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Minutes-PC 1995/08/07 ~._ SUMMARY/ACTION AGENDA L~EGUUIR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION August 7, 1995 9:30 A.M. - P avi eRo theSev~e o eAlcooic Beverage Cor>drol (ABC) applications duties - PRELIMINARY PLAN REVIEW IMMEDIATELY FOLLOWING WORK. SESSION 1;30 p,M, - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COwAI pp BOSi1M(~C, 80YDSTUN, BFitSTdl, FIENNINGER, IIMMYER, ~ PERATA C~ ABSEt~(1': PIONS STAFF PRESENT: Selma Mann Greg Hastings Cheryl Flores Karen Dudley Melanie Adams Sean Gerber John Poole Bruce Freeman Taher Jalai Randy West Edith Harris Margarita Solorio Deputy City Attorney Zoning Division Manager Associate Planner Asaxtate Planner Associate Gvil Engineer Associate Planner Code Enforcement Manager Code Enforcement Supervisor Associate Traffic Engineer A. P. D. Vice Detail Planning (;ommission Support Supervisor Senior Secretary PROCEDURE TO EXPEDRE PLANNING COMMISSION PUBLIC HEARINGS t timepwill ben granted uppon trequest if,h the opln onset the IlCommission, such additio al timeiwill iproduce ev dlence Important to the Commission's consideration. 2. In contested applications, the proponents and opponent will each be given ten minutes to present their case unless addff .=tai time is requested and the complexity of the matter warrants. The Commission's considerations era not determined by the length of time a participant speaks, but rather by what is said. 3, Staff Reports are pert of the evidence deemed received by the Commission in each hearing. Copies are avaliable to the public prior to the meeting. 4, The Commission will withhold questions until the public hearing is closed. 5, The Commission reserves the right to deviate from the foregoing ff, in its opinion, the ends of fairness to all concerned will be served. 5 photographs oPotherr accet ptable visual9epreaentationa or non~documentary evidence, shall Abe rs+?~ ad by th9 Commission for the public record end shalt 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 Tive (5) minutes to speak. AC080795.WP SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 > NEW APPOINTMENT -STEVE BRISTOL II Appointed > ELECTION OF CHAIRMAN AND CHAIRMAN PRO-TEMPORE Emile/~ C~~erpe~onr for Elected Bob Messe for Chairman Pro-tempore 1. REPORTS AND RECOMMENDATIONS: A. rODE AMENDMENT NO 95 ^' REQUEST TO CONSIDER Continued to AMENDING TITLE 18 PERTAINING TO OUTDOOR ACCES50RY August 21, 1995 USES IN THE CG (COMMERCIAL. GENERAL) ZONE: Requested by City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. Continued from the June 12, and June 26, 1995 Planning Commission meetings. B. RECLASSIFICATION NO 90-91 06 AND CONDITIONAL USE PERMIT Terminated NO. 3303 REQUESTS FOR TERMINATION: AMB Institutional Realty Advisors, INC. 505 Montgomery Street, San Francisco, CAro e11 ftom the termination of Reclassification No. 90-91-06 (to reclassify p p rty ML (Umtted Industrial) Zone to the CO (Commercial, Office & Professional) Zone and Conditional Use Permit No. 3303 (to permit the construction of 1,519,200 square feet of commercial office space, a 40,000 square foot health club, a 400-room hotel and restaurant with accessory retail uses, and 40,000 square feet of accessory retail uses). Property is located at the southwest comer of Gene Autry Way and State College Boulevard (Stadium Business Park South). TERMINATION RESOLUTION N0. PC95-88 08-0?-95 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 C. GENERAL PLAN CONFORMITY FOR THE EXCHANGE OF COUNTY Determined to be OWNED LAMD WITHIN THE SANTA ANA RIVER RIGHT OF-WAY. in substantial Robert Livingston, County of Orange, Environmental Management conformance wfth Agency, P.O. Box 4048, Santa Ana, CA 92702-4048 request to determine the Anaheim conformance wfth the Anaheim General Plan for the exchange of county General Plan owned land within the Santa Ana RNer right-of-way. Property is generally located on a portion of the Santa Ana RNer right-of-way abirtting the existing Atchison Topeka and Santa Fe Railroad (AT&SF) line to the north, Santa Ana RNer to the east, and 280 feet southeast o' the southerly terminus of South Douglass Road. D. CONDITIONAL USE PERMIT NO 3402 -REQUEST FOR Terminated TERMINATION: Clayton Eugene and Donna Scarbrough, Post Office Box 18957, Anaheim, CA 92817 request termination of Conditional Use Permft No. 3402 (to retain a 236-space mobile home park with 219 spaces with waivers of minimum front, side and rear yard setbacks, minimum number of parking spaces and maximum fence height) to comply wfth Condition No. 2 of the City Council Resolution No. 95-R-78 adopted in conjunction wfth Reclassfflcation No. 94-95-06. Property is located at 1400 South Douglass Road (formerly Orange Tree Mobiiehome Park). TERMINATIONY RESOLUTION N0. PC95-89 E. CONDITIONAL USE PERMIT NO 3301 -REQUEST FOR EXTENSION Continued to OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL. Blash August 21, 1995 Momeny, 27762 Pebble Beach, Mission Viejo, CA request for an extension of time (to expire August 21, 1996) to comply with conditions of approval for Conditional Use Permit No. 3301 (to construct 2 dwelling unts wfthin the Flood Plain Overlay Zone to establish a 19-lot, 18-unit, RS-5000 rasidential subdNision with waivers of required lot frontage and minimum distance between oil drilling sftes and dwelling units). Property is located at the northwest terminus of Garland Circle. 08-07-95 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7,1995 F. rONDITICNAL USE PERMIT NOS 817 1198 1687 1898.2104.2124. Terminated 21 2428 284 ~-~ 2925 322Q '~ -REQUEST FOR ~RMINATION: Tom Kearney (Easter Group) 4607 Mission Gorge Place, San Diego, CA 92120 request for termination of Conditional Use Permit Nos. 617, 1198, 1687,~11~,teda~919 and1959 South Knott. ~~ 2925, 3220, 3404. Property TERMINATION RESOLUTION N0. PC95-90 G. VARIANCE NO 2443 REQUEST FOR TERMINATION: Tarek Berri, 16102 Jennet Street, Westmir+ster, CA 92683 requests termination of Variance No. 2443 (to waive max~moum niom~ r~ a~ If-serve sign in distance of sign from abutting p party addition to an existing flee-standing sign). Property is located at 260 South Euclkl Street. TERMINATION RESOLUTION N0. NO ACTION (This item was removed from the agenda.) H. VARIANCE NO 1639 AND 2784 - REfiUEST FOR SUBSTANTIAL Determined to be in CONFORMANCE DETERMINATION: Phil Schwartze, 31682 EI Camino substantial Real, San Juan Capistrano, CA 92675 requests substantial conformance conformance Quad determination to pemtit an embroidery facility. Property is located at use iously app 100-102 West La Pai.-^a Avenue and 920 North Zeyn Street. 08-07-95 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~; ~ nena NEGATIVE DECLARATION 2b. RECLASSIFICATION N0.9495.10 2c. WAIVER Gr CODE REQUIREMENT 2d, r~NDITIONAL rrcF aERMiT 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~349, 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 reclassity subject property ftom the ML, CH, CG and PL.D-M (Umited Industrial) (Commercial Heavy) (Commercial General) and (Landscape District, Manufacturing) Zones to the CL (Commercial, Umited) Zone. To permit a tour bus terminal including the storage and maintenance of buses and administrative offices with waiver of required parking lot landscaping. Continued from the June 26, and July 24, 1995 Planning Commission meetings. RECLASSIFICATION RESOLUTION N0. PC95-91 CONDITIONAL USE PERMIT RESOLUTION N0. PC95-92 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION pCT:ON. OPPOSITION: None Approved Granted Approved Granted Chairwoman Mayer stated it was noted on the agenda that it had been requested that this matter be continued but that the plans have been received and this item would be heard today. Jerry O'Connell, President of Pacific Coast Sightseeing Tours and Charters/Greyline of Anaheim, explained they have operated daily tours ftom the D!sneyland area over the last twelve years in Anaheim. Currently they are at 1213 E. Howell Avenue, Anaheim, and are trying to expand their business and need more land. He explained Allen Hiibbs, architect, to answer any questions. 08-07-95 SUMMARY/ACTION AGENDA, ANAHEIWI CITY PLANNING COMMISSION August 7, 1995 Allen Hibbs, Alexander Drake Hibbs, 1200 N. Jefiterson Avenue, Anaheim, explained this is a 3.8-acre site at the comer of Ball and Anaheim Boulevard, and they are proposing a two-story office building for their operations and management with a maintenance facility on the back adjoining the adjacent industrial property. He explained adjacent to that, going north off Anaheim Boulevard, there is a separate ticketing concession island and then adjacent to that is another structure which is basically awash/fueling island. All the construction is new and they are going from ground up through the while project. Mr. Hibbs stated they have done a lot to try to enhance that comer at Ball and Anaheim Boulevard. They have provided adaiifonal setbacks in some cases and have complied with the City requirements for landscaping and also enhanced the landscaping with more palm trees and landscaping for further enhancement of that comer. He stated they are proposing a concrete block structure with textured and smooth patterned concrete block, black glass and are looking for a real, clean, new facility that would enhance their operation and also enhance that comer. THE PUBLIC HEARING WAS CLOSED. Commissioner Messe stated he noticed in the landscape plans that they have proposed the palm trees and the 15-gallon trees, and asked ff there is anyway to provkJe 2k-inch box trees along Ball Road to show a little bit more maturity. Mr. Hibbs responded, "Sure." Commissioner Messe added he thought they have done a very nice job. ~~ Commissioner Messe asked that the resolution include that the landscape plans will show some 24inch box trees along Ball Road. Greg Hastings, Zoning Division Manager, stated staff would recommend a condition that the two rentable spaces within the building be limited to some type of office use so that they are not getting retail storefi•ont use. He thought the applicant has already Indicated his cooperation with that condition. Melanie Adams, Public Works Department, stated in addition, the Public Works Department needs to add two conditions which were not included in the staff report. 1) "That prior to the issuance of a building permit, a lot line adjustment shall be submitted to the Subdivision Section and approved by the City Engineer and recorded in the Office of the Orange County Recorder to adjust the property line such that any new building lies completely within in one parcel and meets both zoning and building setback requirements. and 2) 'That prior to the Issuance of a building permit, the legal owner shalt submit an application to abandon the existing drainage and public utilities easements, relocate the improvements and dedicate new easements in the evcnt that the abandonment is denied by the City Council the project should be re-designed around the easements.' She added the applicant was aware of these conditions in the Interdepartmental Committee meeting. Commissioner Messe asked ff the applicant has any comments relative to those new conditions? Tracy Letzring, Tait and Associates, 1100 Town and Country Road, Orange, stated regarding to abandoning the utilties easements, the sfte and structures have been revised to build nothing on the existing drainage and utility easements, so they would propose not abandoning the easements, protecting OS-07-95 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~.- them in place. Commissioner Henninger darffied that there is nothing going to be built in these easements? Tracy Letzring responded that is correct. Commissioner Henninger asked why the easements should not be abandoned. Mr. Letzring responded the easements right now carry public utilities, and at one time they proposed se toocany those utniti sein ataiffe oen~ttioc ato becauseaey were going to build a structurerover those e existing utilities. Commissioner Benninger asked ff the easements do have something in them? Mr. Letzring answered that the easements now have public utilities in them. However, they plan to facilitate relocating them on those structures over them. Melanie Adams stated the last condition can be stricken since that part has been redesigned. Commissioner Messe asked about the lot line adjustment. Mr. Letzring stated there is no problem with the lot line adjustment. ACTION: Approved NegatNe Declaration Granted Reclassification No. 94-95-10 Approved Waiver of Code Requirement Granted Conditional Use Permit No. 3772 wfth the following added conditions: That the two (2) proposed rentable spaces within the building shall be limited to office use only. That prior to the Issuance of a building pe royal by the City Engineer anldbecorded indthe the Subdivision Section for review and app office of the Orange County Recorder to adjust the property line such that any new building lies completely within one parcel and meets both zoning and building setback requirements. That a landscape plan containing some 241nch box trees aiong Ball Road shall boval by submitted to the Zoning DNision of the Planning Department for review and app staff. VOTE: 7-0 Selma Mann, Presented the written right of appeal within 22 days to the City Council. 08-07-95 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~, ~~ne rATEGORICAL EXEMPTION CLASS?1 No action 3b. S',ONDITIONAL USE PERMIT N0.284 (Readvertised) Terminated OWNER: GOOK WOEY JUNG, 433 S. Vicki Lane, Anaheim, CA 92804; EL PARAISO RESTAURANT, Attn: Eva Fragosa, 420 S. Brookhurst St., Anaheim, CA 92804 INITIATED BY: City-Initiated (Code Enforcement Division) 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: 420 South Brookhurst Street. Property is approximately 0.50 acres located on the east side of Brookhurst Street and approximately 619 feet north of the centerline of Orange Avenue. (EI Paraiso Restaurant). City-inftiated request to consider revoking or modffying Conditional Use Permit No. 284 (to establish a restaurant and cocktail lounge) pursuant to Zoning Code Section 18.03.091 of the Anaheim Municipal Code. Continued from the July 10, 1995 Planning Commission meeting. _ II CONDITIONAL USE PERMIT RESOLUTION N0. PC95-93 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 4 people spoke in opposition/letters in opposition were received, and a petition with 400 signatures in opposition was submitted Commissioner Bristol stated since he has Just been appointed to the Planning Commission and was, not privy to the first public hearing, that he cannot participate and will abstain and leave the Chamber. Chairwoman Mayer -Thank you. Good afternoon, my name is Ralph Bailsman and I am an attorney, I am at 426 Culver Boulevard, Playa del Rey. Good Afternoon to the Chair and to the Commission. As a result of the hearing that started several weeks ago, I reviewed some written material that was presented during the course of the hearing. I listened very carefully to what was said during that part of the public hearing; I then met with my clients and the day that I met with my clients I dr~fted a letter to this Commission and faxed a copy of that letter at that time to John Poole. I've had a couple of telephone conversations with Mr Poole, as well. Um - through the information that i received from these various sources, it became clear to me that what I had anticipated, as far as sources of complaints, was a little bit off, and that the parking lot and the valet system was generating approximately as much problems for the neighbors as was the operation of the restaurant and candRional use permit facility directly. OS-07-95 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 Toward that end I submitted for this Commission's consideration a fourteen point proposal for the existing conditional use permit to be modified to add these fourteen conditions. The fourteen conditions deal with the valet parking system, the parking lot, the parking system generally; it also deals with the interior operation of the premises induding, particularly, speakers and some additional construction to deal with sound emanating ftom the Interior of the structure, and in addftion to that, I attempted to address the restaurant aspect of the operation as well. A few moments ago I had another fellow-up conversation with Mr. Poole, who indicated to me that he was - he needed some clarification and perhaps the Commission needs some clarification concerning the food operation - um - It was my intention in drafting these additional conditions to the permit, that the 'all you can eat' aspect was to be, in addition to, rather than, in place of the normal restaurant operation; so that the menu and other hours of operation would ether stand or be augmented according to this Commission's desires, if this was the direction that the Commission wished to take this permit. I'd be happy to answer any questions relative to this communication, wth the additional piece of information that the proposal was to be conceptual rather than actual language, I would be happy to work with staff as to the actual language ff the Commission desires these conditions to be added to the permit as a way of resolving the pending matter. Chairwoman Mayer -Thank you, Mr. Bailsman - to the Commission - What's your wishes on continuing the public hearing or do you have any questions? Commissioner Henninger - I think this is a new proposal and I think we left the public hearing open and probably need to hear public comment on t, I would imagine. ' J Chairwoman Mayer -Thank you very much. Now I would like to know how many in the audience plan to speak on this Issue? Okay -would you come forward. Selma Mann, City Attorney - Madame Chairman, if either of these people who are going to be speaking today have not been sworn in, in fact, t might be a good idea to ask ff there is anyone here who intends to give testimony or to speak before the Commission on this tern that was not swom in last time, ff they would please stand now and we could take care of that before we begin. Also, when they come up to speak, if they would Just indicate their name, their address and whether they have been swom in. Chairwoman Mayer -Anyone who intends to speak on this issue who has not been previously sworn in, would you please stand now and be sworn in. Have you been sworn'n? I don't see anyone in the audience that needs to be sworn in. Go ahead. Commissioner Messe -How about staff -has everybody been sworn in. OK -let's go. Chairwoman Mayer -Your name? Good afternoon - my name is -can you hear - is this Responses to question -just pull that down -pull this down a little OK - I didn't want to ruin the sound system. My name is Lois Gallagher. I live at 2101 West Harle Avenue in West Anaheim, and I am here today representing OCCCO -the Orange County Congregational 08-07-95 SUMMARY/ANON AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7,1995 Community Organization. OCCCO has been - OCCCO has eighteen active churches in Orange County representing over 60,000 families. We have four participating churches here in Anaheim and represent over 23,000 families In Anaheim. We've been operating in Wsst Anaheim through the facility of St. Justin Martyr since 1986, and some of you will remember us ftom last year when we were here fighting for single-family rezoning on Empire Street. In the past three months our local group has reached out to our neighbors, we've talked about their concerns. We conducted a survey of over 16,000 families in the parish and in the West Anaheim community, and asked them to prioitize the Importance of five neighborhood problems that plague our area. By a large margin the proliferation of bars, n(ghtclubs and topless clubs in the short strip of Brookhurst between Lincoln and ICatella was considered to be the greatest blight in our community. EI Parafso in particular was mentioned many times as being disturbing and causing problems in the neighborhood. In a few short hours we collected over 400 signatures supporting our action here today, and a good nu-nber are in attendance and there would be more if it wasn't for the inconvenient time of your meetings. Yau've heard the pleas of help from the people that INe in the short strip of Archer Stress at your last meeting, and that is but the tip of the Iceberg. OCCCO heartily supports their efforts to have our once vibrant comer of the city a safe and Inviting place again in which to INe. Years of neglect by the city and apathy by those of us INing in the area have tarnished our way of life. it can be re-vitalized and we ask your cooperation in our efforts. The real problem is that the system does not work. The system favors institutions and buildings over ~,,_ people that INe in the community. The people in the neighborhoods have been forced to change their quality of life because the businesses have been given more liberties than those that INe there. This is not right and it must be changed. The city has spent over $15,000.00 responding to the complaints of just this one establishment. The city has already exceeded it's own limits on the number of conditional use permits for alcohol and bars, therefore, we ask for a moratorium on all future liquor licensing in West Anaheim and a strict enforcement of all the codes of those that are now operating. Our research shows that there are more bars on Brookhurst that in any other part of tho city, and these establishments do not represent the needs of our community. Over forty liquor establishments exist within 7/8's of a mile and that is insane. The community in West Anaheim believes that Code Enforcement has been lacking. What good are the codes if they are not enforced? We believe that the EI Paraiso establishment has had more than sufficient time to correct it's violations and it's CUP should be revoked. Thank you. (much clapping) Commissioner Boydstun -Please don't clap. Please don't clap when someone speaks. This is taped and you just kill our secretary when she gets that in her ears. Chairwoman Mayer - Your name? Madam Chairwoman and Commissioners - My name is Tamara Martin. I INe at 420 S. Brookhurst. I hadn't planned to be here today. I was hoping to be gone, but the other person that was going to speak also had to go, so I stayed. I've changed some things around from the last time I was here and I would just like to address these. I want to say that my family has INed here for forty years in Anaheim and seen a lot of changes - twenty-three years on Brookhurst. For the past six years, approximately 15 families 08-07-95 10 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~i have suffered from the effects of the noise coming from 420 S. Brookhurst. First from the infamous Pink Cadillac, then from EI Paraiso. The Pink Cadillac lost ft's right to operate due to complete disregard for its CUPs, ABC license and adjacent residential neighborhood. The following was taken from the L. A. Times and ft Impacts this. This was gNen by Ray Camacho, a previous owner of the Pink Cadillac -it's August 25th of 1990. This type of establishment is obviously the kind of thing that you need to be away from a residential area to do. When the club re-opened as a restaurant in the fall he said, "He may consider rock music on weekends, but Fridays and Saturdays will be devoted to Latin bands. There's a big market -the Latin markets just growing phenomenly. The new neighbors -the new owners of the place, the Fragosas -made promisas to the neighborhood that included valet parking to eliminate parking noise; outside security to monitor and patrol the parking areas; sound insulation, no rock -hard rock - or whatever; and ft was going to be a restaurant. We were given a phone number of the manager, his name and we would contact them for suggestions or any complaints before we did anything else, and this was followed. Um -the letter to us was signed by Mrs. Fragosa and also Ron Newman, the manager, said "we've established a change in format in decor and remodeling in changing the premises to a family style Mexican restaurant, designed to afford dinner and after dinner music with a much lower decibel level and frequencies that are not apt to be heard outskfe the premises. We will provide a pleasing dining experience with romantic and danceable music for patrons." He also made a statement in the Anaheim Bulletin that was quoted -let me see -this was - oh goodness - November 2, 1990 - Mr. Newman said "the new restaurant is 18U degree turn-around from what it used to ~~,_ be. Security patrols and valet parking will be in place to help avoid any problems." And then a neighbor commented on this -The Bulletin interviewed on this. The outside appearance looks more impressive than the Pink Cadillac, Bob Spiedel said, adding, however, he's still skeptical whether the establishment will be trouble-free. That was true to be prophetic because right after that and for the next couple of years he wrote letters to the Alcoholic Beverage Control and other government authorfties, Planning Commission, too, I believe. This is what he outlined - "It's gettin ea leowhonsoundias ff~hey wei egloud anid9nt~xicated, alarms, racing engines, tires squealing, singing by p p loud music coming from car radios -this is not an unusual occurrence. Two years ago we installed double-glazed windows at a cost of $9760.00 to help keep the noise from EI Paraiso out of our house. 'iowever, frequently the volume is so loud that even the double-glazed windows can't keep ft out." He made some other comments about ft, he sent letters to q fift htin 8 buumbe aom,' people. June 30th he did afollow-up on this, talking about the frequent yelling, g g 9 police si, ens, th~j helicopters over the area, which isn't necessarily from EI Paraiso. Okay -let's see if I can find nr; place - I'm sorry about this - I need to be more organized but fts adifficult -okay. Another resident also put in Insulation to keep from hearing this particular area's noise. We've become tired of calling the police, the code enforcement and the ABC to lodge complaints. We're tired of being kept awake at night and having to use ear plugs to help combat the noise. We believe that we have rights that are being Ignored. The home owners were here in this area first and fts this type of music/dance hall establishment that should be located next to freeways or -there is now - Since this time that we were here last I had to call the police twice for noise caused by the EI Paraiso. On July 17th, which was the following Monday, I believe, the place was closed to the public but somebody was working on the sound equipment and I 08-07-95 11 SUMMARY/ACTION AGENDA, ANAHEIM CITY PIANNING COMMISSION August 7,1995 called the pdice department at ten minutes to eleven (10:50 p.m.) so that we could get to sleep. On the ISth of July, Edgar Fragosa, he's a nice young man, came to speak with a couple of the neighbors, and I agreed to call him Instead of calling the police if the music bass sound disturbed us to the point of not bitiof dNference. t helped, but it's nottiotally el urinated the sounds oftthe music. And the parking ~e a noises still exist. Now, I'm going to give you a following of what happened a week ago on Wednesday, August 2nd. This affected over 7 families in this area up to S00 feet away. They were - um -let's see - I am going to read my record of ft. It started at 9:05 -cars screeching, tires screeching; 9:15 - music heard from somewhere in the area, car doors slamming, alarms, yelling -some friendly- a big bus went through three attendants went to the parking area parkng ti0-70 cars. I got up at 10 o'clock and went out to watch it. There were 20 cars, fast fuming the comers, tires screeching, brakes were loud -they go fito gear with it grinding the gears; there were several car alarms; on the skiewalk there was loud talking and laughing -that's going into the establishment. One car alarm went off and stayed on and off for quite a while. There was somebody singing - a femala -there were sounds of vibrations ftom the music and this went on and on and on. It stopped around eleven. At one a.m. it starteo all over again. The lot was completely full. At 1:55 a.m. there was a loud burst of music, a Mexican car radio, lots of squealing tires through the lot, loud yelling, someone was yelling at somebody and someone else and :~~at was in Spanish and the other fellow saki, "What do you want ,what do you want - I'm over here ' That went on more than one time. I went out at 2:15 a.m. There were groups of people in the back. From 20 - 401n the front, the sidewalks; police at about 2 20n9215 u Thereuwere guns ng en ginest screaming and it continlued until 1~Oym elutes to _ three. Okay - This is ftom the O'Brien girls across the street -which is approximately 300 feet ftom their place. This is Colleen O'Brien who is thirteen -she is awakened on a regular basis. They live in the front, on top - top story. Cars screeching, music playing very loud; men yelling, men talking; a woman screaming and yelling; women talking; a trumpet playing; somebody saying something like 'over here, over there'; this continued. it woke me up at 2 and went on till, she says, 3 o'clock. The music and talking were sn loud i couldn't get to sleep. Her sister, also, in another room wrote a similar note. Commissioner Messe -Was this also August 2nd? Tamara Martin -Yes. All ~f this is on one night. I have comments from other neighbors who were also awakened and kept awake. Let me see - at my house there were three people upstairs, 2 people downstairs -all kept awake because of this. Mr. Kearney commented last time, and he wrote something down that was good. He says "ft's hard to believe that time alone will bring an improvement in this 'therefore I urge situation". We're hoping for this, we're hoping for redevelopment in this area. He says, the Planning Commission to carefully conskier our residential rights in the matter to dwell here,'~ut conskferfng the past performance of these parties involved, they've abused our rights. I want to say that the reskients of this area - we have rights too. And I believe we've cooperated with the establishment over the past five years. We've been patient; it's been infractions of the EI Paraiso; they're all documented. Many times we don't call the police, and I'm imploring you to revoke the condttionai use permft and I suggested that these types of establishments would be in an area that they rent therep Thates ails t ankk or disturbed or add any further prdiferation of the problem that is very apps you. is there any question? 08-07-95 12 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 C~,`' Chairwoman Mayer -Thank you, Miss Martin. is there anyone else who wishes to speak on this project? Yes - My name is Stanley Blenderman. I live at 617 S. Archer and I was sworn in the last time. Last night -Igo to work any where ftom eight o'clock at nigh to three in the morning, a e me thegfinv e s a typical nigh going by the restaurant and three people - I guess they are people - ga 9 havmeNto stop, youhhave to waft fo tthe pedesMans toecross the ?crgeet, or they a e doublecparked and (t'su just a real nuisance. Chairwoman Mayer -Thank you. Is there anyone else that wished to speak on this project? Would the applicant like to address the comments? Mr. Saltsman - If I may, I see no reason to cross examine the witnesses who testified this afternoon because I have a different request, and that is that the testimony provided by Lois Gallagher be stricken in its entirety. It is either heresay or a cdlection of other people's thoughts and opinions and has - it may have bearing in an application case, but should not be considered by this commission in a vested right case which is what this is. In addftion to that, the next witness testified almost exclusively -that would be Miss Martin -testified almost exclusively as to the thoughts, comments and writings of others and I would ask that that be stricken in it's entirety except for those references that were her observations alone - I think she was talking about August 2. Some of those observations ,although not - Chairwoman Mayer -Excuse me just a minute. I believe, and I'll check with my fellow Commissioners, but I believe that w~ req ` h te~ntghe So I believe that was at ouPr equest tha spokespeople wouldS epresent the _ order to exped group. Mr. Bailsman - I appreciate that and I appreciate the time consideration both personally and as someone who is participating in the hearing as wel! as the people who arertunng to c~rossiexamine thoserinp~g Ple subsequently. However, what that does is to deny me any oppo try who did (rave observations. What we have Instead is someone speak(ng on behalf of someone who is not here so that I cannot ask them questions as to their observations directly, and not! iithstanding the request by the Commission, I respectfully request that the testimony by both of those witnesses be stricken with the exception of Ms. Martin's personal observations as to August 2. Chairwoman Mayer - Do you have any other comment? Mr. Bailsman - I also reviewed the police reports that were provided to me last we~i o o the problem that ago and I would Tike to point out that most of those police reports don't really per appears to be present before this Commission. And I think that the numbers of the poice reports given to this Commission now that I've seen the reports themselves, are very misleading. I think this is a problem that is resolvable. I think it is not a problem of a criminal element at this location. I think rather ft is a problem that pertains to noise, both ftom -emanating ftom inside the premises as well as in the parking lot and I think that the conditions -right now there aren't conditions attached to the conditional use permit - I think that the conditions proposed would restive this problem. If the conditions are Imposed by this Commission and then vitiated, any one of those violations of any one of those conditions wog dd be cause for revoking the permit. But I think at this point this is a business that can operate at this location vrithout disturbing the neighbors. The condftions that are suggested, of course, have not been imposed -some o1 d8-07-95 13 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 them are fairly cx~stly, some of them require some Homework, some of them require terminating the relationship with another business -that is the valet system - and I would respectfully request that the conditions be allowed to be attached to the conditional use permit to allow this business to remain in business. I think the conditions solve the problem. Chairwoman Mayer -Does that conclude your commer-Y? Mr. Bailsman - It concludes my comments - I would renew my request relatNe to today's testimony. Chairwoman Mayer -Thank you. Mr. Bailsman also saki thank you. Mayer -Anyone else that wishes to speak to this before we dose the public hearing? Selma Mann, City Attomey -Madam Chairman, I would Ifke to address the Issue that was raised by Mr. Bailsman with regard to the striking the testimony. This is an administrative hearing and heresay is admissible here. What you do need to consider is the weight of that evidence. Obviously the weight of evidence ftom somebody who is speaking with regard to their own experience is higher than that of that same person describing someone else's experience. So if there are people who are in this audience who wish to give their own personal observations, they may certainly do so at this time if that is the decision of the Commission since the public hearing has not bssn dosed. I think that ftom a due process point of view, the important thing would be that the Cont~~~issloi~'s decision not be based upon evidence -not be based primarily upon evidence that vras heresay. That, you know, that you had direct testimony upon which you could base your decision without the heresay testimony. ~, _ Chairwoman Mayer -Miss Martin - Miss Martin made a statament that was not loud enough to hear - Ms. Mayer -okay, would you bring those forward please? Selma Mann, City Attomey - Tha same comments would apply to the letters unless those individuals are here as well. Chairwoman Mayer -Are any of those who were quoted in the letters here and wish to speak? Hearing no one who wishes to speak, I will close the public hearing. Commissioner Messe - There is a hand up there. Chairwoman Mayer -Okay -Would you Ifke to address the Commission? Gentleman in the audience spoke and Commissioner Messe told him he had to come forward to the microphone, we have to get it on tape, sir. Selma Mann, City Attomey -Madam Chairman would you reopen the public hearing, please. Chairwoman Mayor - Okay. I thought Tammy was going to speak on behalf of us. I am Bob Smith and my w'rfe, Patty, is here. We live at 327 S. Archer Street, not directly behind, but part of our property is on part of the parking lot area. I can't tell you how many nights you hear the noise over and over again. And I know we've been asked many times, even in the neighborhood watch interest, etc., to report these every time. ~~^. I Just don't feel like getting out of bed, but I am always awakened, for the most part. And then sometimes my wife tells 08-07-95 14 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~:~ nae, because I do have a bad ear on the one skle, and ff I am sleeping on my good ear I don't always hear ft, but even then sometimes, when I've tried to go back to sleep, sleeping on the good ear I can still hear that noise and there's fights going on, there is commotion all the time and ft usually wakes me up around the two o'dock time ff I happen to notice th~ dock. But I have called the police in the past and we have talked to the Code Enforcement, we've written letters. My next door neighbor who I think Tammy mentioned, Mr. Kearney, wasn't able to be here, but he is always talking about the problems there and I Just don't think we a but no vood results. W~ Ihbe willing to been putting up with ft for years and hearing promises ftom peopi 9 answer any questions about ft that anybody would have. Chairwoman Mayer -Thank you. Anyone else? Lois Gallagher - OCCCO, I am sure this won't set with ti~te legal eagles in the place, but I would like to submit a petition which was signed by over 400 reskfents of the area -discussion as to how many copies were needed - Selma Mann - Cfty Attoni~3y -The applic2nt, of course, is enticed to see anything that is being put into record, but ff we could just make that available to them -Lois Gallagher interjected that she has one copy with her and she would have to ~derandhetum your a agni~clontinued - 'rf you will Just make that available now and then we'll have a copy Chairwoman Mayer -Okay -Anyone elsa ? We'll close the public hearing. Mr. Saltsman - I heard that the public hearing be dosed, but ff it's not I would like an opportunity to ask Mr. Smfth some questions. Chairwoman Mayer - I will re-open the public hearing for your comments. Mr. Saltsman - I didn't have any comments, I had some questions and I don't know where you would like them - Commissioner Messe -Would you address that through the char? Chalruvoman Mayer -What are your questions? Commissioner Messe - Go ahead -let him go over there It's for Mr. Smfth. Bob Smith could you - this gentleman is going to ask a few questions through the chair of you and we'll get those questions and then relay them to you. If you could come forward, Bob. What are your questions? Mr. Saltsman -Through the Chair I would like to ask them one at a tune because one question generates - the answer generates -the answer to one questions generates the other - Charwoman Mayer -Give us the questions Commissioner Messe -What is ft you want? 08-07-95 15 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 l Mr. Bailsman - What I want is to cross examine this witness. Chairwoman Mayer - If you'll submit your questions to the Chair we'll get answers that we feel are pertinent. Mr. Bailsman - I'm sorry -the crowd was talking, I didn't hear what your comment was. Chairwoman Mayer - If you'll address your questions to me, we will ask the questions that we think are pertinent to our hearing. Mr. Bailsman - I wpl and thank you very much, but I want the record to reflect, and my words will make the records reflect that this is not cross examination and my diem has yet been afforded that due process which is reyulred by the State and Federal Constitutions, which I t_:~derstand having heard the oath of office, all the Commissioners are required to fellow. My questions pertain to specffically which nights, at what times and is there any record? Chairwoman Mayer - Mr. Smith, we would like to krsow which nights, if you recall and also whether or not you kept a record? Mr. Smith - i don't believe that I have any record in writing except possible letters that we've sent in the past and they may have had more specific times. I believe it was the Wednesday night that Tammy mentioned, was deflnftely thb one most recent - Commissioner Messe interjected that was August 2nd - Mr. Smith -Okay - Commissioner Messe - !know, that's my birthday so they mist have been celebrating _ - Mr. Smith -and they weren't celeb~~ring your birthday, I'm sure. Chairwoman Mayer -and those would have been letters you sent to Code Enforcement? Is that what you are saying? Mr. Smfth -Yes, actually my wife typed them -yes. Chairwoman Mayer -Okay Commissioner B~ydstun - What time of night did you usually have these problems? Mr. Smith -Around two o'clock - dftar. I think tt-at's when maybe they are dosing and the people come out into the parking lot - !mean we've heard noises from the music when we're sitting the back patio room of our house. Sometimes the vibrations, and so forth at different times. f3ut that doesn't bother me as much as being wakened up in the middle of sloeping. Commissiurier Messe -Did you ever feel that you had to keep a record? Mr. SrnRh said no - Mr. Messe said Okay. Mr. Smith - I thought that they weren't supposed to bs doing these kinds of things and operating in that fashion, and I was wondering why nothing -why it would go on and on. Partict:'arly after Iheard -after the last time I was here and heard the police reports anri the code enforcement people talk about K, many more things than I was aware of that were going on inside the place, and so forth - I don't want it in my neighborhood, frankly, And I don't think the people from our neighbofiood go there. Ah -it's not the 08-07-95 16 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION kind of place that f would want to ftequent. Especially ftom what I've heard from the police reports. Commissioner Masse - Mr. Saftsman, d1d your ~leM keep any records of the complaints that he receNed? Mr. Bailsman - I'd have to ask - I would hope that my client kept any letters that were transmitted - Commissioner Masse - or phone calls or anything like that? Mr. Bailsman -Phone calls - I'm not sure there was a written record so that Commissioner Masse - So he dkJn't keep any records of that? Mr. Bailsman - I'm not sure -that's possible. Commissioner Masse -Thank you Mr. Smith. -comment directed to Mr. Sattsman - Oh - dkJ you have more? an si I ht observations to tie that he heard~to this establishment specffically h ioa chair ff Mr. Smith made Y 9 Chairwoman Mayer - Mr. Smith, dki you at any time look and see ff you could see where the sounds were coming from? __ Mr. Smith - I have over the years - uh - on occasion been so upset that I've gotten up and looked over the wall, and usually it's after I've called the police because it sounds like somebody going to shoot somebody or, you know, there is going to be some kind of fight that is going to end up with somebody getting hurt. But I don't go over the wall and it's not well lit etc. either, in the sense that I could tell you who they were. You know I d!dn't understand - it was Spanish speaking most of the time when there were these fights. But the abusive profane language is very understandable, and that is over and over. Sometimes so loud that I'm surprised that people - I just heard that the people across the stretat could hear it and I'm not surprised at that at all. It's very disturbing, you know. Commissioner Masse - Dkl you ever have any doubt as to where this noise was coming from? Mr. Smith - I don't have any doubt as to where the noise is coming - in other words -it's not coming ftom across Brookhurst. Ah -occasionally there will be a disturbance at the Taco Beil, which is ,you know, next to it, but most of the time even, t think, the two are related because -when maybe the that's not eating anything at that restaurant some of them are going to Taco Belle afterwards and maybe om what some of the peeling of the wheels and racing around and arguing and so forth is ro PPe is9he Taco Because they are close connected there together. The one more directly behind my p perry Belle. And I did call the police just recently where when I dkJ look over the wall after calling the police they had people an the ground and they were still insulting and talking in an insulting way even with the police right on top of them there. Chairwoman Mayer - Thank you OS-07-95 17 ^~~ .__ August 7, 1995 SUMMARY/ACS~.r.. huEN~A, ANAHEIM CITY PLANNING COMMISSION ~~ , ~% Mr. Saftsman - Through the Cheir my question was, 'did he have any sigh observations to tie' -the answer was very long and irnoived and ft irnolved a lot morrte~ n mu sti~ith anNSweertosthai que~stefon, answer was yes and I would like to know as to the 'yes' pa Y q what times and dates were those observations made. Mr. Smith - Ftccept the time is dear -ft's around two o'clock in the morning - Mr. Bailsman - Which dates? Mr. Smfth - I don't have dates - Chat and tnhat the Gthair ask thedquestionis of the perso twho is giving the testimony.. directed to the Chairwoman Mayer - Mr. Smith, I guess the next question is whether you had specific times and dates? Mr. Smfth - As I saki, the time is around two o'cock and afterwards. But as far ads USeel thought, you on- going problem. if I had known that ft was going to be this kind of a situation, know the other neighbors have been IrnoNed in this for a long time and I've even hes~d~ that the City Council or your Commission talking about doing something about the problems titers, and i thought everybody been pretty aware of what's been going on. But if I know that I had to keep track of every date and so forth, I can do that, and i would have done that. i~_ Commissioner Henninger -Let's see - to get a little more clarification on this issue, how long has this problem been going on? Has ft been going - Mr. Smith Interjected -ever since they opened. Commissioner Henninger -When was that? Mr. Smith - I don't remember the date of that efther. Commissioner Henninger - Was ft a year ago or two yP.ars ago? Mr. Smith -It's more than two years, I think. Commission talking in the background - I think ft was 1990 Mr. Smith -1990 - ft was five years. Commfssioner Henninger -And how often has ft bean a problem during that time? I mean, once a week, once a month, three times a week, twice a night? Mr. Smith -Well, I'd say as far as me being dlsturiled, it's probably, to be fair, maybe once, twice aweek - that my sleep is disturbed over. Mr. $altsman -Given the fomrat, I have no further questions. 08-07-95 18 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~~ Chairwoman Mayer. Thank you. Tt•~ank you, Mr. Smith. Mr. Bailsman - I do have someone who wishes to address specffics, ff I may, and that would be Mr. Santana. Gaud Afternoon - my name is Gil Santana, I live at 2064 Meridian Avenue, in South Pasadena, and I am the former manager of EI Paraiso restaurant. I came on board the 26th of Febn.~ary of 1991 and since then, under my watch, I have had contact on a number of occasions with Tamara Mar.',:, and basically her biggest complaint has been sound, which we tried to and we've had a number of occasions, ourselves, had to soundproof the building over -ft's an rider building but we figure still ft has to be souno! proofed. I agree, in principle, with the homeowners and Tamara and I have talked about this, you know. YYhether or ft doesn't matteheYou a ahhomoeowneg you deservel~toohave some tpeace a quieit n have no peoblehmre, with that. And there was one occasion where Tamara had spoken last time where she had called and sometxxiy saki, Well, what do you want'? This is a night club.' Aril she had been calling about the sound. I remember that occasion because she tdd me the next day about ft, and i talked to the young lady who talked to her and I tdd her that's not - we don't run like that. if sorebody calls to complain about something, address the sftuatian, bring ft to my attention.. I want to say one thing - uh -there seems to be a feeling here - a perceived feeling -that the family involved here with this business is people who don't really have any respect for the law or any codes in ~. working in an establishment. And that's so far away ftom the truth. !t's not to be believed. These people are hard working people. They do everything according to the book; they do as well as they can. Sure, they make their mistakes and that's understandable. We all do. But they always try to correct them. I am always there wfth them to make sure they are corrected. They ask for my counsel. I give them information and tell them the best way to take care of a problem; we try to do ft. We may fall but it's not because there is any malice aforethought or in any event do we want to just disregard the feelings of our neighbors. Because we have to live and work together. And we would like to continue, obviously, the operation and at the same time make sure that the neighbors can get peace and quiet, and that's what I talked wfth Tamara on a number of occasions about. It's unfortunate that ft's gotten this far. It's something that I can honestly tell you that is something that was not planned in any way to Just disregard whatever l gas to be taken care of. Time irnestigator and Poole had talked to me on the 17th , I think ft was, of last month, which was my last day that I was working at ft, but I am now the former manager - I am somewhere else. But this again, was on my watch, that's why I am addressing this. And he explained to me a number of occasions on a number of things that he felt weren't in compliance, as he said wfth the restaurant operation. We have the restaurant open to one o'clock En the morning and that's in case someone wants to eat. The one thing that I explained to Mr. Pole, ff somebody deckles to eat - I think you mentioned this last week -last time also, somebody decides they want to come heie and have dinner at the club, we do not charge them an entrance, we let them come in for an hour and a half or two hours to sft down and have a nice meal and they come in~so tthey lean have ahftee h~ffete and I thinkk thawas on the naew letter~that Mr. cSaltsmans as submitted. 08-07-95 19 SUMMARY/ACTION AGENDA, ANAHEIM CITY PUWNING COMMISSION August 7, 1995 N, Mr. Yourstone who has come by and talked with me on a number ofshould fluret out something e back, that ft was too br1gM for the neighbors in the back and perhaps .• 9 where we could change the lighttng so that ft hits more in the parking are and doesn't spread out sa far - we complied with that. When the police have been there we have explained to the police our system how to check for I.D.s. What we have a problem with is if someone gets rowdy, we throw them out; and if they are a minor and they are rowdy, we ask them to leave because we do not in any way want problems inskie the place. people go there to have a good time. Granted, there may be some times where the DJ gets over zealous with the music; we are on top of that all the time and we try to get him to turn ft down. i have let go of one DJ who was working there prior to this because of that reason. He left; he is no longer employed these. We had a situation on Thursday nights where the crowd got a little too rowdy, perhaps a number of these things where the neighbors complained and they have a good complaint because even I was appalled. ~ whemsto get a good night s sl ep send gobto~the work thetnext day and we want for belableoto. We continue to operate our business. The restaurant business per se since 1992 has dropped 17% overall and that's pretty hard when you're trying to deal in this business. The whole restaurant area we try to have lunches. We had two for one lunches, we had kkls free, lunch time, dinner time, it's hard to generate the business. We sent out flyers throughout the place; we had free food buffets, the neighbors came once or twice when we had like a i~ dinner where we Invited everybody to come down. We've done this wfth the Chamber of ecfmom the City we've had our mixers there with the Chamber of Commerce; we've had a number of peopl of Anaheim who are people, perhaps maybe Yourselves - I don't know, I don't thin!: so -have co SWdrovm. We've also had situations where we had entertainment for a older group of people. Swing type - g music - so ft's not as ff we were Just going for the young crowd, which we're not, because the music we basically have is for an older crowd, ft's not for kkls. And I have a philosophy and i have a saying and ev-arybody who's worked with me at the EI Paraiso or any other dub that I have worked, or during my watch, "If you're under 18, you better "(couldn't understand this word) - if you're over 18 you come to the dub and you behave yourself." And that's always been my philosophy. My bartenders - we had a situation I think was brought up by the ABC where he had gben some minors a drink when there was five people there, they rushed him, irregardless of what happened - ft doesn't matter - he was gone - he was suspended and he was consequently fined by the ABC. We do not in any way Just say, "well, that's you know, that's what happened and ok forget ft'. No, we take our business very seriously because in order to run a business and continue running a business and make a profit we have to do ft right. If more people are not going to come to the dub, if we had a dub that was scandalous -and scandalous as perceived here -people would not be here, people would not come. Good people who dress nice, in suits and ties, ladies who dress very nice would not come to the dub because they would be scared. And that's our main concern - to make people feel comfortable, to make them feel safe. We have always had valet. That's official -we've always had a valet system, we've always had security in the parking lot. Now during the Pink Cadillac, ou Derr think of a granted Now since/'v been there since the parking lot. Drinking, fighting, everything y 08-07-95 20 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~' 1991, we don't have fights in the parking lot because no one is allowed in the parking lot. Only secu~ and valet. No one else is allowed in the parking lot. Now we're tad that this -you're supposed the parking open for the public. Well, we have adouble-edged sH-ord there. You leave it open for the public, they go back there - we don't want them back there. You know there's cars being protected, there's people, obviously the neighbors need to have their sleep they don't need to have people yelling and screaming. We've talked to the valet abot,~t -you know, putting the metal - pressing a little hard on the gas when getting the cars -it's not that important to get the car three seconds early to the ftont of the building. No one's going to be screaming because they dkln't get their car three seconds earlier -take your time. Do it correct for a number of reasons -you can get hurt, crash or something, cause noise, obviously, but I mean you could crash somebody's car, hurt yourself, mess up the person's car -then we have a problem. We don't want those kinds of problems, we want our customers to come back -the good ones. The bad st ght up don't come backwe don't want you to~we don't need that type of business. we tell them So in dosing, all I'd really like to say is that during my watch, and I have been working in nightclubs since 1981, and this is the first time I have worked with a family that seriously takes their business more serious than most dub owners. Most club owners don't really care as long as the dollar is coming through the door. These people make it - if you were to come and visit the place, you would see how nice it is inside. It's not a dirty place, e's whe dsomethng bb~reakslft's takenitcare of. vWhen slomething needsto be pailntod, outside. These peopl it's painted. All right - If Mr. Yourstone or Mr. Pole come and talk to me -you're making a mistake here, let's get this taken care of - I don't argue with him becauso I understand where he's coming from and we have to comply and we do. You know, the family's a good family. These people work very hard and they're doing a good Job. Now again, they make their mistakes like we all do but the bottom line is, that's what I'd like to say. Thank you. Chairwoman Mayer -Thank you -Would like to close the public hearing - - - - - go ahead and come forward. Thank you, Madam Chairwoman - My name is Carol Stanley, I live at 235 S. Beach Boulevard in Anaheim. I was here two weeks ago. Our group, Beach Boulevard Concerned Citizens, were sP~icu aaaon em at the EI Paraiso had spoken last week. Sa I got to sit in on what was happening. My pa this point is, we're working with the Brookhurst Group to try to clean up their area because we are in hopes that they will help us to clean up our area. I personally know Mr. Santana. I don't know ff he remembers me. I used to do vdunteer work the with the Wednesda~NVg~ht Caudb: which was a singles club for mainly people that are - we would average anw.:, ~Q~. from 4n We would go there on a Wednesday night for what we called a "Happy Hour". A hapry hour lasted from approximately five p.m., in which I was helping out there, so I dot there at anroxilmately ten. p,;~ng that st until at least nine p.m., and because I was helping out, I woulc stay until app particular time there was extreme loud noise after our group leh, which we had our own DJ that lasted until nine o'clock. After that the other group came in and it was very loud. 08-07-95 21 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 We also observed - I personally also observed - hand' to hand drug deals in the parking lot. At this time I was not aware that I could go to the police department and complain. What I did do was, I did go to our director which was Mr. Don Thornton, the director of the Wednesday Nigh qub, and I complained to him. I tdd h(m that the women were complaining to me because they felt I was some sort of figure of authority in the group. They came to me and they would complain the happenings in the parking lot. They would see men urinating in the parking lot, they would see the hand-to-hand drug deals in the parking lot; they heard the loud Hispanic yelling in the parking lot. I heard the loud Hispanic yelling in the parking lot, and I heard all the four lettered dirty words I've ever wanted to hear in my entire Iffe in that parking lot. I don't ever want to hear them again, but I know it's going to happen. If this group is allowed to stay there and continue the way they are going, ft's going to get worse. It's not going to get better like they say ft is. And when they say thAy're going to comply; they don't comply; they haven't complied in the past; they're not going to comply in the future. When they say they cook for people, no ma'am, no sir, they do not cook, they have their dinners catered. They're not doing any cooking in there. Our dinners were all catered when we had our buffet at six o'clock ft was catered, ft was not cooked there. Our parking, as far as their valet parking of course, they were charging our people to come in. They were already being charged to enter for our particular function, we were allowed to stay at a later time, but the people for the Wednesday Night Gub were being charged for parking. Their cars were being abused. The tires were being squealed, which means they're losing money they're not getting all their own wear on their own tires. Their engines were being half-way destroyed because of the racing wfth them. One of the `` guys would come in wfth a very nice car, one of the ladies wfth a very nice car; the valet packers weuld take advantage of ft and see what they could do -see what that engine could do. I personally parked on the street because I did not want that problem. I also got a dent in my car for parking on the street because they cut the comer too close to cut Into the parking lot. Needless to say, there was no note left on my windshield. I think I've saki all I can say. Thank you very much for the privilege of speaking before you. I really appreciate ft. Chairwoman Mayer -We'll now close the public hearing on this issue. Do we have any other comments from staff before we go to Commissioners? Commissioner Messe - I wonder, Mr. Poole, have we ever taken a sound Ievei meter out to that parking lot? Mr. Poole - No, we have not. Commissioner Boydstun - I - Mr. Santana brought up about a problem with jweniles. Has this been a re- occurring problem or a one-time incklent and - Randy West, Anaheim Pdice Department -There have been documented inckients in the past and i went over a couple of those in the previous hearing about DUI officers arresting jweniles for driving under the influence which, when questioned during their arrest stated that they had been drinking at EI Paraiso. Also, there were same isolated inckients in which jweniles were inside drinking in which they tdd the officers who subsequently came out there that they had been let in the back door of the business by an 08.07-95 22 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~l employee of the business and were allowed to consume alcohd on the premises. I believe that those were documented in a report and I think Mr. Bailsman has copies of those. Also, ff I could make a comment about - I don't know the gentlemen's name -who the previous manager - he consistently referred to it as a dub and a night dub, and as you are well aware, it is licensed under ABC as a on-sale general eating establishment, and I think It's our primary concern that it's not being operated as a restaurant; it's being operated as a night dub. Commissioner Masse - That's one of the questons I was going to ask Mr. Bailsman. What is his client's intention for operating this premises in the future? Commissioner Henninger -Before we let him answer that, maybe there a couple of other questions and maybe we can run them all together. I had a question of staff - I noted in the staff report th(s May 25, 1995, letter from the City to the restaurant telling them that their application for an entertainment permit had been denied. Is that the current situation? Does that remain? Has that been appealed? Have they - do they have an entertainment permit now? Mr. Pode - To my knowledge it has not been appealed. They currently do not have an entertainment permit. Commissioner Henninger -Okay - so all this -the music and stuff we've a lot of testimony about - is not currently permitted at that site because they don't have an entertainment permit? '~_ Mr. Poole - I would have to check to see ff they have adinner/dance permit. If they have a dinner dance permit, they do not have to have a separate entertainment permit. Commissioner Henninger -Okay -And now, perhaps a question of the police, Anaheim PD. We have this -let's see, what is this - a supplemental report that deals with the events of December 1st of 1994 there - and ft talks about this dancing that went on and I am not quite sure how to characterize the activity that went on there, but was this the customers that were being encouraged to strip? Is that what was going on? Or what was claimed? Randy West, APD - Let me see •• let me get the report here - just a second. Mr. Poole - While he's doing that, I just found -they do have a current dinner/dance permit which would allow them to have the music. Commissioner Boydstun -But ft would not allow them to charge admission, would tt? Mr. Pode - No, they cannot. Commissioner Boydstun -Nor entertainment - it would Just strictly be music? Mr. Pode -Well, normally adinner/dance establishment only has a band or music, but there is some that do provide some entertainment and they do not have to have an entertairnnent permit with that. The Code specffically exempts a person that hdds a dinner/dance Permit from having to have a separate permit. 08-07-95 23 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~, Commissioner Boydstun - -something about fuming down the entertainment permit Then adinner/dance permit gives you the same rights as an entertainment permft. Mr. Pode -Weil, you actually have more rights wfth a dinner/dance permft. You have the right to have public dances, you have the right to have entertainment with adinner/dance permft. Commissioner Henninger -You mean you could have a floor show with adinner/dance permft? Is that something that's allowed? Selma Mann, City Attorney - I believe that the entertainment that's being referred to has been Interpreted to be the entertainment that's inckJental to patrons dancing. That would be - ft doesn't really make sense to have adinner/dance permft and then require an entertainment permft as well to provide the music for the patron's dancing. And that that was the exemption that was put into place for the establishments that dkJn't require an entertainment permit ff they're having entertainment for the patrons to dance, that that would be assumed under the dinner/dance permit. You know, ft would be understood that you would have to have something for them to dance to. Commissioner Henninger - So you're saying that dinner/dance would have the obvious meaning that you might imagine ft to have, which is dinner customers dancing to either recorded or live music that's provkied for the purpose of providing dance music. Commissioner Messe - Etut no floor show by outside entertainers. 't, Commissioner Henninger - No. Mr. Poole -The code n3ally doesn't specify that there can't be a floor show wfthout outside entertainers, but generally wfth the dinner/dance permfts all you have is the band that performs for the patrons to dance. Commissioner Boyds~tun -And you cannot charge admission. Commissioner Henninger - It seems like this is Mr. Pole - A dinner/dance you cannot charge admission for a dinner dance; but code allows a person that has a dinner dance pemtft to hold a public dance wfthout getting an addftional permft. Commissioner Boydstun -And for a public dance they can charge admission? Mr. Poole - That's correct. But in this particular case they are operating, in my opinion, as a public dance at afl times because there is not a meal of substantial nature served as required wfth the dinner/dance. The reason the code allows public dance ff you have adinner/dance permft, ft would be an occasional basis -you would still have to have the restaurant operating, otherwise you're operating a public dance hall which they don't have a permit to do. I know it's somewhat confusing but ff I could just walk you back through that one more time because I want to make sure ft's real clear - that ff a person has a dinner/dance permft they can have an occasional public dance ff they maintain the restaurant. But ff they are operating at all times wfthout the restaurant, and charging admission, then that's a public dance hall, and that's not the Intent of the Code and they need to get a public dance hall permit. 08-07-95 24 SUMMAfiY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ._._.Y Commissioner Messe -But It's Your testimony, Mr. Poole, that they were not serving food at this restaurant? Mr. Pole -That's correct -and to me, as I shared with Mr. Bailsman before tha hearings started, (s the real crtnc of the matter. The CUP that they currently have is for a restaurant and cocktail lounge and all the problems that you're hearing today are problems about how a dub operates, and I believe that was the term the former manager used, "dub". Therefore, we're having the problems. if ft was operated as a restaurant you would have a lot less problems. Commissioner Boydstun - I would like to ask one more question of the Police Department. it was also mentioned in the testimony about narcotics being sdd. Are there complaints and is this documented by the police department'? Anaheim Pdice Dept -Yes ma'am, we have received a anonymous complaint from the We-Tip organization about narcotic sales invdving employees and possibly the management at the premise, and that was investigated and at the time we irnestigated we dkJ not find any narcotics activity. And to get back to Mr. Henninger's question - dkl you have a question abo~d the report? iCt Ike they actually nhad a - some Isort of strip floor show going oni n~ he e~ls that what was going ones Anaheim Police Dept. -That's correct. Two undercover investigators from the Vice Unit dkJ go to the location on December 1, 1994, and then again on December 15, 1994 - I don't believe you have a copy of ~~._, that report. Cover on December 1, 1994, they found a Hispanic band playing inside, they were charged $10.00 admission each to gain entrance to the place; they did not see any food being served; a;w -~~n restaurant portion of the business was actually closed at that time and they were operating ara a nigh club. At one point during the evening there were three females that got up on the dance floor at the ~~uggestion of the disc jockey. The dance floor was cleared and these three females were dancing in a sexually explicit manner of lifting up their skirts to try to illicft tips from the audience. At that time they dkl not observe any vitiations as far as exposed breasts or anything like that. However, they were dancing in sexually explicft manner. The investigators returned on December 15th and again were charged $10.00 a piece to enter the business, $2.50 per vehicle to park the vehicle in the parking lot. Again they did not see any food being served to anyone in the restaurant. There were no table cloths or eating utensils anywhere to be seen and none of the customers were eating. There were no menus in the premise at that time efther. At approximately 1:10 a.m. that morning again the females came on to the dance floor announced by the DJ the dance floor was deared and the females began to dance. On this particular evening there were six females dancing. Two of the females did expose their breasts to the customers by pulling down their tops. Following their dancing towards the end of the evening they were given ernelopes wfth money in them by the DJ for the one who drew the most applause from the audience. Again, our posftion on this is this is not consistertt wfth the operation of a restaurant. Commissioner Henninger -And (s the actlvfties that you just described, that's in vitiation of our -Selma, what do we call ft? Anaheim Pdice Dept. -Yes, and on this particular evening - OS-07-95 25 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION Commissioner Henninger -Sex oriented business ordinance Anaheim Pdlce Dept. -the irnestigators -the violation was so flagrant that they left the restaurant and issuedda Raton forrthe MunhcipalmCode Violationts of nohliveoentertainme t permft and alsoanomsexualwas oriented business permft. Commissionsr Henninger - I see Selma Mann, Cfty Attorney -The sex oriented business permft is required ff this type of activRy makes up a deflnled in the sex orie tedlbusiess ordinanc a An occasional air ng of the breasts a one will Holt t gger is that. Commissioner Henninger -Okay -Well perhaps wfth tho'o oserto do at his location from~thsupoint e were getting ready to ask Mr. Saltsman what ft was they p p forward. Commissioner Messe -Obviously, there has to be a change in the operation ff you are going to continue in business. What is R you wish to change? Mr. Saltsman - Well, I dki submft those fourteen condftions and listening to corn havesa couple olfce department and Mr. Poole and listening to the questions from the Commission, _ addftional suggested condftions and ons to start would be to have additional lighting directed at the building so that the purpose of that would be to discourage any inapproprbiatjhect~ ftYthat a ton ises outside the premises. I would also suggest that as operation condftions, y y to add that as a performance was an isolated incident and ff a condftlon is suggested, we would be happy condRion, but I would believe that anything 11ke that would not be repeated. And by the way, December 1 is my birthday and they were not celebrating my birthday either. As additional condftions relative to food, I would suggest the following: That a chef be present on the premises during ail hours of operation. I would suggest that -and by the way they have a chef emp'~yed row. I am not sure that he is there all the time, but I would suggest that that be made a condition. The business opens at six or later; I would suggest that five o'clock be more in line wfth a restaurant operation and that could be a condRion and that the establishment be required to weekly advertise that they provide dinner - and R would be dinner as opposed to lunch - I understand that they tried lunch and they could not make R. As far as any other adtoRlisten to aniy suggested clondftionshiPerhapsi Mr. Poole, who is ato the sale of food, I would be happy professional, might have some. Commissioner Messe -What about the charge that's being made to enter the establishment? Mr. Saltsman -Well, what I tried to do there was to turn that Into a benefft and have that - have a $10.00 minimum food purchase that would allow patrons to consume -this is in addftlon to the menu - um - which would allow patrons to consume an all you can eat style at the buffet. Commissioner Messe -But that's a - ff I walked in there and decided to eat ff f paid my $10.00 already? OB-07-95 26 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 Mr. Saltsman -Well, that's my concept - that by paying ft would be clear to the patron that that's what they were paying for, and we would not want patrons in the premises except to partake, efther at the menu, sft~lown or at the buffet and sit down. Commissioner Masse - Where do you collect the $10.00? Mr. Saltsman -Right now ft's at the door and I'm open to suggestions there too. Commissioner Masse -What do you mean by speakers will be sound-proofed indhridually? Does that mean that they are going to be dis-connected? Mr. Saltsman -Well, that is certainly is one way to do ft. What my client was suggesting was to rather than to have the walls sound-proofed, because i think they went through that once before, and what we are talking ahout is "bass" sound as opposed to any ether type. That type of sound that travels through sound proofing and walls and even double glazing in windows. What they had suggested was that the individual speakers be set in sound deadening malaria! such as sand, so that the vibra - so that the sound could be heard inside but the sound would not travel through the structure and into the outside. And again, we'd be happy to work wfth staff, wfth the cfty wfth any suggestions they may have In that regard. But that's specifically what we had in mind. Chairwoman Mayer -Any other questions? Mr. Saltsman -The letter also speaks to the double door thing - I think that might be of some assistance '~,_ as ft were. Commissioner Masse - At the rear? Mt. Saltsman responded "right". Mr. Masse continued - What is the parking structure you're talking about in your condftion number four? Mr. Saltsman - There is a two-floor building, I'm told, to the rear of this premises that is not owned by the premises, but they've had contact with the people that do own the structure and apparently they've arranged, as soon as this Commission allows them tu, to utilize that parking structure. Commissioner Boydstun - I'd like to make a run at this and see how this goes. I would like to make a resolution Mr. Saltsman - It's aone-floor structure and ft belongs to a podiatrist who is not exactly to the rear but to the rear and next door. Commissioner Masse -That's the parcel to the south? Mr. Saltsman -Yes. Chairwoman Mayer -Okay, go ahead. Commissioner Boydstun - I would like to make a resolution to terminate Condftional Use Permit No. 284 on the grounds that they are operating as a club, not as a restaurant which their CUP is for; that the approval that was granted is being exercised in such a manner as to be detrimental to the public health, 08-07.95 27 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~fes•. gnd general welfare of the neighbors; that ft (s not the use which for which the use permft was granted as being exercised being aR ~! ~° ~r .dub. Chb;irw~~man Mayer -This is a resolution and a button vote. Selma Mann, City Attomey -Prior to actually taking the vote, if the proponent of the resolution would speciN in a little more detail Just exactly what the factual basis is for the conclusions that have been reached? Commissioner f3oydstun -Well, it's operating as a dub not a restaurant. It's affecting the neighbors. The use that they're using is no t~bet ~ ~ 9~ inn a substantial Nconformance wft~h het PProved use,W t ,ink the being exerdsed; ft ceased manager expialned this, the ex-manager, when he kept referring to ft as a "dub"; and that CUP was or a restaurant and ft is being h~~ a~ the public health, peace andusafetY;high number of call for service; ft's detrimental to the Haig Chairwoman Mayer -That's ft? int. Commissioner Henninger -Madam Chairma scant is I ro osingt i.t hat they want to try t a timeitos ~ I think the - essentially, I think what the appl P p ` conform wfth their. proposedtlu~si out there. And I guess I, for one, would, You know might be swayed to give them sbc months to do L Response from audience showing displeasure at these comments. Commissloner goydstun - Well, let's vote on this and H ft doesn't work then we'll try something else. Commissioner Henninger -Sure. Chairwoman Mayer -0kay -the resolution put forth and that would be a button vote. Commissioner Masse -Let mecomins to us nuthelfuturehwfth alnew requestyand a new CUPCanP would have no bearing on this parry 9 application to actually run a restaurant as ft should be run? Cheryl Flores, Associate Planner - That's right -they could re-applY• ACTION: 'i arminated Condftional Use Permft Na. 284 VOTE: 5-1 (Commissioner Henninger voted no arv' Commissioner Bristol abstained) Selma Mann, Deputy City Attomey, presented the 22-day apP~l Period criteria. 5-MINUTE RECESS OS-07-95 28 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~. Ycne NEGeTIVE DECLARATION (Previously Approved) Approved rONDITIONAL USE PERMIT N0.3417(Readvertised) Approved amendment 4b. to conditions of approval OWNER: A.G. CASSIS, 413 Sharon Road, Arcadia, CA 91007 I (T.o expire 6-3-96) AGENT: ADVANCED PROFESSIONAL IMAGING MEDICAL GROUP, Attn: Dr. Sim C.Hoffnran, 585 South Knott Street, Anaheim, CA 92804 LOCATION: ~w~-~ca sn~rth Knott Street. Property is approximately 0.68 acre located at the northwest comer of Knott Street and Orange Avenue. Petitioner requests amendment to conditions of approval pertaining to the time limitation of a previously approved mobile medical unit within an ex(sting shopping center. Continued ftom the July 10 and 24, 1995 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-94 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Dr. Sim Hoffman, owner of Advanced Professional Imaging at 585 S. Knott Street in Anaheim, distributed a letter and a packet to the Commission. The Commission was given a few moments to glance over the items submitted. Dr. Hoffman indicated that he has done everything he thought he could possibly do to operate in a su'dable manner so as to be a good neighbor to those in the area. He explained he services patients that are not serviced by surrounding hospitals. He furtheRreomso ed doh me~sideMs in the area documents that he has submitted in the past indicating the suppo and presented copies of the letters he has just recently received. He assured Con hisioperhation. He necessary he could provide a petition ftom at least 100 or more persons suppo g looks forward to the support of the Commission and approval of his request. He added that he has provided information on the parking situation regardin~g~ nth me~eitngs iin which explained he dkf a study on some recent dates (17th, 24th and the 31st) - there was tr minimum of four spaces and at times ms rect8 n that. This does not include the spaces that are behind the MRI truck and the two handicapped pa Commissioner Messe questioned Dr. Hoffman as to what days of the week those were. Mr. Hoffman responded they were Mondays and Commissioner Messe asked what other days the MRI is there. Mr. 08-07-95 29 SUMMARY/ACTION AGENDA, ANAHEIM CITY PthNNINfa COMMISSION August 7, 1995 ~_~' Hoffman said currently the primary day is Monday, and the secondary day is Thursday. Commissioner Messe stated that he was there on a Thursday afternoon and observed that there were zero parking spaces available. Dr. Hoifman explained that some of his equipment was broken and he was walling for over a week and a half to have it fixed, and at that time the service person and his assistant was there. He thought that may have been when there were no spaces. He explained Monday was chosen because the dental office is dosed on Mondays and normally they can use all the parking spaces. Thursday is the other aitemathre and they try to monitor it as closely as possible. THE PUBUC HEARING WAS CLOSED. Bruce Freeman, Code Errfo-cement Division, stated as indicated in the staff report, two complaints have been received regarding the tv~. !trailer at this time. The first complaint stated the trailer was delivered on 7/19/95 and was on the property through 7/21/95. The doctor's office was dosed Saturday and Sunday and the air conditioning units on the MRI trailer continually operated 24 hours a day the two days it was the,~e. He explained the second complaint stated that the MRI trailer was parked In the frost parking area, not in its normal location. Commissioner Messe asked the location of the second complaint and Mr. Freeman responded it was regarding the front of the building which is not where it was normally parked. Mr. Freeman continued that In the past Code Enforcement has done a sound study on the MRI unit when ~: ft was in full operation and it was not in violation of our sound ordinance. However, it is also interesting to rote that when some the Complaints do come in, it is at the same period of time in the summer when the residents to the north have their windows open. It's very rare that we get a complaint during the winter months. Mr. freeman determined that the 28th was on Friday and explained he did not personally see the trailefi parked in the front of the building. The complaint for that dat9 was a voice mail rriessage left on his office phony. Dr. Hoffman stated that he never operated the truck on the 28th. He added other people do use the spot and explained he is talking about diese° trucks, etc., and that many times the diesel trucks will be parked next to the neighbors' wall on the sloe where the MRI truck parks. Delivery trucks go Into the parking lot, right in the center, and deliver to the restaurant. They are there a few minutes and he has nothing to do with that. The MRI truck does not operate in the center of the lot because the plug is on the sloe of the building. The same people that moved the truck are still moving it now. He explained a letter was sent to them and they confirmed that they are in LrmMiance as far as the times and moving. If there is a truck or trucks ru,ming over a weekend, someone needs to Inform him at the time it is happening so that he can do something about ft. With reference to the 19th to 21st, which would have been a Tuesday thru Wednesday -there was no truck there. He asked if the complaints were ail from the same person who had complained before? Mr. Freeman answered the complaints were from two different individuals. Dr. Hoffman stated that every time Mr. Freeman called him he took care of the problem and there was one other time and the truck, was delivered early an a Sunday but was not running; it was used on Monday and was out of there Monday. It OS-07-95 30 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 operated from 8 to 6 and a copy of the time tape is available which indicates the times it was working and the list of patients for the same time period. He felt that everyone working with this MRI trailer has done a than t odpercent. If there are problems he wou d 1 ke tolbe called diraectly andhhe whlatake ca a of thel~ situation. Commissioner Masse stated after reviewing the application and circumstances, even though the parking is still somewhat of a prablem, that he was willing to extend the permit another year. However, he wondered if perhaps another location for this use might not be better. Dr. Hoffman stated he has been looking at different possibilities. To put in an in-house unit unfortunately costs nearly $28,000 a year and the with the future of medicine, tF.J business is not stable. He has also been looking at oth~s sites where perhaps he could leave the MRI truck there all the time. He would like to keep It another year and he is monitoring the situation. Commissioner Henninger suggested that perhaps Dr. Hoffman actively look for an alternate solution. He felt the doc!or has done a good job out there but there have been continuing complaints regarding the trailer. He felt that this location is a little tight and surrounded by some fairly dense housing. Perhaps over the next year an alternate soution for this uss could be found. ACTIUN: required ernironmental diocumentationo r seubject agues[ ion is adequate to serve as the Approved a final one year extension of time for Conditional Use Permit No. 3417. Modihed Condition No. 11 of Resdution No. PC91-74 to read as follows: "11. That this conditional use permit is granted for a period of one (1) year, to expire on June 3, 1996." VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 08-07-95 31 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION reviousl A roved) Continued to 5a. CE~A NEGATIVE DECLARATION (P Y PP August 21, 1995 5b. WAIVER OF CODE REQUIREMENT 5c. NDITI NAL E PERMIT . 2 2 (Readvertised) OWNER: JOHN WOLBERG, P.0. BOX 280, Orange, CA 92666 LOCATION: 127 and 7Q West Hill Place. The property is approximately 0.759 cres, located ximately 90 feet east Hill Place and bean located app of the centerline of Iris Street. To amend Resolution No. 84R~93 to permit the expansion of a previously approved 40-bed board an'± cK!~e facility to allow a total of 49 bed; with waNer of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. __ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke in opposition/2 letters in opposition were receNed. _ John Wdberg, Owner of Crystal Court Guest Home at 127 W. Hill Place, and that is also a reskfent address where he can be reached by mail~at a~Ifreim~~.mH He a plainedl they had renovated and totally~s to make a total of 49 beds in this board a redesigned for the existing 40 beds, and at that time, there tneyn~tt~ housing the homelessifroma 18 to that they had never requested to use. 0~~ January 1, 1995, 59 years of age. Most of these persons have no funding and are waiting for SSI funding. Now he has a contract with the City and the Mental Health Department for iris for the homeless and mentally ill. He stated there is a demand for his services and he has the beds and would appreciate the Commission's approval of the additional nine beds. He wants to use the beds that are already there, and is not asking for anything addhaorhis administrator is hiere t alsoeanswer questions.d~ they are just breaking even with this facility and Loretta Trinklad, Administrator of Crystal Court Guest Home, added the additional beds won't affect the operations of the facility. She explained currently all their residents do not drive so they do not need additional parking spaces; aril the nine new dients winl prao~ sdom ~~ Q v~Ne Goserby and awalk to medication so they cannot drNe. The staff is carped 9 work. The night staff does have a car. The Case Workers only visit once every two to three months and some of the diems also walk to the Anaheim Mental Health office at Ball and Anaheim Boulevard for their appointments with the Case Workers• she ind+cat'ed that their staff indudes a house psychiatrist and she comes once a month. A house psyc~hdogi hey 9o t diay actNiNes such as day hospitalization programs used. The diems are picked up by and some of them are attending the local cdleges and they also use public transportation. Licensing staff only comes once a year. Some of the diems visit their families at their family homes and are picked up by 08-07-95 32 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 a family member. She felt that the parking is adequate. Pat Boydstun stated she owns a property together with her two sisters and a brother that is nearby. The family has owned the property since about 1960. She indicated that the nine beds that era being discussed today she believes, are across the street from their property. Previously the apartments in that area had families wfth children living there and they currently rent to a family with two children, an elderly man who is gravely III and one vacancy. Over the years the neighborhood has deteriorated. She stated she has noticed all the Improvements in central Anaheim and hopes that it will travel south to indude their area. After driving around the neighbofiood after the last tCra s ents/n the area. tShe doesnot feel the area istchangingi in adposftive direction She recalled the murder of Mrs. Lenny. Referring to this proposal, one of her tenants informed her of some th!ngs of which she had not been aware. She also talked with the licensing boars{ in Santa Ana and was informed that the population of this home is schizophrenic/manic depressives and bi-polar which is a disturbed population. This is a resklential community, and their tenants are concerned a lot. The tenant in the middle unft said he was outside with his father who is blind and somebody from that home threw a glass coffee cup at them which shattered as his feet. He also tdd her that the tenants in Apartment A stated that one of the residents of this home takes showers in the yard in her shorts and halter top, and that this happens two and three times a week. Both tenants have observed this happening. _ She explained t~~ay were alsc- approached by the brother of Loretta Trinidad about renting their vacant unit to him and his fam~il at'~ Pe ~ n rented a unit theere; howelverti i steaddof moving n two gentlemen and a e Lenny property ppa Y caretaker have moved in. She stated her question now is, are they renting any other units in other apartments in the area. They have been having difficulty over the past 4 to 5 years renting their apartments as they become available. Their tenants are longstanding tenants and they also have a house on Norda and with the economic climate being what it is in that area, makes it very dffficult to rent. She explained they need to have all the units occupied before they can make any income and the City also loses revenue because there is no one buying goods and services. She added they really want to keep the property up but they are discouraged and worried about having this type of facility in the neighborhood and she knows that others are also worried. She had expected more work needs to be done on checking this fac Iftyi out and fl ding out from the neighborsting. She felt Ms. Boydstun continued that she has an additional concern in that she works in mental health and knows how hard it is sometimes to control patients with medication because they don't always take ft. She dkJ not think once a month is enough for a psychrist to come in and twice a month for a physchdagist. She is concerned as a property owner and for their tenants. Her tenants in the two rented units constantly keep on eye on the one tenant's two ch(Idren, as well as other children in the neighborhood because they are concerned about the patients at the facility. OS-07-95 33 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION She added the staff report makes this sound benign, but ft doesn't seem benign to her and she feels more work needs to be done in IooMng into this sftuation. She would prefer that Commission not approve the nine additional beds requested as s they more rrfo~mtaion on theroattere. She wouldrbe happy to ann~nee to monftor the sftuation there and ga ary questions= John Wolberg responded briefly that he has no intention of expanding, renting or facilftating in any way anything other than the one care center which they have available. He has been offered, and ft is to start September 15th, (they have gone through phases 1 and 2) for total evaluation for a model rehabilitation center, one of the first in Orange County. This is for rehabilitation, not for housing and keepinog~pe b~;~h ft under control, but to rehabilitate them back into society. He thinks they are doing a pretty g j arxi also thinks the property looks a lot better than ft dkf a couple of years ago. A Commissioner asked Mr. Wdberg ff he also operates the Anaheim Guest Home on Anaheim Boulevard? Mr. Wolberg responded "no", and then offered that he was offered that at one time. That even Capftol Thrift offered him some money to take that building and remodel ft and take ft off their hands. He explained he denied that because he felt that undertaking of a project should be done correctly~rapked ff and right. He noted, as a matter of fact, they offered $150,000.00 ff he would clean ft up. he knew ff that property was being used for a similar purpose as this subject property and he responded he was not sure what they were trying to do with ft. Chairwoman Mayer closed the public hearing. 1 Investigator Randy West from the Anaheim Police Department, explained that a memo had been submitted by Greg Lawson of Planning and Research, Anaheim Police Department, and that report is a history of calls for service at 127 and 133 W. Hill Street. He stated between 1-1-95 and 7-26-95 there were 25 reported calls for service at that Location which is a substantial number of calls, the majority of which were disturbance related. Some of the calls were for missing persons, burglaries and also some thefts on the property. Three of the 25 calls were alcohol, drug and weapons- sona~l knowledge afteraworkingin this~e to be present today but that he had informed him that he has pe particular sector of the city that he has been to 3 or 4 calls himself at that location and those calls were theft type of nature which entailed calls of service from one resident at this particular home about another resident's stealing things from them. Co u at ono whi he is 9 beds, and asked if that would increase the calls fo eserviceoing up another 20?~ in PoP Inv. West answered he would assume that there would be an increase in calls for service which would be an increase in demand on the Pr~lice Department's resources. Comm to the CUP that would alleviatei some of heirtconc ms suggestions as to conditions that coulJ be added Inv. West responded he thought they could come up wfth some condiions gNen time to research ft. Loretta Trinidad saki that they try to screen the reskients that they can have in their facility. Some of them 08-07-95 34 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ghe a wa one inckient iwhen someonetcalGed for losses twice) a day and that is why they) ra el on eir room. T medication. Conceming missing resklerrts, they are required to notify the Pdice Department. Some of them do came back the next day, but they don't tali every time. For one inokient, they called because two of the clients were fighting. She repeated that ff they are disturbed and they try to screen them and they then transfer them to the appropriate places. es'miCommissione Peraza then asked how cou d one be missing~ff they are f ee to come and 9o?~s Ms. Trinkiad explained that there are curfew hours; and ff the curfew is 10 o'clock and they don't get back, they have 11 clients under public guardian and they are obligated to report that they are missing, and they have to report it to the police ff they don't get back on time. Only nine of those missing residents never came bat':. She explained they have one that was missing on and off three times to find out if he really walls to live out on the streets, and that he is a street person. He has naw moved and is at a shelter. They are just doing their duty in same of these calls. Commissioner Peraza asked ff a person doesn't really want to be there and they are under public guardianship, what would be the next aitamative for them? Ms. Trinklad said that would depend on circumstances and they may end up in a locked facility. j` ~ Chairwoman Mayer said she wanted to comment for the record to the expansion and theeparki 9 waiver ftom the Stoeffel family aril the Yaseffi family who are oppo Commissioner Messe asked Ms. Trinidad ff she had copies of those two letters and she respcr~ded 'no'. Commi~icilner P~eraz~addff thathis the one onthe oomte~r of Balhand Anaheidm Boulevard, and added hed Health fry thought that facility had been moved to State College? Ms. Trinklad said she thought there was another one still there on the left side, goinfl to State College. Following a discussion which could not be heard between Commission and Inv. West of the Pdice Department, Investigator West saki he did not know ff they could bill for services or not. He did not know whether or not Officer Lawson dki a comparison with other facilities of this nature within the city. He added that would be a new undertaking to compare the calls with another location. Signing wolddhow big the reemnulmbers had to be andta~sked why the requirement wasnm the same forng and was this building. Mr. Wdberg said that some of the numbers were painted over just recently during the remodeling paint job finding the property location is a state licensing requirement and they do not put out any kirxl of a sign whatsoever that denotes what the facility is. 08-0?-95 35 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PUWNING COMMISSION ~~ but a street number for emergency purposes Commissioner Boydstun ciarffisd that she dkln't mean a sign, so they wHl know which building K is. Mr. Woiberg responded that the numbers were on the buildings but not out at the street but that they could place them there. After more discussion he again stated that they could easily take care of this matter. He continued that under Ilcensing they cannot use the two numbers that therehwas a dole igarage~at that locationland it is usoed fo paw 9 IInd ithat theredis an outs(delon storage bin. Commissioner Messe stated that before Commission acts on this matter, he felt that they should hear ftom He elt thatDthi~s comparison wouldhenablel themrto make ahmohe object ecidecisiion.he number of calls. Commissioner Henninger suggested that Code Enforcement take a closer look to detemtine ff additional conditions might be in order and that he would agree with a continuance. wit a issiore thatnCommission iha go ngtoclontinuenthisamatter and tey wou dt re-ope~it at the next ~n k as ppea meeting. Commissioner Bristol stated that this sounds almost like the SfiO hearings as far as the dffferences of these people who he knows, as society, we need to do something to help. He asked how this differs from SRO because ft seems that the requirements for SRO which he went through some time ago was more stringent than what he is hearing here, yet these people might be disturbed. An SRO is much more ;~ restrained and constrained concerning the people with more regulations than what he is hearing ftom this 'open" unit, so he would like to get some type of input as f-ar as comparison. Greg Hastings, Zoning Manager, saki that the main difference would be the care that is given. in an SRO facility, even though we don't have any yet, those are rented as (ndivkfual units much the same as an apartment unit. in this particular case, when you have a board ae came ace at~~e i In this case the rommon need for these people to be here to be under some typ care may be medical. it is totally open; wherein, Commissioner Bristol saki he understood that but from what is being said here, hehSROShaOn~ there aremn thes scenar oewhererthere ould Ibe some medical problem. more contrd on Mr. Hastings saki that was a City Council policy that was o mtedkw~n9 ohfathe facility whichfwas more management plan attached that would require some type stringent than this would be. In this particular case, the state has more to do with this than the City in terms of the day-today operations. Cre inre hose comparisontreportsc IrnDie West stated Docou dip obabiy have it donetby the noext meeting. P Pa Commissioner Messe stated there will not be another notffication of the next meeting, but it is August 21, 1995, at 1:30 and the public hearing will be re-opened. 08-07-95 36 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 `_f ACTION: ~ hey P ~~~ ~~~ by hQ°Pdice Department andl heinCode Enfo~ce:ne Divisions RE-0F_NED PUBLJC HEARING VOTE: 7-0 08-07-95 37 r ~ ~ ~,. August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ga. CE CATEGORICAL EXEMPTION-CLASS 21 6b. DEVELOPMENT AGREEMENT N0.89-01 OWNER: 5~~~ S8n Francisco, CA 94111,' Inc., 505 Montgomery Recommendod to the City Council the cancellation of DA No. 89-01 AGENT: AMB, C/0 Martin Coyne, 505 Montgomery Street, San Francisco, CA 94111; WORDES, WISHIA, GOREN & CONNER, Attn: Richard S. Wordes, 31 Joumey Street, Ste. #200, Aliso Viejo, CA 92656 LOCATION: The oroaertv is apgroximstely 17 49 acres locate I~at the y~~~hwest comer of Ge"p ~~~ Wav and State ~u~,Q Beutevel'd and further described as Stadium Business Park South. Petitioner requests cancellation of Stadium Business Park South Development Agreement No. 89-01. ~.. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. Rich Wordes, 31 Journey Street, Suite 200, Aliso Viejo, CA 92656, attorney for the Stadium Business Park South, was present to answer any questions. Commissioner Henninger stated that if there was not anyone else here to tzlk on this Item he may not need to make a aresentaticn. The public hearing was closed. Commissioner Bristd moved that Commission recommend to City Council to cancel Development Agreement No. 89-01 • Motion seconded and passed. Greg Hastings, Zoning Manager, stated just for the record that there was a requirement under that agreement that an irrevocable offer of dedication be made. It's not clear to staff at this time ff that was offer should~be carried t dough even thoutgh the ag eement is being cancelled f the appeal period. That Selma Mann, City Attorney, explained the Planning Commission recommendation wiH be placed on City Council's agenda for consideration. Commissioner Henninger asked ff staff is recommending that Commission's motion should really be a motion conditioned on completion of those +tems which were requirements of the establishment of the development agreement? 08-07-95 38 ~. f August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION ~} Greg Hastings, Zoning Manager, responded that probably wouldn't be necessary as staff has the ability between now and the expiration of the 22-day Council appeal period. this actionobelieving that t oset~things tthat weredrequt ed to establish the developmen agreement wereken completed. Mr. Hastings responded that would be fine. OPPOSITION: None ACTION: Recommended to the City Council (by motion) the cancellation of Development Agreement No. 89-01 subject to the completion of the requirements previously Imposed In order to establish saki Development Agreement. VOTE: 7-0 ~,~ U8-07-95 39 ~~ SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 7a, ^E^" NEGATIVE DECLARATION (Previously Approved) Approved 7b. rONDITIONAL USE PERMIT N0.3545(R~dvertised) Approved amendment to OWNER: LEDERER ANAHEIM LTD., 1990 Westwood Blvd., 3rd aondoivoains of Floor, Los Angeles, CA 90025 pp AGENT: JOHN SCHROEDER, 1440 S. Anaheim Blvd., Anaheim, I (To expire 9-21-98) CA 92805 LOCATION: 1440 mouth Anaheim Boulevard. Property is approximately 14.7 acres located north and east of the northeast comer of Cerritos Avenue and Anaheim Boulevard. Petftloner requests amendment or deletion of a time limitation for a previously approved batting cage and auto stereo/alarm installation facility. CONDITIONAL USE PERMIT RESOLUTION N0. PC95-85 ~. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Commissioner Bostwick stated he had a conflict of Interest in this item and would not participate in the public hearing. John Schroeder, General Manager of Anaheim Indoor Marketplace, stated currently there are six concurrent CUPs with the City at a conskierable expense to applicant. He added he appreciates and accepts that the system does work, contrary to what he might have heard here earlier today and he believed it does protect both skies cf the issue. Mr. Schroeder stated he would like the Commission to consider the amendment to delete Condition No. 9 entirely or that it be amended to read so that it would expire with the master CUP No. 3400, which he believes is 2001. He added there have been no complaints for the three years of this currenx CUP, and with the continued protection that the CUP affords both the applicant and the local citizens, he thought his request is reasonable. Commissioner Henninger saki that Mr. Schroeder makes a good point regarding the number of CUPs he has at this location and each one of them is on a time frame. He inquired if the applicant was required to pay a fee each time an extension of time was requested? Discussion continued regarding fees with Commissioner Henninger asking staff ff there wasn't some way to lump all these CUPs together so that all could be on the same date and reduce tho advertising costs to the applicant. Greg Hastings, Zoning Manager, indicated that would require research on all of the CUPs. 08-07-95 40 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1995 ~~ Bruce Freeman, Code Enforcement, suggested because of the state of the property, just in terms of this CUP, that staff may wish to recommend to Commission athree-year limitation and another three years after that, which would bring it to the year 2001. He added staff can also look at all the rest of the CUPs and bring them all back to Commission at once. There was a suggestion ftom Commissioners Masse and Henninger to bring them all back on an klentical schedule and have a single fee. Mr. Hastings saki it could be done by readvertising the other CUPs under the same report. Mr. Hastings responded to Commissioner Masse that they would all be under the one fee. Commissioner Masse scaled that the fee for this request has been pakl and he thoughtthat maybe the best thing to do would be to take care of this sftuation the next time. Commissioner Henninger added perhaps three years is appropriate and ff this is the longest one out, that could be used as the date to start putting them all on the same date to bring them together the next time. Mr. Hastings suggested that ff Commission wished to act on this today, staff will bring back a report and recommendation in temps of what the other item:, are so that Commission could take a look at that. It would not require any action by Commission. _ Commissioner Masse suggested that the item be continued for two weeks. Commissioner Boydstun asked Mr. Schroeder ff it would make it easier for him ff they all had the same expiration dates. Mr. Schroeder stated all but this CUP and the one for beer and wine license already expire wfth CUP No. 3400. Mr. Hastings staled he would have to check all the other CUPs. He further stated that staff was concerned about outdoor uses as they are not as controllable as the indoor uses, that would be the only dffference. Commissioner Hennin~ler suggested that athree-year extension of time be granted today for this CUP and the next time one of the CUPs comes up what has been discussed will be done. Commissioner Peraza offered a motion regarding the CEQA Neg Dec. Commissioner Peraza offered Resolution No. 95-95 to expire September 21, 1998. Prior to Commission voting on this item, Commissioner Masse asked Mr. Schroeder about the front landscaping that is being ruined by people cutting across ft and what could be done to deter the public ftom doing that. Mr. Schroeder saki they have made an effort to deal with that. They have cut a path thru the berm approximateVy at the location of the sign where the bus stop is. They have also put stepping stones in there so that people would be indined to use that path and they have also roped off the area there, he was no surehhec uld control ft. It m ghtobe that they do that ateeach place the pathsr p~pear, in Commissioner Boydstun suggested a low wrought iron fence along the sidewalk might encourage the public not to cross through there. OS-07-95 41 SUMMARYfACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 199:1 Mr. Schroeder stated they have a similar problem where the shuttles drop off patrons in the back, and because of the number of chUdren playing out there, they deckled rffitia~l forbein uries to occuer therel and that fencing as the children tend to play there. it provided a good po 1 definitely is the case at the bus stop. They did move the bus bench somewhat to be able to make it easier to get through the cut in the berm, but he is open to suggestions. As Commission can see they have roped off that one area trying to guide everyone In there and he is kind of hard-pressed to figure out a way around it. Further discussion about a low wrought iron fence in the ftont with suitable breaks to walk through would probably be a big help. Mr. Schroeder saki he would check into it aril stated that he had thought of a fence but had not checked to see ff a fence In that location would be a code vitiation as opposed to helping the situation. Bruce Freeman, Code Enforcement, added that they have researched this sftuatfon and in the past like uses have installed a wrought iron fence along the areas to discourage the cutting through. Some other issues also irndved are that it's not just strictly his customers, but its others waiting for the bus that are using the landscaped areas that have no intention of going into the Marketplace at all, they are just out there sitting In the grass in the shade wafting for the buses. This might discourage that .ype of use. In addition, vehicles are also cutting over the landscaped areas on the corners destroying no! only the landscaping but also the sprinMer systems. He stated that he also noticed that one of the landscaped areas in the center of the property where the walkway was cut through was completely flooded, which encourages people to walk through in another area where there fs not a path. Further discussion between Code Enforcement and Commission determined that wrought iron fencing is very effective in deterring both vehicles and persons from crossing ever landscaped areas. it was _ suggested that the wrought Iron fence be painted green rather than black to enhance the looks, and that the applicant perhaps should bring landscape plans back to Commission within 30 days to correct these instances rather than impose another condition to the CUP. Mr. Schroeder said he is willing to take whatever action would meet wfth Commission's approval. Chairwoman Mayer stated there is a resdution on the table which requires a button vote. Resolution passed with six yes voted, Bostwick declared a conflict of Interest. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required ernironmental documentation for subject request. Approved a 3-year extension of time for Conditional Use Permft No. 3545. Modified Condition No. 1 of Resolution No. PC94-132 to read as follows: Subject uses shall be granted for a period of three years to expire on September 21, 1998.' VOTE: 6-0 (Commissioner Bostwick declared a conflict of interest} Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 08-07-95 42 ,. ~+.+ ~~ 3UMMARY;A~TiON AGENDA, ANAHEIM CITY PLANNING COMMISSION August 7, 1935 8a. ^EOA NEGA7IYE DECLARATION (Previously Approved) Sb. ~,ONDITIONAL USE PERMIT N0.3245 (Readvertised) OWNER: NORWALK INVESTMENTS, 1020 N. Batavia SL, Ste. B, Orange, CA 92667 Approved Approved amendment to conditions of approval AGENTS: ~ 928056GIen Gwatney C/0 Anacal Enginee~ri g iegOp (To expire 7-11-96) East La Palma, Ste. 202, Anaheim, CA LOCATION: 523 and X32 South Rose Street (Charlie's Exotic Works). The property is approximately 0.52 acres located on the east side of Rose Street and approximately 390 feet south of the centerline of Santa Ana Street. Petitioner requests modlfl~t~^~ or deletion of conditions of approval pertaining to the limitation of time and mo rovledaudtomotiveebodytand inspection fees related to a previously-app paint facility. CONDITIONAL USE PERMIT RESOLUTION N0. PC85-86 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Dale Conner, property manager, stated their request is to eliminate the yearly hearing for an extension of time and that perhaps athree-year period be considered. The public hearing was closed. Bruce Freeman, Code Enforcement, stated that there have been no complain always i dude the parking since July of 1994. Inspections that he has made periodically at the property Just because of the type of use that is in the center; however, nothing directly relating to Charlie's Exotic Auto Works. Inspection on 8/1 /95 again revealed traffic congestion out front, and work being done outside the building; however, very minimal at the rear. The rear has been made available for parking of customer vehicles or employee vehicles which was not the case when the permtt was initially issued. There have been no problems directly with this location in the past year. Discussion and comments from Commissioners indicated that problems in this area are a result of poor design of the area and the lack of interest from tenants to maintain a clean alloy in back. Mr. Conner indicated that to his knowledge his center has nothing out in the alley at all or across the way thee binssre full of trash and he keeps telling the tenants that they Wised to have the trash picked up more 43431 43 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING ;,`OMMISSION V often as they always seem to be filled. it was noted the entire alley is irnolved because the trash is not picked up often enough, but it also needs a good deaning. Mr. Connor stated he manages units at 532, 534, 536 and 538 which is four units and they go down as far rec h nizeil)alton's n m (whicCh Commissio n ndlcated H-as~ a paper comrpany atDtheoend ~ he does not og He stated he has read the staff report and said that the lands apr~git f~t a best looking one n hishcenter~ his tenant at 532 has been making improvements in that area, Wfth reference to the auto painting done at this location he said that :his tenant has expanded into the property next door to get an addtional 6000 square feet so a lot of the parking of cars and painting is in there in order to alleviate some of the congestion that has been out ftont. He concurred that some congestion still exists; however, 532 right now is the best of the group. Discussion regarding poor housekeeping wfth respect to trash in alley and parking areas as well as congested parking in that area . Commissioner Henninger offered a motion that this activity is covered by the previously approved CEQA Neg. Dec. Motion seconded and passed. ;`, Commissioner Henninger offered Resolution No. PC95-96 granting CUP 3245, as readvertised, wfth added conditions. Commissioner Henninger requested that staff express Commission's concerns Wfth the growth es l~ they business to the business owner and how ft seems to be outgrowing fts existing facility. He sugg work with them to resolve that over the next year and make ft dear to them that ff their growth rate con~onue~ t e ~ contacot wm'~th the Economic Devellopmenit Dlvisionrto give them assistancegested if need be, P At the end of the meeting, Commissioner Henninger refened back to Item 8 and asked staff to make sure that those are suitably memorialized in the records of this CUP and brought back the next time the applicant requests an extension of time. Our records should show that staff has notified them there is a problem that needs to be resolved and help that's been offered to get them resolved. He was assured that the records will reflect those comments. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved a one year extension of time for Conditional Use Permft No. 3245 with additional condftions, as fdiows: Modified Condftion No. 15 of Resolution No. PC90-58, as amended by Resoution No. PC94-88, to read as fellows: 44 44441 rt4~ 4 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PUiNNING COMMISSION "15. That subject condftional use pemtit is granted for a period of one (1) year, to expire on July 11, 1996.' Added the folowing now conditions: (a) That the cost of code enforcemerft inspections fees shall be incurred by the property owner as required by the City's Code Enfarcement Manager. (b) That landscape planters shall be permanently maintained with live, healthy plant materials. (c) That all employee parking shall be confined to the rear yard area of the subject properties, ,or within the enclosed building. (d) That the storage or overnight parking of vehicles, vehicle parts, or business-related s (including the washing of vehicles) shall be hi l e c materials and all work on ve confined entirely to the Interior of the buildings. Absolutely no vehicular fxxiy work, painting or other business-related activities, or storage of vehicles, vehicle parts or t or rear yard areas, or on the roof of the fr h on e materials shall be allowed in t buildings. (e) That signs shall be posted in front of both the 526 and 532 South Rose Street lish and Spanish, that parking is reserved for customers both En i g n facilities, stating of the subject business only. `_ (f) That customer parking spaces shall be striped and clearly marked for customer r vehicles be stacked, double parked, or parking only', and at no time shall custome left standing in tandem in front of, or adjacent t~ the buildings. ypTE; 6-1 (Commissioner Bostwick voted no) Planning Commission requested the following: (1) growth of subbject business because subject business seems t be outgrowingt his facility; (2) That staff work with the owner to resolve this problem within the next year; (3) That staff make K clear to the owner that if the business growth rate continues, Commission may not find this to be suitable location a year ftom today; and, if need be, (4) The applicant be referred to the Economic Development Division for assistance in locating a su'dable property to accommodate the Intended use. 45451 45 _a.cs• ~ August 7, 1995 SUMMARY/ACi'ION AGENDA, ANAHEIM CITY PLANNING COMMISSION Continued to ga, CEOA NEGATIVE DECLARATION (Previously Approved) pctober 2, 1995 9b. ^ONDITIONAL USE PERMIT N0.2910 (Readvertised) OWNER: MAHIN RASTEGARI, i 108 N. Acacia Street, Anaheim, CA 92805 LOCATION: 1108 N Acacia Stre.~t. Property is approximately 0.36 acres located on the east side of Acacia Street and approximately 525 feet south of the centerline of Romneya Drive and further described as 1108 North Acacia Street To expand an existing child-care facility from 24 children to 30 children. CONDITIONAL USE PERMIT RESOLUTION NO. ----------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None L~ ACTION: Continued subject request to the October 2, 1995 Planning Commission meeting in order for the applicant to be present. VOTE: 6-0 (1 vacant seat) 46 46461 ~._. 4 August 7, 1995 SUMMARY/ACTION AGENDA, ANAHEIM CITY PLANNING COMMISSION 10a ~~eA NEGATIVE DECLARATION 10b. rONDITIONAL USE PERMIT N0.3779 OWNER: TRW, INC., 500 City Parkway West, Orange, CA 92668 AGENT: ABERNATHY-CARR-LOPUCH II, 5800 W Century Bivd., #90855, Los Angeles, CA 90009-0855 LOCATION: 1761 West Katella Avenue ITRW Buildintt), The property is approximately 1.75 acres located at the northeast comer of Katella Avenue and Humor Drive, having approximate ftontages of 272 feet on the north sloe of Katella Avenue and 282 feet on the east side of Humor DrNe. To permit a self storage facility. CONDITIONAL USE PERMIT RESOLUTION N0. ~~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. Chairwoman Mayer noted Items 9 and 10 were both continued. Continued to August 21, 1995 ACTION: Continued subject request to the August 21, 1995 Planning Commission meeting. VOTE: 6-0 (one vacant seat) MEETING ADJOURNED AT 4:20 P.M. TO THE PLANNING COMMISSION MORNING WORK SESSION OF AUGUST 21, 1995, AT 9:30 A.M. FOR A PRESENTATION FROM THE POLICE DEPARTMENT RELATED TO BHEVERAGE CONTRO M(ABC)NApp~UCATIONS DIES RELATIVE TO THE REVIEW OF ALCOHOLIC Respectfully submitted, / Edith L Harris Planning Commissioner Support Supervisor 47471 47 '4y°S?y:.l 3. -~ ' r ° '' .)~ 'v C3~^a~.. -,'~ tG '-fib iii ~,r1 ~ -'~ E~ nv~Y? a~'G ~ Y rn ~`~ ~ r t , ~ j ~ `F'3~'~~ '" F " '~~ ~f ~? { ~ t t ' ~':, ti i4~r~"~ l ~ ~i ~~ ~ ~;' , ` c_ r~ , ts~ i. Jt' ,~ - ~ ~?, ti~ ~ 7H;,T S i 3 ~ c '''f'. . j . ~ I ~ t~1.•. ~i ' t P' Y' E r;--~ _ ' ~ ~.. .....n..,. . _.. .. ~.s. t-. xc u. .... .,. f+.v 7r.4.4. a. qS'r ?7,thh, _t _`rw ~~.