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Minutes-PC 1995/06/26SUMMARY/ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION ~~; June 26, 1995 10:00 A.M. - REVIEW OF PROPOSED STANDARDS PERTAINING TO SERVICE STATION DEVELOPMENT - PRELIMINARY PLAN REVIEW IMMEDIATELY FOLLOWING 1:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS ABSENT: MAYER STAFF PRESENT: Tom Engel, Sean GerbeanAnnika 5antalahticMargarita Solorio Yalda, Melanie Adams, PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested will have five minutes to present their suoh additional timelwill produce evidence pmportant to thenCommission'sfconsid~ ration ion, 2. In contested applications, the proponents and opponent will each be given ten minutes to present their case unless additional time is requested and he lend h of t mefa participant speaks, The Commission's considerations are not determined by 9t but rather by what is said. 3. Staff 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 Commission will wfthhold 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. 6. Ai documents presented to the Planniny Commission for review in cc~nection with any hearing, including photographs or other acceptable visual representations or non• documentary evidence, shall be retained by the Commission for the 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. AC062695.WP JUNE ?6, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA 1. REPORTS AND RECOMMENDATIONS: q. CONDITIONAL USE PERMIT NO.1374 -LANDSCAPE PLAN REVIEW. Gene Lee, 1100 South Claudine Place, Anaheim, CA 92805 requests landscape plan review for CondhioP o ese PS rmit No. 1374 (to establish a court reporting college). p rtY locate at 1360 South Anaheim Boulevard. Approved landscape plan with the stipu- lation that the palm trees located on the public right-of-way shall be maintained and irrigated by the property owner Commisses beinMe lanted in the public~right-of--way, and ff it is the develloper'sap antinguwou d they beng the palm tre 9 p irrigated? Greg Hastings, Zoning Division Manager, answered there would be irrigation and that they have checked early (~ Commission wishes ~a condition could be addede equiring that the palm Bees are to be maintained Plann g ;,_ and irrigated by the property owner. The developer did not identify himself and indicated from the audience that the palms are existing adjacent to the sidewalk He responded to Chairvvoman Boydstun that he was not aware of an irrigation system, but that he would be willing to connect the watering system. Commissioner Bostwick indicated he is abstaining on this item. Commissioner Messe indicated he felt the landscape plans look fine ACTION: Approved the landscape plan with the stipulation that the palm trees located on the public right- of-way shall be maintained and irrigated by the property owner B. CODE AMENDMENT NO.95_01 REQUEST TO CONSIDER AMENDING TITLE 18 PERTAINING TO OUTDOOR ACCESSORY SES IN THE CG (COMMERCIAL GENERALI ZONE. Requested by Phillip R. Schwarfze, President, PRS Group, 31682 EI Camino Real, San Juan Capistrano, CA 92675. Continued from the June 12, 1995 Planning Commission meeting. Continued to August 7, 1995 06/26/95 Page 2 JUNE 20, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA C. CONDITIONAL USE PERMIT NO 3686 -REQUEST FOR Approved o expire 6-1-96) EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF (~ APPROVAL: Robert Zamora, American Housing Producers, 3901 MacArthur Blvd., Ste. 208, Newport Beach, CA 92660 requests an extension of time to comply wfth condftions of approval for Conditional Use Permit No. 3686 (to construct a 2-story, 48-unit condominium complex) to expire on June 1, 1996. Property is located at 608 West Vermont Avenue. i_, p. CODE AMENDMENT NO 95-04 PERTAINING TO MOBILEHOME PARKS AND DISP'~.ACEDOM S~AnahOeim BouleNard, Anaheim by City Attorney's Office, 92805. To delete and amend code sections pertaining to mobilehome parks, defining displaced mobilehome owners and amending wording pertaining to relocation beneffts. Continued from the February 22, March 6, April 3, April 17, and May 5, 1995 Planning Commission meetings. Continued indefinitely for Commission to have the opportunity to discuss this matter wfth the City Council at one of their quarterly workshops 06/26/95 Page 3 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA Continued to 2a. CEQA NEGATIVE DECLARATION July 10, 1995 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT N0.3769 OWNER: ADV SORS, Attn: ElanorlCapranoR865 SCFigueOroa Street, Los Angeles, CA AGENT: CB COMMERCIAL REAL ESTATE, 3501 Jamboree Road, Ste. 100, Newport Beach, CA 92660 LOCATION: 5626 East Santa Ana Canvon Road. Property is approximately 10.63 acres located at the southwest comer of Santa Ana Canyon Road and Imperial Highway. To permit a 1,650 square foot fast food restaurant with roof-mounted equipment with waiver of minimum number of parking spaces. Continued from the June 12, 1995 Planning Commission meeting. II CONDITIONAL USE PERMIT RESOLUTION NO. ----------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Jacqueline Ortega, CB Commercial Real Estate, Representative, indicated they just received some information from Alfred Yalda, Principal Transportation Planner: and would Tike a continuance until the next meeting because there is apparently a study which will come in later today, and they would like a chance to review that prior to finalizing the issue. ACTION: aPplicant~to reviewrtheuTrafBc and Tra sportat on (Manager's anailysis of the requested parking waiver. VOTE: 6-0 (Commissioner Mayer absent) 06/26/95 Page 4 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA No action 3a, r Et]A CATEGORICAL EXEMPTION -CLASS 21 Readvertised) Modified iii. CONDITIONAL USE PERMIT N0.2f385 ( (to expire 6/26/96) Initiated by the City of Anaheim, Planning Commission, 200 S. Anaheim Boulevani, Anaheim, CA 92805 LOCATION: 1074 N Tustin Avenue. Property is approximately 1.67 acres located on the east side of Tustin Avenue and approximately 350 feet south of the centerline of La Palma Avenue. Request to consider the termination or modification of Conditional Use Permft N~. 2685 (to permit the expansion of a restaurant and cocktail Sectgons 18.03 091 and 118.03 092 ofthe Anaheim Municipal Code; and Review of revised exhibits for substantial conformance determination. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-71 FOLLOWING IS A VERBATIM TRANSCRIPT OF THE PLANNING COMMISSION ACTION. IN FAVOR: 1 person spoke OPPOSITION: None Roger Diamond. Good Afternoon, my name is Roger Diamond, representing Mr. James Johar, Mr. J's. This ma er is on the agenda pursuant to what, may I ask? Former accusation filed or pleading what is the issue, may I ask before the Commission? Commissioner Henninger. Did you read the staff report Mr. Diamond? l Roger Diamond, I beg your pardon. Commissioner Henninger. Did you read the staff report? Roger Diamond. I read the staff report but what we need to make this a constitutional proceeding is to ave some official notice pleading some accusation some allegation in the form of a pleading the frame to the i roceedingaon the ground that theiCityihas ne/1erf ormerly submitted do my1clientiany formal P 06/26/95 Page 5 ANAHEIM GIT~f PL~-IVNING COINMISSION -ACTION AGENDA JUNE 26, 1995 G accusation, allegation, anything that indicates what ft is the Cfty is seeking and on what basis, unless you can point that out to me we do object to the proceeding. Secondly, we were here this moming and we noted that the Planning Commission was already meeting in violation of the Brown Act because the Planning Commissioners were not seated where they are now seated which is behind microphones where the proceedings can be recorded and transcribed and where the public can get an accurate picture of what actually was discussed. Instead the Planning Commissioners met around the cor>ferencere tiefforthto technicallytry9o devices without any transcripts being made availz~ie in an apps comply with the Brown Act by holding a public meeting but which in reality was not a public meeting in compliance with the Brown Act. It was simply five Commissioners meeting ~ in hush tones sort of rehearsing what the meeting would be like for the afternoon session, and we, with all due respect to the Commissioners, we object to that. So we do have two procedural objections, one adequate notice of the exact Issues before the Commission today has not been given and secondly the meeting has already been conducted this moming in violation of the Drown ~,ct and this is simply confirmation of whatever was decided at the earlier meeting that was held secretly.r B dural ob ectionsnless the Commissioners or staff wishes to respond to that those are my p j Commissioner Henninger. Were you at the meeting this morning? Roger Diamond. Yes. \_- Commissioner Henninger. Ok, ft wasn't very secret then. Roger Diamond. Absolutely, we were all leaning in the first row, leaning over desperately trying to hear what was beiny stated in kinds hush tones. If we had been sitting in the rear of this auditorium, there would have been no need, um there would have been no way that we could have heard what was going on. It is interesting that now for this meeting all the five Commissioners are seated officially behind microphones where their names are actually printed. Where one can actually know why the Commissioners are. Whereas, this morning the Commissioners were seated in an anonym~ws fashion around the conference table, behind the railing so that ft was not really accessible to the public, where nobody could really hear what was going on unless somebody came to the front roll and bent over and sort of heard what was going on. It was very difficult to hear and it certainly was not done in a way that would make the public welcome and be able to hear what was going on. It was obviously done in a way that was superficially an attempt to comply wE'.h the Brown Act but without really providing the substance of compliance with the Brown Act. I was frankly, astonished that this kind of a meeting can be conducted in this fashion. You efther should have been behind the counter, the um, the um, area where you are now seated behind wfth microphones, everybody could hear or you should not have had a meeting at all. It doesn't make any sense, ft sort of like ahalf-way meeting. It's sort of public and ft's sort of isn't, a real subterfuge. We object to that and we also object to the fact that there's been no official notice given, no pleading filed, no accusation and yet my client apparently is at risk of losing a valuable right, a valuable property right, a conditional use permit. He is at risk of losing ft, even though no formal accusation or pleading has been filed specifying what the charge is or what the issues are. J 06/26/95 Page 6 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA _ JUNE 26, 1995 ~.% Commissioner Henninger. Well let's see, it is unfortunate you weren't here at the first meeting that you client attended because at that meeting your dient came and asked us to approve a um, a plan, a revised floor plan for his, um, use and um at that meeting it became dear, because of what your client said that he was not operating the CUP, ah, according to its terms and so thats what we're having a meeting today about to see how we can remedy that. Roger Diamond. Mr. Henninger its my understanding that that was Sammy Johar, Mr. James Johar son who was present at that meeting, is that correct, that's my understanding? Commissioner Henninger. Um, I don't recall the gentlemen's name. Roger Diamond. He is sitting right here, he can stand up, why don't you identify yourself; is that the gentlemen who was here? Commissioner Henninger. I don't recall quite frankly. Roger Diamond. Ok, anyway for the record that is Sam Johar that's James Johar's son. I understand that he did, it is my understanding and correct me if I am wrong that he did come here at a prior meeting, I was not here. It's my understanding that he had filed some sort of an application to modffy the permit `, to allow him to do something which apparently was thought was not allowed under the existing permit. It is also my understanding that he attempted to withdraw that application, uh, maybe staff could help me out here, help the Commissioners out. My understanding is that that application whatever it was that triggered the meeting to which you make reference has been withdrawn, is that right or am I mistaken? Commissioner Messe. I think that is correct, but lets hear from staff. Chairwoman Boydstun. That is correct, but... Roger Diamond. So, therefore what this Commission had jurisdiction over of at the last meeting that Mr. Sam Johar attended apparently what gave this Commission Jurisdiction to conduct a hearing was the application that Mr. Johar's son had filed apparently on his behalf but as far as I know that application was withdrawn, so that whatever was before the Commission last time no longer exists. Commissioner Messe. I believe a withdrawal has been applied for, I don't know that it has been granted, um, maybe our Attorney can straighten that out. Roger Diamond. Sure. 06/26/95 Page 7 JUNE 26, 199a~ ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA 0 Selma Mann, Deputy City Attorney. Yes, thank you, um, I'll like to address the issues. Flrs! the one with regard to the Brown Act, uh the uh, meeting this morning was duly noticed, the public is irrvited to attend, the uh, uh agenda makes it clear of the matters that are going to be discussed are agendized, the matters that are going to be on the Planning Commission's agenda. It's an opportunity for the Planning Commission to ask q;:estions of staff, uh. It's unfortunate if there was a problem with hearing that Mr. Diamond waited until after the ftem was complete. I'm certain that that uh the Commission would have made every attempt to uh, speak up louder or make some other kind of arrangement. If it had been evident that uh could not hear from the audience, uh in any event, the matters that were discussed this morning will be discussed again this aftbmoon. uh, On with regard to notice, there has been notice of this hearing, The staff report was available prior to the meeting•11cWant's regard to losing, uh standing at risk to lose a right, um, I believe the applicant or the app agent who was here at the last meeting, certainly did receive notice of what the Planning Commission's intent was. Secondly, there is no, uh, there is going to be no loss of any rights without appeal um. Whatever decision the Planning Commission makes is always appealable to the City Council within a 22-day appeal period, so that there would be no loss of a CUP, uh, as a result c'i this proceeding in itself. In any event, there was adequate notice; the staff report has been available; uh, with regard to the jurisdiction of this Commission, uh, the the Planning Commission is not limited in this jurisdiction only to matters that are initiated by a property owner or a petitioner. There are also matters that are initiated by the Commission itself and it was the Commission's request that the matter be ;_ agendized for, uh, modification or termination of the conditional use permit when it became, uh, apparent that there was an issue as to whether or not it was being operated as a restaurant which ~_. is, uh, the use that has been approved by conditional use permft. Uh, uh I would appreciate t also if, uh, the applicant or Mr. Diamond could, uh, clarify just exactly who the owners are of the property and the business because I'm not, uh, completely clear on whether, uh, its the, uh, father or the son who is the actual operator of the Mr. J's restaurant at this time. Roger Diamond. Well its my... Mr. James Johar is present. Also, it is my understanding that the father, James Johar, is the owner of the property and the operator of the business. If there is a problem with that, um, we could yo into ... Commissioner Meese. If I am not mistaken Mr., uh, (s it James Johar was hers at the last meeting also ... Mr. James Johar. Yes I came. Commissioner Meese. Yes, so you were here, yes. Roger Diamond. If I just may ask a point of clarification. Is it the position of the staff, that the, that this hearing today was noticed by the prior hewing or was there some official written notice that was given, not just that there would be a hearing but more importantly what the issues are. The due process of things in teUms of noticefoOne of the~requerements of duehproces.c pro ess~ obvQously, s thatle 06/26/95 Page 8 JUNE 26, 1985 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA you be given notice of the day of the hearing. In another word, you have to be told whon the hearing will be conducted at which time your rights might be affected. But, in addition to that, the due process clause requires official written notice of what it is that will be discussed and considered at the hrsaring. So we're not disputing that we dkJ not get notice that there would be a hearing today, ob~~~ously we're here. We know that there was some sort of a hearing. But in terms of the nature of the hearing, what the issues were to be, we don't believe that they were delineated with sufficient certainty to comply with due process at the last meeting. Now the question is, did something happen after the last meeting that would give us adequate notice of precisely what the Issue would be that would be on the agenda today and I'm at a loss to know what written document that would be. We did get a written notice that there would be a hearing but in terms of what the allegation is so we can respond intelligently, so we can subpena witnesses and be prepared. I don't know what the actual allegation is or the accusation that frames file issue that you're gonna be asked to decide. That's what we're not clear of and we think that's fundamentally unfair. As far as the first part about the e~ee~ing this morning, I don't know whether this is being recorded on video taped or whether its just audio tape, but for the record, in case it's just audio tape, we have a table here, down here, between where the audience is seated and there is a railing, a solid railing between the where the audience seats, sits, and the table that has room for maybe, uh, eight or nine persons around it. There's no area for members of the audience to sit at the table. there's no way to partici.. for the audience to participate. There were no microphones as you now have now, nobody was speaking Into a microphone. It seems to me that it was sort of, uh, an effort to superficially comply wfth the Brown Act without really sub... substantially apl... complying ' with Its terms. That's what appeared to me and we tried to interject ourselves and we were told to ~' come back this afternoon. But I saw and I heard Mr. Me.. Mess.. I think is is that how you pronounce your name.. Mess. Commissioner Meese. Meese, yes it is. Roger Diamond. Messe, uh, he was going over what findings should be made, I mean it it's though it were a ress rehearsal for what would happen in the afternoon session. I was shocked, I couldn't believe what I was witnessing. But aside from that, we realty object on procedural grounds. We apparently have a situation where the City is bent on putting my client out of business. Somebody who came to the City before he bought the property in question and was given bad advice and erroneous advice by City officials and that advice and that erroneous advice is continually given to him as recently as last week when he was told by Mr., um, Jonathan Borrago to go ahead and apply for a night club use. He was given the application form and then later he's told by some other staff member there's no such thing as a night club, you cannot apply for that, even though he paid the fee, he has an application form. How much did you pay? James Johar. A thousand. Roger Diamond. He paid a thousand dollars, we have the receipt here and I will offer this into evidence. This s June 21, this is a receipt from the City of Anaheim, receivedUromft athe lastrmeeting whendMri~ two dollars for CUP application. This was June 21, apps Y. 06/26/95 ~ Page 9 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA ~~ Borrego told them that that's what they had to do to make things right to apply for that, so he spent a thousand dollars over a thousaets belyond the procedural stage and I assume it will pause can't really do that and ff this hearing g I assume your gonna follow whatever statement was just given to you that we're here properly and that the hearing is properly noticed to which we object and we're not waiving our right to object but assuming we're here without waiving our right to object we're gonna get into the question of exactly what kind of bureaucratic fiasco my client has been put through the last two years in an attempt to comply with City regulations. Every time he comes down to the City he's told something else by another official from the City of Anaheim. It's been an out.. outright disaster in terms of of GIs ability as on honest business person to conduct and operate a business in the C'dy of Anaheim. ~ And I might say something else on the side and I don't wish to insult you, but as a Rams season ticket holder since 1966, and having gone to Ram games since 1952, and having followed them to Anaheim and having renewed my Rams season tickets ftom 1980 through this year until they suddenly moved. I can see why Anaheim lost the Rams. This is a total bureaucratic mess that one finds himself here in the City and I understand the Planning Commission's position's gonna be, "well, we're just the Planning Commissioners. We don't make the rules and regulations. But ' apparently you guys are out here to micro-manage a restaurant, your out here to tell him how much food he can have in the refrigerator, how much of this and how much of that, This is preposterous how a City this large can get down into a particular business and tell a businessman how much food he can have in the refrigerator, how much liquor he can have, what he can do, whether he can have entertainment. It's an absolute outrage and we're gonna get to that ff we t reach the merits of this discussion. Absolutely preposterous that any City would micro-manage an individual business in this fashion. But back to the procedural points, he's been horsed around for / about two years now by the C o and nobody from the City ise pingtthem. This is not a sftuaton he can do and what he can't d where some City officials say, "Mr. Johar, as a businessman, let us sit down together and kinda reason this through. What can we do to help you? What can we do to get you out of your predicament. What can we do to make your business successful? Instead he's met with hostility-- every City bureaucrat, every police officer, every code enforcement officer, they are out there as President Clinton has said or as other politicians have said, "gotcha"; gotcha", what can we do to nail you, not what can we do to help you, that's the attitude that Mr. Johar is facing with respect to the City. It's an outrage; he's a taxpayer; he's a citizen to be put through this kind of thing is really unnecessary, now lets get to the merits. What is it that the City is complaining about? Tell us now, we don't have no idea what the City's position is, what is it the C'dy's claiming Mr. Johar did improperly? Commissioner Henninger. If you could Just go on hold for just a second. Let me ask staff about the notice. Is this, di we adequately notice this meeting in your opinion. Roger Diamond. When was this, can you Just give us ..... Commissioner Henninger. Excuse us, hold on. Greg Hastings, Zoning Division Manager. 06/26/95 Page 10 JUNE 26, 1995 ANAIHEIM CITY PLANNING COMMISSION -ACTION AGENDA Yes, this was, uh, noticed in the same manner that we would notice any type ~of public hearing. Commissioner Henninger. Ok, so explain, explain that. Greg Hastings. owner as well as to all other property owners within 300 Uh, we send out notice to the property feet of they as wertl asypost the iproperty out fr Wit, n in the newspaper, we have a bulletin newspap Commissioner Henninger. Do you have copies of that in your .... Greg Hastings. Yes, we have, uh uh, copies of that in the file. Roger Diamond. What does that notice say? Commissioner Messe. Excuse us please. Roger Diamond. I'm sorry, I'm sorry. Commissioner Messe. Did that notice indicate what was going to be discussed today. Greg Hastings. Like all of the other notices we send out it does indicate the topic, however, it does not get nto the actual issues or specffics. L- Commissioner Henninger. What does the topic say on the notice. Greg Hastings. To consideof aerestauranit and cocdktail lounge withdwaives ofsminimum numb~of park nig spaces. expansion Commissioner Henninger. Well that's pretty clear and when was the staff report available. Roger Diamond. Why is that clear ... ? Commissioner Caldwell. Mr. Johar, Imeetinn9welstened quietly t yolu and we very much appreciate thatas MrnDiamond handle the 9 I apologize to you two gentlemen. Commissioner Henninger. Ok, so um, when when was the staff report. Greg Hastings. The staff report was available last Friday aftemoon. Commissioner Henninger. Last Friday aftemoon. Roger Diamond. So we have two days notice? 06/26/95 t Page 11 U ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JUNE 26, 1995 Commissioner Henninger. So the the um, really, what Mc. Diamond has saki is that um, that apparently he failed to look at the notice he got in the mail or the notice that was posted on the property or to look in the newspaper and then failed to come down here on Friday to pick up the staff report. Roger Diamond. Your talking about a two day advance notice of of a public hearing when the actual Issues are not even specified in the notice ft simply says there is going to be a public hearing to discuss the CUP. Two days advance notice. Chairwoman Boydstun. Excuse me, Mr. Diamond. Roger Diamond. Yes, Mam. Chairwoman Boydstun. ~~ But, both of the Mr. Johars were here when we held the last public hearing and at that time as a Planning Commission we requested to consider the termination oi' this modification because we asked them about food, we have in April of 1994 when they were in here, we asked about the type of restaurant and everything and we have all the answers that they gave and that ft was going to be a similar restaurant to what ft was. After our hearing last time we did not feel that was so and that's why we asked for this and they new ft at that time. Roger Diamond. Mam I ..., with all due respect to your comments, I believe and I'll just state this for the record so somebody reviewing the record will know exactly what our posftion is. First, the notice itself is deficient because simply disc... generally discussing what the general topic will be is like saying, "I hereby notify you to come to court next week because we're gonna to discuss the general question of whether your guilty of a crime." Chairwoman Boydstun. Termination of a CUP is not general. Roger Diamond. Well, no but then I believe with all due respect, we may have a disagreement here and maybe some other tribunal will have to resolve our differences. I believe, however, that the notice has to say we want to revoke your CUP for the following reasons, one -you are killing people at the restaurant, two -your kicking people at the restaurant, three - you've built a tower 30 feet tall .... whatever ft is, ft has to specif)r exactly what the reason is why you would be considering, uh, termination of the CUP. So, in my opinion, the notice itself is deficient because ft just, ft just ident~es a general topic without specifying reasons. Plow ff I'm wrong and you're right, so be it, but that's our posftion. Secondly, and that that notice was not adequate in terms of what ft described as the issues. Secondly, the notice is deficient in terms of timing. It does not give us sufficient time to prepare an adequate defense to the charge. Apparently, the staff report you're saying sort of filled in the details of the notice that was unspecified. The staff report was not available until Friday, here we ~ 06/26/95 Page 12 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA l~ ..., that was June 23, here we are on I guess Monday, today is June 26, :,o you're saying that basically it's one day advance notice. The staff report is available on a Friday and here we are at the hearing on Monday. I submit that that's not adequate notice, even ff ft was specific as to exactly what the issue is, it's not adequate notice in terms of timing. No court, in my opinion, would say that a one day notice is sufficient under due process. Maybe I'm wrono, but I'm simply protecttem~s of what is actually to be addressed here. nAjsoen adequate notice in terms of timing and in Commissioner Messa. Are you asking for a continuance for two weeks, is that wha'r you're doing. Roger Diamond. Well we need more than two weeks, but we also need written notice of the actual charges. ut beyond that so as to save my client the time and the money of having to drag this thing on, we were hoping frankly to get beyond the procedural problem and have a more friendly discussion rather than sort of an adversarial discussion which is what's been going on so far and peri~aps part of i• `, my fault ... Commissioner Messe. Perhaps. Roger Diamond. Because I am so upset as to what's been going on so far and I am so upset wfth what my c ent has told me his track record has been with the City so maybe I am carrying out my client's aggravation and I'm communicating that and maybe I'm not doing him any good. I would like the opportunity to sit down wfth somebody in the City to discuss the overall stuation. Because I can't believe that the City of Anaheim would want to put him into bankruptcy because two prior restaurants there apparently went bankrupt. He's now or has been trying to operate a restaurant; apparently, hasn't been successful as a restaurant. So he would Tike to more in, perhaps to some other area and as far as the code is concer:?ed, ft would seem to allow him to present entertainment because he has an entertainment permit, something that the staff report didn't disclose to you. H6 has an entertainment permft. He would like to be able to sft down wfth somebody with the City and discuss the overall sftuation. But we're told by the staff member with whom we spoke that he just has a very narrow bureaucratic job -his Job is Just to do this. Then we say what about the Planning Commission, and we're told, whoa, the Planning Commission their authority is simply this ... so we're not given any broad guidelines. There's no human being (n the City that we can apparently sit down with and discuss the overall situation to see whether or not we can make this business a viable business, whatever ft is, whether you call ft a restaurant or a cocktail lounge or a night club or whatever ft is, there's nobody to talk to in thoe a nment,there's no notice and we feel, maybe we're wroc • 5 , we feel that somebody in the City g don't know who ft is, maybe we're paran.,id, somebody is out to get him, we ion't know who ft is, we don't know whether ft's Officer Gandy with the Vice Squad because he has his own agenda about what he thinks is moral for the .... Commissioner Caldwell. Dc you have any facts to back that up before you start accusing people of possibly do ng something. I rather have you, ff your gonna say ft, ff your going to accuse Officer Gandy for example of trying to do something less than fair, could you lay out why or don't say it. Just falsely said accusations offend me and they should offend you, you made a few of them today and 06/26/95 ' Page 13 JUNE 26, 1985 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA I would like to have you to just give us some facts behind how Officer Gandy is doing what your alleging he is doing before you Just throw it out there as a possibility. Selma Mann, Deputy City Attorney. Madam Chairman. If I just may interrupt for Just a moment. We have noted that Mr. Diamond has stated the procedural objections to the objections to the Brown Act. I believe we've began the morning session by just setting forth 'rhe framework of what was before the Planning Commission this afternoon or was to be before the Planning Commission this afternoon and that might be a way to just begin and actually get into the merits of what is before the Commission today. It may also alleviate some of Mr. Diamond's concerns that matters are predetermined rather than having the Commission Just ask questions of staff in the morning, uh .... Chairwoman Boydstun. Were you here this morning when I read my announcement. Roger Diamond. I was here this morning, but I'm not sure, I, i don't think I heard your announcement, maybe I was in the back when your announcement was read, I don't know. Chairwoman Boydstun. No, I read an announcement at every meeting, every workshop or meeting in the morning which spells out what we're doing, why, and when we will take pu.. public testimony. Roger Diamond. ;_. I arrived after the meeting began, but before our particular matter was on the agenda, so ... Chairwoman Boydstun. Then you weren't here when we started and you obviously missed that, would you like me to read ft again so you understand how we work. Roger Diamond. I have no ... Commissioner Caldwell. We'll be giving him a copy of that that would suffice ... Chairwoman Boydstun. Ok, give him a copy of I:, Greg. Commissioner Caldwell. Is it possible to move this along. Selma Mann, Deputy City Attorney. I believe that, uh, what we indicated this morning was that the only thing that was before the Commission and, I would include the, well, the only thing that is before the Commission is the consideration for mociffication or termination of this condtional use permit for a restaurant with an accessory cocktail lounge. The basis for that was the previous hearing, and the information that was given to the Commission at that time, as well as the information that's provided in the o aisle report. And then based upon that, this hearing was called to determine ff it would be app p to modify or terminate this conditional use permit for a restaurant with an accessory cocktail lounge. The basis or the potential basis for modffication or termination of a conditional use permft are stated in the staff report. ~ 06/26/95 ~ Page 14 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA I believe that the recommendation is not for termination but rather for modification of the condftional use permft to ensure that the opeaih n ABC lice se that~the restauac t has. t I believe original permftted use and which is, of course, e, that the changes in the condftions are to emphasis the requirement that this be a restaurant rather than a night club or a cabaret-type of business. This is unrelated to whether ft's asex-oriented business or whether ft has entertainment or does not have entertainment. Those are different processees of the Cfty, and we are not dealing wfth those. You know ft can be a restaurant and have some entertainment. You can be a cabaret and have some entertainment, I mean those would be some separate issues. The only thing that the Commission is looking at today is modification or termination with regard to operation as a restaurant and the the focus would be. Commissioner Messe. Which was the original condftional use pemtift. Selma Mann. Which, which was the original condftional use permft, uh, when the uh, the restaurant was nown as Bessie Walls. Roger Diamond. May I ask a question, um, from maybe the staff has the answer to this, maybe not. he mentioned a cabaret, why why can't my client be a cabaret, why is ft that the City is interested in the balance between the food and the entertainment and the alcohol, what is to prevent my client food cannbe served,tuh, whatftis preventingemy client f otm being a oabaret? g as a cabaret where .i ~- Chairwoman Boydstun. From the beginning on the CUP from back in 1994 they have said they were going to be, t ey were not proposing a night club at all, he was instructed by his client to upgrade the vintage of the building to cater to the requirements of a prevailing market. They're definitely facing some difficulties and he was asked 'rf they were, ft ft was going to be a night club and he said they were not proposing ft at all. Roger Diamond. My ,;;:9stion is though, forget about what happened in the past, times change, businesses c ange, sometimes you try something and ft doesn t work, you want to try something else. What is legally preventing you from modifying the condition that was originally imposed on the CUP on the prior would~likeWO know that~f omt'modifying the CUP o allow ft torope ate asoa cabaret?nothing and I Selma Mann. Madam Chairman ... Commissioner Caldwell. This hearing. Roger Diamond. I beg your pardon. Commissioner Henninger. No one has ever asked us that ... Roger Diar md. I beg your pardon. 06/26/^5 Page t JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA Commissioner Caldwell. our catchin u to us now on what's going on, This hearing, the reason were having the hearing, y g P is that correct. Roger Diamond. Weli, no, but my, my understa ... Commissioner Henninger. No one's ever asked that of us. Roger Diamond. Excuse, me, my my understanding ••• Commissioner Henninger. Wait, the question, the answer to the questior+. is that no one has ever asked us, asked that. Roger Diamond. Well, I was ... Commissioner Henninger. Your client and you have not asked for that. Roger Diamond. Well they have .... Commissioner Henninger. this permit, everybody has said this is la restaurant and so thatts'what you asked for our client n Commissioner Messe. Are you representing a restaurant? Roger Diamond. I'm representing a client, Mr. Johar, that my client is an individual who owns the property an owns the business and I'm here ... Commissioner Messe. And what is the business. Roger Diamond. ri ht now it a pears to e a Um, I don't know whether you can pigeon hole a business now, g P restaurant with a cocktail lounge because that's what the existing CUP allows, but if you have jurisdiction to modify the CUP, my question is why is it apparently, maybe I'm wrong, that you feel your limited into modifying it in such a way as to make sure it is a restaurant, when, in fact, maybe the appropriate thing to do would be to modify the CUP to allow it to be a cabaret. And I'm asking is there anything that would preclude the City Planning Commission or the City Council from modifying the CUP to allow it to be a cabaret? If, in fact, the Planning Commission's view is that under the existing CUP, ft cannot be a cabaret, assuming that that's the case, what would prevent you from modffying the CUP to allow it to be a cabaret, is there anything that does that? Commissioner Messe. Well lets ask staff ff its a permitted use within that zone. Selma Mann, Deputy City Attorney. nitiallmwehgiet input from the appliicar~tand f om anyone else who may be hereto testrfy one a ~ ere Y 06/26/95 Page 16 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JUNE 26, 1995 particular item. Close the public participation portion of the hearing and then have questions from the Commission and at that time it's appropriate to have, the, any questions that have arisen throughout the hearing answered by staff or anyone else and to have the discussions of the actual mere, uh, ra..., as opposed to Just having the input of the individuals who are at the Commission hearing. I think that things have gotten sort of turned around because of the, uh, the tenure of the initial testimony here, but ff we could get that back on track, get the testimony ftom the applicant with regard to what it is actually that they are, uh, presenting at the establishment at this time. Wfth regard to the issue before the Commission which (s whether this is a restaurant with a cocktail lounge which is the only thing before the Commission today. Uh, if there are questions to go ahead and address the questions to the Chair and then the Chair may, uh, later after the close of the public participation section of this meeting address those questions to staff. Roger Diamond. With all due respect to the member of the staff who just made that answer, I think that's an unduly narrow, restrictive, bureaucratic response to a legitimate question posed by the Attorney for the owner of the property who has been given conflicting information for the past two years, as to what he can do, what he can't do, what he should apply for, what he should not apply for. And as I said, I'm holding here Exhibit A which Is the thousand dollar thirty-two.. thousand thirty-two dollar receipt that he paid because some member of the staff told him that he had to do a certain thing and ii turns out maybe he can't do that. So, rather than being chased around and having to come back over and over again, if we can Just get a straight answer to that question, we would go a long way tow... towards solving a problem so that you can get on and hear other matters. ~~__ We would like to know whether or not you can modify the existing CUP to allow fe to be a cabaret. I understand that in the past somebody may have said that it was going to be a restaurant and that the CUP was given in that area, bul I'm simply asking fl you can modify the CUP, can you modify it to allow it to be a cabaret type restaurant where food can be served, but entertainment can also be provided. And the reason I asked that question is that the staff did not disclose to you that my client does have an entertainment permit, now apparently that permit was issued by, I guess, the License Division of the City and not from the Land Use Division of the City. But again that highlights the problem we're facing here and it highlights the problem that many businesses are facing in California and why many are leaving the State because there's so much bureaucratic regulations, so many conflicting regulations that a business person cannot adequately and intelligently plan what to do because he's met with different things from different people. In this particular case, he has an entertainment permit. We would like to know whether or not that permft would allow him to be a cabaret, have entertainment and also provide food as a restaurant, thats all we're asking anti we cannot seem to get an answer. Commissioner Messe. Why don't we wait and, uh, see iF anybody else wants ~o speak to the issue. Chairman Boydstun. Weil try to answer your question, is there anything else you want to comment. If not let's see if there is anyone else in the audience. Commissioner Messe . Are you done, Mr. Diamond. 06/26/95 Page 17 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA Roger Diamond. Uh, probably, but uh, I just think that we, sometimes the government loses sight of what the rea goal here which is to allow businesses to thrit-e so long as the public Interest is not harmed and sometimes the government simply losses sigh of that and follows regulations blindly or it has an agenda that it doesn't disclose and thats what also makes it difficult. We don't know, as I said, whether or not there's somebody behind the scenes whose calling the shots here, but anyway, uh, Mr. Sam Johar or Mr. James Johar please feel flee to take over. Commissioner Caldwell. That's another accusation. Roger Diamond. And, if there is any questions that I can answer later, I will be glad to try to answer them, an again, I apologize if I came on real strong but it's been bobethe attorney. tilde can't blamenthe hope that Mr. Johar's rights are not affected in anyway, Y Y client because of the attorney, thank you very much. Sam Johar. Good afternoon, uh, Commissioners. Hi, my name Is Sam Johar and I speak for my father, J m Johar, who is the owner of Mr. J's restaurant subject to this public hearing. You'll have to excuse me if I am a little bit nervous, like I was last time but I am getting a little more use to this as time goes on here, um. The last time I was in front of you it was because of our request to relocate the posftion of the bar from the east wall to the north wall, a simple matter we assumed. This ~_ body, this body did not decide instead. Asked for afour-week continuance, no one on May 31st at the meeting mentioned that you will be trying to revoke or modify our CUP. I found this out a couple of days ago when I got a letter in the mail was stated to us ..., I'm sorry in my fifteen years of business with my father I never had the the pleasure of speaking in front of a body like this so, please bear with me, um. Like I was saying, we found this out Just a couple of days ago in the mail,si~tehde mdall and politically and racially mot ated action that hasibeen takenhon by the Citya~y unju P Sam Johar. On the issuance of revocation or modification of our CUP, we read the staff report, m sorry, w have read the staff report all weekend and without benefit of legal counsel till we Just contacted Mr. Diamond recently pertaining to this matter. We learned that the City staff did a real Job on trying to put us in a lose-lose situation. It is our position that the readvertisement of our CUP is primarily based on two reports that are attached to this staff report. One written by Mr. Bruce Freeman, Senior Code Enforcement Officer and the other one written by Sergeant, Steve Walker of the Anaheim Police Department. We feel that it is a crying shame, that Mr. Freeman's report contains nothing more than comments usually used by restaurant critics in the Orange County Regnot wish for anyone totdictate our menuior to Irus where to put our silverwarehel would like to do discount Mr. Freeman's report, all together. Sam Johar. incidents discovered by alleged ABC investigaton;~phm not famrillarhwfth Sergeant Walkerts ~ 06/26/95 1 Pcge 1 S JUNE 26, 1985 ANAHEIM CITY PLANNING COMMISSfON -ACTION AGENDA ~J credentials, but I am fairly sure he does not hold two full-time jobs, one with the Anaheim Pdice Department and one with the ABC. This report fails to mention how he gains such knowledge and that he is so fteely willing to use to destroy our business or ff he has personal knowledge of such reports to be true or ff he is willing to testffy to oath as to the completeness of such truth. Such hearsay statements lack legal value and should be discounted by the Commission. paragraph four refers to irnestigators responding to reports of topless dancinghisiparagrdphetyho may dislike us can pick up the phone and make any such allegations of this, should also as well be discounted unless orally presented by the undercover officer who supPmattr with Code E rcementllDepartmerrt as well as otherdofflcials as Mr. JimeGandyito assed this complete and final understanding. paragraph five refers to investigatio h ~ Viers toandischaraetof firearms wh chtto thishdateahas occurred at our business. Paragrap g puzzled us as well as other concerns, there was, according to witnesses I had spoke to that a person fired a round ftom his car while driving northbound on Tustin Boulevard, since we feel that this was a rare incident which we had no part in or control of. It seems very unfortunate that Mr. Walker feels jusCrfied to use it In his report in order to damage our business. If any one such incident such as the proper justification for closure of a business, then the White House in Washington D.C. should have been dosed many times over by now. It seems that the Anaheim Police Department is more aggressive aessiive thangthesguys wha didethe shooting tohus.hooting, I'm sorry let's correct, being more agg Paragraph 7 refers to the location of our advertisement in the Orange County Register and to other entertainment businesses, next to other entertainment businesses for the, I'll start over please. Paragraph 7 refers to the location of our advertisement in the Orange County Register next to other entertainment businesses, the reason for our location of our advertisement is that first of all, there is really no place for an everyday ad for dining and entertainment businesses and we feel that the last page of the sport section is a very logical place because Stied a condition ast read sections of the paper. I am surprised to see that the staff has not sugg to in which page of the newspaper I can advertise my business in. Based on the premises of this rep have c stomersocolming from iWest Hoilyvrood9hatnwou d probably make us a gay bareven 'rf we paragraph 8 warns the Commission of the similarities of our names between Mr. J's in Santa Ana and the Mr. J's in Anaheim. We feel that this is a blunt case of guilt by association. What happens in Santa Ana is totally irrelevant to what happens in a inhsiat Mr. J's when theytmade Planning staff had absolutely no personal knowledge of happ 9 their representations or recommendations but they completely relied on the Code Enforcement people, Police Department reports for the basis of their recommendation. It is obvious that these reports have no substantial basis and are mere hearsay speculation and innuendos. It makes for an to fit its cioliticstoetirac saof the day, defense call that law dejure~acity to mold and shape the law P ahsex-oeientated businesskor vholates any Anaheim Muni~clpaloCode is an irony.~ln light of he fact 06/26/95 Page 19 e.~wucnu [_~TV PLANNING COMMISSION -ACTION AGENDA JUNE 26, 1995 that the City has fumed its blind eye to the operation of Fritz, thats to... ,located at 710 E. Katella which has been operating an illegal around the dock topless bar. We feel that ff our name sounded a Ifttle bit more like Fritz, it would probably sound a little more friendlier to the City. It would not surprise us ff the City of Anaheim staff did not stop at this stage to destroy us and call the Immigration officials on us because after all in their eyes we might be illegal aliens or even cal! the FBI on~iime we wilgl be int fontio this honorable body orbtohisbCiry Counlcil As you know this is not the y Commissioner Peraza. Sir, I'd like to hear the rest of this but your being ridiculous, lets get onto business, o. . Sam Johar. I'm merely trying to finish my statement here sir. Commissioner Peraza. Well, you're being ridiculous. Sam Johar. a ellhi 9 Ip ~ land I was not ab a tocommunicate proiperly becausas here I didn't ave Commissioner Peraza. Well, I don't think your communicating properly now, I think your being ridicu ous. ~_ Sam Johar. I'm sorry, could you not hear me, could you not hear me. Commissioner Peraza. I could hear you, but your being ridiculous wfth your final statements. Sam Johar. Well, I'm just trying to basically show that we feel that we're being discriminated against, s r. Commissioner Peraza. I don't think you are being discriminated against. Sam Johar. Well, If If, I may just be able to continue, sir, I don't have much furt er to go. Commissioner Peraza. Go ahead. Sam Johar. Thank you. Please consider the fact that being in the Redevelopment Area or exercising our rig is to the limit should not be the reason that this Commission consider to damage us. We object to restaurant which is fam iorehexpanded an bee rictNe thanzthe one in tie Anaheim Municipal dote a j 06/26/95 ~. Page 20 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA feel a nexusoas to why no other r~estauirant whose name is not Johar will h ve to be governed by t the same rules. We also like to object to Condition #2, the City of Anaheim Code Enforcement nor the Police Department is trained to legally qual'rf'ied to read, understand or interpret accounting methods required to undertake in the task set forth in Condition #2. Additionally this condition is also a copy of the one used by the ABC which the City to the best of our knovuledge has not event ~ against anyone else particularly, particularly .... the restaurant, I'm song, there is no apps attempt by the City to revoke or modify their CUP. We object to Condition #3, to set forth an expiration date for our CUP, expiration of this CUP for a re> ~m iou hie c early depicts rac al bias agal nst~usbalutomatbc term nationdof this CUP would d co g render this building totally useless. We object to Condition #4, that subjects alcohol license not ba exchangEd for a different type. We object on the ground that such exchange will require a new public hearing and that would be at the discussion of the City Council. Such discriminary, punitive and arbitrary condition clearly depict the City's existing hostil'dy against us. We do not object to Condition #5. We object to Condition #6, which prohibits pool tables or coin operafedt v trying t isreformkius toss ~- no nexus or normal ope erm'nts ana business t have up to four such games as permitted be. Currently, the City p Y accessory use by the existing business. We also object to Condition #7 because this acts as a trap by the Ciity's Code Enforcement. It is arbitrary and lacks standards to judge and govern such condition. As a restaurant defined by the City of Anaheim Zoning Code, we have sufficient food preparation area which is 25°6 which qualffies us as a restaurant, which would qualify us as a restaurant. Any additional custom made conditions act as intentional unnecessary and aimed at us to destroy our business. The C'~ty's Code Enforcement or Police Department or even, the City's Code Department or the Police Department nor the Sanitation Department has reported that the meals are not available at Mr. J's, we have an extensive menu and meals are available according to the ABC's rules. Additional rules for the availability of food in a service needs a code amendment to cover all restaurants in the City in order to be legal. I'm sorry and I am about to rap it up, this is my closing argument, right here, I'll be out of here in one second. Please judge us fairly that we are a restaurant with a cocktail lounge and entertainment permits us for dinner and dance permits. The fact that our choice of shou dinote excuse me actually thatsegonna do it for me. gThankhyou. different than yours, you Chairwoman Boydstun. Is there anybody else that wishes to speak to this project. James Johar. 06/26/95 ~~ Page 21 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA ~_ Good afternoon, my name's James Johar. Uh, all I want to say is that 1 just want to be equal Uke ff you, ff you give me the public everybody else in City of Anaheim, here. I don't mind ff you, danca with uh able to cover to have the cover charge include the food business there, I will be happy to stay there. But, uh, without uh, public dance and the cover charge, there's no way for me to make this place go in here for food business by itself. That's why I came here and I ask you guys ff you, ff you please, ff you give me the entertainment Ifrense and this way, you know, at least I manage to work with the food business here and that way I balancE, that way I'm able to manage Mr. J's., but without, uh, the entertainment and without, uh, the coverage charge and wRhout public dance there's no way for me to make it. Now, ff you're not going to gNe me this here I got to go for a different solution whatever the laws going to require, whatever its going to take I got to go there. And the reason for that is be alone, got big Investment here, I ha ..., I spent so far over a million dollars just just for the property the building, the business costs me another six, seven hundred thousand dollars, plus the license, plus the kitchen equipment, everything so so I have a big investment here there's noway for me to just get out, I got uh make some money here. If you want to put ort oS pieasenall I'm ask ng it's a big big uh big problem for me and I do have big family to supp to be patient, to be equal with everybody else, I'm not asking fl~m not here to to pause noiharm just to be fair with me and I'm not here to make any problem, for l'm of to ng to say anything elsenl leave it up to you. Thank youve my investment over here, so 9 Chairwoman Boydstun. y Thank you, is there anyone else that wishes to speak. Steve Fears. Yes, how you doing today, I'm just coming as a friend of Mr. Johar's, a business, uh mysel u , I'm a, I'm a wholesale car dealer. Chairman Boydstun. Name and address. Steve Fears. STEVE FEARS. Chairman Boydstun. Pardon. Steve Fears. STEVE FEARS, I'm from Laguna Hills, Calffomia. Chairman Boydstun. Spell your last name. Steve Fears. FEARS. Steve Fears. I just uh know that uh Mr. Johar and his son has put a lot of into the building and to try try o make a valuable business here and they just need some definition on what they can and can't do as far as the dance permits, as far as, you know, the 25% being a restaurant, 25% being a food, I mean, it's hard to say, um, ff your gonna do it on a daily basis you gonna come here and inspect 06/26/95 Page 22 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JUNE 26, 1885 ~; them ff they only did 596 food business on that day, is that a violation. I mean they they seem to be at a lost at what they ca... can and can't do here and that's what they're really looking for is a guideline of saying ok, we can do this or we can do that. And I just know that he's put a lot of money, a lot of time and a lot of work in the business and uh he's looking for direction and help can't do, um and he's from the City is what he's looking for and to be real clear of what he can, just looking for you folks to tell him you know the right way to go about getting the exact permits that he needs and uh he's had some confusion in getting the right permits and um I Just would like to see him get ft cleared up because it's real frustrating for him. Thank you. Chairman Boydstun. Is there anyone else? I'll close the public hearing. Commissioner Caldwell. Um, I know why I want to hear this again, and I'll Just speak for myself. When I approved this originally and we were all tickled to death that Mr. Johar, his son Sam had come in and we're going to reopen Bessie Walls as a restaurant, a place we can take our families and that's what I believe that I voted for and in looking at the conditions and the issues that surrounded that application and that conditional use permft, that's what I believed I was voting for and I and to this day I believe I voted for that. There is some evidence in front of us today, um, that t~•~lre may be another use at this time, ft may be being used somewhat differently than what we originally voted for, um, that's why we were going to have the hearing to find out. If that was the case or not nothing to do with anyteciate you other than that issue period. I'm offended by some of the reasons you guys said, I app getting up and being rational, Joe, and just telling us exactly how you feel you have an investment, you're trying to make the place work, we're citizens and business owners in this Cfty. Believe me, is the last thing in the world we want to do. So, let me finish. I, It appears to me and I'll like ff that's the way we're going to go, is, I hope that you guys will ask for a continuance, do ft pretty quick, review this process, review the original conditional use permft, come back and tell us what you're going to do. If you're operating under that original conditional use permit, we're just reviewing ft. If ft's not the same we need to, like your attorney said, we need to modify ft or terminate ft whatever the case may be, I can't say what the Commission will do, but that's what I'm here today to do is to have a hearing, listen to the facts and move forward from there and so if there is going to be a continuance, you need more time to review ft then please ask for that and leis go on and lets not, lets not yet, excuse me I'm not... and lets lets not get get all the wash and all this innuendo and half *.ruce and accusations of racism and '.sings, I mean gosh fellows thats demeaning is out where not .... James Johar. Can I say something, can I say something? Commissioner Caldwell. Yeah. James Johar. 0~~/26/95 Pays 23 JUNE 26, 1995 ANAHEIM CITY PWNNING COMMISSION -ACTION AGENDA When I originally bought Bessie Walls I came here, Clryour not ftoinoto have no probiemawith tt ~t I'm not allowed and everybody told me this time, hey, y 9 9 all kinds, all kind of information location. The Planning Department gave me, gave me, all kind, I'm allowed to have over here, you know a restaurant, a -tlght dub, uh, for foi did askp Yolu know, not going to have problem because uh because I did mention this quEStion, we're ~ ~ th 9 awafromrthlethis so that's why I want and Itpu chaseh~pu chased this p operry away here. Whei~ we came here, when wh...wh...when we took our permit all of a sudden we receNed some call from from uh from the City here we have to be here, after we demolished half the building and I askr:d, hey, what the problem here and said well you guys you have to meet the Planning Commissioner, i said ok what uh wats the problem now. I did ask the Planning Depanrte ~ it~lay'Id them look we, uh, receNed this letter here we have to meet witou ai~eady demolished half of the what wats going on. And what I heard if I say anything else, y building your going to slop your not going no where, so we have to just say, you know, ft just... alone by self I said, but what what about if you dow..down the road I mean something come up. said o.k., I don't have no choice I already demolished half of the building so so we're going to try to lose, I mean, keep keep Mr. J's... Commissioner Caldwell. Joe, if somethi ~g else comes up, if something else comes up and you can operate the bus Hess differently then you come back .... ~`v James Johar. Let me finish .... Commissioner Caldwell. ou have a change in use and you want to modify your Then you come back and ask us that say y I think that ff you need more time we sffouid do CUP, that's all and that's what were do~inne~t'me... that so you guys can come in preps I did try Bessie Walls, here, for our, James Johar. Please, ca... can I say, can I say, can f say something else, five month. I lost hundred-twenty thousand dollars for four month, my ?~tal sale was for food businesU auoS zl e t m°e to stay in businesis, and Ihaltready purch..n~~cuse Imelone. So how do you, yo g y P Chairwoman Boydstun. But then you need to come for a change, 'rf you want to change it .... James Johar. That's why I came, I ask for an entertainment license and I took the entertainment license, reciate very happy and I said these people really fair people here, ft's good people. I was very app to what I did and thwdh tland I thought what9m doings m~do ng legal.o Itnever did anything like license, I'm happy nudity, you guys, you, you mentioned something about, uh, oriented business or something II e thie dancetl Inm lean, daytime, with noh Itmlean, the top on.YEverything,lfinean, just reglulard egula~n 06/26/95 Page 24 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA dancing, bikini dancing with the food business, our food business picked up, our I mean our, uh, I start making my bills, I'm not behind li.. liquor sale to pi... picked up. Now I start balance, i start, lease, to be fair my taxes, I start paying everybody and that s what I m looking for ail I m asking, p and just treat me just like everybody else, treat me just like the uh, the uh, the Foxfire from me, treat me just like any Black Angus, that's what I'm looking for, just to have the public dance and coverage charge with my entertainment license here and the restaurant and I sign for any, any agreement, I'm not going, I'm not going have ..., i mean anything else. I'm not going to do anything illegal, I'm not, I don't care about topless, I left my other place topless, because ft's topless. But to you guys are going to enforce me, i don't have a choice, I got a suitotectmy make whatever I have to do, to at least protect myself here, protect my business, p money, protect my family, that's all my savings money here, that's all I'm going to say, I'm not going to say anything else. Thank you. Commissioner Henninger. I, I would like to ask staff some questions, uh, so we have a restaurant and a CUP for a restauran entertainmenttpermitsl wha a~e the conditions that are associated with them? remind us about Greg Hastings, Zoning Division Manager. I'm not really certain what the conditions are since that's an entertainment permit is granted by the City Council. Commissioner Henninger. What's allowed, what's allowed by an entertainment permit. .~y Greg Hastings. I would need to check. Commissioner Henninger. Code Enforcement, answer that question? Bruce Freeman. Mr.Henninger, Bruce Freeman, Code Enforcement Division. Entertainment license is requlr to, uh, conduct an entertainment permit or to have an entertainment permit there application stipulates that they identify the type of use that they are proposing that, uh, entertainment permit does not go before the Code Enforcement Division and is normally handled through the Police Department as well as the Business License Division. Commissioner Henninger. An entertainment permit is something that can be sought by a restaurant? Bruce Freeman. That is correct. Commissioner Henninger. Is it different than a nigh club? An entertainment permit is not how we permit night clubs in t e City is that correct? Bruce Freeman. That is correct. Commissioner i-Ienninger. How do we permit night clubs in the City? 06/26/95 Page 25 JUNE 26, 1995 ANAHEIM CITY ;PLANNING COMMISSION -ACTION AGENDA Greg Hastings. That's probably more of a zoning question, uh, there is a code provision that you will fin n commercial zones and I believe it is even in industrial zones with the exception of the Canyon Industrial zone, which this is in, those are all done by conditional use permits we have them throughout the City that have boon approved and those are considered separate or different type of use than a restaurant. Commissioner Henninger. ~Jk, and then I guess we also in places in the City we allow, um, adult entertainment. Greg Hastings. That's correct. Commissioner Henninger. And, how do we allow that? Grer Hastings. Uh, we have an ordinance which, uh, requires that there be certain locational requirements me , uh, in terms of geographical location in the City and distances, uh, from other uses. Commissioner Henninger. I see Commissioner Messe. Could we ask the Police to describe the entertainment permit process? Tom Engel. Investigator Tom Engel, from tt~e Police Department. I'm kind of a fill in since Sergeant Walker is on vacation, I, I would have to actually get one in front of me to read it. But it has to be filled out and sent forward to the Vlce Detail and at such time we will aeview with the applicants information he's provided and make a recommendation based on the AMC sections that apply to it as to whether or not its valid and then it goes on to the Building Division, or excuse me, the Business Licensing. Commissioner Messe. And are you familiar wfth, in this case the entertainment permit that was issued? Tom Engel. To the best of my Knowledge, there was not an entertainment permit issued to Mr. J s. Commissioner Messe. Thank you. Selma Mann, Deputy City A«orney. I believe that there, If i could lust step in here a little bit because I think our office, the City Attorney's Office was somewhat involve in that, that there was an entertainment permit issued to Mr. J's, uh,l think that some of the confusion has come En because there was a separate uh, the Sammy, Sarn Johar the, the son, uh, application that was made earlier this year by, I m for an indicating that he was the new owner of the business and that he was app y g it'st myiunde standi g, uh,ithat there ishansenteertainment petrmft onn uhi for the businessmuhn TBe ~ 06/26/95 ~ = Page 26 erueNFUU CITY PLANNING COMMISSION - ACTiON AGENDA JUNE 26, 1985 entertainment permits are governed by, uh, Title 4 of the code and actually the entertainment permits for a restaurant would be in Chapter 4.18. That process is, uh uh, sort of spetlred headed by the Business License Division, in t1~ you know.., there is specific requirements for providing entertainment, uh and uh uh, the applicant uh, puts in an application, you know, describing what it is their going to be doing and, uh, I believe that the Business License Division then obtains input ftom the various departments with regard to the entertainment, uh uh, permit application, uh, and then, uh, based upon that, uh, issues or or doesn't issue a, for example ff there, ff there's anything that would prohibit entertainment or something, uh, in a particular location, that would be, uh, one of the comments that Zoning would have at that time. Commissioner Henninger. And Selma these entertainment permits are something that is sought by a, by a restaurant? Selma Mann. A restaurant may seek an entertainment permit. Commissioner Henninger. Who else may seek, uh, entertainment permit'? Selma Mann. Uh, a cabaret may seek an entertainment permft, a bar may seek an entertainment permft, uh, I think that... You know, it's not exactly the area of, uh, of the City that, that I, that I work in regularly but, uh, it's my understanding that for a public assembly entertainment other than just an a very occasional basis where you would have a special event permit that you would be required to have an entertainment permit. You know, there's very limited exceptions, you know, ff you have, uh, I think a dinner dance permft or something you can have the entertainmE~ t, uh, you know like the music for the patrons without having to get a separate entertainment permit, but, uh, other than that if your going to have entertainment in an establishment, you know, you you get a permit. Commissioner Henninger. Do we have a ~ ~y of the application, uh, for the entertainment permit that was given to the City? Roger Diamond. I have the permit itself, it's atwo-page letter dated November S, 1994 from William A. Sell, Treasury Manager, to Mr. Johar, it says, uh, attached is the entertainment permit for Bessie Walls located at 1074 N. Tustin, Avenue., Anaheim and then they grant the permft and then pose some conditions. This is the letter, now I'm not sure whether there was a separate permit along with the letter, but I have a copy of the letter itself. Commissioner Henninger. My r;uestion is the application as to what was applied for, in other words, what type of entertainment was applied for. Selma Mann. Madam ... Roger Diamond. 06/26/°r Page 2'T JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA I don't know the ansNer to that question, I do know at the bo~tom, Item 9 it does say the entertainment will be, it says the entertainment will be restricted to that whi V was de e S ~ and the original application to wh... variety show, mkJdle eastern belly dancers, eggs typ ethnic music, that's Item 9 on the {etter that I just read ftom and your certainly flee to look at this letter. So the problem we have is that there are different parts of the City that seem to regulate different parts of the business so he has an entertain e~yPe othe Part of the City namely the ethnic music, middle eastern belly dancers, yet apps zoning pact apparently takes the posftion that if entertainment is permitted somehow that eliminates the use as a restaurant use and triggers some other zoning .... Commissioner Henninger. If, if you would sit and listen a little better ... Roger Diamond. I beg your pardon. Commissioner Henninger. beta se~hat's where I amitrying to go andryour not uuh your not tletting that comeroutem s Roger Diamond. Well, the question was ... Commissioner Henninger. Because, so please sit down and listen. Now, uh, so the problem we have is that, that uh, t ese gentlemen have a permit for a restaurant and they have an entertainment permit, uh, and so the other part of the evidence is that they have, that they have not been operating a restaurant, a - bon~ide eating establishment and the staff proposal is to put some conditions in place that, uh, ensure that, as I understand that that's the staff recommendation, that's one part of the problem. The other part of the problem and this comes out of the Police report is that,um, they have not been, um, been operating the entertainment within the bounds of what is allowed in an entertainment permit and ff I can just for a moment be graphic they've had some people out there that have been showing their, women who have been showing their prNate parts to the customers and, um aSo isthat staff fis that a correctstatemlent ontwha9the issues are? The, theireco der doesn't pick up your head shake. Greg Hastings, Zoning Division Ma~~ager. I think from a zoning, point of view that's correct, obviously we have people from the Police Department, Code Enforcement .... Commissioner Masse. From the zoning point of view we are not the grantors of the entertainment permit and if that is t e issue that is not being, you know, legally abided by, uh, is that a police issue, is ft a Business Licensing fssue, uh, do they look to us to do something about it? Selma Mann. Deputy City Attorney. No, they would not look to the Commission for that, that's why I did ~ s not d lealingywith any know, that this is not dealing wfth any sex-orien ced a pn clarrfy sosme of the confusion although, entertainment permit issues. I think that perhap.. + 06/26/95 ~ Page 28 JUNE 26, 1885 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA (~ uh, it appears that you know there have been ample copies of ordhet the issue that is before the uses that are avowed in the zone, however, I do believe that, uh, Commission is modffica+.fon or termination as to whether or not it is a restaurant with accessory cocktail lounge or not and ff it it appears that, You know, there have been moves away from that. I believe also that there is additional evidence that is uh, to he presented by staff from the Police Department, uh that uh, may answer some of the questions rt~at were being asked by Mr. Diamond earner about what the difference is between having a restaurant, uh and having a cocktail lounge, a bar. Commissioner Henninger. Let me just, so the Issue we're dealing wfth is we have a CUP for a restaurant and the staff recommendation is simply to add some conditions that darffy, uh, the definition of what we mean by a restaurant by putting some operational, uh, conditions here. And, um, one of the comments we've heard is that these are unique conditions, that they never been used on any other restaurant in the City of Anaheim, um, and that doesn't square with my memory. I think I've seen these conditions before and we've used them before, um, can anybody have any specific examples, can you glue me a couple of CUP numbers? Commissioner Bostwick. I think the Foxflre, is a good example of ... Commissioner Henninger. Yeah, we did that with the FoxBre, didn't we. Commissional Bostwick. Your dam right, we did. J Commissioner Henninger. Just a couple of weeks ago, and they accepted that. Commissioner Bostwick. Yes Commissioner Henninger. Because they are a restaurant. Commissioner Bostwick. Yes. Commissioner Henninger. dk, um, so there's one example, I know there's others, these are not unique conditions, uh ... Sam Johar. I Just want to say one quick thing here that to our knowledge there is absolutely ro evidence o any nudity or any females, or what have you, showing their prNate parts ... Commissioner Henninger. We're not talking about that. 'oam Johar. I, ok, I just, because, I'm sorry I heard you mention ... Commissioner Henninger. Well, there's a memo, uh, actually there is a memo in the .... Sam Johar. 06/26/95 Page 29 JUNE 26, 1995 ANAHEEM CITY PUINNING COMMISSION -ACTION AGENDA Weil, referring to that memo I Just warned to point out that there is absolutely no evidence pertaining to that. Commissioner Henninger. That memo is evidence. Sam Johar. Thank you, sir. Commissioner Messe. That memo is testimony. Chairwoman Boydstun. That memo is testimony. Commissioner Henninger. As part of the staff report. Sam Johar. It's never been proven to us, we had absolutely no knowledge of ft so we we just wanted to c ... clearly state that, thank you. Commissioner Messe. So we have the recommendations. Commissioner Henninger. Yeah, and ! think. ~ think these are ap,'+.ropriate. Commissioner Messe. Earlior, Mr. Diamond said that I was looking for findings or something this morning, dur ng our public workshop. Actually what l was doing is on Item 2 on page 7, I was asking for clarification of,~ma~ ~ non ess9requently thanhonka quarterly basise is thatthei wtording we came up with? su Chairwoman Boydstun. Yes Commissioner Bostwick. Yes, said records shall be kept and summarized ... Selma Mann. That was clarification of the language on a proposed condition. Commissioner Messe. Right, ft had nothing to do wfth any findings that I was looking for, ok. Commissioner Henninger. Well, I guess my sense is that, uh, you know we had the last time, um, these gent emen we here, uh you know, we talked to them about this Issue of whether this was going ty be a that the restaurant or not and they assured us t;~at ft e tl decided to change the usei um, I th nk just to, restaurant was losing mo.zey and th~.y apps Y ro riate just to, uh, to make, I think make ft clearer, what we mean by a ree Uu our staff has suggested to conditions and we should add them. And, I think also, m, apps ~ them that if they want to do something different they file a request for a permft for something different. That sounds like good advice too, and that's probably what they ought to do. Roger Diamond. 96/26/95 Page 30 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA But, ff the Commission has no power to grant that permit then we would be filing mo for and does applications and paying more fees. So one of the questions we had is can we app y the Commission have the authority to modify the CUP to allow entertainment and to allow public dancing, which is what Mr. Johar would like, and also the power to allow him to charge admission. If the Commission has no power to approve that ff an applicatgtionBrAnd we ke p gett ng different want to waste our time and money submitting a useless appl answers to those questions. So the the question is, that is what he would like to become knowunow rathler t an forcing you to conduct another hearing to tell uslwetcan' do had like to Commissioner Messe. So is, is your question, can he apply for a becoming a restaurant with entertainment and public dancing with a coverage charge, is that your question? Roger Diamond. Yes. Commissioner Messe. Ok, lets see ff we can get an answer. Commissioner Henninger. You're still saying you want to maintain a restaurant. Is that what you want to do, I mean what would you 11ke to do? Roger Diamond. ' Let me answer ft this way, the problem is your dealing with labels and pigeon holing. What e would like to do is have, have a facility that provides for meals... Commissioner Henninger. No wait a second, a restaurant to us means the sorts of things that are in these conditions, in other words, it uh, most of your money, most avenue stems from the sale of food not alcohol or entertainment, is that what he wants to do? `!ou know that you have tables out there, they have utensils set on them, you walk in, people seat you and hand you a menu, all the standard things that you or I would do ff we went out to dinner one night. Roger Diamond. Right, he th.. this is what... Commissioner Henninger. Is that what he wants to do? Roger Diamond. Well, let me tell you, let me describe wh.. what he would want to do and whatever label is attached to that I can't, I don't want to be forced into a label ff the label means something differently. He would like to have a facility that serves meals, that has a table, tables for patrons to be able to order from a menu, hat food he wants that, he also wants to be able to provide alcoholic beverages to his guest, he wants to also have the customers dance with each other, in other words, take your wffe or your boyfriend or whatever out to dinner and have dance, he also would like to have entertainment there and he would also like to have a coverage charge. Now in terms of what does, what what label do we attached to that, I don't know how to deal with it in terms of labels. That's what he would like to have there at the establishment. The problem is the 06/26/95 Page 31 JUNE 26, 1995 ANAHEIh7 CITY PLANNING COMMISSION -ACTION AGENDA C~ City then looks down some code and says well ff thats what you are, we force you into a particular category and then all kinds of consequences flow ff you have a label attached. We don't know what the prop~.r label is, that's the description of what he would like to do. Food, hot food and a overage chargeh now ff the City doesn't have a deflnit onl~ar ahiabel that def.t~attachesnto g that definition I don't know what the answer is. Commissioner Henninger. I think really, um, you, the question your answering can't be, can't be answered with your, uh, lac sort of pem~iitlyounneed and not tofuhycontinue to ask sobacause waffe notthef eight~peop a to ask, so I ... Rr~ger Diamond. We've tried, sir. Co~:,rrassioner Henninger. Well continue to try and I'm going to, uh, lets see this is, uh, a Categorically rov npt uh ss 22 u so we don't need to do anything there, I am going to offer resolution, uh, app 9. Conditional Use Permit 2685 as readvertised with the addition, con... additional conditions, as, uh, recommended by staff. Roger Diamond. We, we oppose, uh, that. Chairwoman Boydstun. This is a Conditional Use Permit ... Selma Mann. May I ... Chairwoman Boydstun. Did you want to say something first, Selma? Selma Mann. Yes, that there was some additional information that, uh, was to be presented by staff ... Chairwoman Boydstun. Alright, let's do that. !'~mmissioner Henninger. Would you like to do that? Selma Mann. Yes, I would like to do that. Prior to that, uh, the other thing is, as well, is that just so that there s some clarity with regard to the who it is, that uh, that the applicant needs to go to, for the, you know, the various types of permits, uh, that what this proceed(ng is dealing with is the zoning action and the conditional use permit for a restaurant with, accessory, that means secondary facil'dies, uh, that are a bar, uh, with regard to an entertainment permft, with regard to any dinner dance permft, that process takes place through the, uh, Business License Division and, uh, its my understanding that they already have an entertainment permit. It is the applicant's responsibility to operate within the, uh, the laws of the City of Anaheim, uh, when they do have an entertainmee in activities thattMgger the sex-orie ted business oedinance, applicant the ability to then engag ( 06/26/95 ~_ Page 32 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA (~ but that's not what's before you today. This is merely being said as clarffication. If there are going to be activities that trigger the sex-oriented business ordinance, then the applicant must have asex-oriented business permit. An applicant can have a restaurant with an entertainment permit the entertainment permit may permit items such as, uh, Vegas type entertainment, or bikini dancing or exotic dancing and have all of these activities be within the parameters of what is permitted within the City of Anaheim without triggering the sex-oriented business ordinance. It's only ff they, uh, performers begin displaying the specified anatomical parts as they are defined in that ordinance or begin performing, uh, the specified sexual activities as they are defined in that ordinance, uh, on a regular and substantial basis that the, uh, uh, that the sex-oriented business ordinance would be toggo Into that n-depthal believe thatf uhuMre. Diamond is is v ry awa enof those at this point uhf As far as filing an application for what uh what someone wants to do that would, of course, I don't want to mislead the applicant. It needs to be within the constraints of what's permitted in the particular zone. A restaurant with an accessory cocktail lounge, is my understanding, is permitted in the zone, uh, this is in, uh, zone that has, uh, an overlay, uh... what is it called.... the Canyon Industrial Overlay which puts additional restrictions on ft, Now uh there are, uh, the ... for something to be primarily something other than a restaurant so that it's a bar or a cabaret and certainly there are bars that serve food but there are differences between the types of operation and the impacts and the analysis which is what is going to be _ addressed by the Police Department and by Planning, uh, then uh... I sort of lost my train of thought there..., uh, there's uh, you know there are differences in impact between the two. I do not believe that a bar is a permitted use, uh, you know a cabaret or a night club is a pebr~itthedSese as a primarily use in that location. And you can have Zoning speak to that further, uh, may be two pieces of information that, uh, may be useful to you so that the applicant is not being misled. With regard to an application being filed with the Planning Department, the Planning Department is required to accept applications from ;>omebody who wishes to file an application. If the application has been filed in error, it is my understanding that the Planning Department will be happy to refund that one-thousand dollars, uh, so that really should not, uh, remain as an issue. I think that the Planning Department is sort of stuck in a damned ff ye~i do, damned ff you don't, type of situation, that ff somebody is at the counter and is insisting upon filing an application; that ff they do not take the application, then they're accused of making the planning decisions for them. So I believe that that may be some of what was going on and I certainly can't speak to this particular situation, uh, but you may wish to hear what the Police Department and Zoning have to speak, say about this prior to, uh, to acting on your resolution. Roger Diamond. May I ask one quick question, one quick question? Chairwoman Boydstun. Not until we're done. Chairwoman Boydstun. Um, Let's start with the Police Department. 06/26/95 Page 33 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA Tom Engel. Yes, Mam, i just had a couple of items I wished to discuss it is just dffferences basically etween hav... running a restaurant as a restaurant versus the problems we have with bars. There are two totally different entities, we have varies of dffferent problems with them. A bar once ft becomes a bar we have tremendous amounts of noise complaints we're going to be getting ftom other businesses and area residence they always increase dramatically. We have extreme amounts of loitering in the area during the open hours especially after they close, hanging around in the parking lots and again causing disturbances. With the bars, we find that the patrons are usually going in for one thing and that is to drink. They ff an food is consumed or served at usually consume four io five drinks or more and very little, y, that location. We have had calls of patrons being passed out drunk inside of bars. By the way I'm not saying that any of this has happened at your client's establishment, Mr. Diamond, I'm just saying, in general, with bars. Uh, for the most part in bars where we have this type of entertainment the, uh, business is male-oriented. About ninety-nine percent male patrons are inside, which has lead to numerous disturbance calls at other locations. We have patrons leaving the area, uh, possibly under the influence of alcohol, drNing, violating traffic laws and being involved in traffic accidents when they hit the streets of Anaheim. And the differences being that a restaurant we're looking at more of a business that normally slows down after the dinner hour which is usually 9:00 -10:00 p.m., whereas, a bar is open normally to 2:00 in the momin,. The patrons tend to spend less time inside arestaurant -they come in, they dine and thc,•y leave, they don't come in and stay and continue to do other things. The restaurant business is, uh, more family or couple oriented. We have a 50-50 blend of male, ~- female and people normally bring their children with them to eat. A concern I have, we have with, uh, clarrfication of what Mr. Diamond's client wants to do with his business is ff he has an Alcoholic Beverage Control permit that allows children inside his restaurant because it is a restaurant, he can't stop anyone under the age of, uh, whatever to walk through the door and ff he is going to have explicit entertainment going an inside of his business, then we don't want twelve year old children inside there. I don't want to have the access of thirteen year old children inside of his establishment. So from the Police Department's point of view we would really, at some date, want to know exactly what he plans on doing there, thank you. Chairwoman Boydstun. Zoning? Greg Hastings, Zoning Division Manager. Yes, as Selma mentioned, there are no provisions in the Canyon Industrial Area for any type of entertainment facility either as a permitted use nor as a conditional use there is a limit, there is a provision for restaurants as, you know, we originally talked about. Uh, secondly we did receive the application and I spoke to the applicant, I believe last Thursday that we would be more than willing to give them back the paperwork, we have not cashed the check tt was submitted to us, we it at the counternwehdid determine that and a closerVlook at the cuode tthatttherel is not aeprovision allowing for that type of use. Commissioner Messe. What, what application is this now? 06/26/95 Page 34 JUNE 26, 1895 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA ri ~` Greg Hastings. There was an application submitted for a conditional use permit for I believe it was a dance hal . Commissioner Messe. Dance hall? Greg Hastings. Right. Commissioner Messe. And, there is no provision for a bar, in the industrial area? Greg Hastings. No there's not, not in the Canyon Industrial Area. Commissioner Messe. Right. Commissioner Henninger. And when you, uh, make those comments, uh, have you, is that correct with the, uh, new spec c plan, this isn't one of those areas we've changed, uh, commercial is ft? Greg Hastings. We did research that, it has been change or it hasn't been changed, but the Planning Commies on recommended that that be changed to Development Area 5 which iias a CL base (Commercial Base) however in looking at that list, that list does not mirror the commercial if we find elsewhere iunder what the Planning Commissionaecommended to11City Counc I~~ nor a conditional use Roger Diamond. See we were informed that that would be permitted, initially, so there is a conflict t ere. Commissioner Henninger. We're not a hundred percent perfect nor is our staff, sorry. Roger Diamond. I understand, I'm just saying that we've been gettin;; contradicting information all along, it's een very frustrating so it's nice to know exactly what it is that's permitted and what is not permitted. With respect to the dance hall, as I understand dance hall thats a place where you would simply go in and dance, but if you have dancing incidental to another use, I do not believe that makes it a dance hall, but ... Commissioner Henninger. Well this is, this is not, I don't think a pertinent discussion to the current hearing and I think that resuearch that they hadn't done before and are probably now prepare to talk to you, uh, in anme inform way about it. Roger Diamond. So the, I'm sorry, so the answer is that the new plan that you Just app~opved thats g enUt fts now MroHasting' opinion that that would nottbe allowed, is that fair statement? apPa y 06/26/95 Page 35 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA ~~ Greg Hastings. I'm not aware that that was ever intended to be included in that to my knovuledge. Commissioner Henninger. I think that thats what he said, uh, but again, I say that this is a I don't believe a pertinent discussion to the current hearing, uh, lets see I've offered a resolution. Chairwoman Boydstun. This is a resolution and a button vote to approve Conditional Per..Use Permit No. 2065 with t e modffications. Commissioner Henninger. That's correct. Chairwoman Boydstun. It's a button vote. Maggie Solorio, Senior Secretary. Resolution passed with six yes votes. Roger Diamond. May I ask just one final question which is Is this use a restaurant at that location only allow pursuant to a CUP or is it a matter of right, because ff it's a matter of right we don't even need a CUP. Greg Hastings. In the existing zone which it is in there's a provision requiring conditional use perm . Roger Diamond. rentl tomorrow, will a And what about the plan that has just been adopted or will be adopted apps Y CUP still be required or will this be a moot issue? Greg Hastings. The CUP would still be required 'rf alcohol is served. Roger Diamond. But without alcohol? Greg Hastings. Without alcohol~roved the was herCommission passed it on to Counc L ~ use In Developmen Area 5 if its app Y Roger Diamond. So its the alcohol use that req~:ires the CUP not the restaurant? Greg Hastings. In tt;e Specific Plan that's correct. Currently the restaurant as well as the alcohol sales requ res a CUP. Roger Diamond. Thank you very much, do you have any questions..., thank you very much, I appreciate the time know you've taken a lot of time, thank you. 06/26/95 Page 36 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA ~--- =-' Selma Mann, Deputy City Attorney. Madam Chairman the Planning omh 1~nY Council is filedkwfthlnithat timesidered final n twenty-two days unless an app Commissioner Messe. I don't thin n on dltem 3 relative to substantial or>fomiance determination request is a m~,tthe, u , the questio question, isn't it? Greg Hastings. Uh, that should of ... Commissioner Messe. Should of been stricken ... Greg Hastings. Well, actually the Commission should make a motion to accept the with raw, yes. Commissioner Messe. Alright, I'll uh, I'll move to accept the withdraw of the conformance determination reques . Chairvvoman Boydstun. All those in favor. Commissioners: Aye. ACTION: Modified Conditional Use i'ermit No. 2685 by adding the following new conditions of approval: ~, That subJeci approval is exclusively for a restaurant with an accessory cocktail lounge. No approval is granted for the sale of alcoholic beverages other than as an accessory to a bona fide restaurant serving meals nor for a nightclub, or a "sexually-oriented business" as defined under Section 18.89.020 of the Anaheim Municipal Code. (A "bona fide restaurant" means a place which is regularly and in a bona fide manner engaged primarily and kept open for the serving of meals to guests for compensation and which has suftable kitchen facilities connected therewith as required by the Anaheim Municipal Code, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a san'dary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or r~sons whop during theehoudrs whenpmeals areh this requirement. "Guests" shall mean pe regularly served therein, come to a bona fide restaurant for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein.) 2. That the quarterly gross sales of alcoholic beverages shall not excee` the gross sales of food and meals during the same time period. The owner shall at all times maintain records a hof ssub ect estaurant.t Saidr~eco ds shall be kept ands ma ''razed no le solic beverag J 06/26/95 Page 37 ANAHEIM CITY PIJINNING COMMISSION -ACTION AGENDA JUNE 26, 1995 (i ftequently than on a quarterly basis and shall be made ~~vailable to the Code Enforcement Division or Police Department on demand. 3. That Conditional Use Permit No. 2685 shall expire in one year, on June 26, 1996. 4. That the subject alcoholic beverage license shah not be exchanged for a public premise type (Type 48) license nor operated as a public premises. 5 luminat and makeoeasily dis elmibie tthe appearance and conduct of all~persons on or about the parking lot. 6. That there shall be no pool tables or coin-operated games maintained upon the premises at arty: time. 7. That food service with an available meal shall be available from opening time until 10:00 p.m. or closing time, whichever occurs first on each day of operation. MO'i ION: Commissioner Messe offered a motion, seconded by Commissioner Caldwell and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Planning Commission does hereby accept the request to withdraw review of revised plans for substantial conformance determination, as requested by the app~icant. \ VOTE: 6-0 (Commissioner Mayer absent) 06j26/95 Page 38 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTON AGENDA Ci Approved 4a, CE(aA NEGATIVE DECLARATION (R~dvertised) r Approved, as 4b. CONDITIONAL USE PERMIT N0.3421 (Previously App Quad) readvertised OWNER: ANDREW Y. LUI, 500 N. Brookhurst Street, Anaheim, CA (to expire 6-17-96) 92801 AGENT: EVERARDO GODOY, 26851 Bridgewoed DrNe, Laguna Hills, CA 92653 LOCATION: 500 NoRh Brookhurst Street. Property is approximately 1.2 acres located at the northeast comer of Alameda Avenua and Brookhurst Street. Petitioner requests readvertisement of Conditional Use Permit No. 3421 to amend a condition of approval pertaining to the limitation of time for a previously-approved public dance hall. CONDITIONAL USE PERMIT RESOLUTION NO. PC95.72 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 2 people spoke AGENT'S COMMENTS: Everardo ~odoy, agent, stated he is speaking for his father who is the owner. He stated he was talking to OfBce~~ Gandy and indicated they are already complying with most of the conditions that are being requested. They did have a problem with some of the noise coming from the back door so they installed adouble-pane glass door and ft seems to have eliminated the problem. He also stated he has been working lot h Restated theoonlyoconcem th yehav~s the .7ne-yleabtimei Iimift and he wasn't sure~ffhthat cantbe parking extended. Chairwoman Boydstun stated with the changes and after the one-year time limit ff everything is going good, then they can extend the time limitation for a longer period. Everardo Godoy a;'Ireed, and mentioned that his father wanted him to mention that they try t fromp s also) presentn Mrd Godoyhndicat~ed~hey havellno p oblems with the coondit ons aside from th~ett me Ii m~ Chairwoman Boydstun asked 'rf anyone else wished to speak to this item. 06/26/95 Page 39 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA Tom Mitchell, 2176 W. Alameda (security officer), explained he is directly across from the establishment and stated every nigh after the bar dosea at 2:00 a.m., people are out in the parking lot until 3:008 mom, ~ loud rap~dl~e drinking, hdlering and screaming. Mr. Mitchell explained the problems he has <+xpe frequenting the establishment and state) he would appreciate it ff they dkl not get a Il~~nse. Richard Copper, 2158 VV. Alameda #1, explained on numerous occasions he spoke with tyro manager of the bar, in person, and asked him to cut the music down and the ma Wiled the Police Deasrtment, t e Polgice Department by the manager to do what he wants to do. Mr. Copps t ~ referred him to Code Enforcement. He spoke with Coae Enforcement on numerous occasions and there was a cftatiindiaated t etnoisethat comuesifrom the~baCeis unbetlevableef for a~residential area and f e stronglyeecolmmends and any further permits to be denied. Chairwoman Boydstun asked ff the applicant would like to reply to the comments made; Mr. Godoy answered yes. Everardo Godoy indicated the polire officer gave them a ticket for disturbing the peace nd mated they made some the noise problem. He is working with !ioger Bennlon, Code Enforcement Office, internal changes to take care of the noise level coming out of the establisi~ment and to his knawlec+,ge there have been no have secus foofficers tohmake sure everyonedloave~stafterithe~establpishment cposiesthe parking lot and that they do d'Y CHAIRWOMAN B~OYDSTUN CLOSED THE PUBLIC HEARING. Commissioner Peraz,~ asked ff they have security in the parking lot and how late do they stay. Mr. Godoy stated they try to close about 1:30 a.m., but stay until the cars are gone and everybody's out which is about 2:00 a.m. Commissioner Peraza asked if they close their entrances; Everardo answered no. Commissioner Messe asked what was actually done to mitigate the noise problem. Mr. Godoynstalledtaenew glass door (daublePaminated glass) which~is concealed alpthefw y aeoundc~ doors and then they Commissioner Messe indicated that he recalls there is no windows on the back side, just doors; Everardo clarified that was correct. Commissioner Messe asked ff the new installation was done sbc weeks ago; Mr. Godoy answered, "approximately." Commissioner Messe then asked Mr. Cooper ff he has heard any change in the noise level within the last six weeks. Mr. Copper stated the early hours are quieter, but 5 - 10 minutes before they close they blast the noisa. Chairwoman Boydstun asked Mr. Copper has the problem occurred in the last sbc weeks. 06/26/95 Page 40 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JUNE 26, 1995 Mr. Copper stated he has been on vacation and just recently came back, so he hasn't really noticed ff, other than late at night, 1:30 a.m. - 2:00 a.m., and expressed the problems that occ ` a SWe9~, t t~ ~ ~s and o tinned tthat then asked ff the problem has been in the last sbc weeks and Mr. Copps "Y a citation was given to the establishment." Commissioner Meese stated as a result of that citation, some work has been done and indicated they are trying to find out ff the work that was done has improved the situation, and he believe'.i Mr. Copper has answered that question. Tom Mitchell pointed out that Mr. Godoy stated his customers go home when the bar closes. Mr. Mftchell explained that the customers do not go home and expressed his concerns in regards to the noise and problems that occur after the bar closes. He then stated when the bar closeis~ Mca~ rod s very IoudmThe enaMs are upset because hey but the patrons stay right there drinking and playing don't want all the noise. Chairwoman Boydstun asked Mr. Godoy would it be possible to empty the parking lot, and then chain it before the security guard leaves. Mr. Godoy stated his father, the owner, is not opposed to it. Chaiwoman Buydstun indicated that might solve the problem so the people cannot come back into the lot. Commissioner Caldwell asked ff the chains can be up and locked by 2:00 a.m., and Mr. Godoy stated his father indicated that can be done by 2:00 - 2:10 a.m. Commissioner Caldwell asked ff the security guards are unfformed? - Mr. Godoy answered, "they are uniformed and they are lice: used " He also indicated they have two security guards outside and two inside. He stated when they close, mere security guards will go outside and they will have one at the door to make sure people aren't taking bottles ot;t. Chairwoman Boydstun asked ff Code Enforcement had any comments. loWand indicated Rhey have had colmplaintsiregardinglthenproperty,rbut not as exte save as theyi had prioe to 1991 so it has calmed down quite a bit. Greg Hastings, Zoning Division Manager, stated to be consistent with other dance halls, staff would recommend that be avaflab a from openingltime until 10 00 p.m. o~c osing time~whicever o cur fi st, onheach day olf operationii ACTION: Determined that the previously approved negatNe declaration is adequate to serve as the required environmental documentation for subject request. Approved request. Modified Condition No. 6 of Resolution No. PC91-89 to read as follows: "F,. That the subject use permit shall expire on June 17, 1996." and, further, added the follow(ng new conditions: 06/26/95 Page 41 ANAHEIM CITY PLANNING COMMISSION - AC71ON AGENC~A JUNE 26, 1985 ~1 That food service with an available meal shall be available from opening time until 10:00 p.m. or closing time, whichever occurs first, on each day of operation. That the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. That subject alcoholic beverage Iic~nse s:~l not bc~ exchanged for a public premises type license nor operated as a public premises. That the door(s) shall be kept closed at ail times during the operation of the premises, except in cases of emergency and to permit deliveries. That the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of foot! or other commodities during the same period. That entertainment provkied shall not be at;dible beyond the area unties the control of the licensee. That the sale of alcoha!c beverages for consumption off the premises is prohibited. That, at any time the premises is providing entertainment and/or dancing, the petitioner(s) shall provide a uniformed and licensed security guard in the parking lot and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property of nearby residents. ~_ That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside the building, 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. andtmakeeasily dis emible the appearalnceear d condo tkoflallhpesons on orabout the parking lot That the lighting in the parking area of the premises shall be directed, positioned and shielded in such a m~!.nner so as not to unreasonably illuminate the window area of nearby residences. That the petitioner(s) shall be responsible for maintaining a i'~ter free area adjacent to the premises over which he has control. That there shall be no pool tables orcoin-operated games maintained upon the premises at any time. That the petitioner(s) shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. 06/26/95 Page 42 JUNE 26, 1985 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA d ermined by the Anaheim Fl Diepardnent.~Signs indi~cng he maximum occupancy shall be prominently displayed within the premises. That ail entertainers and employees shall be clothed in such a way as to not expose "specified anatomical areas" as described in Anaheim Municipal Code Section 7.16.060. That the parking lot shall be chained, locked and emptied by 2:10 a.m. on each day of operation. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Deputy City Attorney, preseented the written right to appeal the Planning Commission's decision within 22 days to the City Council. ~_ 06/26/95 Page 43 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA t_. Approved 5a. CEOA NEGATIVE DECLARATION Granted, unoondkionally 5b. RECLASSIFICATION N0.94-95-11 Granted 5c. CONDITIONAL USE PERMIT N0.3771 OWNER: DONALD VILI~NEUVE, CONNIE THURBER, ET AL, 208 Lincoln Way, Valparaiso, IN 46383 AGENT: DIANA LASKOWSKI, 18657 Yorba Linda Blvd., Yorba Linda, CA 92686 LOCATION: 700 W. Orangewood Avenue. Units B&C. Property is approximately 0.13 acres located at the southwest comer of Orangewood Avenue and Mallul DrNe. To reclassify subject properly from the CG (Commercial, General) Zone to the CL (Commercial, Limfted) or a less intense Zone. To retain a600-square foot expansion of an existing mini-market (Including the off-premise sale of beer and wine). RECLASSIFICATION RESOLUTION NO. PC95-73 _ W CONDITIONAL USE PERMIT RESOLUTION NO. PC95-74 -------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 letter was received APPLICANT'S COMMENTS: Amah Hawaz,applicant, stated he has done a small expansion of th ieexHten~mained when the space next door small and not much room for his customers and handicapped peop p became available for lease, he made the arrangement to take over the 600 square foot establishment to add to his existing 540 square foot establishment and had a contractor open the wall 6x12. The change has not had any effect on the neighbofiood or his business. The mini-market is open 7-days a week from 7:00 a.m. to 10:00 p,rn., 90~ of the business comes ftom the apartments and homes nearby. He further explained since he has been operating the business there %tas been no criminal activities in relationship with his establishment, and he urged approval. Chaff ments behindsthe sstablis~hment)rshe poceeded to read theolettermn opposition.t 2113 S. Muller Drive (the apart 06/26/95 Page 44 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA Chairwoman Boydstun clarified with the applicant that he only has a beer and wine license and Mr. Hawaz indicated that was correct CHAIRWOMAN BOYDSTUN CLOSED THE PUBLIC HEARING. Chairwoman Boydstun asked ff the applicant can keep the trash bin in its proper place and Mr. Hawaz indicated he will take care of iG Chairwoman Boydstun asked ff they could plant vines or something else along the wire fence behind his e awaz stated the landlord sand he wiU take care ofe the problem9 dght at the back of his parking lot; and Mr. H Chairwoman Boydstun mentioned she would like to make a condition in regards to the trash bin being in a trash enclosure. Greleavestso he can obtaini the standards in regards tothe~trash en losuree Planning or Building Division before he Greg Hastings indicated that there is a couple of corrections on the conditions: Condition No. 2 should read that "the hours of the subject business shall be limited to 7:00 a.m. to 10:00 p.m. dailv', rather than just Monday -Friday. Staff would also recommend that there be a condition imposed that appropriate building permfts shall be obtained as required by the Building Division for the ~``~ expansion and that these conditions being imposed be complied with within a period of 90 days from the date of the resolution. Commissioner Messe asked the applicant ff ha has asked the building owner to paint the front of the building; Mr. Hawaz answered no. Commissioner Messo mentioned for Mr. Hawaz's benefit, it would be nice ff he would do that. ACTION: Approved Negative Declaration Granted, unconditionally, Reclassffication No. 94-95-11 Granted Conditional Use Permit No. 3771 with the following changes to conditions: tvlodffied Condition No. 2 to read as follows: 2. That the hcurs of subject business shall be limited from 7:00 a.m. to 10:00 p.m., daily. Deleted Condition Nos. 4 and 5. Adder! !.he following conditions: 06/26/95 Page 45 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA 4. pepartmenttof Mai tenasnce alnd in accordancewh appoved plan~stion file nh said the Department. 5 screen the view of thenback oof the store fromythe residencectothe westr of the property to 6 required by t e Buildinig Division of the Pllanning Department proposed expansion, as 7. That Condition Nos. 1, 3, 4, 5 and 6, above-mentioned, shall be completed wthin a period of ninety (90) days from the date of this resolution. 6. 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 includelicable ordinance, regulation compliance or approval of the request regarding any other app or requirement. VOTE: 6-0 (Commissioner Mayer absent) Selma Mann, Deputy City Attorney, preseented the written right to appeal the Planning Commission's de%ision - within 22 days to the Cicy Council. 06/26/95 Page 46 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA 6 \_.1 Continued to 6a. CEO_o NEGATIVE DECLARATION July 24, 1995 6b. RECLASSIFICATION NO.9495-10 6c. WAIVER OF CODE REQUIREMENT 6d. CONDITIONAL USE PERMIT N0.3772 OWNER: CHRYSLER REALTY CORP., 1450 W. Long Lake Road, Ste. 280, Troy, MI 48098 AGENT: R.A. BEEHLER, 14252 Culver Drive, Ste. A~49, Irvine, CA 92714 LOCATION: 1120 South Anaheim Boulevard. Property is approximately 3.8 acres located at the northeast comer of Ball Road and Anaheim Boulevard. To reclassify subject property from the ML, CH, CG and PLD-M (Limited, IndusMal), (Commercial, Heavy) (Commercial, General) and (Landscape District, Manufacturing) zones to the CL (Commercial, Limited) Zone. To permit a tour bus terminal Including the storage and maintenance of buses and administrative offices with waiver of required parking lot landscaping. RECLASSIFICATION RESOLUTION N0. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: petftiioner tto redesign the proposed terminal~in order to incorporate the required 15foot strleeW the dedication. VOTE: 6-0 (Commissioner Mayer absent) 06/26/95 Page 47 ANAHEIM CITY PLAk~NING COMMISSION -ACTION AGENDA JUNE 26, 1995 i ~. . 7a. CEQA NEGATIVE DECLARATION Continued to 7b. WAIVER OF CODE REQUIREMENT July 10, 1995 7c. CONDITIONAL USE PERMIT NO. 3774 OWNER: DAVID DANIEL, ET AL, 469 S. Green Grove Drive, Orange, CA 92666 AGENT: FANCHER DEVELOPMENT SERVICES INC., Attn: Nina Raey, 1342 Bell Avenue, Ste 3-It, Tustin, CA 92680 LOCATION: 1810 East IiCetella Avenue. Property is approximately 0.55 acre located on the scuth side of Katella Avenue and approximately 203 feet west of the centerline of State Cailege Boulevard. Tc permit the expansion of an existing vacant restaurant to include a drive through lane with waiver of minimum number of required parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Bill Fancher, 1342 Bell Avenue, Tustin, representative for the applicant, apologized for bringing the application to the Commission so unresolved, but they are under a time constraint. The existing Fitzgerald's Restaurant is in take thetexistingthestaurant whichpisrtaround 4400 sq. ft. and use approximately 3300 sq. fthas a Taco Belling to restaurant. Mr. Fancher stated they have tried to work some of the issues out with staff, but they cannot produce anymore parking stalls. In addition, they have a new plan that has not been submitted to staff which reflects the r?quired dedication, and that after the dedication, they are still proposing to have 30 spaces but will need an additional exception for the 10-foot landscape setback. He further explained the studies that were done on other Taco Bells in regards to the parking and explained the maximum spaces that were observed to be used is 29, Mr. Fancher indicated the Traffic Department doesn't agree so they are at a disagreement. 06/26/95 Page 48 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA Mr. Fancher feels, in his opinion, part of the problem is the Traffic Department goes by the ITE Trip Manuai and he then expressed his opinion in regards to the ITE Trip Manual. Mr. Fancher continued he does a lot of work wfth Taco Beli Corporate and explained they are eliminating the larger Taco Bells and no longer build them. They are on the track of reducing the size of the Taco Bells now because they don't fill them up, they don't have the high volume like a McDonald's. He believes he can additionally reduce the size of the building again, but the reason they came up with 3300 sq. ft. is because they are trying to place walls where the existing plumbing is and are trying not to tear the building down, therefore, reusing what is there and saving on having to cut down more trees, etc. He stated ff works out best for them at 3300 sq. ft. and feels the parking situation is the main issue. Mr. Fancher indicated the real estate agents are present who can explain the time issue and expressed again the deadline that they have on the property and if they don't get a decision by the Planning Commission, he doesn't feel they will get any more extensions from the trustee of the bankruptcy court. He also indicated Steve Smfth, owner/operator, is present who can answer any questions about the establishment and other Taco Bells that he has. Chairwoman Boydstun asked ff anyone else wished to speak to this item. David Daniel, 469 S. Green Grove Drive, Orange. He is one of the owners of the subject property, and they have operated a successful business at the property for approximately 17 years, using a larger square footage building than a Taco Bell. He stated they had adequate parking with no major problems and he felt with a smaller building, it would even be less of a problem. He also felt that the smaller building would work and being '~ a fast-food establishment with adrive-thru, the customers would be in and out quicker than the restaurant they operated. Michael Stein, Grubb & Ellis, Company, 4000 MTherthh veibeen attemptBg to sellthe property forover a year, agent representing the selle-5 of the property. Y and the biggest issue they ha~~e faced in selling the property is tToimake the building echonomicallylviablefnrt has dissuaded a few people frcm even looking at the property. 'd the costs are prohibitive to do that. He most operators, the building would need to be scraped down a„ explained they nave been in negotiations and agreed with the current buyers of the property that they can make concerned~t addition to thetCity which hasn't received any saes tax revenue on the vacant propeirty. Mr. Stein stated he supports Mr. Fancher in his findings on the parking studies and the traffic studies. His experience as a real estate broker (commercial) for the past eight years substantiates what Mr. Fancher has said with regard to parking and to the traffic flow of Taco Bells, and they are not as intensive user as a McGonald's. Mr. Stein stated he hopes the Commission would look at the request with what it will do for the parties concerned as well as for the Citr~ of Anaheim. Bill Fancher indicated they have an opportunity to take a closed down business and he is basically telling the Commission that ff they don't like what they have designed as far as the look of the building, they will change it. They have already agreed to change the signage, they are trying to work with staff on the landscaping and 06/26/95 Page 49 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA JUNE 26, 1995 l~ J indicated they are willing to change what is needed, but the only thing he can't do is make more parking spaces. He continued with his opinion as to what the establishment will da for the community. CHAIRWOMAN BOYDSTUN CLOSED THE PUBLIC HEARING. Chairwoman Boydstun asked Mr. Fancher ff the front third or the back third of the building coup] be cut off, therefore allowing him to have another double row of parking. Mr. Fancher indicated ff they cut that much off, they will be looking at a scrape and would rebuild. He added that is an option and they are looking for alternatives but as he mentioned before, the trustees have already granted them one extension and as of July 15th, there will be no more extensions, and then the building would slip into full foreclosure. the traffi~o study, eto I but they justldon'tshave the luxury oft a because of the foreclosures pfro eedingsegarding Commissioner Messe indicated the timing situation is unfortunate, but he did not feel he can go along with the request. Commissioner Henninger asked if there was soma way to reduce the floor area. Mr. Fancher indicated yes and Commissioner Henningcant and the Traffl Engineering staff try to come to an agree entregarding the parking He suggested the app situation, and then, ff needed, the plans can be amended later. Mr. Fancher agreed and added he felt that would give an indication to the trustees that the Commission may approve the project and that may help buy some time. The Commission asked how far would the useable area have to be reduced; and Annika Santalahti, Zoning Administrator, indicated at 100% of the Code requirement which is 16 spaces per 1,000 square feet, that would be a building of about 1,562 square feat. If ft was a waiver similar to what was granted to McDonald's ten years ago which has about 78°,6 of the required parking, she felt in that instance, the building square footage would be about 1,785 square feet, so more than half of the building would go away. She also stated that ignores the issue 78% andlbe able t mfaintain the required setback, landscaping as well as the landscapingtwithi~n the park ng of area. Further discussion followed regarding the parking sftuation and the applicant indicated that there may be a possibility that a working agreement can be made with the owners of the motel regarding reciprocal parking arrangements. Commissioner Caldwell asked ff the operation can be run with 1,800 square feet and if so, would it be something that would be economically viable to do; and Mr. Fancher responded, "yes, the largest Taco Bells they have are prototype Taco Bells which are 1900, 1980 square feet " 06/26/95 Page 50 JUNE 26, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA Commissioner Caldwell asked Alfred Yalda, Pri.^.^ipal Transportation Planner, for his comments. Alfred Yalda responded that the applicant meets the actual parking code, and they've done an extensive study with ten Taco Bell areas• the co kingn equired,~he recommended that thDe applicant fcome back to mee tthe concerned. Concerning pa parking code. Commissioner Henninge them adequat timeli MrSFanchler agreed on a two-we klcont nuancetiTheo was o weeks, n would still giv further discussion regarding the traffic study. Greg Hastings, Zoning Divisie @M~ a ed tonmle~et tdhe two-week ontinuancethe plans be in the office by this Friday in order for them to b ACTION: Continued subject request to the July 10, 1995, Planning Commission meeting in order for the applicant to submit revised plans to address the parking deficiency. VOTE: 6-0 (Commissioner Mayer absent} ~,,.. 06/26/95 Page 51 JUNE 26, 1995 { ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA ~-- 1 Previously Approved) Withdrawn 8a, rE~A NEGATIVE DErr opATION ~ eadvertised) 8b. CONDITIONAL USE PERMIT N0.318~. ~ OWNER: RAYMOND ASSOCIATES, 811 W. 7th Street, Ste. 310, Los Angeles, CA 90017 AGENT: avenue AnOaheimTlCA 928061ane Parish, 2951 E. La Palma LOCATION: 1501 North Raymond Aven e. Property is approximately 3.52 acres located at the northwest comer of Orangefair Lane and Raymond Avenue. Petitioner requ ova industrital-related retaillsaies business sewithiin ano previously app existing business center. CONDITIONAL USE PERMIT RESOLUTION NO. ~_ FOLLOWING IS A SUMMARY !~F THE PLANNING COMMISSION ACTION. ,~ OPPOSITION: None APPLICANTS STATEMENT: Diane Parish, 2951 E. La PaimA Avenue, stated they have owned the builds Ig for a eFectronic: bus Hess and were deniedeso she is pe ent SQ eequesttamod~ication to thetcondition~ to app y CHAIRWOMAN BOYDSTUN CLOSED THE PUBLIC HEARING. Chairwoman Boydstun stated the conditional use permit is an industrial park and has to be ret7;; that is tied to the industrial and asked if it was tied to industrial? Ms. Parish answered yes, and added that it is for appliances. Commissioner Messe asked what they are Ifanceg aocomputer and a etafl apparehuse equested modification to add three more users - an electronics, app Chairwoman Boydstw. to make it comme~cial~ to an industrial use in any way; and Ms. Parish asked what would they Hasa to do Greg Hastings, Zoning DNision Manager, indicated first, the applicant would need a General Plan Amendment to allow for commercial; and second, in order to implement that, there would be a rezoning to CL, most 1lkely. Ofi/26/95 Page 52 JUNE 26, 1895 ....-... nrrv or eNNING COMMISSION -ACTION AGENDA 1 ~~ AI'YNnGm v.... ~°------- Commissioner Messe asked if that would be a spot zoning? Greg Hastings indicated staff has gone out in the field to review the uses and it appears for the most part, that entire block ftom the freeway up to Orangethorpe is pretty much industrial. Chairwoman Boydstun stated it in the lndustlrialaea unless they provide a servcieto the industrial area andhat retail businesses do not belong these businesses do not. Ms. Parish asked how can they change it? That would Chairwoman Boydstun stated thAy ~lal owners in ahe a9ea wou d not go for that.and a rezoning. affect the whole area and the Indust Commissioner Messe suggested that a lot spi;i might have to also be done. Commissioner Henninger indi ht also haversomre~reta I uset He then gave alfew examples and IndNCated they industrial users and wnich m g will need to find those types of uses. Ms. Parish indicated they've been trying to do that for three years and ft has been very difficult. ~ Chairwoman Boydstun indicateds rh~elbuilodile to leaven Ms.P Irish asked ff just the front parttof the building could they would have to ask the indu Pe P be done and Chairwoman Boydstun stated not r., less they did a lot spl'd and it was separate. Greg Hastings stated the zoning doesif 'ottis chan~,'ed t commeociaw it would preclude any industr al useps fromf property with tw:, different zones, but using whatever is.. rezoned. Greg Hastings added ff the applicant decides to process a general plan amendment and rezoning, they would need to talk to slats r;« the process can L•e explained. Chairwoman Boydstun asked ff the applicant wanted to withdraw the request, and Ms. Parish agreed to withdraw the request. Accepted request to withdraw subject proposal, as requested by the applicant. ACTION: VOTE: 6-0 (Commissioner Mayer absent) 06/26/95 Page 53 JUNE 2F;, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA i -~- Approved ga. GEOA NEGATIVE DECLARATION Approved 9b. WANER OF CODE REQUIIREMENT Granted gc. CONDITIONAL USE PERMIT NO. 3773 OWNER: JAMdE GBr'asA ValleOy CA A95949 STICK, 15856 Garden Bar Roe , AGENT: JAMES H. ELROD, 373 EI Encanto Dri\re, Pasadena, CA 91107 LOCATION: 2890 East La Create Avenue. Proporty is approximately approximately 320 feet west of thee eM ine of Las Brisasnd To permit a truck maintenance facility (including the cutdoor storage of vehicles and related offloe uses) with waiver of minimum parking lot landscaping. pC95-75 CONDITIONAL USE PERMIT RESOLUTION N0. _- FOLLOWING ISIS A SUMMARY OF TiiE PLANNING COMMISSION ACTION. `~ OPPOSITION: None Jim Elrod, Architect/Agent for the~~ was. M Bostick andthe futfure owners have no objection tlo the ostick and the gentlemen that are prase l conditions set forth in the staff report. He is present to answer any questions concerning the design oft e building, etc. CHAIRWOMAN BOYDSTUN CLOSED THE PUBLIC HEARING. Chairwoman Boydstun stated the building blocks the variance they are asking for in the back. Mr. Elrod explained they do have an SeVe~ sffcesi overnbut when t ose svpacesrar~e dleducted they don't haveh fine cutting it. He felt they are about Pa the problem. Greg Hastings, Zoning Division e i na9loncbei~ng ggeneral commercialebut it is actually genoera?industrial.makes reference to the General Plan d g ACTION: Approved Negative Declaration Approved Waiver of Code Requirement Gwanted Conditional Use Permit No. 3773 VOTE: 6-0 (Commissioner Mayer absent) 06/26/95 Page 54 JUNE 2Q, 1995 ANAHEIM CITY PLANNING COMMISSION -ACTION AGENDA D C Attorney, preseented the written right to appeal the Planning Commission's decision Selma Mann, eputy ity within 22 days to the City Council. M TI N: Commissioner Messe offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent), that the Anaheim City Planning Commission does hereby request the City Attoml backOt~ocihe Planning Commission for even uai re ommendatoni~o City Coouncilt standards for resubmitta MOTION: Commissioner Henninger offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Corn elndize a Workshop discussion pertaining o entertainment permits and deflnitlon of arrestaurant. Office staff to ag MEETING ADJOURNED AT 4:30 P.M. TO THE REGULARLY SCHEDULED MORNING WORK SESSION OF JULY 10, 1995, AT 11:00 A.M. Reap ully submitted, Gam/ Edith L. Harris _ Planning Commission Support Supervisor 06/26/95 Page 55