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Minutes-PC 1996/02/05f~ \_. ~ SUMMARY ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, FEBRUARY 5, 1896 11:00 A.M. PRELIMINARY PLAN REVIEW 1:30 P.M. PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS PRESENT: BOS7WICK BOYDSiUN, BRI5TOl, ~ ~~' MESSE AND PERAZA COMMISSIONERS ABSENT: NONE STAFF PRESENT: Selma Mann Greg Hastings Cheryl Flores Mary McCloskey Sean Gerber John Poole Timothy Dunn Allred Yalda Natalie Meeks Steve Walker Margarita Solorio FJiy Fernandes Deputy Gty Attorney Zoning Division Manager Associate Planner Deputy Planning Director Associate Planner Code Enforcement Manager Code Enforcement Officer Prindpal Transportation Manner Civil Engineer Sergeant Vice Detail Senior Secretary Senior Ward Processing Operator PROCEDURE TO E76~EDiTE PLANNING COAIINUSS10P1 PUBLIC FIFJIPoNGS t. The proponents in applications which are not contested will have fire minutes to present their evidence. Additional time will be granted upon request if, in the opinion of the Commission, such additional time 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 additional time is requested and the complexity of the matter warrants. The Commission's considerations are not determined by the length of time a participant speaks, but rather by what is said. 3. Stall Reports are part of the evidence deemed received by the Commission in each hearing. Copies are available to the public prior to the meeting. 4. The Commission will 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. 6, All documents presented to the Planning Commission for review in connection with any hearing, including photographs or other axeptable visual representations or non~documentary evidence, shall be retained by the Commission for the public record and shall be available for public inspections. 7. At the end of the scheduled hearings, members of the public will be allowed to speak on items of interest which are within the Jurisdiction of the Planning Commission, and/or agenda items. Each speaker will be allotted a maximum of five (5) minutes to speak. MI960205.wp 02/05/y6 Page 1 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1986 REPORTS AND RECOMMENDATIONS: A. CONDITIONAL USE PERMIT NO 3217 -REQUEST FOR A RETROAC~VE Determined that EIR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: 294 is not adequate Frank Vandenberg (America Realty Advisors), 700 North Brand Boulevard, to serve as the Ste. 300, Glendale, CA 91203, requests a retroactive extension of "me to ernironmertal expire January 23, 1997 for Condftional Use Pemtft No. 3217 (to cor~~truct a documentation ,~,r 750-room hotel facility with accessory uses wfth waiver of maximum fence subject request and, height and minimum number of parking spaces). This petftfon was originally further, denied approved on December 12, 1989. Property is located at the northwest comer request for extension of Harbor Boulevard and Orangewood Avenue. of time Frank Vandenbergh, American Realty Advisors, 700 N. Brand Boulevard, Ste. 300, Glendale. He expressed how difficult it's been to find someone who is willing to develop the subject property. He is concerned because the economics for hotel developments are difficult. He asked that the density contemplated by the conditional use permft remain and explained they are willing to work with staff on the subject condftfons relative to the mftigation measures, parking requirements, and other requirements of the specific plan. Mary McCloskey, Deputy Planning Director. Stated most of staff's recommendations have been addressed `~ in the staff report. She explained the property through the specffic plan had a higher dens'tty identified as long as the CUP was valid, however, the underlying specific plan zoning does allow for 125 unfts per gross acre provided that traffic characteristics are mitigated to 100 rooms por acre. Staff feels that since the time of the environmental documentation was completed that there have been three specific plans which now govern the subject area; adopted as well as an extensive mitigation monitoring program which the project is not subject to, therefore, staff feels the environmental documentation is r,~ot adequate at this point. She indicated since the time extension has not been exercised for six (6) years, that they would have the highest dens'tty in the entire Anaheim Resort area which would equate to approximately 157 rooms per acre versus the maximum of 125 that is now existing in the area. Staff feels they should be subject to the same mitigation montoring program as the rest of the property ovrners in the subject area, therefore ft would be appropriate to deny the time extension. Commissioner Henninger asked when does an E.I.R run out? Mary McCloskey responded that an E.I.R becomes inadequate when the environmental condftions change or the condftions change in an area where there are significant impacts that could occur, warranting a different ernironment review. Commissioner Messe asked if they could condftion the mftigatinn monitoring program onto the subject prof sot? Mary McCloskey stated when the revised plans come in indicatl;~g to staff how the new standards would be met, the public hearing process would then take place. At that point, staff could impo~a mftigation measures and submit it along with an initial study that would go through the environmental documentation. The mitigation monitoring program could then be adopted, however the dens'dy problem would still be an issue. 02/05/96 Page 2 FEBRUARY 5, 1996 eNF~ru CITY PLANNING COMMISSION - aUMMARY ACTION AGENDA Selma Mann, Deputy City Attorney. Stated 'in order to impose addftional condftions that are going to be binding upon whoever will be purchasing the property down the Ilne, the recommendation would be that that be done pursuant to a public hearing, or in connection with a public hearing at which time any other changes could be considered. She reminded the Commission their action today constitutes a discretionary action in ftself subject to CEQA, she asked the Commission ff they are conskJering to make a decision today that a separate motion be made for the CEQA determination with regard to EIR No. 294 (which was certified in 1989) whether ft is or is not adequate to serve as the errvironmental documentation for the subject project, which is the decision before the Ccmmission." Commissioner Henninger stated he can't imagine the E.I.R to be adequate because the structure of the regulations have changed for the area and the environment is now completely different. Mary McCloskey agreed with Commissioner Henninger's comments and explained the density in the area was about 75 dwelling unts per lot, and since that ti~:.a •_~° specific plans have projected ultimate growth in the area. Commissioner Boydstun asked ff the property was sold and they were to come in now with new plans would they be entftled to 637 units, by right? Mary McCloskey responded °yes', and explained ff they were to include any retail in the subject area their existing square footage would reduce the count by one (1) hotel room for every 600 square feet of accessory retail. Thoiximatei 30,700 square fee ), that has b ene equivalent of an addftional 51 roosns in accessory use (app Y associated wfth their existing entftlement. sub ect area is Mo longeri ceded, and asked ff s developer cou Became innand buiad tonthe legal lirnft lofthe f density? Mary McCloskey explained the streamline process as set forth in the specific plan, indicating that a final site plan approval would come before the Planning Commission as a Report and Recommendation ftem at a public meeting. At the meeting, the applicant would need to show that they fall wfthin the guidelines and the perimeters of the specific plan. They would also need to submit an Environmental Compliance form which would demonstrate that they're also in conformance, or within perimeters of the project relative to the E.I.R. If the specffic plan densfties are met, chances are the perimeters of the E.I.R would also be met which would allow them to go forward wfth obtaining a building permit. A motion was passed indicating the previously approved E.I.R pertaining to Condftional Use Permit No. 3217 is not adequate at this time, therefore, the time extension was denied. 02/05/96 Page 3 ` ANAHEIM CITY PLANNING COMMISSION •• SUMMARY ACTION AGENDA FEBRUARY 5, 1996 !~ B. rONDITIONAL USE PERMIT NO 3724 - REQUEST FOR A RETROACTIVE Approved EXTENSION OF TIME TO COMPLY WITH CONDITIONS cf~ APPRu~~L: (To expire 11-14-96) The Roman Catholic Bishop of Orange, 2811 E. Villa Real Drive, Orange, CA 92667, requests a retroactive extension of time to expire on November 14, 1996 for Conditional Use Permit No. 3724 (to permit an approximate 38,000- square foot church facility within the ML Zone). This petition was originally approved on November 14, 1994. Property is located at 412 N. Crescent Way. Donald Crough, 2811 E. Villa Real Drive, Orange. He stated he is the Construction Manager for the Diocese of Orange and explained that they have overlooked the time which is why they tiled late, but do expect to have everything finalized to conform a contract by early March. Commissioner Henninger stated "in his opinion, the C.U.P approval was a seric~s mistake because ft has seriously injured the industrial area and feels th~~ Commission now has the opportunity to correct that mistake." Commissioner Boydstun asked for an update relative to the plans. Cheryl Flores, Associate Planner, responded that the plans have been submitted and she indicated there are two condftlons of approval that still need to be met pertaining to the subject payment. ~- Commissioner Messe referred to the "Summary of Operation' form that was submitted, and asked if the hours of operation will be complied with as indicated. Mr. Crough responded 'yes'. Commissioner Messe indicated at a previous public hearing pertaining to another matter (October 30, 1995, Item 8), the Commission had recoived some Intended hours of operation in which he (Commissioner Messe) was "shocked". Mr. Crough explained that the bishop was also 'shocked' because he w'as not part of any objections relMtlve to Penhall's request to insta!I a rock crushing plant. Private citizens who are members of the Korean community were present, but it was not condoned by Administrator Father Kim nor the majority of the people who are part of the Korean community. Commissioner Henninger stated the people who spoke at a previous public hearing relative to the rock crushing facility, represented themselves in connection with the church. Mr. Crough stated he understands, however, it did not come from the bishop (owner of the property). Commissioner Boydstun esked if Father Kim testffled at the previous meeting? Mr. Crough responded 'no, he wasn't present". Bishop Michael Driscoll, Auxiliary Bishop, Diocese of Orange. He stated Bishop Iecto prote~ a i~kf were very embarrassed when they found out one gentlemen gathered a group of peop crushing facility. He explained the diocese was being ruined by one gentleman and stated in the future, Bishop McFarland Intends to make sure community members do not cause anymore problems. t 02/o5/ss Page 4 ,ANAHEIM CITY PtJ1NNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 ~.; He stated they have contacted members of the Penhall Company and apdogized for the behavior made by community members. Penhall is now aware that the bishop and the diocese were not in favor of the protest. Commissioner Bristol asked Bishop Driscoll ff he has knowledge relative to the church having any interest in proposing a school? Bishop Michael Driscoll stated he is not aware of such an Intent. 02/05/96 Page 5 rrrv ai eNNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 )' ~., 2a. CEOA NEGATIVE DECLARATION RE~DVOEf TISED)PRCVED) 2b. VARIANCE N0.4053 ~ OWNER: DON V. EDMUNGS TR., C/0 Hardin Oldsmobile, 1370 S. Anaheim Bivd., Anaheim, CA 92805; DON V. EDMUNDS AND GARNET A. EDMUNDS, P.O. BOX 42, Pistol River, Oregon 97444 AGENT: HARDIN HONDA, Attn: Dennis Hardin, 1381 Auto Center Drive, Anaheim, CA 92806 LOCATION: 1381 East Auto Center Drive (Hardin Hondal. Property is approximately 2.3 acres located on the north side of Auto Center Dfire and approximately 720 feet west of the centerline of Phoentx Club Drive. Petitioner requests an amendment to a condition of approval pertaining to a time limitation for a sign panel addition to a freestanding pole sign at an existing auto mall. Continued from the January 8, 1996 Planning Commission meeting. VARIANCE RESOLUTION N0. PC96.14 _ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: The applicant was not present. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Approved Approved amendment to conditions of approval Commissioner Masse stated the request will meet the applicant's fmmed~ate needs, but ff in the future the applicant wishes to change the sign that royal of Ithe subject ragas t, before the Commission. He stated he would recommend app 02/05/96 Page 6 FEBRUARY 5, 1996 HFiM c1TY PLANNING COMMISSION - SUMMARY ACTION AGENDA ACTION: sDerve aas th trequhed errviironmentalcd o mentatlon o asubject r q~ ~ to to Approved request. Deleted Condition No. 5 of Resolution No. PC93-120, in its entirety. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 02/05/96 Page 7 FEBRUARY 5, 1996 ANAHEIM CiTY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~_ ~; 3a. CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) Approved Denied request to 3b. CONDITIONAL USE PERMIT N0. 1978 (REApVERTISED) m~l{y conditions OWNER: NIRMALABEN S. PATEL AND SUMANBAHAI N. PATEL, of approval 426 S. Beach Boulevard, Anaheim, CA 92804 LOCATION: 426 South Beach Boulevard (Pacific Inn Motell Property is approximately 0.36 acre located on the east side of Beach Boulevard and approximately 461 feet north of the centerline of Orange Avenue. Petitioner requests modification of a condition of approval pertaining to the limitation of time to retain a 23-unit motel. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-15 OPPOSITION: One person spoke VERBATIM TRANSCRIPT Chairwoman Mayer. Item No. 3, which is at 426 S. Beach Boulevard, C.U.P number 1978. Is the applicant ,l here for that project? If you would please give us your first and last name and spell your name and also your street address, and please spell the street name. D.R.A.G.O.N. I represent the Michael Dragon. Good Afternoon counsel. My name is Michael Dragon, Patels' at 426 South Beach Boulevard in Anaheim, B.E.A.C.H. Boulevard, erwork last Friday, weaequest a retained legal counsel and received our C.U.P, condftional use permit pap continuance until the 18th of March, if we may, for legal counsel tc -. Chairwoman Mayer. I'm sorry, continuance to what date? Mfchael Dragon. March 18, please. Chairwoman Mayer. March 18, thank you, is there anyone else in the audience that wish to address this, uh, item, would you please come forward? And they've asked for a continuance on March 18th, would you like to come back at that time or would you prefer to speak pow? Carole Stanley. Madam Commissioner, um, March 18, would be an acceptable date, although I am prepared today and would prefer to go forward today. Chairwoman Mayer. Go ahead, your name? Carole Stanley. My name is Carole Stanley. I live at 235 S. Beach Blvd., Anaheim. Chairwoman Mayer. Would you spell your last name please? ~_ 02/05/96 Page 8 FEBRUARY 5, 1996 .ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ' .Y C.A.R.O.I_E. I have spoken before you, Planning Commission, in the past Carole Stanley. S.T.A.N.I_E , and especially in regards to the Pacffic Inn and I want to thank you once again for allowing me this prhiilege and this honor to be able to speak to you again today regarding the Pacific Inn. I'm no longer a twelve year resident of Anaheim, I've now graduated I'm thirteen years. And still for the last two years I have been a very ac ~h Weistgnaheim Better Businesses and Concerned Citizens we still will golby BBCC. BBCC. We are no The Pacific Inn Motel has been there far too long. They have kept us awake at night, with the screeching tires, with the engines running, headlights flashing in and out, coming In and out of the drNeway. We have according to the pictures in the seen the women come out, who in my book are definitely prostitutes, movies and according to what the police have showed us pictures of. We see them go down to the comer and stand and waft, approach men, talk to them, get in their cars and leave. We have seen them approach walk ups and get talking wfth them and go back to their motel, wfth that pe~stoaying one to two minu!ese8n far too many cars, same cars, hour after hour going in and out, In and out, Unfortand what their doing,rbut there is actually noeason for the amounttof traffic that place haspon al daily, going continual basis. Our safety is at danger at this point, we have seen cars that, come, that are on the, going north on Beach Boulevard pulling into the lot they are coming down Beach Boulevard so fast and they turn into that lot so surprisingly with no signals that the cars behind them t-~.:e trouble navigating around them without hitting them. Which consequently throws on one, two, three cars in a role, throw on their brakes. Cars are hoking their horns at this individual that is pulling in. That not only creates noise an unnecessary noise, but ft does treats safety. If someone is walking down that street and we have a lot of Ifttle old people in that area, if theirs wt Ikbe able otget out of the way. oAnd we are con erred forthose peoplethere in a hung, their not go g We've gone on police ride along where we accompanied the police officers and we see what is going on, on a regular basis, what they go through as an officer and what they see in their neighborhood. We have seen prostitutes picked up with the Police Department, taken down and booked. Those same women are coming out of that motel. Whether they live there, I don't know. Whether they work there, I don't know. Their just coming out of that motel. lass bottles and anything We have seen men pushing grocery carts full of aluminum cans, plastic bottles, g else that was, of what he felt was valuable. Those items are dirty. We've watched them pull them out of the various trash cans in the area. If their anything like the aluminum cans around my area, they've got ants, they've also at night have been invaded by the possums, the rats and the mice in the area. Their taking these cans back to their rooms. These roo..., these cans and what have you are being stored in their room. We have personally watched and seen them carry five and six very large trash bags in one day at a time and in three or four or five days we've seen them do this each and every day. That's one heck of a lot of aluminum cans, dirty with the, with the smell of of coke and, and uh~y Weoeagaci 9 o have other critters have you. That again is gonna bring more ants and the food chair, coming up also. That's a safety hazard, ft's a health hazard. It's, ft's ridiculous. This motel has passed fts prime. At one time ft might have been a good thing for the Anaheim area when we had a lot of tourists. We no longer have the tourists,'~re have the homeless, the derelict, the drug dealers, the prostitutes, the pimps, and we don't need ft. We need something like what the middle of Anaheim has ~ li thinas We don't have any ofthat out there. your Disneyland supporting you and bringing in all these n ce 9 02 05 96 Page 9 t ieNEiM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 We don't have ~r3 colleges coming in and, and putting in law schools in our area. We don't have any st re, after store closes, the only ,mall we have sff the BuenaoPark Mall and I believe we counted 32 empty er stores, as of last week. We need help, we need to close down these pftfful, outdated, outmoded motels that are no longer of any value, whatsoever, except to promote prostitution and drugs. With your help today, we can have that. This motet ff ft's going to stay open, needs a security guard 24hours a day, 7 days a week, without question. There's too much going on there and we want to put a stop to it and ff you could dose them down, we would love it. Thank you very much for the honor of being hear today. Chairwoman Mayer. Thank you, is there anyone else in the audience that wishes to speak on this project? I'll like to hear from staff. John Poole, Code Enforcement Manager. John Poole, Code Enforcement Manager, uh, first we'll start our presentation with Sergeant Steve Walker from the Police Department who could give you an update regarding the, uh, criminal activity. Commissioner Messe. John, John, before you start that w3 have a request from the applicant for a continuance all the way to March 18th, which I think is Far too long a period, but should we be acting on that request for continuance before we go on with the public hearing. John Poole. What I would suggest to the Commission, ff the Commission were thinking about going them a continuance, ft not be passed of March the 1st. Commissioner Hennipnger. Well, actually the rec ~mmendation 1 Pto continue to ose that's oneloption to 30 days to correct the roblems that are noted in your, uh, staff re ort. i, uh, supp follow the recommendation. Michael Dragon. If I may counsel. Commissioner Henninger. I guess the other would be to, uh, to just hear the evklence and do what we want to do with it. Commissioner Messe. Hear the evidence. Chairwoman Mayer. O.K, we'll like to go forward and hear, uh, the staff report. John Pools. I'Ii call upon.... Michael Dragon. If I may, please... Chairwoman Mayer. Uh, we're, we're in the... Michael Dragon. The only thing, the only reason I, I requested March 18th was that 1 have a calendar of the availability of the legal counsel that we had retained and fs scheduled for the 1996 future Pl;~,ming Commission meetingt conltactthe, uh our,coue lawye and see ff we can do that The thing isawe, we~uh, be more than happy we only re.., received the report Friday... 02/05/96 Page 10 t ieu~nu crTV PWNNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 Chairwoman Mayer. O.K, thank you. Michael Dragon. And, we have not had a chance to go over ft, we have not had' a chance to take any action upon ft, yet, and that's the only reason we need this. Chairwoman Mayer. Thank you. Selma, what can we go ahead and hear this if we wish to or what is our position. Selma Mann, Deputy City Attomsy. You can go ahead and hear ft if you wish to, however, the applicant does have the right to, confront whoever ft is that's testifying against the project which may be less of an issue wfth staff, but in case of Ms. Stanley tf their are particular questions wfth regard to her personal knowledge of exactly what ft is that uh, that she observed at this location and there, there may just be more questions of that type, as ft is ff you proceed today we would need to have a transcript to provkie to their c~wnsel, uh, for due process purposes. Commissioner Henninger. 1'iie applicant andortunwnelsn'trthat coned? audience today. I mean they have an opportunfty to, there will be a rebuttal opp fty Selma Mann, Yes, they will. Michael Dragon. Sir, we do not wish to do that, we use, we wish to use our legal counsel that we have hired and that's the c;nly reason we're asking for a continuance, none other. Commissioner Henninger. We understand that. '~ _. Michael Dragon. He doesn't understa:~d the entire rights, and he doesn't understand the entire system, that's the only reason he's requested a continuance. Once this is done then we could go ahead and do whatever the counsel wishes. Chairwoman Mayer. Thank you, thank you, we understand your position. Commissioners what are your wishes? Commissioner Bristol. There are some Issues here, that ars brought up by staff especially cede that may not, uh, bid well for wafting for any length of time. These are some serious, serious condftions that we should hear about right now. They regard health and safety. John Poole. We are ready to proceed if, ff the Commission would like. Chairwoman Mayer. O.K., would you continua please? John Poole. And, one thing I would like to express from the staffs side that the applicant has, we went over and over and over, and Sergeant Walker will testify that he personally has gone out to this business and explained what they need to do. So ft's wfthin their powsr ff even ff they dkl get a 30-day continuance to correct all the problems that are there, they just have not chosen to do that and wfth that, I'll call upon Sergeant Walker. Sergeant Walker, Sergeant Vice Detail, Anaheim Police Department. Hi, my name Is Steve 11Valkar, I'm a ~~rgeant of the Vice Detail. And I'll like to begin by stating that since July, 1995 the last Planning Commission hearing, myself and Code Enforcement Officer Don Yourstone, we went to the location and we have made many, many trips there and we worked wfth Mr. Patel in trying to ensure that all of the condftions 02/05/96 Page i i FEBRUARY 5, 1996 IJOHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA of the conditional use permit were met. We started out by putting 24hour security guard at the location, several phone calls per week and several trips per week. They immediately evicted Just about every tenant they had in the place uard on t~h property for 24hourAs a they began renting rooms again to people. We kept the, the security g day for the first two weeks, I believe. And then seeing that there was no Longer a problem there for the community and the police department, the kiss was to cut back on the number of hours that Mr. Patel was paying and try to get to a point where he could now monitor his own business without so much police and Code Enforcement assistance. He kept complaining about he could nowt affh ~~ time we cut it back was r qufte some time until we kept cutting back the hours of the security• there was proposition between the Ruby Inn which is next door, and the Pacffic Inn Motel. They were going to share the same security guard and the last time that we, we put on thorn ~ this did no~ttwork and we did have them on the property six hours, shared between the two. Well this dkfn t, give them an opportunity to prove to us that lt,'hey could make it work and it has not. It has worked with the Ruby Inn, we haven't had too many problems at that location. !have had contact with the owners of the Ruby Inn and they wanted to divorce themselves ftom this agreement they have sharing security. They want to have their own security and the reasgn is of numerous problems still at the Pacific Inn Motel. fighting on the parking At this point, the majority of problems are the crime element, fighting in the rooms, lots, drinking, shouting, renting to undesirables, rents the room just about to anybody who comes in as long as they have an I.D., they rent to them. We still have had a problem wfth prostitutes in front of the place. As of January 26, we arrested a prostitute who was her third arrest, in Anahoim only, and she had severaf others everywhere else. And she had been staying at the Pacffic Inn. she would talk to the officers, stated she's been living there and sha also stated there was a narcotics problem there, that she should know because she is a narcotics addict. I got a call from Rick, (the man sitting next to the aisle there). he's the manager and, he and I worked together for qufte some timF. I do not have a problem with himCp~ere Enforcement went outland Issued a hat he was having a problem °~ffh Code Enforcement. A~ ZoneY~ Wdl, I explained to him that, you know, that citation for his vehicle being parked in the handicapp was really not an issue for me and being a formal traffic sergeant that I'm sur{~rised that he didn't also get his car towed. Durii-g this conversation, I ast;ed him why does he park in the handicapped zone? He said he could see his car from the office and related that he has expensive equipment in his car, he dkl not want to park near the back of the !ot because he didn't want his car broken Into. This certainly sends a message to myself, and any person who has common sense, ff they r•~n't, ff the manager is afraid to park his car out of sight on the property, what is going on with the customers of that motel? In closing, I would like to say that the Police Department intends on adding more hours during this delay, addcia enforcement or security enfor ement and we wil add hmore hours to get the prob em tunder~control, spo again. This motel I beli~+e could operate as a motel, but would require is a great deal of effort from the Pofice Department, Codo Enforcement and tt'ie communityTh e s elfdar too m ens Hotels in problem areas, in the the security guards can handle their own property. C~19 motels alone inttfie west side o~ lowin, we handle alliofthose motels~i duding a~lithetmotels in thee are 02/05/96 Page 12 FEBRUARY 5, 1996 rirv or oRiNiNG COMMISSION - SUMMARY ACTION AGENDA City and our ~ Pwantto do is get Mr. P.tel inra positon where hewas back in~ulytof 1995gs we have to do and wha Commissthe seMu sse uad las of this polnt?a You~down t flue oursk have you asked h m torincaease' that increase ~Y 9 yet? rtun to show that he Sergeant Walker. No, I have not and the reason why, I wanted to give him an oppo nY call and complain that he, he could do ft on his own because I have listened to hrm for dozens of times, could not afford security. And I felt as long, as well as Mr. Yourstone f ~:m Code Enforcement that we should give him an opportunity to show that he could secure hls own property as he said many, many times he could. Commissioner Messe. Btd you understand that if you deemed and ff you feel that he is not doing that that you have the right to Increase that security... Sergeant Walker. Yes, sir. Commissioner Messe. By virtue of the C.U.P that's in place now, and you don't need action by this, by this body to do that. Sergeant Walker. I do understand that, sir. Commissioner Messe. O.K., good. (Commissioner Boydstun spoke, her comments could not be heard on audio tape as her microphone was not on.) John Poole. They have been billed, but they have not been paid for. But.... (Commissioner Boydstun spoke, her comments could not be heard on audio tape as her microphone was not on.) John Poole. They have not paid any of the, the ... Commissioner Messe. And have you had, since the the C.~ .P ouewere to go ahead and havehmore~o visits each by Code Enforcement and if deemed necessary by y y inspections and bill them for that. Have you gone beyond the six visits? John Poole. They have been out more than six, they haven't billed beyond the six. Commissioner Messe. And again, you have authorization to bill beyond that. John Poole. Yes, yes. But again, we were trying at one time it looked 11ke he was going to get hack in track and keep the property up and we were trying to work with him and not create a financial hardship !^~ him, so we didn't bill him all that we could of. Commissioner Messe. I see. Chairwoman Mayer. Do you have further presentation? 02/05/96 Page 13 AN~IEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 John Poole. 1 would like to have Code Enforcement Officer, Tim Dunn, update the Commission regarding the code violations at the property and the general condition of the property. Tim Dunn, Code Enforcement Officer. Good Afternoon, on July 10, 1995, Mr. Patel agreed to the conditions contained in Resolution No. PC95-78, in connection with the C.U.P No. 1978. On the 16th of January of this year, I inspected the Pacific Inn for complian~a to that resolution. I found that Conditions 3, 4, 6, 9 and 11 were not being adhered to. In relation to Condition No. 3, I inspected the guest registry and found that it did not contain the required information, advising guest that regis... the register is open to inspection by the City of Anaheim personnel. Relating to Condition No. 4, also dealing with guest registry I found that four rooms, number 223, 225, 227 and 232 were currently being rented for more than thirty consecutive days. Relating to Condition No. 6, I inspected every room there on the premises and ft was apparent that the rooms had not been dean on a dally basis. As the carpeting and flooring were dirty, trash cans and ash trays were full and many of the rooms smelled. Several of the occupants of the motel verbally verified that the maid service was not being provided on a daily bass. Relating to Condition No. 9, I observed also in the office area that no room rates were posted. And relating to Condition No. 11, the property is to be kept violation free, it states there. and we find that that is not happening at this time. Commissioner Messe. Regards, No. 11, did they over comply with that? Tim Dunn. Yes, initially they did and they had done extensive work a~"..1 taken care of the violations at the time, but now their coming back again and their not being addressed. Commissioner Messe. Looks like it's almost the same list of violations ail over again, but. _ Tim Dunn. Very similar. Commissioner Messe. Different rooms: is that it? Tim Dunn. Yeah, yeah. Commissioner Messe. And, some same rooms. Tim Dunn. Yes. Some are the same and some different. Commissioner Messe. And of course, I guess No. 131s an additional conditions that have not been complied with as far as the paying the cost of Code Enforcement. Tim Dunn. Apparently not. John Poole. That's correct, they've been billed but they haven't pakl. That condudes our presentation, unless Commission has any questions. Chairwoman Mayer. Is there any further questions from staff, I'm song from Commissioners? Michael Dragon. If I may. Chairwoman Mayer. Any other questions from Commissioners. O.K, yes would you like to speak to any of those issues. 02/05/96 Rage 14 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 Michael Dragon. I would ,yes. Once again, I would remind counsel that I was only hired just this Friday and we have taken care of No. 9 for you, already. That was one of the ftrst things I did as soon as I read the report, it was quite simple to take care of. We have an appointment r1gM now to go as soon as we're completed here, we're going to go and start a filing system. Once again, I just say I'm a consultant for the Parffic Inn, business consultant. And we'll make sure that these all come up to code. And once again all I do is request that we get a continuance for legal counsel to help us out with some other things and I could guarantee you that it would be up to Officer Walker and Code Enforcement aril your's wants, needs and desires before the end of the 30 days. Commissioner Bostwick. You know I, I can appreciate your only receNing the staff report on Friday, but you had a letter from on dated January 25th from Code Enforcement, final notice that came out long before Friday and that listed everyone of the items that needs to be repaired in the rooms and everything to be done. I would, I'll make a motion for a previously approved CEOA Negative Declaration. Commissioner ,Peraza. Second. Chairwoman Mayer. All those in favor. Planning Commissioners. Ayes. Commissioner Bostwick. I'll move for a continuance to March 4th, on Conditional Use Permit No. 1978, but I would tell you that this entire 11st had getter be finished, done, put away or I think this Commission will find ft very hard to prove an..., approve an extension to your C.U.P. So I think you best take haste and, and word to the wise. Michael Dragon. Commissioner Bostwick, thank you for your concern. As we speak we have a maintenance man working on that right now. Commissioner Boydstun. Well, your bills also need to be paid. Michael Dragon. Understood. Commissioner Bostwick. Right, all the violations... Michael Dragon. Once again, I'll, I'll remind the Commission that I've only just been hired Friday, (gNe me a couple minutes), and i appreciate your time and appreciate the continuance. We'll see you on March 4th. Commissioner Messe. But, we haven't voted yet. Commissioner Henninger. Yeah, we haven't voted yet Michael Dragon. I apologize. Commissioner Bostwick. I, I may be out of line, so you may have to deal with all the others. Michael Dragon. I'm cony, s'.r. Commissioner Henninyer. Hey, I wasn't, I was wondering if you know this is nice to come in at the end of six months, but basically weren't we, wasn't the ultimatum given six months ago, wasn't that the purpose of six months? 02/05/96 Page 15 .ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTIC~ AGENDA FEBRUARY 5, 1996 ~'i 1 Commissioner Messe. Exactly Commissioner Henninger. So, 1 mean people won't take us seriously if we give in. At this point, why don't we just deny this, take no action, let it expire. I mean isn't that really what we ought to do today? Commissioner Bristol. I got, got a basic. I'm gonna tap on to what you said Commissioner Henninger, I got a real problem, sir, and I'll tell you what the problem is. Is when I looked at this, I see kind of a neglect regarding the people that they have in the motel or hotel or whatever you want to call fl. The fact that smoke detectors may seem trivial to every comment that I've heard on this issue that don't work. Eleven out of these..., fifteen out of these twenty-three roams are, are in disrepair and I believe eleven have no way of knowing whether there's a fire in this facility and according to the staff report, there are electrical problems. Common sense dictates that that's a real, real, real big concern and a problem and to me ff its ail it is, is a battery and you can't handle or someone can't handle a battery then that's a neglect for the persons and the patrons of this facility... Michael Dragon. That has been handled, Mr. Bristol. Commissioner Bristol. And that to me is totally inexcusable. Michael Dragon. That has already been handled, I have got a maintenance scheduled set up already, I set ft up Saturday morning, that every week... Chairwoman Mayer. O.K., thank you. We have a, a motion on the floor. Michael Dragon. I apologize. Chairwoman Mayer. To continue this to, was it March the 4th? Commissioner Bostwick. March 4th. Commissioner Messe. Well, we given, it's open the motion has been seconded ~ takE~ 't and it's open for discussion. And essentially it's a 30-day extension of a six month extension to a G.U.P.. which actually has gone now seven months, since July 10th. So we're talking about..., we read an ultimatum to them with the C.U.P. and with the number of conditions that we placed on it, but six months was going -o be it. Igo along with the motion I think, but it's gonna he the last 30 days they ever see unless things are really brought up... Commissioner Peraza. I feel the same way, that I would give them 30 days and I would suggest to the, Sergeant Walker that even though they requested 24 hours, but it not be less than 12 hours of security. Commissioner Henninger. Well, I'll... Michael Dragon. Yes sir, I understand. Commissioner Henninger. I'll make the opposite argument. I'll say P t, you d~ a~ the We workOit outs from now and then we vote this down than they're, there have an a peal po Y' ar~d you know ft'll be six, eight months we'll still nave this sore, ruining things along Beach Boulevard. (Commissioner Boydstun spoke, her comments could not be heard on audio tape as her microphone was not on.) o^,!os/ss Page 16 ~ ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACT10N AGENDA FEBRUARY 5, 1996 L' Chairwoman Mayer. O.K, we have a motion, do we have a second? Commissioner Messe. There was a second, I believe. But you know, weYe had another hotel right nearby that was almost in the same shape... Commissioner Henninger. And, and take care of ft, they took care of business. Commissioner Messe. They took care of ft. Commissioner Henninger. That's right, so... Commissioner Messe. Maybe, maybe this guy will now get the message that... Commissioner Boydstun. No, six months..., we were just as emphatic when... Commissioner Messe. I mean, I got to tell you I came here today wfth that very attftude, but I, you know. Chairwoman Mayer. O.K., ft's been motioned and second, all those in favor for the continuance. Commissioner Peraza. Ayes. Commissioner Bostwick. Ayes. Commissioner Messe. I'll vote for the continuance. Chairwoman Mayer. Those opposed: (Noes -Commissioners Boydstun, Bristd, Henninger and Mayer.) Chairwoman Mayer. Motion Failed. Commissioner Bostwick. Yeah, motion failed. Commissioner Bristol. Make a motion for dental. Michael Dragon. I'm sorry, I missed the count there, I apologize. Chairwoman Mayer. Is there a second. Commissioner Bristol. I'll second ft. Chairwoman Mayer. All those in favor fcr denial (Commissioners: Ayes). Opposed. Motion Carried. Chairwoman Boydstun. Don't we need a resolution? Commissioner Bristol. Now, we're going to need a resolution to... Commissioner Henninger. That was a motion to deny the CEQA NegatNe Dec. Commissioner Bostwick. Just ,Just say 'yeah'. Commisswn.Qr Bristd. C.~'. 02/05/96 Page t7 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 ~~ Chairwoman Mayer. O.K, now we have a.... Commissioner Henninger. You want to continue on with it Paul, or? Commissioner Bostwick. Go ahead, go ahead, Bob. Commissioner Henninger. O.K, let me ask Selma, Selma this, the way th(s C.U.P. is formatted the existing C.U.P., simply has now expired? Is that correct? Seima Mann, Deputy City Attomey. It has expired, however, you do have an action before you on an application to, to delete a condition. Commissioner Henninger. This is basiraliy a new, a new C.U.P. Commissioner Messe. Well the operator requested this. Commissioner Henninger. O.K Selma Mann. The action would be a denial of the request to amend a condition of approval thereby leaving the conditional use permit as ft is. Commissioner Henninger. O.K, I'll, I'll offer resolution denying the request. Chairwoman Mayer. This is a resolution and a button vote. Maggie Solorio, Senior Secretary, Planning Department. Resolution passed wfth seven yes votes. Selma Mann, Deputy Cfry Attorney. Madam Chairman, the Planning Commission's action on this item will ba considered final in 22 days, unless an appeal to the City Council is filed within that time. ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bostwick offered a motion to continue subject request to the March 4, 1996 Planning Commission meeting and MOTION FAILED TO CARRY with a 3.4 vote (Commissioners Boydstun, Bristd, Henninger and Mayer voted no). Commissioner Henninger offered a resolution to deny the request to amend the conditions of approval of Conditional Use Permit No. 1978 and RESOLUTION PASSED with 7 yes votes. 02/05/96 Page 18 FEBRUARY 5, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~' 4a, CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) 4b. CONDITIONA' "SE PERMIT N0.3807 (READVERTISED) OWNER: AT~I'NPOGARY EIDER, 44 5 Jamboree dR #2~50TION, Newport Beach, CA 92660 LOCATIAN: "C° °ast La Palma Avenue. Property is approximately 2.1 acres landlocked between La Palma Avenue and the RNerside (91) Freeway, having a maximum vridth of 269 feet and a maximum depth of 425 feet. Petitioner requests to amend or delete conditions ~ guard equiremi eints to a freestanding freeway oriented sign and security g for a previously approved outdoor roller-hockey facility. CONDITIONAL USE PERMIT RESOLUTION N0. PC96-16 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None APPLICANT'S STATEMENT: Approved Approved amendment to conditions of approval Gary Elder, Agent, Newport Federal, 4425 Jamboree, Newport Beach. Stated he feels the proposed sign requested meets the requirements in the area. He explained their needs and referred to the letter submitted by Newport Federal relative to the added conditions of approval. He stated pictures have been provided showing both sides of thou wouldybe and stated N they had adouble-faced sign (25-feet high above the freeway) y able to see it from the 91 Freeway going westbound; but eastbound would be more of a problem because the railing above the concrete is high. He stated he had previously provided the Planning Department with a color rendering relative to the requested height of the proposed sign. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Gh~~M Flores, Associate Planner. Stated she has a copy of the color rending that was submitted and then presented the material to the Commission. Mr. Eider noted the color rending was befo.~e Fry's Electronics final sign application. Commissioner Henninger suggested the wording s andg Frys ~ecroinics acc6essway. of Resolution No. PC95-158 relative to security g 02J05/96 Page 19 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1896 ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved amendment to conditions of approval for Conditional Use Permit No. 3807. Amended Condition No. 4 of Resolution No. PC95-158 to read as follows: "4. That a final sign plan shalt be submitted to the Zoning Division for review and approval. Such final sign plans shall: (a) Consist of a double-faced Feestanding sign, located perpendicular and visible to the westbound and eastbound traffic on the Riverside/SR 91 Freeway; (b) Locate the sign at the center of the 30-foot wkie landscaped setback area adjacent the south property line; (c) Show that the sign does not exceed 23 feet in height as measured from the grade of the freeway; and (d) Show that the sign is in compliance with Section 18.110.080.140 "Freestanding Freeway Oriented Signs.' V Amended Condition Nos. 6 and 9 of Resolution No. PC95-158 to read as follows: That the owner of the roller-hockey facility shall be required to provide a security guard, at the discretion of the Anaheim Police Department, to discourage loitering and vandalism on the subject and adjacent property. In addition, ff there is access into the adjacent property to the east (Fry's Electronics), the access shall be gated and the gates shall be closed within one (1} hour of Fry's Electronics closing. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 02/05/96 Page 20 rirv ar~NMING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 Withdrawn 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) 5b. ~ONDITiONAL USE P 0.3704 (READVERTISED) OWNER: EVERETT H. & ELMA M. MILLER, 270 Roycroft A venue, Long Beach, CA 92803 AGENT: A & S ENGINEERING INC., 207 VJ. Alameda Avenue, #203, Burbank, CA 91502 LOCATION: 9`8 ~^"'h Brookhurst Street (h II ii Service Stationl Propsrty is approximately 0.47 acre located at the northeast comer of Ball Road and Brookhurst Street. Petitioner requests to amend or delete a condition of approval pertaining to permitted freestanding signs for a previously approved service station wfth car wash facility. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANPJING COMMISSION ACTION. OPPOSITION: None ACTION: Accepted request for withdrawal of subject request. VOTE: 7-0 02/05/96 Page 21 .ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 6a. CEQA NEGATIVE DECLARATION Approved aFr,LASSIFICATION NO.95-96.OS Granted, unconditionally sb. OWNER: CITY-INITIATED (PLANNING DEPARTMENT), Attn: Kevin Bass, 200 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 401-411 North Anaheim Boulevard. Property is approximately 0.42 acre located at the northwest comer of Adele Street and Anaheim Boulevard. To reciassffy the subject property ftom CG (Commercial General) to CL (Commercial, Limited). RECLASSIFICATION RESOLUTION N0. PC96-17 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None -- No comments were made from the pubUc or from City staff. ACTION: Approved Negative Declaration Granted Reclassification No. 95-96-03, uncondftionally VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 02/05/96 Page 22 ciTY PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1896 7a, rE(iA NEGATIVE GECLARATIOW 7b. CONDITIONAL USE PERMIT N0.3817 OWNER: LEDERER ANAHEIM LTD., Attn: Les Lederer, 1990 Westwood Boulevard, Second Floor, Los Angeles, CA 90025 AGENT: JOHN SCHROEDER, 1440 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1440 South Anaheim Boulevard (Anaheim Indoor Market I~ ace1. Property is approximately 14.74 acres located north and east of the northeast comer of Cerritos Avenue and Anaheim Boulevard. To permit an indoor entertainment area for a television taping studio and an Indoor stage for concerts, live theatrical productions and movie screenings. CONDITIONAL USE PERMIT RESOLUTION NO. PC96-18 -- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Commissioner Bostwick abstained from this ftem declaring a conflict of interest. APPLICANT'S STATEMENT: Approved Granted for 2 years (To expire 2-5-98) John Schroeder, General Manager, Anaheim Market Place, 1440 S. Anaheun Boulevard, Anaheim. He stated the proposed C.U.P. will offer customers a chance to participate in the production of a variety of Spanish television shows, live music entertainment, feature films, plays, and an avenue for non-prof'~ts to raise money to advance their causes. wording be changed toiread hattheoone-year extension shhall start from thes ompletionkof th at the construction.` THE PUFJLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Commissioner Henninger asked ff there is adequate emergency access in the interior seating arrangement. 02/05/96 Page 23 inuonu r`t7v PLANNING COMMISSION - SUMMARY ACTION AGENDA FEBRUARY 5, 1996 ~_~ ~ Greg Hastings, Zoning Division M«nager. He stated the subjec? r guest has been reviewed by the Fire Department and they wUl also review ft for plan char'-: during the building pemtit process. Commissioner Masse noted the project doesn't have a sunset and recommended a two-year conditional use permit. Cheryl Flores, Associate Planner. Stated staff would suggest some changes in a few conc+~clons, (1) Condftion No. 4 to read "that all previously unpermitted construction in the existing browcast studio sf:all uompiy with current Fire and B:~ilding Code requirements"; (2) Condition No. 14 to add additional wording at the beginning of the condition 'that prior to the commenc~rnent of the activity"; and (3) add the wording "Condition No. 10" to Condition No. 14. ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3817 for a period of 2 Years with the following changes to conditions: Modified Condition Nos. 4, 11 and 14 to read as follows: 4 studio shallvcomply with current Fire andl Building Code requiements. 11. That the subject use permit shall expire two (2) years from the date of this resolution, on February 5, 1998. 14. That prior to commencement of activity, or prior to issuance of a building permit, or within a period of one (1) year from the da?e of this resolution, whichever occurs first, Condition Nos. 2, 9 and 10, above-mentioned, shall be complied with. Extensions for further time to complete said condtions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. VOTE: 6-0 (Commissioner Bostwick declared a conflict of Interest) Selma Mann, Deputy City Attorney, presented the 22-day appeal rights. 02/05/96 Page 24 FEBRUARY 5, 1S°f; ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~_ I Continued to 8a, CEQA NEGATIVE DECLARATION I` February 21, 1996 gb, ~QNDITIONAL USE PERMIT N0. 3818 OWNER: ARION INC., C/0 MARTA AUGA SPAMPIUATO, 20690 Via Auguste, Yorba Unda, CA 92687 AGENT: FRED GOODWIN, 920 E. Ariee Piave, Anahe(m, CA 92805 LOCATION: 920-922 East Arlee P~~ Property is approxir,~tely 0.38 acre located on the south skle of Arlee Place and approximately 630 feet west of the centerline of East Street. To permit an automobile body work and repair facility. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. -' OPPOSITION: None ACTION: Continued subject request to the February 21, 1996 Planning Commission meeting in order for the petftioner to: (a) Make arrangements with the business owner to the west (920 East Arlee Place) to remove the outdoor storage of stone and marble in order to restore code required parking; or (b) Request readvertisement of the subject petition to Include a request for waiver of minimum number of parking spaces. VOTE: 7-0 02/05/96 Page 25 FEBRI'iARY 5, 1998 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA `~ .-, 9a. CEOA MITIGATED NEGATIVE DECLARATION 9b. CONDITIONAL USE PERMIT N0.38i9 OWNER: PATEL, 650 Town Center, #1910,~Costa Mesa, CA 92626 AGENT: JOHN ERSKINE, ESQ., 18101 Von Kerman Avenue, #1800, Irvine, CA 92713-9772 LOCATION: 1730 South Zevn Streets Property is approximately 0.92 acre located on the east side of oz ma e1~5 a fee feetenorth side of Anaheim Boulevard, app Y of the centerline of Katella Avenue. To permft a temporary sales office building. CONDITIONA!_ USE PERMIT RESOLUTION N0. ~~~1~-- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ;_, QPPJSITION: None APPLICANTS STATEMENT: Approved Granted for 3 years (to expire 2-5-99) John Erskine, 18101 Von Kerman, Sufte 1800, Irvine. Stated he represents Shell Resorts, the Shell Resorts is a substantial timeshare ope torPwhich is rankedpn the t p four foetimlesha shat ownership sales. his concemes relative to the condftions afterMrinAgha~okh'sdpresentat on on thetsidte planll address Irvine. He presented plans to the Ken Agharokh, Project Archftect, Ken Agharokh & Associates, Commission and explained the size, description, and the surroundings of the subject property. He explained they have complied wfth the conditions relatNe to landscaping, and installation of a fence. He gave details on the different type of trees they are proposing at the subject location. Commissioner Messe stated ft indicates four trees on tln3 plan, and asked should ft read fourteen? Ken Agharokh responded 'yes', ft should be changed to fourteen. John Erskine stated Condition No. 6 fs problematic because the applicant does not own the property, they have a ground lease from the Patels. He feels elimination of Condtion No. 61s required because there is no nexus between the condftion requiring the dedication of the cul-de-sac area. He further explained the timeshare resort project fronts Anaheim Boulevard and does not back onto Zeyn Street. 02/o5/ss Page 26 FEBRUARY 5, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA rkin stalls are 81/2 feet, but ~_. He spoke in concern relative to Co~~ditian No. 7 and noted standard pa 9 the staff report indicates a minimum of 12 feet wide. Commissioner Meese interjected~an~i b 9 next w~all~ reads end stalls to be minimum of 12 feet wide', he explained John Erskine. He spoke in concern relative to Condftio~no. 9t~alnd ~8 thrash truck turn-around islan they will not be ate to have the required number of pa 9 required. He explained the trash truck would have to coma in at the location or a relocated location and then back out. Commissioner Henninger asked why would the trash truck have to back out, ft looks as a wide t~.n could be made. John Erskine agreed and he indicated a T-turn could be made. Ken Agharoas somte it rk g spa es wou d needtt bereUminated. but aturn-around would be impossible Pa Commissioner Henninger relayed he doesn't think staff was proposing an actual turn-around. Commissioner Messe Indicated it would need to be completed to the satisfaction of the sanitation department: Planning Commissioners agreed that a t-turn (hammerhead) would be acceptable to them. Natalie Meeks, Civil Engineer. She commented that a T-turn around is acceptable, but there are some standards that would need to be met. Commissioner Bostwick asked if the existinottbein euSlo~sure is being used? Ken Agharokh responded the existing trash enclosure is no g Ken Agharokh spoke relative to Condftio likeoto utilize oof mountediequilpm nb but behconditioned with wall-mounted equipment and would to screen ft from the public's view. Greg Hastings, Zoning Division Manager. He indicated staff does not want any equipment to be seen from th 1h fo~le I f o a~ve would not be obstructed. which are taller than the proposed building and Perry Johnosb~~ E he vewl of the rooff-mountedaequ pment ould be acceptable to insta'! an AC Screen to Greg Hastings Indicated it would partially address the issue, but you would still be able to see on the roof area from the surrounding hotels. Perry Johnson asked ff a vented top over the AC Screen would be acceptable? 02/05/96 Page 27 FEBRUARY 5, 1896 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA ~' Greg Hastings stated the Hotel Clyde Specific Plan has design standards whirh are intended for high rise roof-mounted equipment that can be seen ftom other hotels. He stated staff would need to see the plans. Commissioner Meese asked ff it can come back before the Commission as an Report and Recommendation item? Greg Hastings noted staff recommends discouraging roof-mounted equipment, but if that is the only altematNe staff will work with the applicant to minimize the impact. THE PUBLIC HEARING WAS CLOSED. STAFF'S COMMENTS: Natalie Meeks noted relative to Condition No. 6 there is some basis for finding it a. temporary structure and having that condiion delet8d. She stated relative to Condition IVo. 9 a t-tum is acceptable, but reiterate~J there are some standards that would need to be met. Commissioner Boydstun suggested wording to be added pertaining to the deletion of Condition No. 6, to add "it is waived due to a temporary use, but ff it becomes part of the complex that it is to be enforced' Mary McCloskey, Deputy Planning Director. She noted it has been indicated the ~- conditional use permft is to be used exclusNely for a temporary sales office and ff they were to proposderae Y~ to come back before theeCom iiss on for a new~C.U.p ermit, the applicant wou Commissioner Boydstun responded she wants the applicant to know that ff In the future they request a permanent use then the dedication would be required. ACTION. adequate totserve as theirequiredpenvi onmeinta doc~mentatonlfortsubject request. granted Conditional Use Permit No. 38~l9 for a period of three years, or until all new time share units for the Peacock Suites have been sold, whichever occurs first, wfth the following changes to conditions: Deleted Condftion No. 6 on the basis that they are approvi ig~anS ~~ ~o min building and with express acknowledgement that ff the appl the building in the future far a permanent use then the dedication would be required. Amended Condition Nos. 14 and 19 to read as follows: 14. That any roof-mounted equipment shall be fully enclosed (including a vented roof) and integrated with the architecture of the building. 02/05/96 Page 28 FEBRUARY 5, 1996 ANAHEIM CIl1f PLANNING COMMISSION - SUMMARY ACTION AGENDA 19, That prior to issuance of a building permfl, or within a period of one (1) ~~ear from the date of this resolution, whichever occurs first, Condition Nos. 3, 4, 5, 7, and 9above-mentioned, shall be complied with. ranted in Extensions for further time to complete said conditions may be g accordance with Section 18.03.090 of the Anaheim Municipal Code. /bided Yhe'roltowing condition: That the landscape plans submitted at the February 5, 1996 Planning Commission meeting shall be corrected to reflect the total number of trees to read 15 in the west and south building setback areas. VOTE: 7-0 Selma Mann, Deputy City Attorney, presented the 22~1ay appeal rights. 02/05/96 Page 29 FEBRUARY 5, 1996 ANAHEIM CITY PLANNING COMMISSION - SUMMARY ACTION AGENDA \_. Continued to 10a. CEG1A NEGATIVE DECLARATION March 4, 1996 1 gib. WONDITIONAL USE PERMIT NON3820 10c. OWNER: 607 Aveni a Teresa San C men a C~12672RUST, AGENT: HARRY ERICSON & ASSOCIATES, 3328 Alabama Circle, Costa Mesa, CA 92626 LOCATION: 2501 East Uncoln Avenue. Property is approximately 0.54 acre located at the northeast comer of Lincoln Avenue and Sunkist Street. To permft a full service car wash, auto detailing and lubrication facility with waivers of minimum structural setback and yard requirements and required sfte screening. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: Nane ACTION: Continued subject request to the March 4, 1996 Planning Commission meeting in order to avlow sufficient time for staff and petitioner to worV on a redesign of the proposed project and to readvertise, if necessary, to include a waiver of minimum number of Code-required parking spaces. VOTE: 7-0 COMMISSIONER HENNINGER REQUESTED THAT A SECOND DISCUSSION PERTAINING TO "GOOGIE SIGNAGE" IN THE CITY OF ANAHEIM BE AGENDIZED FOR THE FOLLOWING MEETING. MEETING ADJOURNED AT 3:15 P.M., TO THE PLANNING COMMISSION MORNING WORK SESSION OF WEDNESDAY, FEBRUARY 21, 1996 AT 11:00 A.M. Respectfully submftted, ~.~~~ Elly Fernan es, Senior Word Processing Operator Planning Department 02/05J96 Page 30 t ~ f ' : r ~. ~ ~ ~ ?.: J7 ye + t ~ r - '- ~~ '~ ,,~,. Y,f, 7 x . ~ .. - ~ - 4 .~ ,' ~ ~ ~ '~~ 1 1 j $k~ fi i~' l ~. _ _ .. 7 .. t1 ( , 1 A ~ . ~ ~ .. F t .. Ae