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Minutes-PC 1997/01/06SUMMARY ACTION AGENDA ANAHEIM CITY PLANNING COMMISSION MEETING MONDAY, JANUARY 6, 1997 11 A.M. • PRELIMINARY PLAN REVIEW • STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION). 1:30 P.M. • PUBLIC HEARING TESTIMONY COMMISSIONERS PRESENT: BOSTWICK, BOYDST[IN, BRISTOL, HENNINGER, MAYER, MESSE, PERAZA COMMISSIONERS ABSENT: NONE STAFF PRESENT: Selma Mann Cheryl Flores Karen Freeman Bruce Freeman Melanie Adams Tom Engle Margarita Solorio Ossie Edmondson Assistant City Attorney Senior Planner Associate Planner Code Enforcement Manager Associate Civil Engineer Vice Detail Senior Secretary Senior Word Processing Operator P:\DOCS\CLE2ICALVv[MUTES WCa 10697.DOC 01-06-97 Page 1 A. CONDITIONAL USE PERMIT NO 3253 -INITIATION OF Withdrawn REVOCATION OR MODIFICATION PROCEEDINGS: City initiated (Anaheim Redevelopment Agency), 201 South Anaheim Blvd., Anaheim, CA 92805. Request to inifiate revocation or modification proceedings for Conditional Use Permit No. 3253 (to permit a commercial retail center and asemi-enclpsed restaurant with on-premises sale and consumption of alcoholic beverages, with waivers of minimum number of parking spaces, minimum stmc[ural setback adjacent [o Imperial Highway, and prohibited roof-mounted equipment). Property is located at 5645 - 5675 East La Palma Avenue (Imperial Promenade). This item was continued from the Planning Commission meeting of October 14, 1996. SR6426CF. WP B. REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN FOR COUNTY USE OF LEASED SPACE: Determined to be in conformance with County of Orange, General Services Agency, Attn: Douglas the Anaheim General Giltner, Real Property Division, 14 Civic Center Plaza, Third Plan Floor, Santa Ana, CA 92701, requests determination of conformance with the General Plan for County use of leased space for the Health Care Agency's Children & Youth Services Mental Health Unit. Property is located at 1535 Eas[ Orangewood Avenue. ACTION: Commissioner Bostwick oflared a motion, seconded by Commissioner Henninger and MOTION CARRIED that the Anaheim City Planning Commissioner does hereby determine that the County's proposed use of leased space at 1535 East Orangewood Avenue is in conformance with the Anaheim General Plan. The City Council reviews all acflons taken by the Planning Commission. This matter will be placed on the City Council agenda of January 14, 1997. You or any member of [he public may appeaz regazding this mattecat [hat time. The decision of the _ Planning Commission will be final on that date unless the City Council determines to reverse the decision of the Planning -- Commission or continues [his matter for subsequent consideration at a later date. AP5121KF. WP 01-06-97 Page 2 C. a. CEOA: EXEMPTION SECTION 15061 (bl (3) b. CODE AMENDMENT NO. 97-0] - TO MODD CARE HOMES: City initiated (Planning Department), 200 S. Anaheim Blvd., Anaheim, CA 92805, request to modify definitions of large family day caze homes and small family day Gaze homes to comply with Senate Bill No. 265. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Bristol and MOTION CARRIED that the Anaheim City Planning Commission does hereby concur with staff that subject request is exempt from CEQA. Commissioner Bostwick offered a motion, seconded by Commissioner Peraza and MOTION CARRIED that the Anaheim City Planning Commission does hereby recommend to the City Council the adoption of the draft Ordinance attached [o the staff report dated January 6, 1997. Concurred w/staff Recommended adoption of the ordinance to City Council SR6393DS. WP D. INITIATION OF ENTTTLEMENT PROCEEDINGS - "CYPRESS Initialed INFILL" AND "OLIVE INFILL" REDEVELOPMENT SITES: City en8tlemen[ inifiated (Community Development Department), 201 S. Anaheim Blvd., proceedings Anaheim, CA 92805, request to initiate entitlement proceedings (reclassifications, conditional use permits and tentative tract maps) for the proposed redevelopment of the "Cypress and Olive Infill" projects located at: "Cyaress III" Subject property is irregularly-shaped and consists of approximately 3.79 acres located (1) a[ the northeast corner of Cypress Street and Olive Street with a frontage of approximately 215 fee[ on the east side of Olive Street, with a frontage of approximately 832 feet on the north side of Cypress Street, and located (2) at the southeast corner of Pauline SVee[ and Adele Street with a frontage of approximately 265 fee[ on the east side of Pauline Street, with a frontage of approximately 55 fee[ on the south side of Adele Street and further described as 300, 304, 304 1/2, 308, 308 1/2, 312, 312 1/2, 314, 314 1/2 and 320 North Olive Street; 300, 301, 306, 306 1/2, 30S 309, 310, 311, 312, 312 1/2, 315 and 3.17 North Sabina SVee[; 300, 305, 307, 312 and 318 North Pauline Street; and 411, 415, 419, 421, 517, 521 and 527 East Cypress Street. "Olive In9311" Parcel No. 2 _ _ Subject property is rectangularly-shaped and consists of approximately 0.36 acre with an approximate frontage of 193 fee[ on the east side of Olive Street, with a maximum depth of approximately 142 fee[ and located approximately 300 feet north of Broadway and further described as 128 and 202 South Olive SVeet. "Olive Infill" Parcel No. 3 Subject property is rectangularly-shaped and consists of approximately 0.57 acre with an approximate frontage of 170 feet on the west side of Olive Street, with a maximum depth of approximately 155 fee[ and located approximately 155 feet north of Broadway and further described as 203, 209, 211 and 215 South Olive Street. SR6418DH. WP 01-06-97 Page 3 2a. CEOA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c CONDITIONAL USE PERMIT NO. 2798 (READVERTISED) OWNER: CHARLES HANCE c/o Coast Corvette, 828 West Vermont, Uni[ A, Anaheim, CA 92805 AGENT: MICI~IAEL SACKS, 828 W. Vermont Ave., Unit F., Anaheim, CA 92805 LOCATION: 808 - 820 West Veranont Avenue. Property is approximately 0.5 acre located approximately 190 feet west of the centerline of Citron Street and located easterly of the Santa Ana (I-5) Freeway. To establish a second used-caz dealership in conjunction with a previously-approved au[omoflve sales and service facility with waiver of minimum number of parking spaces. This item was continued from the Planning Commission meeting of December 9, 1996. CUP RESOLUTION NO. PC97-1 Approved Denied, without prejudice Denied, without prejudice SR6420MA. WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSTTION: None Chery Flores, Planning Department, stated staff has made several attempts to locate the applicant and has been unable to do so. The store is now vacant and [hey have vacanted the premises. ACTION: Approved Negative Declaration Aenied, without prejudice, the readvertisement of Conditional Use Permit No. 2798 on the basis that (a) The petitioner failed to submit accurate plans for Planning Commission consideration in conjunction with the subject request, (b) The required application fees have not been paid; and (c) Staff inspected subject property and determined that [he petitioner has vacated the premises and that several attempts by staff to contact the petitioner with regazd to the continuation or status of [his request have failed. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIlVIE: 2 minutes OI-06-97 Page 4 3a. CEOA NEGATIVE DECLARATION Approved 36. CONDITIONAL USE PERMIT N0.3896 Granted OWNER: KERN COUNTY EMPLOYEE'S RETIItEMENT ASSOCIATION, c/o Heitman Capital Management, Attn: Tim Burns, Assistant Manager, 180 North La Salle Street, Chicago, Illinois 60601-2886 AGENT: URBAN RETAII. PROPERTIES COMPANY, Attn: 7oanne Cooper, 916 North Western Blvd., Suite 225, San Pedro, CA 90732 LOCATION: 1135 North State College Boulevard. Properly is approximately 0.19 acre located on the west side of State College Blvd., approximately 332 feet south of the centerline of Romneya Drive. To permit the conversion of a vacant bank building to a lobe and oil change facility within an existing commercial retail center. Conflnued from the Planning Commission meeflng of December 9, 1996. CONDITIONAL USE PERMIT RESOLUTION NO. PC97-2 SR6384JK. WP --------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke in opposition to subject proposal. Martin Porter, an agent of Urban Retail Properties, the Management Agent on behalf of Kern County Employees Retirement Association (owners of the Sycamore Plaza Shopping Center). Mr. Porter stated they are excited with the Jiffy Lube concept for the shopping center. The location has been vacant for several months. This is a use that will require less parking spaces and, therefore, will be a benefit to the other tenants in [he shopping center, promoting a cross traffic of customers. Opposition: John Donaghy, 1779 Belmont Avenue, asked whether the use was in conformance with the zoning for that facility? Mr. Donaghy stated i[ appeared to be in nonconformance. Cheryl Flores, Planning Departrnent, responded this would be a use authorized by the approval of a use of an conditional use permit (in the CL Zone). John Donaghy asked whether the facility was authorized by the existing zoning? Chairman Messe responded it was with the approval of the conditional use permit. John Donaghy asked if that did no[ constitute a conditional down zoning or spot down zoning? Chairman Messe responded it says that any automotive use requires a CUP. O1-06-97 Page 5 John Donaghy felt the facility will be rather dirty and further stated there are three facilities within 300 yards of that location that now perform service station activities and lobe and oil change activities. Mr. Donaghy stated there is also a dedicated lobe and oil change facility within 1,000 yards also on State College Blvd and felt that facility is extremely dirty. Martin Porter responded Jiffy Lube is a national franchise. Their management company has agents inr the ownership. It is the fourth largest manager of retail properties and they take extreme pride in their shopping centers; dealing with their tenants on an ongoing basis and maintaining a facility that is professional,. clean and conducive to the shoppers and the surrounding community. Mr. Porter stated he is personally involved in lease negotiations on behalf of the landlord for this lease and they are diligently placing lease language that will obligate the tenant to provide for a clean, well run operation. CLOSED THE PUBLIC HEARING Commissioner Boyds[un stated in reviewing the plans it appeared activity there will be an entrance at the rear that will come out and the activity will be contained inside the building not visable from the street except for the entrance and exit which should make the neighbors feel better about i[. Martin Porter stated that was correct That is the case as the circulation of the cars go through, once they are serviced they will be exiting the building and driving onto the street. The visibility from Stale College going to Lincoln will be minimal because all of [he cars will be going through the process of quick lobe and exiting from the building to State College. Chairman Messe stated the bays do no[ open onto State College. Commissioner Boydstun stated according to the plans, it opens onto the parking lot. Martin Porter stated yes, that was correct. Chairman Messe asked for confirmation that the present building is going to be raised and a new building constructed. Martin Porter stated yes, that was correct Commissioner Bristol asked Mr. Porter if he had had comments regarding Condition No. 1 in the staff report with respect to managing the entire complex as one integral parcel for the purpose of signage, landscaping, land usage and architectural control. Martin Porter responded, yes, the Jiffy Lube operator is responsible for constructing the buildings, the improvements azound the building including landscaped azeas and parking lot It will be the Urban Retail Properties responsibility [o verify that they build according to the specifications that were approved with the original plans or working drawings. The management company will maintain the common areas, The providers of the maintenance will be the same. Cheryl Flores stated Plamming read changes to Condition Nos. I and 10 into the record. Chairman Messe asked Mt. Porter whether he heard and understood the changes. Mr. Porter responded, yes, there are CC&R's that are recorded to the property presenlly that gall for cross maintenance of not only their property but the Bank of America and the vacant restaurant building that is on the opposite corner. O 1-06-97 Page 6 ACTION: Approved Negative Declaration Granted Conditional Use Permit No. 3896 with the following changes to conditions: Modified Condition Nos. 1 and 10 to read as follows: 1. That an unsubordinated restrictive covenant shall be recorded to guarantee that the entire complex shall be managed and mainiained as one (1) integral parcel for purposes of signage, landscaping, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. Such covenant shall be approved by the Zoning Division and in a form satisfactory to the City Attorney and shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. 10. That a trash truck turn-around area shall be provided and maintained on the shopping center site to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 13 minutes 01-06-97 Page 7 4a CEQA NEGATIVE DECLARATION Continued to 4b. WAIVER OF CODE REQUIREMENT February 3, 1997 4c. CONDITIONAL USE PERMIT NO. 640 (READVERTISED) OWNER: FRED HATAMI, 23891 Bridger Road, Lake Forest, CA 92630 AGENT: HARRY ERICSON, 3325 Alabama Circle, Costa Mesa, CA 92626 LOCATION: 1771 South Brookhurst Street. Property is approximately 0.32 acre located at the northwest corner of I{a[ella Avenue and Brookhurst Sfreet. To permit two (2) gasoline pump island canopies for apreviously-approved automobile service staflon with waiver of minimum strnctural setback. Continued from the Planning Commission meefing of December 9, 1996. CONDITIONAL USE PERMIT RESOLUTION NO. SR6413JK. WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the February 3, 1997 Planning Commission meeting at the request of the applicant. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 01-06-97 Page 8 Sa. CATEGORICAL EXEMPTION -CLASS Zl Continued to Sb. CONDITIONAL USE PERMIT NOS. 1594 AND 3421 February 19, 1997 OWNER: ANDREW LUI, 1458 Lames Way, Anaheim, CA 92801 AGENT: EVERANDO GODOY, 26851 Bridgewood Drive, Laguna Hills, CA 92653 LOCATION: 500 North Brookhurst Street (La Estrella Restaurant) Property is approximately 1.2 acres located at the northeast comer of Alameda Avenue and Brookhurst Street. City-initiated (Police Department) request to consider the revocation or modification of Conditional Use Permit No. 1594 (to permit a restaurant with on-premises sale and consumption of alcohol with waiver of minimum structural setback) and Conditional Use Permit No. 3421 (to permit a public dance hall). CONDITIONAL USE PERMIT RESOLUTION NO. SR6430CF. WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the Febmary 14, 1997 Planning Commission meeting as requested by Planning Department staff. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. O1-06-97 Page 9 6a. CEOA NEGATIVE DECLARATION 66. RECLASSIFICATION NO. 96-97-04 6c. WAIVER OF CODE REOUHtEMENT 6d. CONDITIONAL USE PERMIT NO. 3899 OWNER: VICTOR MOTUS, 11125 Hibbing Street, Cerritos, CA 90703 LOCATION: 1801 West Katella Avenue. Property is approximately 0.82 acre located on the north side of Katella Avenue, approximately 320 fee[ west of the centerline of Humor Drive. City-initiated request for reclassification of the subject property from CG (Commercial, General) Zone to the CL (Commercial, Limited) Zone. A separate petitioner requests approval [o permit a massage facility with waiver of minimum number of parking spaces. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to January 22, 1997 SR6432KB. WP --------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION; None ACTION: Continued subject request to the January 22, 1997 Planning Commission meeting in order for the petitioner to submit revised plans for [he proposed massage facility. VOTE:' 7-0 DISCUSSION TIME: This item was no[ discussed. O1-06-97 Page 10 7a. CEOA NEGATIVE DECLARATION Continued to 7b. WAIVER OF CODE REOUIIdEMENT January 22, 1997 7c. CONDITIONAL USE PERMIT NO. 3900 OWNER: GRIMMWAY DEVELOPMENT, LTD., 760 N. Euclid Street, #207, Anaheim, CA 92801 AGENT: JEFF MEGER, 760 N. Euclid Street, Suite 207, Anaheim, CA 92801 LOCATION: 760 North Euclid Street, Suites 211-213. Properly is approximately 1.59 acres located 125 feet on the east side of Euclid Street, approximately 380 fee[ south of the centerline of Catalpa Drive. To permit a 2,083 squaze-foot church in an existing commercial office building with waiver of minimum number of pazking spaces. SR6425JK. WP CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Continued subject request to the January 22, 1997 Planning Commission meeting as requested by Planning Department staff. VOTE: 7-0 DISCUSSION TIlVIE: This item was not discussed. O1-06-97 Page 11 Sa. CATEGORICAL EXEMPTION SECTION 15061(b)(31 Concurred w/staff Sb. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY Denied N0.97-01 OWNER: JAD HARB, 318 N. Brookhurst Street, Anaheim, CA 92801 LOCATION: 318 North Brookhurst Street (Calimex Marked. Property is approximately 0.23 acre located a[ the southeast comer of Brookhurst Street and Catalina Avenue, and further described as 318 North Brookhurst Street (Calimex Mazke[). Petitioner requests determination of public convenience or necessity to upgrade an existing Type 20 (beer and wine) Alcoholic Beverage Control license to a Type 21 (general liquor) license [o permit retail sales of alcoholic beverages for off-premises consumption in conjunction with an existing convenience market. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY SR6416JK.WP RESOLUTION NO. PC97-3 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None SUPPORT: I person spoke in favor of subject proposal. Robert Neunuebel, represented Jad Harb, stated that the petitioner requests to change an exisflng Type 20 (beer and wine) license to a Type 21 (general liquor) license. Mr. Neunuebel stated the owners are hands-on operators of the store and they have been in the business for 28 yeazs. They have had other stores and where they have had a Type 21 license. Tho owners took over the property in 1993. Mr. Neunuebel stated there were petitions submitted by residents in the community and, to his knowledge, there have no[ been any Police calls to that location in the past 5 years since the new owners have been there. The mazket offers a whole variety of services. Currently they aze in the process of applying for a ufllifles payment center. The apparent necessity for this is that they need to compete with the larger mazkets (such as Ralph's south of [he store) in the surrounding area in order to maintain-[heir competitive edge in terms of their services being provided at the market. Chairman Messe asked where the Ralph's Market is located. Mr. Neunuebel responded the Ralph's Market is on Brookhurst and Ball Rd., at the southeast corner. The closest market is approximately one (1) mile away, on Broadway and Brookhurst. The next nearest one is on Orangethorpe and Brookhurst. The nearest liquor store is on Lincoln and Euclid, the next one is Gilbert and Lincoln. Mr. Neunuebel indicated there is not a very close conglomeration of Type 21 license sales around that area and there is an apparent need for his client to have those services rendered to the community. O1-06-97 Page 12 Supporter: Salem El-Huzayel, 421 N. Brookhurst, stated he was in support of [he project. He uses this market almost daily due to its convenience, within wallcing distance from his home. The owners are very nice people and the liquor license would add to the availability of items to the consumers. In his opinion, it would really add to that process of providing [o the consumer. PUBLIC HEARING CLOSED Tom Engle, Anaheim Police -Vice Detail, stated it is we the Police Department has no[ had any calls for service a[ that location since they have owned the property, however, as stated on their letter, there is an over concentration of off-sales licenses still in that area. There are six and only allowed for four. Mr. Engle stated the Chief of Police is concerned with the 92% above average crime rate in the area and believes in the full liquor license will do nothing to abate that crime rate and, therefore, is requesting a denial fpr the application and maintain the Type 20 (beer and wine) license. Mr. Engle stated he visited the store and noticed the store getting crowded inside and he does not see how they can safely keep a full alcohol away from the younger consumers. Chairman Messe asked Tom Engle if he had a listing of the six licenses in the azea Tom Engle responded the listing he had was for off-sale licenses, not necessarily for beer and wine as follows: Kelly Mex Market, Smart and Final at 1751 W. Lincoln, 1779 W. Lincoln, 1841 W. Lincoln, D&D Market a[ 2161 W. Lincoln and Outlaws International Market at 2135 W. Lincoln. Bruce Freeman, Code Enforcement Division, stated he is familiar with [his property location since 1985 and over the yeazs there have not been so much calls far service within the business itself. Much of the activity goes on directly south along Catalpa adjacent to this location so a number of the problems aze rnn-off from the opem[ion itself. Mr. Freeman stated it is true these owners have good intenflons with operating a good business, however, they do not have control of their property which is directly adjacent to a high density populated apartment complex, the Brownwood Apartments. Mr. Freeman stated the property is gated with steal bazs that nm acrpss the front of the business, extensive signage and banners in the front, there is no landscaping so from a streetscape view of the property it is not well maintained in that regards. As far as calls for that location they have had none since the owner has taken over. Selma Mann, City Attorney's Office, stated she wanted to comment in regards to the intensification even though this is a legal nonconforming use. The change from beer and wine to the full alcohol is an intensification of the use and although they have a legal non-conforming use to continue with what they are doing now. I[ is the feeling that an intensification such as this would require a conditional use permit for that portion of the operation that involves the change from beer and wine to [he full alcohol. Chairman Messe asked if Commission denied this application for public convenience or necessity would there be a need to proceed with the CUP? Selma Mann responded, no, there would not. O1-06-97 Page 13 ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 15D61 (b) (3), as deFned in the Slate EIR and is, therefore, categorically exempt from the requirements to prepare an EIR. Determined that public convenience or necessity would no[ be served by the approval of this application based on the following: ' (a) Tha[ the Police Department identified the area as a reporting district with a 92% above average crime rate. (b) That the Community Development Department indicated that the project goals for the Brookhurst Commercial Corridor Redevelopment Area include the reduction of alcohol licenses for this area and that they do not support the intensification ofthe existing Type 20 ("off-sale beer and wine") to a Type 21 for subject use. (c) That the current number of liquor licenses for this census tract exceeds the number allowed for the population (4 allowed; 6 existing). (d) That subject property is immediately adjacent to residential neighborhoods with an existing pre-school for up to 70 children across Brookhurst Street. The requested upgrade to permit sales of general liquor maybe detrimental to the surrounding land uses. (e) That approval of this request would intensify subject legal non-conforming use. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 14 minutes O1-06-97 Page 14 9a. CATEGORICAL EXEMPTION SECTION 15061(6)(3) Concurred w/staff 9b. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY Denied NO. 97-02 OWNER: J.J. FOOD STORE, INC., Attn: Devinder S. Dhwahar, 1968 Berkshire Drive, Fullerton, CA 92633-4818 LOCATION: 3174 West Ball Raad (J&J Foad Starel. Property is approximately 0.32 acre located a[ the southeast corner of Ball Road and Western Avenue. Petitioner requests determination of public convenience or necessity to upgrade an existing Type 20 (beer and wine) Alcoholic Beverage Control license to a Type 21 (general liquor) license to permit retail sales of alcoholic beverages for off-premises consumpfion in conjunction with an exisflng convenience market. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY I SR6391KP.WP RESOLUTION NO. PC97-4 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None SUPPORT: 5 people spoke in favor of subject proposal. Rick Blake, attorney for the applicant, stated, the location is licensed for a beer and wine license for the pas[ 1'/: years. I[ operates as a convenience market and carries a wider range of goods and items in comparison to the average convenience mazket. When the store was originally opened they thought the current license would be sufficient, however, they have found that is not the case and have had significant customer requests for general liquor. The surrounding area is a very heavy residential area with residences in a four directions from the premises. There is are single-family dwellings as well as aparunents in most directions. The people in the area need to go a substantial distance in all directions, except west, [o obtain alcohol. They have to go almost a mile to Lincoln Avenue in a northerly direction, approximately half a mile towards Cerritos in the south and towards Beach Blvd. on the east. There is another license across Western Avenue on Ball Road. There was a liquor store at 3024 Wes[ Ball Road, as you approach Beach, which recently closed. Mr. Blake stated a petition was shbmitted with over 80 signatures supporting the request and there were approximately 5 supporters of the application in the audience. Mt. Blake stated it was very difficult for those people supporting the application to attend [his meeting since i[ falls on a weekday. This particulaz census tract is split between two cities, Stanton and Anaheim. The reporting district from the Anaheim Police Department is below average in crime and have existed without Police incidence. The Type 21 (general liquor) license will service a public convenience and need and cannot be found in the other locations. Mr. Blake stated the store to the west of them is not as modern, clean, well stocked. Mr. Blake concluded by stating with the request of the customers and the public, in general, they felt this request is what is necessary for establishing public convenience. O1-06-97 Page 15 Supporter: Brian Yarema, residing a[ 1212 South Western Avenue for the past 21 years, stated he is in favor of the liquor license. He likes the convenience of the market because it is within walking distance and he does not have to cross a busy intersection. He indicated the location in the past was vacant and that drew vagrancy and he much favors occupancy of the location. Supporter: Kahan Shahakpari stated he is in favor of the license. Supporter: Suresh ICamazquel stated he is also in favor. Supporter: Arhuo Leviano, 1318 Masterson, Anaheim, stated he is in favor of the request Supporter: Martha Recimos, 1220 South Western, Anaheim, stated she likes the store and like the people and she is in favor. PUBLIC HEARING CLOSED Tom Engle, Police Department-Vice, stated it is true the crime rate is lower there than average but it is only, because the majority of the reporting district is within the city limits of Stanton. I[ is the Police Departments belief that if the enflre district was in the City of Anaheim the crime rate would be above average as is most of the surrounding area around it. Chairman Messe asked are the statistics ever put together with a reporting district that is split into two cities? Tom Engle responded since the City of Stanton went to the County the cooperation is not quite there. He was able to ascertain from the Alcoholic Beverage Control that there are currently eight (8) off-sale licenses in these census tracts with which this reporting district is in, however, he only had the information on the ones that are in the City of Anaheim, which were only two. The remaining six aze in Stanton. Cheryl Flores, Senior Planner, Planning Department, stated staff recommended denial based on page 3 of the staff report. She also added that [his would intensify a legal non-conforming use as they had with Item No. 8. Commissioner Bristol stated he felt this was a difficult decision due to the community support which indicates the applicant apparently is doing a good job, however, the overriding consideration is a very serious issue which is alcohol pSrmits. I[ comes down to [he consideration for the public as a whole, this is good planningl'or land use issues and this is what the findings are referring to. After Commission voted Mr. Devinder Jhawaz asked to speak. Devinder Jhawar stated they already have a license and aze only moving from one location to another. Chairman Messe asked does that mean there is new ownership of the store and own a license at another location? Devinder Jhawar responded, yes. Chairman Messe stated what has been said is that there is no public convenience or necessity to have a Type 21 license at this location. O1-06-97 Page 16 Devinder Jhawaz stated when he came to the City to apply for the license staff indicated that it would probably not be much problem so his hopes were high when he submitted his application. The Police Department is the only one denying it. He emphasized it is not a new license, it is only a license from one place to another. Chairman Messe asked where he was moving his license from? Devinder Jhawaz responded from 8221 Garden Grove Blvd., Stanton. He indicated no one (including the Police Department) had indicated they were opposed [o the application. He asked that Commission not decide today and allow him [o speak with the Police Department before a decision is made. Commissioner Boydstun stated he was moving a license to a difference census tract so it is a different situation from where he was before. Chairman Messe stated Commission has taken a vote and explained the proper procedure would be to appeal [his decision to the City Council and if Mr. Jhawar should decide to do that to please speak with the Police Department, in the meantime. ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 15061(6)(3), as defined in the State EIR and is, therefore, categorically exempt from the requirements to prepare an EIIt. Determined that public convenience or necessity would not be served by the approval of this application based on the following: (a) That subject property is within an azea which has an over-concentration of ABC licenses (4 permitted, 8 issued). The issuance of any addifional or upgraded approvals for the sale of alcoholic beverages will add to the exisfing over-concentration in violaflon of Section 23958 of the Business and Professions Code. (b) Tha[ the petitioner did not demonstrate that subject request would serve [o benefit the public in convenience or necessity. The surrounding area already has rivice the number of ABC licenses issued than is currently permitted, indicating that the public is already served by exisflng businesses, including subject business, which currently provides beer and wine sales. (c) That approval of this request would intensify subject legal non-conforming use. VOTE: ~ 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION T1ME: 20 minutes O1-06-97 Page 17 10a. CEOA NEGATIVE DECLARATION lOb. CONDITIONAL USE PERMIT NO. 3901 OWNER: F.J. HANSHAW ENTERPRISES, INC., 10921 Westminster Avenue, Garden Grove, CA 92843 AGENT: GEORGE CASTO, 10921 Westminster Avenue, Garden Grove, CA 92843 LOCATION: 1112 North Brookhurst Strect (Boner Jahan Market). Property is approximately 0.91 acre located north and east of the northeast comer of Brookhurst Street and La Palma Avenue. To permit a 660 squaze-foot expansion of an existing convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to February 19, 1997 for readvertisement SR6400DS. WP FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None Akbar Mehr, 8081 70th Street, Buena Pazk, representing Bahman Jahangere (the present owner of the grocery store) stated this is a legal nonconforming use that has been in place since 1488. The request is to extend the existing legal non-co~rming use by 660 sq. ft. In reading the staff report, his understanding is that they aze in the proper zone and they are incompliance with all the parking requirements of the City and meet all the findings. Mr. Mehr stated has recommended approval of the project. There aze some items in the staff report regazding cooked orpre-cooked food, of which they have no intention [o do so. They have no intention to sell alcohol and basically agreed with all the conditions indicated on page 5 of the staff report, except Condition No. 4 that calls for removal of one of the wall signs. They are talking about three wall signs and not two. On the west side of the existing building the owner/manager has a lease and at the present time is a vacant property which is approximately 800 sq. ft. and he has no intenfion of extending it at this time. He wants to have an opening from the existing building later on and change it to selling some other type of items but at the present time he just wants to use i[ as a storage. They are going [o have 3 wall signs there and staff has recommended that one of them (in the center) should remain and the other one should be removed. No[ mentioned in the staff report is the third sign, the vacant storage on the west side of the store. Mr. Mehr stated according to Chapter 18.05093, Subsection .045 they could have all three wall signs because even if they consider all the buildings. The building frontage is going to be 265 linear feet and the height of the building is 20, so they aze going to have 5300 sq.ft. of building face; 20% of that is allowed by Code which is going to be 1060 sq.ft. Mr. Mehr stated if the scenario is changed and look at all the three storage's, still they are going to have one frontage of one of the storage's is 23 feet and the center one is 20 and the one on the south side is 22 fee[ which is going to be 65 linear feet times 20 feet which is the height of the building, they can have 1300 sq.ft. of building face, 20%of it is 260 sq.ft. of advertising area. He stated a summary of the nine existing wall signs. Mr. Mehr stated he agreed with all the conditions of the staff report (except Condition No. 4) and aze going to run a business in a professional manner incompliance with all the codes and laws of the City. PUBLIC HEARING CLOSED 01-06-97 Page 18 Cheryl Flores stated regazding the sign issue, the fact that the Code does allow 20% oFthe face of the wall to which the sign is attached. There is another section in the Code 18.05043 which states that part of the action of approving a conditional use permit there maybe more restrictive sign requirements imposed as part of that approval. Akbar Mehr asked whether that meant if [hey do not comply they could not have all three signs? Cheryl Flares responded actually there are only two signs over the area advertised for this hearing and it would be up to the Planning Commission to make that determination. Chairman Messe asked regarding the 3rd area, this may not be a legal use. Akbar Mehr responded in speaking with staff indicated it was too late to put it on the plan, however, later after receiving the CUP readver[ise it which he is in agreement with. The owner has the lease on the building and all he has to do is open on opening day and use it but currently he is using it as storage. Mr. Mehr stated he would like discuss everything now. Chairman Messe stated Commission can not discuss that third sign until he comes in for advertisement of the CUP. Commissioner Bostwick suggested this item be continued for two weeks and bring it all together as one operation so there is nothing out of conformance and it saves the petitioner from filing another CUP. Cheryl Flores stated this item could be continued for readvertisement for February 19, 1997. ACTION: Continued subject request to the February 19, 1997 Planning Commission meeting in order to advertise [he west expansion of the convenience market. VOTE: 7-0 DISCUSSION TIME: 13 minutes O 1-06-97 Page 19 MEETING ADJOURNED AT 2:40 P.M. TO THE PLANNING COMMISSION MORNING WORK SESSION OF JANUARY 22, 1997 AT 10:30 A.M. FOR A'DISCUSSION PERTAINING TO THE CLEAN-UP OF THE 500 BLOGK OF SOUTH ROSE STREET AND A STAFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS ANp ISSUES Respectfully submitted, ~..J?~pJ Ossie Edmundson Senior Word Processing Operator O1-06-97 Page 20