe source of information and found it in the 1993 Anaheim Bulletin. He presented copies of those newspapers and added he thought that would be more up to date information which he needs to prove his point. Page 213 of the Bulletin typically has the crime report section. Apparently, the Anaheim Police Department can not pull a cover up with the media as they think they can with immigrants such as he. He added they looked at every page and every line of these reports and matched them against all addresses in the Reporting District No. 1828emT ~ testi onrt b there were only 55 published incklents of crime last year which, despfte the exagg Y Y the Police Department, included no murders, eo ae lost th~eim~ eto~ auto th~eftno arson and no other serious crimes. They discovered that many p Pl Also, there were three hot spots for crime in Anaheim -the comer of Beach Boulevard for prostitution, the 2000 block of South State College, (Gene Autry Way near Anaheim Stadium; and the 1300 block of Harbor, (Disneyland). None of those hot spots are in his area. They further discovered by talking to a police officer that this reporting includes all kinds of crime which are felonies ,but mostly misdemeanors, including forgery, missing persons, shoplifting, wffe beating, domestic disturbance, child abuse, indecent exposure, etc. He stated he would like to see his rights as an immigrant considered the same as the rights of Disney in the 1300 block of Harbor and the Anaheim Stadium in the 2000 block of South State College. He stated he is willing to swear to the truth of this testimony and would like to see the Police Department _ swear to the accuracy of their testimony and that he expects any fair-minded Planning Commission to take his presentation of facts and evidence and balance it against the rest of the Inaccurate testimoi~.y and preserve the dignity of this proceedf bebevokeding this application. He pointed out ff the business proves to be detrlmentsi, the permit ca THE PUBLIC HEARING WAS CLOSED. Chairwoman Boydstun stated she has had a business in Anaheim for a long time and they had a major break-in and it was never in the Anaheim Bulletin. She asked ff they are required to report every crime or do they choose what they report and asked how that is handled. Officer Gandy responded he was not sw~s how they get their report, but in the past a reporter would go through the log and try to get all the incidents of any consequence, but they only came once a week. They do not catch everything. They are not required io provide the report, but ft is a reporting service they provide for the public. nc ude thie south sidelof Ba I Roadtand noted there is a iquorplioense right across the stree ppear to Cfflcer Gandy stated he is familiar with the map provided by the applicant. The County of Orange is divided by the Fire Department and the Police Department decided to use that same grid when they went to the computerized system. The areas are called Reporting Districts. They keep track of the January 9, 1995 Page 14 crimes based on those Reportf~g Districts. Every time a crime is reported, the officers put down the number of the Reporting District when he takes the report and in 1993 the total number of complaints that occurred, as outlina~l by the Alcoholic Beverage Contrd Board as other types of crimes to look at . In this area there was a total of 167 Part 1 crimes and of those crimes, 2 were assaults, 3 robberies, 82 burglaries, 38 auto thefts, 45 thefts of all kinds, n4 arson, no rape, and no murders. Part 2 arrests which are arrests for any crime other than a traffic matter for that same year were 38 and that is a total of 205 and comparing that to the average, shows the crime rate is above average. The 11 licenses in the area are specifically in that Reporting District. ABC does not acknowledge the Anaheim Reporting Districts to show the number of licenses which exist. They have a different criteria which is called a census tract. The particular census tract where this business is located is from State College on the west to the rNerbed on the east, Wagner on the north and Ball Road on the south, so lt encompasses more than the map shown. ABC in their criteria says that the population of 3,348 can allow 3 licenses and there are currently 3 off-sale licenses exist(ng. This she does meet the ABC's criteria for a high crime/over-concentration designation. de ides to approveodthlserequiest,DthPy would ke to see the conditions, listed on the following page imposed and read them into the record. ACTION: Approved Negative Declaration C emisie sale orC onsulmpUon of beer°and wine based on~he Po cie Department'si report/land test ony P presented at the public hearing. store and ~he crime iin the arean The majoriryiof the crimes reported appear toibe burglariescetc.e He ce _ stated he would vote against the motion. Commissioner Messe asked if there are any studies available which disagree with that statement. Officer Gandy stated he did request information from several sources. There is no real survey that says that the addition of a particular outlet in a particular location will increase the crime rate there. There was a survey or study which indicated that in Los Angeles, the addition of one more outlet would Increase the crime rate by .3%, so there is a relationship between the number of outlets and the crime rate. Commissioner Messe asked about DUI arrests. Officer Gandy responded that the traffic cltations are not included in the reports. He added there are a lot of traffic accidents and drunk driving arrests, unfortunately, but he did not know ff that could be tied to this particular location or to any particular location. Commissioner Henninger stated he has thought a lot about this and thought he had come to the conclusion that to single out these service stations, which we have been doing in the past, and to not allow them to have off-sale IicensE~s doesn't really make a lot of sense. Perhaps lt would make sense if we had some overall density requirements in the city and enforce them evenly on all businesses so that a grocery store and all off-sale licenses are treated the same. Ne stated he could not support this and lt did not feel right to single out this service station owner. January 9, 1995 Page 15 Chairwoman Boydstun stated she would like a condition added that if he does not get the ABC license ( within one year, the CUP is null and vokJ. \~ Comnissioner Caldwell stated M his resolution fails, then that could be added to one for approval. On rdl call, the foregoing resoution faAed to carry with the following vote: AYES: CAI.DWEl1., MESSE, PERAZA NOES: 8OYDSTUN, HENNING~R, MAYER, TAIT ABSENT: NONE Selma Mann referred to Officer Gandy's previous testimony and also referred to Assembly Bill 2897 which was effective January I of this year which has to do wfth undue concentration of licenses and discusses the crime rates. It makes spscffic references to a crime reporting district which is exactly what the City of Anaheim does, as does a few other jurisdictions which have stayed on top of the regulations and have reporting distri~:ts set up. Those do differ from the census tracts used by the ABC. The ABC concurrently uses the Cih~'s figures based upon the City's Reporting Districts, as well as its own ftgures based on the census tracts. They use the census tract ftgures to determine the density of population; thereby reaching the maximum number of licenses that may be permitted in a particular area. There is a definition of what the reporting crimes Fire in that legislation in Section 23958.4, and it actually indicates that it is the most recent yearly compilation being the most recent available by local law enforcement of reported offenses or criminal homicides, forcible rape, robbery, aggravated assault, burglary, larceny, theft and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. It appears the only thing that is excluded from that legislation, not considered by the ABC, is the traffic ctations. Commissioner Henninger offered a resolution approving Conditional Use Permit No. 3732 with off- . premise sale and consumption of beer and wine and with the following added conditions: That subject use permit shall expire in one year from the date of this resolution if the applicant does not get the alcoholic beverage control license within that period. That no alcoholic beverages, or beer or wine, shall be sold, famished, or delivered via adrive-up window. That the sales of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 10:00 p.m. That the quarterly gross sales of alcoholic beverages shall not exceed ten percent (1096) of the gross sales of food or other commodftles during the same period. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside the premises, promoting or indicating the availability of alcoholic beverages. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. That the parking lot of the premises shall be equipped with lighting of sufficient power to January 9, 1995 Page 16 illuminate and make easily discemibie the appearance and conduct of ail persons on or about the parking lot. That the lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby businesses. That, if proposed, wine coolers shall be sdd in quantfties of a four (4) pack or more. That signs shall be prominently posted at the wine storage area and the cash register area reading: 'Wine coolers may be purchased on this premises only in quantities of a four (4) pack or more.' That beer shall be sold in quantities of a six (6) pack or more. That signs shall be prominently posted at the beer storage area and the cash register area reading: "Beer may be purchased on this premises only in quantities of a six (ti) pack or more." That there shall be no coin-operated telephones maintained upon or adjacent to the building at any time. That there shall be no coin-operated games maintained upon the premises at any time. The applicant stated he agrees to comply with the conditions and that he has had discussions with Officer Gandy and if the Police Department will give him a letter saying he has to remove the public telephone, he will comply. On roll call, the foregoing resolution was passed by the following vote: AYES: BOYDSTUN, HENNINGER, MAYER, TAIT NOES: CALDWELL, MESSE, PERAZA ABSENT: NONE Selma Mann, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. January 9, 1995 Page 17 l' 4a. ENVIRONMENTAL IMPACT REPORT N0.281 (Previously Certified) Approved 4b. TENTATIVE TRACT MAP N0. 15073 Approved OWNER: THE BALDWIN CO., Attn: Ron Freeman, 16811 Hale Avenue, Irvine, CA 92714 AGENT: HUNSAKER & ASSOCIATES, Three Hughes Road, Irvine, CA 92718 LOCATION: ~p~aiive Traci Maa "'^ '~m~ wrthin Development Area 204 of The Summit of Anaheim Hills Specific Plan SP88- .21. Property is approximately 8.16 acres located on the north side of Running Springs Road and approximately 480 feet east of the centerline of Sedona Avenue. Petitioner roquests approval of a tentative tract map to establish a 8.16 acre, 36-lot single-family subdNision, including 35 residential lots and one open space lot. Continued from the December 12, 1994 Planning Commission meeting. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Ron Freeman, Sr. Vice President, Baldwin Company, 16811 Hale Avenue, Irvine, CA, was present to answer any questions. THE PUBLlC HEARING WAS CLOSED. ACTION: documentation forthPs equestR. (Findings in Paragraph Nor~13 of the aff relport,.) Approved Tentative Tract PAap No. 15073, subject to the following conditions: (Findings in Paragraph Nos. 17 and 18) 1 the Public Wopks Department forn eve and app ovalryThe sewer planstmust be approved bythe City Engineer prior to approval of the final map. 2. That prior to final tract map approval, the developer shall execute ~n unsubordinated covenant for operation and maintenance of the temporary sewer pump station. The covenant shall be in a form approved by the City Engineer and the City Attorney. The covenant shall be recorded concurrently ,lanuary 9, 1995 Page 18 wfth the final map. 3. That prior to final tract map approval, the petftioner shall submft additional information on exterior ~ building materials for review and approval by the Zoning Division. 4. No.t4977 pertaining todevelopment within the Ss~mmit of Anal heimi HIIIseSpeciflcoPlan Ordinance 5. That prior to final tract map approval, Condftion Nos. 1, 2 and 3, above-mentioned, shall be complied wfth. 6. That approval of this application constftutes approval of the proposed request only to the extent that ft complies wfth the Anaheim Municipal Zoning Ca~~~ and any other applicable City, State and Federal regulations. Approval does not include any action or flndings as to compliance or approval of the request regarding ary other applicable ordinance, regulation or requirement. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 10-day appeal rights. January 9, 1995 Page 19 5a. ENVIRONMENTAL IMPACT REPORT N0.281 (Previously Certified) I Continued to 5b. TENTATIVE TRACT MAP N0. 15074 January 23, 1995 OWNER: THE BALDWIN CO., Attn: Ron Freeman, 16811 Hale Avenue, Irvine, CA 92714 AGENT: HUNSAKER & ASSOCIATES, Three Hughes Road, Irvine, CA 92718 LOCATION: Tentative Tract Mau No 15074 within Development Areas 203 and 204 of The Summit of Anaheim Hills ~Reciftc Plan (SP88-21. Property is approximately 7.1 acres located at the northwest comer of Oak Canyon Drive and Running Springs Road. Petitioner requests approval of a tentative tract map to establish a 7.1 acre, 40-lot single-family subdivision including 39 residential lots and one open space lot. Continued from the December 12, 1994 Planning Commission meeting. ---------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the January 23, 1995 Planning Commission meeting in order to readvertise subject vesting tentative tract map and sfte plan for The Summit of Anaheim Hills Specific Plan (SPBis-2). VOTE: 7-0 January 9, 1995 Page 20 rE(iA NEGATIVE DECLARALIOt~. Approved sa• Approved 6b. WAIVER OF ~nDE REDUIREMENT Granted 6c. CONDITIONAL USE PERMIT NO.~~ OWNER: CITY OF ANAHEIM, Attn: Jack Kudron, 200 S. Anaheim Blvd., Anaheim, CA 92805 AGENT: AIRTOUCFI CEIlULAR, P.O. Box 19707, Irvine, CA 9271.3 LOCATION: 4~4~..~ ~~ Riverdale Avenue fRtverdate Park ~1 Pr~~perty is approximately 5.39 acres located on the north sloe of Riverdale Avenue and approximately 230 feet west of the centerline of Starling Way. To permft a cellular racilfty Including an unmanned equipment building and a 76-foot high transn•dssion tower wfth waiver of maximum fence height. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-3 --------------------------------------- FOLLOWING IS A SUMMARY OF THE ?LANNING COMMISSION ACTION. OPPOSITION: None/2 interested persons spoke Commissioner Henninger left the meeting during the fallowing hearing. John Petke, Planning Associates, 3651 Airway Avenue, Costa Mesa, representing Airtouch Cellular and also the!r Project Manager and Senior Radio Frequency Engineer were present to answer any questions. He stated they have read and understand the staff report. He presented photographs as supplements to the application. He explained they have chosen the location to co-locate with an existing taller facility and stated they attempt to do this in any area. He stated the park has a grove of existing Eucalyptus trees in the southeast corner together wfth an adjacent antenna and that provides an opportunfty to aesthetically cite the facility. Mr. Petke stated they are characterized as a private applicant, but they do provide emergency service to help protect the public's health and sa~o rev de th~istservice, plus ft is nfec ssaery in order tol rlespond to telephone service and they are happy p the tremendous growth in this industry. George Johnson, 201 Banyknoll, stated he lives in the area and asked to look at the photographs. Chairwoman Boydstun explained this is going to be behind the fire station on the side next to the hospital. January 9, 1995 Page 21 Mr. Petke clarified ft is Ifterally adjacent to the Fire Department property in the southwest comer of the rk and that adjacent to the sfte, there Is a cable to of dozens of Eucalyptus t ees which allows them toy pa have an advantage of being located among a group C ~ be screened. He added they are happy to be in a location that shields the facility and screens ft from the neighbors and adjacent uses. He stated Mr. Johnson asked ff any of the trees were to be removed and explained several trees t at are cured fenced in area, are to be removed, but the park staff has directed wfthin the compound, in the se their replacement in the park to further screen the facility. Commissioner Messe asked ff there is a Ilne of sight drawing to the homes from the west. nd Mr. Petke referred to Phot tie removed and asked ff the ones that remain will be tallet hanghe facilty. that some of the trees will Mr. Petke stated the taller tre ble tlvr configurations Many of the trees are not thatitall, ana~that6staff has and there is a 7d-foot high ca asked them to add more trees outside the fence where they have taken trees out inside l e~ a waivetlof Jeannie Gata, 334 Startire Street, stated there was a mention In the card they received ab the wail and asked ff this will have a wall around ft. Mr. Petke stated on page 3 of the staff report there is a references :~ ° code requirement for a maximum of a 6-foot high block wall and tlained that) is inside the park and ft wou d notgbe visible tlo anybodyfng the facllfty for securfty,. He exp unless they are a few feet away and inside the park. Mr. Petke stated Ms. Ga which w I give them the ability toftaddlservice for peop a whlo lue cellula ical _ cellular telephone facility telephone and that ~ leis honeaservice in this location or any location woulddhae lany effect on he way that the cellula p telephone service that nd this wioll bona 60 foal monope land theregwill be 3 sk~nny shipend antenna type lattice structure) a that will be located on top of the 60 feet for a total height of 76 feat, but the top 16 feet will be tF'ie smaller antennas. Commissioner Peraza as fit em and ft anylother compannies have contac ed the Ciiry. these sites or does the City go looking THE PUBLIC HEARING WAS CLOSED. Jack Kudron, City Park Superintendent, stated the Tih rde was one other inistallation by Airtouchaat s and no other cellular company has contacted the Clry. Lincoln Park and he believed ththerecome tto the City. look for pock~ats where they have weak signals and ff there is park in the area, Y th ort ft. He stated he did bed arealthat isl bounded onatwonsides (south and east) by a fenceuadiready and is next This is In a shrub to the fire station which ked c osely wfth the applicant and will insuee thatlthe largectrees see photo led ft He added they have wo January 9, 1995 Page 22 possible and ff any trees have to betaken out, a 2:1 mftigatlon will be required and they will require 24' box trees. Commissioner Peraza stated this is a business and he hoped they are negotiating for the best interest of the City. Mr. Kudron responded he believed they are and In the license agreement which they are currently negotiating with Alrtouch which wilt eventually go to the City Council if this conditional use permft is approved, the Parks DNision will receive $1,000 a month in rental which will help support the maintenance of the park and in addition, Alrtouch will be providing $16,000 worth of play equipment replacement in the park. Commissioner Messe asked if the square footage which the Clty Is losing counts against the square footage per reskfent requirement in the City of Anaheim and Mr. Kudron responded h would. ACTION: Approved Negative Declaration Approved WaNer of Code Requirement Granted Condftlonal Use Permft No. 3733 wfth the following stipulation: That any trees that get removed shall be replaced on a 2:1 ratio. VOTE: 6-0 (Commissioner Henninger absent) Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. January 9, 1995 Page 23 \. ) .. ...xrneirn~ eYFI111~T101~?~CLASS-11 I No action 7a. ~, Granted 7b. VARIANCE N .4266 OWNER: SUNDOR BRANDS INC., Attn: Kenn Brandt, 1230 N. Tustin Ave., Anaheim, CA 92807 LOCATION: 120 N Tustin venue. Property is approximately 7.2 acres located on the east side of Tustin Avenue and approximately 1050 feet south of the centerline of Miraloma Avenue. Waiver of permitted location of a freestanding sign to construct a t0- square foot monument sign. VARIANCE RESOLUTION N0. PC95-~-- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Ken Brandt, 944 Santa Ana Street, Laguna Beach, agent, explained they are requesting a variance for a sign for the following reasons: 1, This is an existing facility with existing driveways on a large irregularly-shaped lot and the driveways were located there by previous owners. This location will provide for improving the flow of traffic off Tustin Avenue Into the facility. 2, The sign is to be located on an Island between two existing driveways. 3, The sign Is consistent wfth those of the neighbors. 4, The sign is high quality and will help them advertise their products. developing a master plan ormthhs sfte and eistimate about a $30 million dollar expansion ~n~lal stages of THE PUBLIC HEARING WAS CLOSED. ACTION: Granted Variance No. 4266 VOTE: 6-0 (Commissioner Henninger absent) Selma Mann presented the 22 day appeal rights. January 9, 1995 Page 24 Approved Sa. GEOA NEGATIVE DECLARATl41! Granted f/ ~ 8b. rONDITIONAL USE PERMIT N0.3734 1. OWNER: Y.J. HAHN and B.J. HAHN, 8672 Cortez Ave., Garden Grove, CA 92644 AGENT: YANG CHUN BONG, 1212 S. Dale Ave., Anaheim, CA 92804 LOCATION: +~+~ So~~th Dale Avenue. Property is approximately 0.43 acre located on the east side of Dale Avenue and approximately 210 feet south of the centerline cf Bail Road. To retain a convenience market wfth the off-premise sale and consumption of alcoholic beverages. CONDITIONAL USE PERMIT N0. PC95-5 ----------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person M. Huh, agent, stated this liquor store has existing for more than 20 years, but they want to sell convenience items similar to a 7-11, axcept they would not sell hot food. Fernando Daly stated he was here about one year ago to open his market next to the liquor store on Dale Street. He added he is representing people In the community where his market and this liquor store is located. He presented a petition signed by the people who INe in the area opposed to this request because they have crime in the area every day and Police have to go there every day. This would Increase traffic in the area and the corner of Dalo and Ball is about 40 feet way from the site and has a lot of accidents and also there is a school near the site. Th3 same building where the liquor store is already has a market with all the supplies and he thought having too many of thary cleaner,i farmer's the area would lower property values. The building has space for a beauty salon, rkin market, and a liquor store and there are only 20 parking spaces. There are no handicapped pa 9 spaces and no delNery truck spaces. He explained there are two supermarkets in the area, four liquor stores with grocery items for sale and two farmer's markets. The Ilquor store ownor violated the laws by selling grocery items without a permit from the city for more than a year and he did not think they can be trusted. He stated they sell knives in the Ilquor store and have coin-operated water machines, newspaper racks, and a telephone. He stated Code Enforcement has made many repc!rts because they sell used cars in front of the liquor store. The front spaces will have cars wfth signsti ,ndicating they are for sale. He added his customers allowing people to drink beea outside the s9orenThey try to have a goodreommuniry and they wa t tofor January 9, 1995 Page 25 work together and when he opened his market, he had proper permits and the liquor store owner tried to push him into not selling certain items. \~ ' Mr. Huh, agent, stated the unit next to the liquor store was empty for the past year. He stated Mr. Daly got a list from the property owner of the hems he could sal in his market and it said only vegetables and fruit and he thought that was fair. He explained they started selling grocery ftems and that this liquor store has sold those things far more than 20 years. He explained there was confus~ n ~~ required. operators of the markets as to what they could sell and the difference in the types pe Bruce Freeman, Code Enforcement Supervisor, explained this property has been cited for having illegal signs and the only permits allow the fteestanding sign and one on the wall. Commissioner Messe stated there are window signs there and that really makes the whole area look bad and he told Ilke to see that cleaned up before authorizing this request, Commissioner Henninger suggested adding a condition requiring that the owner pay for Code Enforcement inspections. and ifrthere a e~any problems bring kdback torthe Planning Commmission for eviewly basis for one year any litems tha6 may be cont dared as al wleaponr by the Anaheim Polb a Dedpa men prohibit the sale of Senior Planner, stated there is a condtion Responding to Commissioner Caldwell, Jonathan Borrego, requiring that the parking lot and driveway conform to current City standards and it does not appear that condition has been nret. He added there was discussion in the record to indicate that the Commission felt that was the responsibility of the property owner and not the tenant. ~- Commissioner Caldwell stated he wanted to make sure the conditions of the previous conditional use permit are met. Commissioner Henninger suggested a condition being added to this action asking Code Enforcement to work on enforcing both of those conditions. Mr. Borrego stated Conditional Use Permit No. 3666 had a condtion rC u~irBnEnforcehmentgmakebmonthly brought into conformance wfth City codes and in order to Insure that, Inspections at the applicant's expense for six (6) months, and also that same condition should apply to the driveway and parking lot. ACTION: Approved Negative Declaration Granted Condftional Use Permit PJo. 3734 with the following changes to conditions: Modified Condition No. 1 to read as follows: 1. That the display or sale of knives or any item considered a weapon by the Anaheim Police Department shall be prohibited. Added the following conditions: January 9, 1 S95 Page 26 That the driveway located on the north side of fhe property shall be reconstructed. That tha signage on su~ect property shall be brought into cotdormance wfth City ~.. ' codes. That Code Enforcement shall inspect the property o th moo ey ba~e or a period of sbc (5) months. Said inspections shall be paid by P P rtY VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the written right to appeal the decision within 22 days to the City Council. January 9, 1995 Page 27 REPORTS AND RECOMMENDATIONS: A, s.ONDITIONAL USE PERMR NO 2651 - pE~UEST FOR A ONE YEAR EXTE "i'~N ~~ TIME TO COMPLY WITH CONDITION$ OF APPROVAL: Dwight R. Belden, Vice President of Southern Calffomia Anaheim Land Associates U rt Beach~CA 92660 7640, Nowport Center DrNe, Ste. 304, Newpo with conditions requests a one year extension of time to comply of approval for Conditional Use Permit No. 2651 (to permit an 11- story, 128 foot high hotel and two commercial office buildings) to expire on February 26, 1996. Property is located at 2400 E. Katelia Avenue. B. VARIANCE NO 4215 REQUEST FOR ONE YEAR EXTENSION_ OF TIME TO COrAPLY WITH CONDITIONS OF APPROVAL. Arthur McCaul, C/0 Habftat I, Ltd., 1875 Century Park East, Ste. 1880, Los P^geles, CA 90067, requests a one year extension of time to cc nply wfth conditions of approval for Variance No. 4215 (to construct a 2-story, 74unR detached condominium complex wfth waiver of (a) permitted residential structures, (b) maximum structural height wfthin 50 feet of single-family residential zone boundary, (d) minimum distance between parallel walls, and (e) improvement of private streets) to expire January 11, 1996. Property is located at 1925 W. Lincoln Avenue. C. ONDITIONAL USE PERMIT NO 3460 -REQUEST FOR A RETR A .TINE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Song-Shyong Hsu, C/0 KOK Investment Co., 17752 Cowan St., Irvine, CA 92714 requests a ons-year extension of time to comply with conditions of approval for Condftional Use Pemtft No. 3460 (to permft a 4-unft, 3,200-square foot expansion to an existing 19,800-square foot commercial retail center) to expire on November 4, 1995. Property Is lacated at 2658 West La Palma Avenue. January 9, 1995 Approved with added conditions (To expire 2-26-96) Approved (To expire 1-11-96) Approved (To expire 11-4-95) Page 28 p, y ; ~~'nwTO A CODE AMENDMENT PERTAINING TO Directed City OUTDOOR USES IN THE GC (COMMERCIAL GENERAL) ZONE Attorney to draft an ~`~ . CI WIDE: Philip R. Schwartze, The PRS Group, 31682 EI ordinance Camino Real, San Juan Capistrano, CA 92675 requests Planning Commission initiation of a Code amendment pertaining to outdoor uses within the CG Zone. E. REQUEST FOR Prr eyNING COMMISSION INITIATION OF Fleearin Public TERMINATION PROCEEDINGS FOR CONDITIONAL USE 9 PERMIT N0. 1978: Initiated by City of Anaheim, CodeCA 92805. Enforcement DNision, 200 S. Anaheim Bivd., Anahelm, Request for (nftiation of termination proceedings for Conditional Use Permit No. 1978 (to permit a 23-unit motel wfth waivers of minimum number of parking spaces, maximum structural height and minimum landscaped setback area). Property is located at 420 S. Beach Boulevard. C/ENF F. CITY INITIATED RECLASSiFrrATION TO RECLASSIFY Initiated reclassification CERTAIN PROPERTIES AREA FROM THE CG Commercial Generall ZONE TO THE CL(Commercial• Limited) ZONE. Request for Planning Commission initiation of a zoning reclassification from the CG Zone to the CL Zone. Property is located at 100-216 West Broadway. G. REQUEST FOR PLANNING COMMISSION INITIATION OF Set for Public TERMINATION PROCEEDINGS FOR VARIANCE N0.4018: Hearing Initiated by City of Anaheim, Code Enforcement Division, 200 S. Anaheim Bivd, Anaheim, CA 92805. Request for Planning Commission inftiation of termination proceedings for Variance No. 4018 (waiver of required location of parking area, minimum structural setback and required improvement of parking area to establish a commercial use in a residential structure). Property is located at 883 S. Anaheim Boulevard. r•.i~NF January 9, 1995 Page 29 H. rODF A6'ENDMENT NO e~_e _ o~nJEST TO CON iS DER Recommended ado ion to City ~~~ AMENDING TITLE 18 PERTAINING TO TOWING SERVICES: ~ Requested by the City of Anaheim, Planning Department, 200 S. Council Anaheim BNd., Anaheim, CA 92805. ,?y~BSTANTIAL CONFORMANCE TO RETAIN SE1LE_N ENIOR ITIZEN'S RETIREMENT UNITS BEYOND THE 29~ CURRENTLY ENTITLED UNITS FOR Cl~NDITIONAL USE PERMIT N0.2622: William Cunningham Jr., of Obayashi Corporation requests substantial conformance determination for Condftional Use Permit No. 2622, (to permft 205 unft senior citizen's retirement facility). Current request is to retain seven senior citizens retirement units beyond the 205 currently entitled unts. Property is located 505 S. Anaheim Hills Road. Determined that the plans are in substantial conformance with original approved plans J. LAND CAPE PLAN AND SIGN PLAN REVIEW PERTAINING TO Approved plans CONDITIONAL USE PERMIT NO. 3717: Dave Bartlett Associates, 6082 Jade Circle, Huntington Beach, CA 92647, ~~,: requests landscape plan and sign plan review for Condftional Use Permft No. 3717 (to permft a dris located at 121 N. Beachmnt wfth outdoor dining). Property Boulevard. MEETING ADJOURNED AT 3:50 p.m. TO THE JANUARY 23, 1995 PLANNING COMMISSION MORNING SESSION AT 11:00 a.m. Respectfully submitted, ,I ~'GG~ Edfth L. Harris Planning Commission Support Supervisor January 9, 1995 Page 30 Y tt„~ ~''~ F~.."f ~, ~~ ~.A' ~ rad~`,kE~~t2~';i.,'~y.~,a'r'~~~hy~c ~ ~ ~7 ~ ~iLti~. y'~'*,uf #``.'Y r~,,df~~~'-<, "..C r' &4~.. 4 t1~ .. y a 1r'}lYil_.. r r -, ytf .. r. ~ i-z?'xr^ L}{`~}k,~~"'k~~~~c~.~ E~~ ~: ~~s; tu„~~arY-~~. r~'~~rKa+~~aG ~~~{ y~~q`~+1' r j ~?' J~~?:;~ ~ ~ }~{ ~r''~,ht~, tr~~7`~.VSy +.~~x~r{t~'} r~y1 +a~~~ t4 t~rSR •r~k~^ t{~'{S.tiTNV7k"~x~~t~-~~.;~ ~ ~ s ~`2A;._ vii, ~y ~ <`_ry r~t7-~'`~ .,? 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