Minutes-PC 1996/01/22SUM~AARY ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION
MONDAY, JANUARY 22, 1996
11:00 A.M. PREUMINAFlY PLAN REVIEW
1:30 P.M. PUBLIC HEARINGS BEGIN ;PUBLJC TESTIMONY)
' F~JGER MESSE AND PERAZA
BOYDSTUN
COMMISSIONERS pR£SEM: ~
COMMISSIONERS ABSBdf: BOS"iWK'.K MAYER
$TpFF p~iT: Selma Mann
Greg Hastings Deputy City Attorney
Zoning Division Manager
Cheryl Flores AssociaP
ani
8 D
Mary McCloskey la
irector
n
Deputy
Unda Johnson Senior Planner
Sean Gerber Associate Planner
Code Enforcement Supervisor
Bruce Freeman
Alfred Yalda Principal Transportation Planner
Natalie Meeks Civil Engineer
Tom Engle ~~ Detail
Margarita Sotorio
Elly Fernandes Senior Secretary
Senior Word Processing Operator
:`
....
PRO(~DUR E TO F~EDffE PLADU~ING COMMISSION PUBIJC HEARINGS
1. The proponents fn applications which are not contested will have five minutes to present their evidence. Additional Ume
will be granted upon request if, in the opinion of the Commission, such additional Ume will produce evidence 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
detderimined by the length of time a participant speaks, but ratite by whatlis said. mission's considerations are not
3. Staff Reports are part of the evidence deemed receNred by the Commission in each hearing. Copies are available to the
public prior to the meeting.
4. The Commisslon will withhold questions until the public hearing Is closed.
5. The Commission roserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned
will be served.
g. All documents presented to the Planning Commission for review in connection with any hearing, including photographs
or other acceptable visual representations or nondocumentary evidence, shall be retained by the Commission for the
public record and shall be available for public inspections.
7 within the juriadi oneot the Planning Commission, and/orlag olds itemsW Eachsspeaker will be allotted a maximum of
five (5j minutes to speak.
MIg60122.WP
01/22/96
Page 1
JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION -ACTION AG(nNOA
~_'
REP R AND RE MMENDATI N
rONDITIONAL USE PERMIT NO 3460 - REVUE T F R A Approved
A, to expire 11-4-96)
RETROACTIVE EXTENSION OF TIME TO CQIIIIPI.If yYITH (
CONDITIONS OF APPR VAL: Song$hyong Hsu C/0 KOK
Irnestment Co., 17752 Cowan Street, Irvine, CA 92714, requests a
retroactive extension of time for Conditional Use Permit No. 3460 (to
permft a 4-unit, 3200-square foot expansion to an existing 19,800
P operty is located ati 2658 West La)Palma Aivenuevember 4, 1996.
Continued from the January 8, 1996 Planning Commission meeting.
Mrs. Hsu, 17752 Cowan Street, Irvine. She was present in support of the subject request.
Commissioner Henninger explained it has been some time since the activity has been permitted and
informed em•~ ied fallowing today's which wrnillaexpireton Novjember~4, 1996 because another extension
may not b g
Mrs. Hsu stated she hopes they will be able to go forward with the expansion this year.
riF(~l1EST F R A Cortinued i0
B, rONDITIONAL t~SE PERMIT NO 2713 - }~-- 2-21-96
RETROACTIVE EXTENSION OF TIME TO COMPLY WITH
CONDITIONS OF APPROVAL: Louis Drapac, 201 E. Sandpointe,
Suite 450, Santa Ana, Ca 92707-5750,
requests a retroactive extension of time for Conditional Use Permft
No. 2713 (to permit a commercial office complex with waiver of
minimum number of parking spaces, maximum structural height and
isilocatedlat he northwest comerxofiState CallegelBoulevardPande~
Orangewood Avenue.
Continued ftom the January 8, and January 22, 1996 Planning
Commission meetings.
01/22/96
Page 2
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA JANUARY 22, 1996
~~
C. CONDITIONAL USE PERMR NO 3711 - REOUEST FOR AN Approved
EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF (fo expire 2-6-97)
APPROVAL: Fred Fiedler and Associates, 2322 West 3rd Street, Los
Angeles, CA 90057 requests an extension of time for Conditional Use
Permft No. 3711 (to permit an automotNe service station with an
accessory cornenience market, drive-through restaurant, and beer and
wine sales for off-premise consumption with waivers of permitted wall
signs, minimum number of parking spaces, required setback ftom an
arterial highway, and required Improvement of setback areas) to expire
February 6, 1997. Property is located at 5650 E. La Palma Avenue.
D. CONDITIONAL USE PERMIT NO 241 -REQUEST FOR Terminated
TERMINATION: Peter Hahm, 125 E. Ball Road, Anaheim, CA 92805,
requests termination of Conditional Use Permit No. 241 (to establish a
school in real estate, insurance and building fields). Property is
located at 125 East Ball Road.
TERMINATION RESOLUTION N0. PC96-4
E. CONDITIONAL USE PERMIT NO 3804 - REOUEST FOR REVIEW Determined that the
OF REVISED PLANS FOR SUBSTANTIAL CONFORMANCE: Peter revised plans are in
Hahm, 125 E. Bail Road, Anaheim, CA 92805 requests review and substantial conformance
approval of revised site plan for additional storage area (to establish a wkhrovedo lal s
motorcycle sales and service dealership). Property is located at 125 E. app p
Ball Road.
Peter Hahm, Anaheim Motor Sports, 125 E. Belt Road, Anaheim. Stated he submitted revised plans relatNe b~
the addftional storage yard in the back area of the parking lot.
Peter Hahm Indicated the fence will be screened but his main concern is security. He then presented a sample
of the material being proposed for the screening and indicated that you can see through it, somewhat.
Commissioner Boydstun noted with the skis street and plants in the parking lot area, she doesn't feel the
addftional storage yard would be seen from Ball Road. Mr. Hahm agreed and added that there will be a lot of
trees and landscaping.
Commissioner Boydstun asked Mr. Hahm H he is satisfied with the screening. Mr. Hahm answered 'yes".
01/22/96
~~ Page 3
JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
i
~_. -'
~e ~~ Recommended adoption
ScQ~€ AMENDMENT ~ PERTAINING TO DELETIt~S.
REFERENCES TO THE ANAHEIM CANYON INDUSTRIAL AREA: to the City Council
Requested by City of Anaheim, Planning Department, 200 South
Anaheim Boulevard, Anaheim, CA 92805•
CONDITIONAL USE PERMIT NO 2711- REOUE T F R Terminated
G.
~ER,MINATI N: Swede -Cal Properties, Inc., 1000 Quail Street, Sufte
220, Newport Beach, CA 92660, requests termination of Conditional
Use Permft No. 2711 (to ~~iffs located at 5101 /5109 Ea Lr, Palma
the ML (SC) Zone). Property
Avenue.
TERMINATION RESOLUTION N0. pC96-5
H. rONDITIONAL USE PERMIT NO 3581 -REQUEST FOR
INTERPRETATION OF A CONDITION OF APPROVAL. PEP BOYS,
CA 9!)015
Attn: AI Meloro, 1122 W. Washington Blvd., Los Angeles,
requests Interpretation of a condftion of approval pertaining to a
requirement for a security guard Pursuant to Conditional Use Permit
No. 3581 (to permit an automotive repair facility including the retail sale
and installation of automotive parts and accessories). Property is
located at 8205 East Santa Ana Canyon Road.
Approved request to
utilize a Pep Boys
employee, trained as a
security officer, to police
the parking lot rather
than hiring a security
officer from an outside
firm
Debra Hesiy, Regional Prevention Manager, Pep Boys, 1122 W. Washington Blvd., Los Angeles. Stated they
currently have an armed-guard service at the Pep Boys location in Anaheim Hills and that they wanted a copy of
the bylaws to check and see ff they could provide their own in-house security officer. She indicated she has
since receNedn hm~ e~ oedn hOUSeer therefore, her question rhas beena swered.~ officer, it doesn't state ff they
have to be co
Commissioner Meese asked ff her intentions are to provkle their own employee? Ms. Hesiy responded "yes, it
is°. Commissioner Messe asked ff the employee would be unfformed? Ms. Hesiy responded "yes".
Commissioner Meese asked will the employee be gNen any other responsibilities in the store other than being a
security officer? re s' nsibleras~a parkingboa elndant~ for theuftont of he store in any areas of the store, but
would be solely po
01/22/96
Page 4
r ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA JANUARY 22, 1996
ONDITIONAL USE PERMIT NO 3297 REQUEST FOR TERMINATION: Terminated
Nathan Russi, C/0 Donald Galbraith, Greentn3e Development Co., 648 N.
Tustin Ave., Ste. 'D', grange, CA 92667 requests termination of Conditional
Use Permit No. 3297 (to permit an 85-unR'affordable' senior citizens apartment
complex with waiver of minimum site area per dwelling unit and minimum
structural setback and yard requirements). Property is located at 935 S.
Gilbert Street.
TERMINATION RESOLUTION N0. PC96-6
CONDITIONAL USE PERMIT NO 3a06 REQUEST FOR TERMINATION: Terminated
The Planning Center, Attn: Marie Luna, 1300 Dove Street, Suite 100, Newport
Beach, CA 92660 requests termination of Conditional Use Permit No. 3806 (to
permit an approximataly 38 foot high, roof mounted communications antenna).
Property Is located at 5472 East La Palma Avenue.
TERMINATION RESOLUTION NO. PC9E~7 __
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JANUARY 22, 1996
r ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
2a. ~F~ne_ NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Approved
EADVERTISED ModfBed condtlons
2b. CONDITIONAL USE PERMIT N0.3642 (R ) of approval
(-o expire 11 /1 /96)
OWNER: DORIS K RICHTER, 5505 Garden Grove Boulevard, #150,
Westminster, CA 92683
AGENT: OFEIJA CASTELLANOS, C/0 J. C. Fandangos, 1086 N. State
Cc-Ilege Boulevard, Anaheim, CA 92806
LOCATION: 1986 N State College Boulevard (r ~ Fandango Restaun~
end night club). Property is approximately 9.07 acres located
north and east of the northeast comer of La Palma Avenua and
State College Boulevard.
Petitioner requests modfecation of a condition of approval pertaining to the
limitation of time to retain a restaurant and nightclub expansion including a
public dance hall with on-premise sale and consumption of alcoholic beverages.
Continued from the December 11, 1995 and January 8, 1996 Planning
Commission meetings.
CONDITIONAL USE PERMIT RESOLUTION NO. PC98-8
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
APPLICANT'S STATEMENT:
Javier Castellanos, 1086 N. State College Blvd., Anaheim, J C Fandango Restaurant and night club.
Stated they are requesting an extension for Conditional Use Permft No. 3642. He stated they are not in
agreement with the conditions the Poice Department has Imposed, and explained the reasons. 1)
two II hts on
Relative to the lighting illumination in the parking lot, he explained there are 1G light poles, 9
each pole, each light being 400 watts, and he feels the lighting illumination is sufficient for the parking
area. 2) Relative to the amount of security guards needao', he explained why he feels one security
guard is adequate and that he did have problems with the ,old security company, but has since hired a
new security company.
Tom Engle, Community Services Division, Police Department. Stated all the lights are working, but he
feels the parking area still is not bright enough. He asked ff the security guard will be working the door
along with the parking lot?
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JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
Mr. Castellanos clarified that the unffomted security guard Qicense and bonded ftom an outside
company) will only be working the parking lot area. Ha asked Mr. Engle, in his opinion, what is
sufficient IigMing?
Tom Engle responded that he has been out to the subject site on numerous occasions and reiterated
he feels the parking lot area is too dark and that problems have occurr~ at the subject location relative
stolen cars and vandalism. Mr. Engle stated he would like to guard issuer with Mr. Castellanos so a
compromise could be made relative to the lighting and security g
THE PUBLIC HEARING WAS CLOSED.
STAFF'S COMMENTS:
Commissioner Bristol asked for clarffication relative to the amount of parking spaces at the subject
t hteocustomer,they have a cholae tontpark in thenvalet sectiont or n the open parking a a~t~ it is up
Commissioner Bristol indicated he was at the subject location last Saturday night, and was concerned
relative to the one security guar v~vasonlot9 thin rhimban~ attentionBristol) was roaming jdriving in the
valet area and the security g paY 9 Y
Commissioner Henninger suggested a change in Condition #6(g) to read 'that they provido a maximum
of two uniformed security guards exclusively in the parking lot, and that the exact number is to be
determined by the Anaheim Police Department" (If one security guard could keep the problems down,
'" one would be sufficient, but ff not, two may be needed). Mr. Castellanos stated he would agree.
Commissioner Henninger suggested a change in Condition #6m, to read "that the lighting illumination
be Improved by maximizing the existing Tight standards to the satisfaction of the Anaheim Police
Department as they feel the illumination is sufficient.
Mr. Castellanos stated he would look into having the wattage of the light bulb changed. Mr. Engle
stated he was in agreement with having the bulb changed to a brighter light bulb.
Commissioner Henninger reiterated that Mr. Castellanos would need to meet with the Anaheim Police
Department to discuss the amount of security guards to be recommended, being one or two.
Commissioner Messe asked ff there were any issues raised relative to billboards? Greg Hastings,
Zoning Division Manager, indigted there was a concern regarding notices being posted on Caltran's
property and that a condition of approval had prohibited that from occurring. He explained the intent of
the posting was to be on City property, but was also occurring on Caltran's property.
Commissioner Peraza asked ff there were any issues raised relative to the trash enclosure? Greg
Hastings stated he believes the sanitation department, recently, inspected behind the building and
found that some repair was necessary. He explained there is a condition of approval on the original
conditional use permit which requires all trash enclosures, behbind thre bhedtnag,n a closure area back up
asked the applicant to work with the owner of the property 9 9
to code.
of/~/ss
Page 7
JANUARY 22, 1996
ANAHEIM CITY PUINNING COMMISSION - ACTION AGENDA
C_ - roved negative declaration is adequate to
ACTION: Determined that the previously app
serve as the required environmental documerrrtation for subject request.
Approved request. Modified Condition Nos. 4, 6.g, and 6.i of Resolution No.
PC93-118 to read as follows:
"4. That subject conditional use permit is hereby granted for a period of
one (1) year to expire on November 1, 1996.`
•g.g. That at any time on-premises entertainment and/or dancing is taking
place, the petitioner ~ IS ~~ s~el~ h m Ong lot, w ich guards
unfformed security g ~
shall maintain order and prevent any activity whites, and to erfevent ith
the quiet enjoyment by nearby residerrtlai props p
any unlawful or immoral cond~~(s ~s t be determ ned by the Anaheim
number of licensed security g
Police Department
"6.f. That the parking lot of the premises shall be equipped and permanently
maintained with maximum illumination capabilities within the existing
11ght standards to make easily discernible the appearance and conduct
of any persons in or about the parking lot area and to the satisfaction
of the Anaheim Pdice Department. Such IigMing shall be directed so
as not to interfere, illuminate or pose a nuisance to any adjacent or
adjoining residential properties.'
VOTE: 5-0 (Commissioners Bostwick and Mayer absent)
Selma Mann, Deputy City Attorney, presented the 22-day appeal rights.
01/22/96
Page 8
~~
JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
'r'ORICAL E."E'~ornnl.r:L4S 11
3a. GEOA CP -z
3b. VARIA_ NCE N • 42
OWNER:
WEIR PARTNERS, LTD., 2910 Red Hill Avenue, Ste. 110, Costa
Mesa, CA 92626
AGENT: HEATH & CO, Attn: Roy Ramirez, 3225 Lacy St., Los Angeles, CA
90031
LOCATION: ~ .oi c~ •"' were ranvon Road (vcamore Canvon PI .
Prop.9rty Es approximately 11.9 acres located at the southwest
comer of Weir Canyon Road and Serrano Avenue.
Petitioner requests waiver of permitted number of commercial entry signs to
construct t: 7-foot high, 28-square foot, monument sign.
Continued from the January 8, 1996 Planning Commission meeting.
CONDITIONAL USE PERMIT RESOLUTION N0. PC9s"~-
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
Concurred w/staff
Granted
OPPOSITION: None
APPLICANT'S STATEMENT:
Tim Pitts, Heath & Company, 3225 Lacy Strsat, Los Angeles CA, 90031. SQ a~e to is needednting
American Store's property, Sav-on Drugs and Ralph's GrocoV~ ~ tmie subJect request. They are in
monument sign on Serrano Avenue and .s asking for app
approval with the conditions, except for Condition No. 1. He hopes they are able to keep the existing
signage, as the maintenance for removing it wool n~center~. t He expainediwitO ut the sign thegn is
needed since it does direct people into the shopp g
entrance cannot sated thero roposed monument signfwould match the exist ng s g age. loss of
revenue. He Ind P
THE PUBLIC HEARING WAS CLOSED.
STAFF'S COMMENTS:
Commissioner Boydstun. She noted she drove by the subject location and also feels the existing
signage is needed to mark the driveway.
Commissioner Hennis9o the entrance. ment and stated the area does need some signage Indicating
where the driveway
01/22/96
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JANUARY 22,1998
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
Commissianer Messe asked .f there will be any information on the new proposed monument sign
showing directions to the subject location? Tim Pitts responded 'no'.
Greg Hastings, Zoning Division Manager. He indicated if the existing slgnage is approved to stay as ft
is, that Condition No. 1 shall b i ns mow j e also stated there were some changes (n Condition Nos. 2
and 4. (As indicated in the act
ACTION: Concurred with staff that the proposed project falls within the definition of
Categorical Exemptions, Class 11, as defined in the man EIRa~ is, therefore,
categorically exempt ftom the requirements to preps
Granted Variance No. 4284 with the following changes to conditions:
Deleted Condition No. 1
Modified Condftlon Nos. 2, 4 and 7 to read as follows:
2. That a minimum of three (3) broadheaded, non•deaid~uobue~~inc~nyon
trees shall be replaced/planted in the landscaped
Creek Road and the building labeled ShoPsscreenFingiof the existingeooi-
purpose of providing an effectNe landscape
mounted equipment on the "Shops 2' building.
4 surounding residential pr P ~ieShe building shall be shielded away from
7. That prior to final building and zoning Inspections, Condition No. 5,
above-mentioned, shall be complied wfth.
VOTE: 5-0 (Commissioners Bostwick and Mayer absent)
Selma Mann, Deputy City Attorney, presented the 22-day aPP~ rights.
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JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
~...,~
4a. C~EOA CATEGORICAL EXEMPTION CLASS 21
4b. CONDITIONAL USE PERMIT N0.2992 (gEApYERTISED)
INITIATED BY: CAn~aheim Blhvdm5l~ Floo~~~heim~CA 92805 S
PROPERTY OWG~ER: S 0~ ~' C 9YN 51E CHAIDEZ, 10091 Highcllff Drive,
LOCATIOP+: s a Pr ~~~IySO 6 affcrae located atahe southwes~comePofPerty
Santa Ana Street and Lemon Street.
Cfty-inftiated request to consider revocation or modification our antito Section
Permft No. 2992 (to permit a tree service contractor's yard) p
18.03.091 of the Anaheim Municipal Code.
CONDITIONAL USE PERMIT RESOLUTION N0. PC96-1~_
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
Concurred w/staff
Modified
(To expire 1 /22/98)
Bruce Freeman, Code Enforcement Supervisor. Stated the ftem is before the Commission in an effort to resolve
ditiferences that were identftied in the original resolution, as staff felt the condftions were not being met.
However, within the last 7 -10 days they have met wfth the applicant and the issues Code Enforcement had
roncems about have now been resolved. He stated that one addftional condftion is recommended to be added,
that the subject location is to have monthly inspectiathe cos of Ehe~ spectiensr a period of six (6) months. He
explained the applicant would be res n~ible to pay
APPLICANTS STATEMENT:
Jeff Williams, 507 S. Lemon Stre::., Anaheim. He Indicated he was in agreement to Mr. Freeman's
comments.
TF"E PUBLIC HEARING WAS CLOSED.
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JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
~:..
STAFF'S COMMENTS:
Cheryl Flores, Associate Planner. She indicated that in paragraph 5 of the staff report, there is a change in
the wording, ft reads'Condftion No. 9 - Sdid gates have been installed', and ft needs to read "Condftion
No. 11 -Solid gates have been installed'.
Commissioner Hinninrg~ on a continual basis. r time Ilmit be issued on the subject use permft to ensure the
condtions are be g
Mr. Williams asked ff after two years he would 9 able t ~~ ey~~ thereoforeh MrC.olNilliamsowas inrte~ the
condftionai use permit? Commissioner Hennin er respo
agreement.
CommissiohnaeS M~sc 11Vill ms indic~alted they aces now inntheir busy season sodit mobs seenlamore often than
previously
normal, but noted that one pile of debris is rarely left for more than 36 hours.
Commissioner M Wi~liams~ pondedor'~heyl~l end leavorstondoftha~ybe the debris should be removed
more rapidly; Mr
Selma Mann, Deputy City Attomey, stated that in two years the applicant will need to initiate a request for
readvertisement as the condftional use pennft will expire on January 22, 1998•
ACTION: Concurred with staff that the proposed project falls wfthin the deflnftion of
` cat gorically exempt from the requirement~to prepare an E Rand is, therefore,
Perrnft No. 29921by adding the followng cconditions of apprtovaCondftionai Use
That subject use pennft is hereby granted for a period of two (2) years, to
expire on January 22, 1998•
That the property owner shall be responsible for the cost of monthly Code
removal ofnany refuseoand waste generated in)the course of the buslness.ly
VOTE: 5-0 (Commissioners Bostwick and Mayer absent)
Selma Mann, Deputy City Attomey, presented the 22tlay appeal rights.
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JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
~.. C
5a. rE ~ NEGATIVE DECLARATION Continued to
2-21-96
5b. CONDITIONAL'!SE PERMIT N0.3812
Max Cukier & Miriam
OWNER: T.W. Irnestment Corp; I. S. Irnestment Corp;
Cukier,Trustees Cukler Family Trust; lava betzel, Trustee betzel
Inervivos Trusts,C/0 KAPE PROPERTIES, P.O. BOX 6474, Beverly
Hills, CA 90212
AGENT: M.B. TECHNICAL SERVICES, Attn: Michael Bates, 1539 W. Spring
Street, Long Beach, CA 90810
^^~ 1341 North Blue Gum Street. Property is approximately
LOCATION:
9.7 acres logted at the northwest comer of Miraloma Avenue and
Blue Gum Street.
To permit an sutomotNe van cornersion and modification facility (n an existing
industrial business park.
CONDITIONAL USE PERMIT RESOLUTION N0.
FOLLOVNING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
-- OPPOSITION: None
ACTION: Continued subject request to the February 21, 1996 Planning Commission
meeting In order to allow sufficient time for the applicant to prepare and submit
revised plans and information which accurately reflect the overall scope of the
existing and proposed business activities.
VOTE: 5-0 (Commissioners Bostwick and Mayer absent)
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Page 13
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
JANUARY 22, 1996
Concurred w/staff
6a. ~EQA EXEMPTION SEC RO~NO 15061 Ibll~1.
6b. DETERMINATION OF P ~ CONVENIENEE OR NECESSITY N0.96-Q7 Granted
OWNER: PROPERTIES NC. P.O.IBox 27447,/Legal Dept.~Salt lake City,
UT 84127-0447
AGENT: LUCKY STORES, INC., Attn: Ann Hall, 1500 S. Anaheim Bivd.,
Anaheim, CA 92805
LOCATION: ass So~~th Euclid Street ISuoer Saver Foodsl. Property is
approximately 6.45 acres located at the northwest comer of
Broadway and Eudk1 Street.
Petitioner requests determination of public cornenience or necessity for an
winehanid generagliquor) forioff premispe nconsumptionfin conjuincton withea deer,
supermarket.
RESOLUTION N0. pC96-11
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
APPLICANTS STATEMENT:
Ann Hall, 1500 S. Anaheim Blvd., Anaheim, CA 92805. Stated she is representing Lucky Stores, Inc.,
and is present to answer any questions.
THE PUBLIC HEARING WAS CLOSED.
STAFF'S COMMENTS:
No comments were addressed by staff.
ACTION: Concurred wRh staff that the proposed project falls within the definftion of Categorical
Exemptions, Class 15061(b)(3), as deft rean EIR State EIR and is, therefore, categorically
exempt ftom the requirements to preps
Approved request based on the infom~ation submitted by the applicant. Determined that the
sale of alcoholic beverages (beer, wine and general liquor) for off premises consumption is a
public convenience at this IocaUon based on the following:
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JANUARY 22, 1896
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
(a) That the proposed off-premise sales of beer, wine and general liquors is in conjunction
with afull-service supermarket providing a mix of products to the local consumer for
one-stop shopping cornenience.
(b) That the alcohdic beverage display area accounts for less than 5% of the total gross
floor area of the supermarket facility and is a critical, though minor component of the
low price competitive supermarket business.
(c) That the supermarket is open to the public ftom 6:00 AM to 12:00 Midnight for full
service shopping cornenience.
(d) That there are no other full service supem~arkets located within an approximate one
mile radius of the subject property.
VOTE: 5-0 (Commissioners Bostwick and Mayer absent)
Selma Mann, Deputy City Attorney, presented the 22~Jay appeal rights.
01/22/96
Page 15
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA JANUARY 22, 1995
7a. rEQA EXEMPTION SECTION N0. 15061 (bl (31 Concurred w/staff
7b. DETERMINATION OF PUBUC CONVENIENCE OR NECESSITY N0.96-02 Granted
OWNER: MFGUVONIA PROPERTIES INC., C/O AMERICAN STORES
PROPERTIES INC., P.O. Box 2744.7, Legal Dept., Salt Lake City,
UT 84127-0447
AGENT: AMERICAN DRUG STORES, Attn: Paulette Dewire, 1500 S.
Anaheim Blvd., Anaheim, CA 92805
LOCATION: 275 South Euclid Stree' (Sav-On_Druasl. Property is
approximately 6.45 acres located at the northwest comer of
Broadway and Eudki Street.
Petftioner requests determination of public convenience or necessity for an
alcoholic beverage contrd license to permit the sale of a~coholic beverages (beer,
wine and general liquor) for off premise consumption in conjunction with a retail
drug and variety store.
RESOLUTION N0. PC96-12
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
1 Interested person spoke
APPLICANTS STATEMENT:
Paulette Dewire, 1500 S. Anaheim Blvd., Anaheim. Stated she is representing American Drug Stores
and is present supporting the subject request.
PUBUC INTEREST:
Robert Linn, 507 Meadow Brook. He asked ff large retail stores have Iimftations relative to selling single
bottles of beer and/or liquor containers under a certain size? Commissioner Messe responded "there
are limitations which have been imposed and under those assumptions the Commission is granting the
determination of public convenience'.
THE PUBLIC HEARING WAS CLOSED.
STAFF'S COMMENTS:
No comments were addressed by staff.
oi/22/9s
Page 16
JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
~" ACTION: Concurred with staff that the Proposed Project falls within the deflnftion of
herefore, categeorically exempt fr~om6 t%(3~luiremeMs tlo prepa elan EIR.~ is,
Approved request based on the information submitted by the applicant.
Determined that the sale of alcohoic beverages (beer, wine and general liquor)
for off premises consumption is a public cornenience at this location based on
the following:
(a) That the proposed off-premise sales of beer, wine and general liquors is in
conjunction wfth a major retail drug and variety store which provides a mix
of sales products to the local consumer for one-stop shopping
cornenlence.
(b) That the alcoholic beverage display area accounts for 9°~ of the total
gross floor area of the retail facility.
VOTE: 5-0 (Commissioners Bostwick and Mayer absent)
Selma Mann, Deputy City Attorney, presented the 22-day appeal rights.
01/22/96
Page 17
JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
8a. rEOA NEGATNE DECLARATION (PREVIOUSLY APPROVED)
8b. rONDITIONAL USE PERMIT N0.3630 (READVERTISED)
OWNER: JULIA AMARAL, Post Office Box 1450, Nevada City, CA 95959
AGENT: EL VAQUERO FAMILY RESTAURANT, 1168 S. State College
Boulevard, Anaheim, CA 92806
LOCATION: ~~~~"rh State CoI1Rne eou~~r~ tEi Vaauero amily
R nt . Property is approximately 1.3 acres located at the
southeast comer of Almost Avenue and State College Boulevard.
Petitioner requests modfflcatlon or deletion of a condition of approval pertaining to
the limitation of time to retain a public dance hall with on-premise sale and
consumption of alcohdic beverages in conjunction with an existing restaurant.
CONDITIONAL USE PERMIT RESOLUTION N0. PC96-13
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
APPLICANTS STATEMENT:
Approved
Modffled conditions
of approval
(fo expire 7-22-96)
Andres Durango, 1168 S. State College, Anaheim, representing EI Vaquero Family Restaurant. He
indicated he was present in support of the subject request.
THE PUBLIC HEARING WAS CLOSED.
STAFF'S COMMENTS:
Commissioner Boyd~s>eudn yes and explained the a are two floors the bottom floor being the
Mr. Durango rsspo
restaurant.
Commissioner Messe asa ~dmissiorn charge wh ch would lncl~ude the biuffetand thel dance area?fairs
you would have to pay
Mr. Durango responded 'that is correct.
Tom Engle, Personnel Officer, Anaheim Police Department. Stated in the Police Department's opinion
there are no food sales being made.
Commissioner Peraza asked Mr. Engle if he, personally, has been upstairs during the dance hour in
which he didn't see any food sales? Mr. Engle responded the irnestigations that were conducted at the
restaurant, ntot as a night club.i He stated~in their opinionaft is~being operated asla night club.
01/22/96
Page 18
____ ____ _. _.................,~~~.,~ _ er~nntu er•.~Nne JANUARY 22, 1896
He explained ff you take away the buffet and indude the wording admissions, the figures show they are
selling a lot more in admissions & alcohol than their food sales.
Commissioner Bristd asked ff persons under 21 are allowed to go upstairs and downstairs?
Mr. Durango responded,'yes'. Commissioner Bristd asked during certain times are the cover charge
restrictions? Mr. Durango explained the dance floor is open at 8:00 p.m., ff you pay
you can go upstairs and eat.
Commissioner Bristd asked ff a 17-year-dd person is allowed to go upstairs after 11:00 p.m.
Mr. Durango responded 'yes'. Commissioner Bristol asked ff the buffet is available at 11:00 p.m.?
Mr. Durango indicated food is served untU 12:00 -12:30 p.m.
Commissioner Henninger stated the Poice Department's lette^of dean he ~~ff`~s madePtherefore,
Department Indicates the subject business is not fully complyi g
he asked for the Police Department's opinion relative to the existing operation being the same, better or
worse?
Mr. Engle responded 'about the same' and indicated they also need to adhere to the illumination
problems in the parking lot area.
Commissioner Messe asked ff staff would like a few weeks to review the statistics and flg~:- as that were
just receNed and 'rf so, he would suggest a continuance? Mr. Engle commented it is their Desire for
the business to be in compliance with the conditional use permit.
Commissioner Henninger suggested Ito have the permit conformed to a night club designation and then
condition It appropriately.
Mr. Durango explained the percentage of their food sales have been increasing because, recently, they
have been more successful in purchasing their food at a lesser price and he now feels the food sales
will continue to go up.
Commissioner Henninger noted ff the buffet is sort of an admission charge, then the figures are far
away ftom where they should be to meet the definition of a restaurant. He suggested the item be
continued for 60-days with the night dub definition being brought forward and consider h as a night
dub.
Selma Mann, Deputy City Attorney. She stated the continuance would need to be loser to 90 days,
since it would need to be brought before the Planning Commission and then set for a City Council
public hearing, she then explained the necessary procedures that take place following the hearing..
Greg Hastings, Zoning DNision Manager, indicated it could be 90 days or more, depending on action
taken by City Council relative to the ordinance.
Commissioner Henninger suggested to approve the request for a 6-month extension and review again
at that time. Commissioner Messe was also in agreement.
Commissioner Henninger asked ff they've ~ s inilthe parkinu area, one in tie ba aardea aMd two on he
stated they have two uniformed security g 9
dance floor which occurs every Thursday through Sunday.
01/22/96
Page 19
.~......,,. e~ w~uwr rrnu~urCCr(1N . OCTtON AGENDA JANUARY 22, 1996
~~ Mr. Engle asked ff they are utilizing contract security guard service or in-house security? Mr. Durango
stated they are contracted.
Commissioner Henninger notes the existing condition indicates four uniformed security guards to be in
the parking area He suggested the wonting to be changed to read "to have a maximum of four
unfformed security guards, with the exact number to be determined by the Anaheim Police
D;~partment".
Commissioner Messe asked ff the dfireway sftuation could be addressed. Alfred Yalda, Principal
Transportation Planner, stated the driveway is in good condition. He stated there is a utility pole on
one skis of the driveway which would need to be removed ff the dfireway is redone, and noted it would
be very expensNe to remove the utility pde, therefore, staff recommends Condftlon #13 in Resolution
No. 93R-217, be deleted.
ACTION: Determined that the previously approved negative dedaration is adequate to
serve as the required environmental documentation for subject request.
Approved request. Modified Condition Nos. 1 and 8 of Resolution No. 93R-217
adopted in connection with Conditional Use Permit No. 3630 to read as follows:
1. That subject use pennft is hereby granted for a period of s[x (6) months,
to expire on July 22, 1995.
S. That at any time entertainment and/or dancing is provided on the
premises, the applicant shall provide a maximum of four (4) unfformed
- security guards (licensed and bonded) in the parking lot to maintain order
therein and to prevent any activities which would Interfere with the quiet
enjoyment by nearby resklents of their property. The exact number of
licensed security guards is to be determined by the Anaheim Police
Department.
Deleted Condition No. 13
Added the following new condition:
That the parking lot of the premises shall be equipped and permanently
maintained with maximum Illumination capabilities within the existing light
standards to make easily discernible the appearance and conduct of any
persons in or about the parking lot area and to the satisfaction of the Anaheim
Police Department. Such lighting shall be directed so as not to Interfere,
illuminate or pose a nuisance to any adjacent or adjoining reskiential
properties.
VOTE: 5-0 (Commissioners Bostwick and Mayer absent)
Selma Mann, Deputy City Attorney, presented the 22-day appeal rights.
_ 01/22/96
PagA 20
JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
~`J
9. rocr~usclgN ITEM:
An u sled presentation
NATURAL rOMMUNITY CONSERVATION_ PLAN & HABITAT Pd
^^"'SERVATION PLAN (NCCP~ --PRESENTATION BY COUNTY OF ~ven b County of m was
ORANGE ENVIRONMENTAL MANAGEMENT AGENCY STAFF. ~ grange sstaff
Linda Johnson, Senior Planner. Stated an updated presentation will be provided relative to the Natural
Community Conservation Planning (NCCP) program by Tim Neeley and Gary Medeiros with the County
of Orange.
She gave status relative to the circulation of theroce/ssiSStaff is nowjinthe pro ess of compiling five to
the O.C. Planning Commission public hearing p
comments, as they are due to the County by January 29th. The O.C. Planning Commission has held
one meeting where an overall presentation was made, a second meeting is scheduled for February 20th
to address comments made.
Tim Neeley. Stated he was present before the Commission a year ago at which time he gave an
overview of the program. The program is still under the same status except now its more finalized. He
gave background information on the NCCP program and explained the new program is designed to
CounVe has been dividediup ilntoetwo ssub-reg ons to devtelop plans for the habitat protection~sis. The
ty
Hosted o the Chambe~ wall. He furthe continued by explainignig the boundae s illustrated on t ech is
P
exhibit.
At the previous meeting there was a concern by City statff i alativea~eodtto be a connectiontthrough Coal
sub-region on up to Chino Hills area, to the north, by pp
Canyon. He stated, now, they are not proposing C~iCh is ad scent to Coal Canyon, in the RNersiden
is being proposed through the Mindeman property 1
County area.
They have also attempted to modify the boundaries to conform to trticu arl~te Coal and Gypsum
commitments based on the approved plans throughout the Ciry, pa Y
Canyon project areas.
He spoke relative to the creation of anon-profit corporation being comprised of public agency member
be worked out; development of an ex otfc species control p an and development of aeghazing plan. to
He explained the many contributions and different approaches to be made for funding the proposed
project He continued his presentation by giving the Commission extensNe updated information of the
subject plan.
Concluding, he notes there is an implementation agreement which commemorates the points mentioned
Commission onl February 20j~996ahe then explained the procedu~res~that will take place tOhereafterning
01/22/96
Page 21
JANUARY 22, 1996
ANAHEIM CITY PLANNING COMMISSION - ACTION AGENDA
s ~!:
Linda Johnson spoke relatNe to t lative t the three designatons 1) the eserve82) the exis ing use~ands
and gave extensive Information re
(3) the special Ilnkage.
She tndicated staff is concerned with the mgigation fee ($50,000 es in disturbed areas is not accurate
She stated the background mapping showing the vegetation typ
The County was not able to verify it in time to circulate their EIR, therefore, staff
(Anaheim Hills area).
feels the map would need to be accurate before the program is adopted.
Discussion followed betwaen Commit oin areas)nninger, Linda Johnson and Tim Neeley relaYNe to the
Fire Management Plan (fuel modffica
Linda Johnson. She concluded heill beSeepalrin9 detail~edl comments as they areldue~tothe County by
program and reiterated that staff w P
January 29th.
Commissioner Henninger stated that "in his opinion, personally, it seems the subject land has been
ro riated by the Federal Government and they should pay for it".
app P
res onded to the last statements made by Linda Johnson and Commissioner Henninger,
Tim Neeley P
thereby concluding his presentation.
~ - MEETING ADJOURNED AT 3:37 P.M.LANN NG COMMISSION JOINT WO K:'41OPE THE FOOLLOWING
CHAMBER, FOR A CITY COUNCIL/P
PRESENTATIONS WILL BE MADE:
(B) COMMUNICATIOI~ ANTENNAS RAM
Respectfully submitted,
Elly Fe andes, Senior Word Processing Operator
Planning Department
01/22/96
Page 22
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