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Minutes-PC 1998/12/21SUI~MARY ACTION AGE~IDA CITY OF AN~lHEIIV~ PLAN~JIN~ C0~1lIMISSlON IViEETING MONDAY, DECEMBER 21, 1998 10:00 A.M.• DISCUSSION WITH REDEVELOPMENT STAFF PERTAINING TO THE PROPOSED BROOKHURST COMMERCIAL CORRIDOR (BCC) OVERLAY ZONE • STi AFF UPDATE TO COMMISSION OF VARIOUS CITY DEVELOPMENTS AND fSSUES (AS REQUESTED BY PLANNING COMMISSION) 11:00 A.M. • PRELIMINARY PLAN FtEVIEW 1:30 P.M. • PUBLIC HEARING TEST~MONY COMMISSIONERS PRESENT: BOSTWICK, BOYDS7UN, BRISTOL, KOOS, NAPOLES, WILLIAMS ABSENT: ESPING STAFF PRESENT: Seima Mann Greg Hastings Cheryl F~ores Greg McCafferty Kim Taylor Don Yourstone Alfred Yalda Tom Engle Margarita Solorio Ossie Edmundson Assistant City Attorney Zoning Division Manager Senior Planner Associate Planner Assistant Pianner Senior Code Enforcement Officer Principal 7ransportation Planner Vice Detail Acting PC Support Superoisor Senior Secretary 12-21-98 Page 1 17EMS OF PUBLIC INTEREST: None (Please nofe: A hand vofe was taken for all the items acted on since fhe voting panel was not operafing due to the remodeling of fhe City Council Chambers. j 1. REPORTS AND RECOMMENDA710NS A. REQUEST FOR DETERMINATION OF SUBSTAN7IAL Determined to be CONFORMANCE WITH THE ANAHEIM GENERAL PLAN: Joh~ D. in substantial Pavlik, Chief PFRD Right-of-Way Processing, County of Orange, Public conformance with Faciiities &~tesources Depa~tment, 300 N. Flower Street, Santa Ana, CA the General Plan 92702, requests determination of conformance with the Anaheim General Plan for the proposed sale of County surplus property. Prope~ty is located at the southerly terminus of Douglass Road and is generally locaied south of the Atchison, Topeka Santa Fe Railroad, east of the 4range Freevray (SR-57), and west of the Santa Ana River. ACT{ON: Commissioner Boydstun offered a motion, secanded by Commissioner Bostwick and MOTION CARRIED (Commissioner Esping absent), that the Anaheim City Planning Commission does hereby determine that the OCFCD's p~ oposed sale of surplus property to the City of Anaheim is in conformance wiGh the Anaheim General Plan. Kim Taylor, Associate Planner: This was a request from the County to determine conformance with the Anaheim General Plan fo~ the sale of 2.5 acres of surplus property to the Ciry. Property is south of Douglass Road and generally located south of the A.T. & S.F. Railroad east of the Orange Freeway and west of the Santa Ana River. At this time the property is being used as an Orange County Flood Control District storage yard and is zoned Limited industrial with the resolution of intent to public recreation. The land use element of the General Plan desiynates the site for business office service and industrial land uses. Therefore Pianning staff asked that the Planning Commission, by motion, make a finding that the County's proposed sale of the surplus property to the City is in conformance with the Anaheim General Pian. 12-21-98 Page 2 B. a) CEQA NEGATIVE DECLARA710N (PREVIOUSLY-APPROVED) Appr~ved b) CONDITIONAL USE PERMIT NQ. 4042 - REQUEST REViEW AND Approved final APPROVAL OF F{NAL PLANS: William Lyon Homes, Inc., Attn: Tom pians Grable, 4490 Von Karman Avenue, Newport Beach, CA 92660, requests review and approval of final building elevation, signage, fencing, and landscaping plans for a previously-approved, 40-unit, 2-story detached RM-3000 zoned residential condominium development. Property is located 1203-1245 South Knott Street.. ACTI0~4: Commissioner Bostwick offered a motion, seconded by Commissioner Napoles and MOTIOPJ CARRIED (Commissioner Esping absent), that the Anaheim City Planning Commission does hereby determine that the previousiy approved negative declaration is adequate to serve as the required environmental documentation for subj~ct request. Commissioner Boslwick offered a motion, seconded by Commissioner Williams and MOTION CARRIED (Commissioner Esping absent), that the Anaheim City Planning Commission does hereby approve the final landscaping, fencing, building elevation, and signage plans based on Commission's concurrence with staff that the final plans demonstrate compliance with the corresponding conditions of approval identified in this report and in conjunction with this perrnit based on the following: (i) Tha! landscape plans submitted for building permits shall indicate a 5 foot wide planter, with 24-inch high shrubs and groundcover, adjacent to the public right-of-way along Knott Street (condition no. 22). (ii) That fencing plans submitted for building permits shall indicate that the block walis adjacent to the private streets be setback a minimum of 5 feet from the streets with clinging vines planted at 5 feet on-center adjacent to these walls. (iii) That landscape plans submitted for building permits shall indicate clinging vines adjacent to any portion of the block wall visible from Knott Street, Ball Road, and the railroad right-of-way, and shall be planted at 5 feet on-center maximum (condition no. 7). (iv) That landscap2 plans submitted for building permits shall indicate that the 21 trees adjacent to Knott Street ~nd adjacent to the main entryway be a minimum of 36 inch box in size. (v) That prior to installation, final landscape plans for the remaincler parcel shall be submitted to the Zoning Division of the Planning Department for staff review and approval. (vi) That wood fences or gates that are in side yards (constructed parallel to the street) shall be treated so as to prevent discoloration. That shrubs shall be , planted on the street side of wood fences wherever visible to the street. SDS.DOC ApplicanYs Statement: Tom Grable: William Lyon Homes: Presented final building eievations and landscaping plans. They reviewed the staff repori and conditions of approval and concur with the conditions with one exception. On page 5 b(ii?) regarding clinging vines on block wall along Knott Avenue. They would like vines to 12-21-98 Page 3 remain at 15 feet as shown on submittal along the wall adjacent to the Orange County Transportation Authority's railroad right-of-way because the fence is back significanUy from the intersection of Knott and Ball and from a vlsual standpoint will be behind the hamburger restaurant. Also thaYs on the railroad right-of-way and from a maintenance standpoint it would be more difficult ta get to them at 5-foot intervais. Chairman Bristol: Asked staff to respond. Cheryl Flores, Senior Planner: City's concerns are with graffiti from ihe railroad right-of-way and if the vines are spaced 15 feet apart it will take much longer for them to fill in. Cheryl Fiores: Staff wauld like to see landscape plans for the remainder parcel prior to ~!he installation of the landscaping so that they can review the landscape materials. They also have another stipulation that they treat any wood fences that are in side yards or gates across the side yards between th~ houses be treated so that they don't discolor. If there is a side return for a fence and not a gate, that there would be !andscaping planied in front of the wood fence to grow up against the fence for enhancement. Mr. Grable: Advised that they do not have a problem with the request and wiil be glad to move the fence back so that it runs from the corner of the building to the corner of the building as opposed to right in back. They have no problem with the remaining parcel and are still working with the adjacent property owner. Commissioner Bostwick: Felt the five feet should remain because the fence will be covered with graffiti if It isn't covered with vines. Chairman Bristol: Advised that they are going to have to have sprinklers anyway, and ayreed that the graffiti will be a problem, so the five feet should remain in force. Cheryl Flores: Asked about the color rendering and brought out the plan. Mr. Grable: Advised that the rendering is being demonstrate~; without the frees located along Knott. The drawing shows what the rear and side elevations will look like. They are going to have 36" box trees that will be between the street and the buildings. C. a) CEQA CATEGORICAL EXEMPTION-CLASS 3 Continued to b) VARIANCE N0.193 - RSQUEST FOR DETERMINATION OF 1-4-99 SIIBSTANTIAL CONFORMANCE: Alive Again/ Zully Duenas, 211 South State College Bivd. #207, Anaheim, CA 92806, requests determination of substantial conformance to establish a non-profit counseling/educational, spiritual seminar center and bookstore. Property is located at 301-305 North Harbor Boulevard. (ltem was initiafly trailed.) Cheryl Flores, Senior Planner: Staff made several attempts to contact the applicant for this item but were unable to reach him and therefore suggested the item be continued. 12-21-98 Page 4 _ _ _ _ _ ., . ~. .. .: ... --- . _. . .... . . . _ _ .. . . . . . ; ..: . ... . _ _ . . _ _._ ...... . D. CONDIi'IQNAL USE PERh??T NC1S. 2476 AND 2171 - REQUEST FOR Terminated TERMINATION: Don L. G2rcia & Lisa ~. Morales, 25622 Salemo Way, Yorba Linda, CA 92887-6222, request far terminatfon of Conditional Use Permit Nos. 2476 (to permit sales of alcoholic beverages for on-premises consumption in a proposed Moose Lodge) and 2171 (to permit commercial use of a residential structure). Property is located at 912, 914 & 916 South Harbor Boulevard and 406 West Vermont Avenue. TERMINATION RESQLUTION NO. Pr,98-796 This item was not discussed. E. CONDITIONAL USE PERMIT N0. 2264 - REQUEST FOR Terminated ~'ERMINATION: Jack C. Chou, 3 Watney, Irvine, CA 92618-2806, requests termination of Conditional Use Permit No. 2264 (to expand an existing restaurant in the ML Zone). Property fs located at 710 East Katella Avenue. TERMINATION RESOLUTION N0. PC98-197 SR7213DM This item was not discussed. 'f 2-21-98 Page 5 PUBLIC HEARING ITEMS: 2a. ENVIRONMENTAL IMPACT REPORT NO. 321 Continu~ 2b. GENERAi. PLAN AMEN~MENT NO. 361 1-20-99 2c. THE ANAHEIM STADIUM AREA MASTER LAND USE PLAN (INCLUDING DR,^+FT ZONING AND DEVELOPMENT STANDARDS. fJRBAN DESIGN PLAN AND GUIDELINES. MASTER LANDSCAPE PLAN. PUBLIC FACILITIES PLAN AND IDENTITY PLAN) 2d. REQUEST FOR CITY COUNCIL REVIEW OF 2a, 2b, and 2c iNITIA7ED BY: City of Anaheim, Planning Department, 200 S. Anaheim Blvd., Anaheim, CA 92805 LOCA710N: The 807-acre Anaheim Stadium Area is generally bounded by the Edison transmission corridor on the north, the SR-57 (Orange) Freewsy and the Santa Ana River on the east, the Anaheim City limits near Orangewood Avenue on the south, and the I-5 (Santa Ana) Freeway on the west. Environmental Impact Report No. 321 - Request for certification of EIR No. 321, including a statement of Overriding Considerations. Draft Environmental impact Report (DEIR) No. 321 has been prepared for the project and circulated for public and responsible agency review in compliance with the California Environmental Quality Act (CEQA) and the State and City of Anaheim CEQA Guidelines. As indicated in the DEIR, significant effects on the environment related to schools, air quality and solid waste will result from implementation of the Anaheim Stadium Area Master Land Use Plan (MLUP). A Response to Comments document will be made available for public review 10 days prior to the final decision on the project. This document includes responses which address the public/responsible agency comments on the DEIR and refinements to the text of tl~e EIR. General Plan Amendment No. 361 - Proposal to amend the Land Use, Circulation, and Safety and Seismic Elements of the General Plan as follows: A. Land Use Element To add text to the General Flan Land Use Eiement recognizing fhe Anaheim Stadium Area MLUP, including zoning and development standards as an implementing zoning document of a mixed use land use designation, and establishing mar.imum development intensities for the area. To revise the Water, Sewer and Storm Drain General Plan Land Use Element Maps to retlect the public facility improvements described in Section 5.8, Public Services, Utilities and Energy Consumption, of the EIR. B. Circulation Element To redesignate Katella Avenue between Lewis Street and 12-21-98 Page 6 Avc~ue entrance to the Stadium propert~r from a Major Arterial Nlghway (120-foot right-of-way) to a Stadium Area Sma~t Street (130-144 feet of right-of-way) designation; and between th~ Katella Avenue entrance to the Stadium property and the east Anaheim City limits from a Major Arterial Highway (120-foot right-of-way) to a Stadium Area Sma~t Street (120-144 feet of right-of-way) designation. To redesignate Lewis Street between Cerritos Avenue and Orangewood Avenue from a Primary Arteriai Highway (106-foot right-of-way) to a Secondary Arterial Highway (90-foot right-of-way) designation. To redesignate State College Boulevard between Gene Autry Way and Katella Avenue from a Major Arterial Highway (120-foot right-of-way) to a Modified Major Arterial Highway (129-144 feet of right-of-way) designation; ~nd between Katella Avenue and south of Babbitt Avenue from a Major Arterial Highway (120-foot right-of-way) to a Modified Major Arterial Highway (162-foot r's~ht-of-way) designation. Critical Intersections - to delete the Katella AvenuelHowell Avenue Critical Intersection and to add a State Coilege Boulevard/Gene Autry Way Critical intersection. C. Safetv and Seismic Element That the Fire Station Public Facility designation shown on the Land Use Element Map and associated text contained in the Safetj~ and Seismic Element be deleted from the General Plan. Related actions addressed in DEIR No. 321, which may occur subsequent to adoption of the proposed project, are included in Section 3.7 of that document and may include infrastructure financing programs, property acquisition (which may involve the exercise of eminent domain proceedings), subdivision maps, grading permits, encroachment permits, implementation of a zoning overlay, zoning permits, building permits, and other actions related to the proposed construction and development of the Anaheim Stadium Area MLUP. ENVIRONMEN7AL IMPACT REPORT RESOLUTION N0. GENERAL PLAN AMENDMENT RESOLUTION N0. MASTER LAND USE PLAN RESOLUTION ~10. ~ SR1026GM.DOC FOL,LOININC°, IS`A SUMMAI2~X-0F T E.PLANNING C.OMMISSION ACTION: '~ Greg McCafferty, Associate Planner: Requested a conti~uance to January 20,1999 Planning Commission pubiic hearing. 12-21-98 Page 7 QPPOSITION: None ACTION: Continued subject request to the January 20,1999 Planning Commissfon meeting 1n order for staff to refine rnsponses to comments received on :he EIR. VOTE: E-0 (Commissioner Esping absent) DISCUSSION TIME: 'This item was not discussed. 12-21-98 Page 8 3a. CEQA NEGATIVE DECLARATION Hpproveo 3b. WAIVER OF CODE REQUIREMENT Denied 3c. CONDITIONAL USE PERMIT N0. 4076 Granted, in part OWNER: ELVEE, Inc., 200 W. Midway Drive, Anaheim, CA 92805 AGENT: Jim Marquez (Nextel), P.O. Box 1598, Redondo Beach, CA 90277 LOCATION: 200 West Midwav Drive - Anaheim Rrsort R.V. Park. Property is 6.65 acres located on the south side of Midway Drive, 400 feet west of the centerline of Anaheim Boulevard. To permit a 52-foot high telecommunications monopoie "palm" tree and accessory ground-mounted equipment with waiver of permitted encroachment into setback area. Continued from Ehe Commission meetings of November 23, and December 7,1998. CONDITIONAL U5E PERiNIT RESOLUTION N0. PC38-198 SR7358TW.DOC ~'-~OLLOWING•IS~A~SUMM Y.OF;TNE PLANNINGCOMMISSION,ACtION. (Commissioner Bostwick dec/ared a conflict of interest on fhis item,] ApplicanPs Statement: Jim Msrquez: Stated he was present on behalf of Nextel Communications at 17275 Darian Avenue, Irvine CA: They reviewed the staff report and agreed to move the antenna (monopole) 70 feet east and 50 feet outside of rear yard setback, to accommodate the same grove oF eucalyptus and palm trees. They asked that the Commission approve the heights with the proposed specimen trees at 30 foot for palm trees and 36-inched hox eucalyptus trees in order to have hardi~r trees for a longer period of time without having to prune them and lose the p~lm fronds. (If they limited spscimen trees to a height of 40 feet as suggested by staff, they would be in place for 5 to 7 years before liaving to be remov~d. They felt it would be impractical. The other concern is a request lhat the Planning Commission approve this item vrith language similar to Condition No. 7 on page 6. They reauested that the Planning Cammission approve this and allow the applicant to submit final drawings that represent these same items. THE PUBLIC HEARING WAS CLOSED. Commissioner Koos: He asked if the height of the palm trees could not be the same slevation height as the equipment because of transmission issues. Jim Marquez: Advised that the trees need to be 5 ta 7 feet below the base of the antenna so that as the projection comes out of the antenna, it funnels wider to transmit the signal. Commissioner Koos: Asked if the trunk of the tree in front of the equipment would impair tne signal? J;m Marquez: Yes, it would be an impediment. 12-21-98 Page 9 ~~ .. . , . . . . _ _ . . Jim Marqu~z: The main thrust of the design is to place plant materials aro~nd the antenna, sa that from a , distance drivi~g through the I-5 conidor, there wauld be a sense of a grove of trees. Advised that theu have ~mended the location that was initially submitted by placing the antenna an additional 70 feet to the east and by puliing {t back in a w~y you change the geometry of the location of the antenna relative to the motorisYs drive. OPPOSITION: None ACTION: Approved Negative Declaration Denied Waiver of Code Raquirement on the basis that the waiver of permitted encroachment into setback area is no longer requirad because the applicant will place the antenna an additional 70 feet east of its originally planned locatio~, outside the setback area. Granted, in part, Conditional Use Permit No. 4076 with the foilowing changes to conditions: Modified Condition No. 7 to read as follows: 7. That final plans indicating the location of the mono-palm and accessory equipment at a locatian that will reduce the visibility of the mnno-palm from the freeway and is outside the Code required-sett,ack areas, shall be submitted to the Zonin~ Division of the Planning Deparcment for staff review and approval by staff. VOTE: 5-0 (Commissioner Bostw;ck declared a conflict of interest and Commissioner Esping absent) Selma Mann, Assistant Cih~ Attorney, presented the 22-day appeal rights. DISCfJSSION'i'IME: 12 minutes (1:50-[:U2) 12-21-98 Page 10 4a. CEQA NEGATIVE DFCLARATlON (PREVIOUSLY-APPRC7vtu) uenlea 4b. CONDITIONAL USE PERMI"f NO. 3269 (READVERTISED) Denied OWNER: Kyu-Flo Yun and Young S., 9982 Bixby Circle, Villa Park, CA 92861-4107 LOCATION: 501-509 South Brookhurst Street - 7he Ritz. Property is 1.92 acres located on the west side of Brookhurst Street. To amend or delete a condition of approval pertaining to hours of operation at an existing public dance hall with sales of alcoholic beverages for on- premises consumption located within an existing commercial center. Continued from the Commission meetings of October 2E, November 23, and December 7,1998, CONDITIONAL USE PERMIT RESOLUTION NO. PC98•199 SR1 FOLL-OWING 1S A'SUMMARY~OF THE PLANNING.GOMMISSION'AC;TION ApplicanYs Statement: Irv Pickler, 2377 Mall Avenue, Anaheim CA 92804: Stated there was a sound attenuation report taken on Saturday night from 12 Midnight to 1:45 a.m. He reiterated that the Nguyen family has been operating this establishment from 1983 to the present time. Due to the economics and competition, they are requesting the extra days. They employ close to 30 people, which include 6 security guards on a daily basis for Friday, Saturday and Sunday nights. They cater to a high caliber of clientele in a facility that features ballroom dancing with a live orchestra and singers. For the past 15 years they have continued to work with the City to maintain a business that would not creafe problems and continue to improve the facility and the area. On the additional nights that they have requested security will help alleviate the criminal aspect that they have. Security arrives at 8:30 p.m., prior to the opening and leaves at 2:00 a.m. Opposition: Mike Connery, 9881 Theresa, ,4naheim: He had photos taken last Saturday night at 12:30 with a panoramic view of the back ~ot when helcl together. it was rainy so not many cars were parked there that night. He counted 27 cars along his wall and that was on a night that it was not packed. He said he could still hear the music and could hear the doors slamming and alarms going off and talking in the parking lot. It seems to be a little lower in volume the past cwo weeks. It appears things have changed since this iEem has come up before Commission. In the past there were cars parked there and people living in them. Traffic remains a concern. There are still many cars and he could not see how that could be stopped unless the back lot is closed. Chairman Bristol: Asked if it was on the west wall and advised it was a good time to mention that many of the Commissioners had been to the site at night and in early morning hours. Tamara Martin, 421 South Archer Anaheim, CA 92804: Handed out papers to staff and Commission. 5he stated she has spent about 8 hours going over past staff reports and minutes going bach to 1990. There have been many people speaking in opposition to granting Mr. Nguyen increased days and hours of operation for his business, which is located adjacent to their neighborhood. The following statements 12-21-98 Page 11 reflect ths majority of the opinion of the neighbors that couid not be present. (Letter from Ms. Martin to Commissionersubmitted at the public hearing.j Some have watched for years the expansion of the Ritz, From a small family restaurant with dancing to an "adults only" dance hall without the sit-down restaurant dining. They've attended Planning Commission meetings in which Mr. Nguyen has requested more and more deletions of conditions involving zoning rules and operations. Most of th~ deletions were granted, a few denied. Some of the deletions were granted becauso the Ritz is open only on Friday, Saturday and Sunday. Some deletions wouid have been denied if the Ritz were open Monday through Sunday. The April 23,1990 Planning Commission meeting minutes, Mr. Nguyen request building expansion to 8,000 square feet to hold 530 customers. On page 35, paragraph 1, Ivir. Nguyen's attorney stated che expansion would not be a probiem to the neighborhood as the Ritz would only be open 3 nights a week. The same stipulation was repeated by the attorney in paragraph 6. The 3-night stipulation was rurther reinforced by Commissioner Feldhaus, in parag~aph 8. The Planning Commission denied the expansion and Mr. Nguyen appealed, the City Council allowed the expansion but upheld the conditions of operatior,s to Friday, Saturday and Sunday. She asked ~~hy. Why limit the days and hours of a public dance hall that resides next to single family residences because s dance hall holding from 200 to 530 people with 100 to 200 or more cars makes all kinds of noise; noise associated w~ith a perty atmosphere. The neighborhood is 3 times quieter during the week than it is on the weekends. They have been told that they can't hear the noise disturbances from the Ritz so she asked the Commission if they really believed that when 400 people leave at dancp hall at 1 or 2 in the morning after drinking and dancing they quietly go to their cars? That they have any concern for the families living on the other side of the fence? Do the employees who leave later sometimes loitering, talking, consider these families7 ~e ~~ir^.^.s ^~ employees talk quietly, vvalk softly, do they disarm their alarms, oper~ and close doors gently slowly and considerately drive out of the parking lot7 There are only 141 spaces for the entire strip mall, which includes 5 other nighttime open places, three bars and 2 restaurants. Where are they going to park? In back? On the street and across the street? Valet parking doesn't solve all these problems and they add to some. It is human nature, there is going to be talking, laughing, whistling, singing, arguing, yelling, some fighting. There are numerous car ala~ ms, car beepers, car door slamming, engines revveing up, car radios blaring, tires squealing, occasional fender benders and sometimes music from the base music thaPs played. Some neighbors have moved because of this and others are planning to. Mayor Daly and City Council have stated goals to improve the commercial sector of the West Anaheim community. They were told that the residents around the Brookhurst Corridor would improve. She quoted "the growth of liquor oriented business would stop" and there wo~ld be improved changed codes and changed land usage. These are neighborhood issues and are important. They affect ihe way they feel about their community and city. Dance halls should have never been a~lowed to be zoned next to single family residence and has been admitted before. But, extending days and hours of a liquor oriented business is growth, she didn't think they deserve it. Marvin Marsh, 98E2 Theresa Avenue, Anaheim, CA: He is co-founder and president of Trigtech Inc. which manufactures sound vibration measuring analysis equipment for 18 years. They measure sound and vibration and when measuring those quanlities they are measured over a lenglh of time called averaging time and give a reading. He clapped his hands and said this noise would probably not show up or the reading, nor car doors slamming, nor someone yelling out. Readings have to be looked at very closely. He did not think these rypes of noises are beinc~ taken into consideration. Tracy Gambaa,1636 South Songish Street, Anaheim, CA 92804: She lives about a mile away. She has stetistics about the crime of alcohol. The fact that they want to allow a drinking establishment to be open more days of the week is allowing more crime to take place. She stated several statistics regarding crime, traffic accidents and domestic violence because of someone drinking, statistics regarding ages and days of the week where crime is prevalent. 12-21-98 Page 12 lan White, 9871 West Theresa, CA: Lives approximately 300 feet north and behind of the P.itr. They are subjected to the noise; ihere is no buffer zone because it ~vas done prior to buffer zones being established. One of the concessions was to be Friday, Saturday and Sunday and he hopes that they do not increase the amount of days as the applicant is requesting. Tina Brock, 9321 Thistle Road, Anaheim, CA 92804: She stated the fact that the noise is disturbing the neighbors should be grounds enough not to expanc the days of operation. She senses favoritism for the Ritz. What benefits does the City have in allowing the Ritz to expand and why are they giving more favor to a businessman who does not even live in the community. It seems like their concerns have little value to the Planning Commission. She realizes that they che~ked the noise level again, and they should be grateful but beliPVes that it is not good enough. The Ritz is affecting their quality of life, their home values, safety and the integrity of the community. The homes are behind a shopping center with an alcoholic beverage serving dance club. They do not go together and why is their neighborhood being disgraced. The Ritz is on Brookhurst and shares the responsibility of the problems there, so therefore it is very relevant. Brookhurst is a mess because of what has been permitted. There are too many alcohol establishments too close to their homes. By allowing more days of operation for the Ritz Commission is expanding these types of businesses and setting the standard for the neighborhood and attracking similar business. When they allow businesses like the Ritz to expand, the City can make more money, bul it will cost the Anaheim residents, good neighbors moving out, and apathy from the new ones and crime continues on. Mr. Pickler: He does not want businesses coming in and being a detriment to the City of Anaheim. He thinks the Ri~z is one of the better facilities that are operating on Brookhurst at this time. If redevalopment comes ko Brookhurst, the owner will find a new place to have their operation. They have contained it so there is no crime in the area. They have metal detectors; music is geared towards an older group of clientele, and a sound attenuation taken every 15 minutes. The Nguyen's and Ritz has heard the comments of the people and are trying to solve the problems that they hear. Code Enforcement nor the Police Depa~tment has had no complaints. The 300 or 400 people do not leave all at one time when they come in to dance. He has spoken to the Nguyen family and would like, instead of 4 days would just like to get 2 days, Wednesday and Thursday. They will make sure there is no parking on the ~vest wall on Wednesday and 7hursday by putting cones in or do what they have to do. They will have a security person at all times going to cars when they leave and askino them to keep the noise down. The rear door wiil have a full time security guard. They plan on restriping with no parking in that area and they will replant some trees as a buffer. He did not think they hear the music from across ihe street from Brookhurst. He has not heard it when he has been out there. They have tried to work with the community, and have a high clientele that can go in and dance. He did not feel the crime and prostitution could be blamed on this operation. Having security there from 8:3G to 2:Q0 the extra two days would be good for the community. It puts many people to work, brings revenue into the community and is concerned about the people in the community. THC PUBLIC HEARING WAS CLOSED. Chairman Bristol: Stated for the record, he visited the site on Friday night, 5 minutes to midnight until 12:35. He observed 3 security guards, spent much of time at the west wall in the back. There were 8 cars parked there at 12:00 Midnight. He went to the front, across the street, across to the wall next to the residents on Archer. He tried to hear the Ritz from one side of Brookhurst to another side and all the way to the wall. He tried to hear lhe noise at the west wall at 12 a.m. and could hardiy hear any noise, but he did hear people come and go and shut doors. The music he f~eard had nothing to do with the Ritz. It was coming from the Cavalier with their doors open and literally across Brookhurst on the west wall. It was extremely loud and the residents in tne back would have heard that because he went to the back of their facility and heard the same thing. 12-21-98 Page 13 Commissioner Napoles: He was also there Friday night. He went into the building and spoke to Mr. Yun. There waa a guard at the door at the west part of the building. He and Mr. Yun walked outside to the west parking area near the fence, there was a security guard there and there was a sign at the parking lot informing their customers to park in the front, not the back. He stood there for awhile to observe. At 11:00 p. m. he got into his car and went to Archer Street and parked there for a 1/2 hour to see if he could hear loud noises but he did not hear anything. From Archer he went to the first block near the wall and stayed there for another 1/2 hour and came back. He left around 1:00 a.m. and there were cars going in and out. There was some noise made but not much. He felt that they have ample security guards. !ie understands that he was only there one night and the residents are there every night and perhaps hear more than he did. Commissioner Boydstun: Stated she was there Sunday night and did not hear any music from out of the building. The parking lot in the back was half full against the wall. She did not see any security guards back there. There were several people hanging around out front and she assumed it was because there was no smoking in the facility and they were outside to smoke. She thoroughly read the sound report and felt that it did not address the issues ihat are concerning the neighbors. She agreed when someone slams a car door at one in the morning ihat it wakes you up quickly and makes it difficult to go back to sleep. She is opposed to the late hours during the week because it is not fair to the neighbors. She does not feel there should be anything after midnight. If the applicant would buffer the back parking lot and not allow parking right against the wall, it would help with the sound. She feels there needs to be a compromise. Don Yourstone, Senior Code Enforcement Officer: He went to the Ritz on Saturday, December 19th at 12:15 a.m. and stayed until 1:45 a.m. Prior to going there he went to Archer Street and could not pinpoint noise coming directly from the Ritz because of the Cavalier and the traffic on Brookhurst. When he got on the west side of the property behind the Ritz there were 30 cars parked in the lot, 10 of those were parked against the west wall. He did a sound study with their equipment and got an average of 56 decibels, whicF~ is just below code requirements. As people were leaving they would activate the car alarms and you could hear the beeping, chirping etc. People were walking to cars talking at a fairly loud tone of voice and at the end of the evening when the staff cleaned out their trash and bottles there was a lot of noise. Mr. Picklerjust informed him that this would stop and :hey would now wait until the morning. He could hear noise and music coming from the building even though both rear doors were closed. Only once did he see a security guard at the driveway along the north side of ttie building to take a look. He stopped just past ihe building, looked around and turned and went back to where he was. There were security officers out front, people were out there smoking. Tom Engle, Vice Detail - Anaheim Police Department: The Police Department is still concerned about the overall area that the Ritz is in. The crime rate is 219% above average. The calls for service may not be at the Ritz, but they are in the area. The Police Department is concerned about controlling the parking lot and wants to know if the Ritz has an agreement with the landlord !hat allows them to control who p2rks where. Or if somebody else parks there and goes to another location, can they stop them from going in and parking at the back wall. The Police Department has concerns about a business operating in the City where ;heir clientele must go through a metal detector before they go in. There is only one other place in the City that has a metal detector, the Flamingo Theater. The Police Department and the Chief of Police have many concerns about 8rookhurst Street, about any, and all new, as well as old alcohoi operated locations on there. Tha Polics Chief asked that Commission consider this as fully as possible. 12-21-98 Page 14 Mike Connery: Regarding the car alarms, the frequency is quite high and they can be heard as far away as Brookhurst. They are also concemed about the crime as well. He tr~~nked them for taking the time to go out there. Commissioner Koos: Mr. Pickler indicated that they wouid be willing to limit the parking and the Police Department brought up a good point as to whether ar not they have an agreement. If they had 18 cars on Sunday at the back wall at midnight, why wouldn't they have that kind of demand on a Thursday since there would probabiy tend to be more customers because people tend to have Friday's off rather than Monday's. He asked Cheryl Flores about the hours of operation because the resolution to City Council said Sunday hours are supposed to b~ until 12:30 a.m. however according to the study, everybody left at 1:45 a.m. on Sunday night. Chairman Bristol: Asked if they were following the hours of operation7 Cheryl Flores: She stated the hours listed in Resolution 90R-317 are the hours they are subject to at this time. Mr. Pickler: Clarified that the report was taken on Saturday, iYs a continuation of Saturday into the early hours of Sunday. Don Yourstone: Confirmed he was out there Saturday which went into Sunday. Commissioner Koos: Mr. Marsh's testimony regarding noise isn't just about sound level but a frequency of unwanted sounds. He is concerned about the residents. Chairman Bristol: He asked Cheryl Flores about the comment on the staff repurt to have this continued so that the petitioner could submit a mitigation measure on this noise. He wondered how anything could be mitigated at this site to keep noise from going to the hack, short of not allowing parking in the back. Don Yourstone: He did not think parking could be stopped because it is a shopping center. It is also a public throughway. Chairman Bristol: He still is not comiinced that you can hear this noise at Archer Commissioner Bostwick: He feels that this is a clientele that is not threatening to the community. At this point he is leaning towards Wednesdays and Thursdays from 9:00 p.m. to 12:30 a.rn., leave the other hours as is. That they block off the parking against the west wall so that there is no parking there; have security in the parking lot; and plant 15-gallon cypress trees along the west wall to grow which would help mitigate the sound. Don Yourstone: There were trees there originally but someone removed them. Chairman Bristol: Asked staff if the applicant would be able to continue to use the facility 3 nights a week if Planning Commission did anything o~ this issue until such time in ths future that they either sell it or decide to leave this premise? Cheryl Flores: Advised yes, they can use the permit under the hours of operation that are granted in ~he resolution. Chairman Bristol; Asked if they could restrict certain things on the CUP including time? Could they restrict, as Commissioner Bostwick mentioned, a time limitation for a year or two and if they do not fulfill all of the things presented, then the CUP would only be for one to two years on this site? 12-21-98 Page 15 Selma Mann, Assistant City Attomey: If Commission makes changes in the CUP subject to a time limitation, when that time limitation for the extra days expires, it would not affect the rest of the CUP. Chairman Bristol: Asked if it was just additional time. Selma Mann: Just the changes that they are making to the CUP. Their only constraint with regard to the conditions of the request for additional days would be that there be "nexus" of proportionality and type of impact. If they ca~ ~ make a link between the operation of the business during the entire week it would not be inappropriate to make conditions that affect the entire use as a condition of the chanc~es that are being made here. However there would need to be a nexus. Cheryl Flores: Commented on reducing the parking by not allowing parking adjacent to the west property line. She believes that the City Traffic and Transportation Manager, to make sure that it would work with this business, should look it at. i'here would be enough parking on the premises without causing people to go elsewhere to park and affect other businesses. Tom Engle: The Poiice Department wouid have a concern that this would be granted without some type of termination date because should the owner sell this property then they are stuck with these conditions. Chairman Bristol: Everybody has a concern with Brookhurst Street. He is trying to make a decision on a private business ownership and what is good for the applicant as well as for khe residents. He still has a concern with the noise issue. Commissianer Koos: Community Development is suggesting in an overlay zone that this use be prohibited above an~ beyond ihe code. They recognize that some existing businesses are better than others, Are they going to move in the direction that they want to go to with that corridor as a potential redevelopment zone? How ars they going to approach the planning process over time, in a piece meal fashion or as a comprehensive strategy? Mr. Pickler: Commenied on the trees, from the base of where the neighbor's residences are to the wall, it's 6 feet. Mr. Nguyen seid that as part of the condition he would plant trees that will block and alleviate it. He as a 10 year lease on the property, if Redevelopment was to come in, and move someone then they would help find another location for the business being displaced. If Commission puts the conditions in place, he did not think Mr. Nguyen would have a problem with it even if they have to come back again to make sure they complied with all the rules. He would like to compromise on the hours for the two days to 1:00 a.m. Mike Connery: He feels that putting trees against the wall will cause a lot of leaves on his side of the property, especially during the Santa Ana winds. Chairman Bristol: Ac;vised Mike that they are putting in Cypress trees. They are tall, straight up, planted 3 feet apart and when they grow together they create a sound barrier. Mike Connery: Indicated that when the Commissioners have been out there i!'s been during the holiday season and there are fewer people the~ e. The pictures he took there do not show how busy it normally is. Chairman Bristol: Advised the night iie was there, the parking lot and building were full. They could hardly find a place to sit down inside. Mike Connery: Advised that there is usually a lot more cars out there. Chairman Bristol: Asked Mr. Nguyen if he had reciprocal agreements or could he obtain reciprocal agreements to park on Brookhurst throughout the center7 12-21-98 Page 16 Mr. Nguyen: Responded that he thought they aSready have an agreement in place. Chairman Bristol: He would consider something with restrictions for a year or two maximum because of the intensity of this site. He does not know how you can mitigate it without putting a wall up or no parking. He would cansider all the things that they have been discussed but with a stipulation that when the applicant reapplies for a reinstatement or extension of time, that Commission strongly urges him to move the business to another location in Anaheim. Commissioner Koos: Asked Cheryl Flores to comment on staff's ; ecommendation in the staff report for a continuance. Cheryl Flores: Staff recommends denial of the negative declaration as the proposal is right now based on the noise issues associated with increased hours and days of operation. Commissioner Koos: Asked about the project as proposed? Cl~eryl Flores: Staff is recommending continuation of the ~equest to give the benefit of the doubt to the appiicant that there may be some mitigation measure that hadn't been brought forth so far. Other than that, they do see a definite impact with the approval of this request. Chairman Bristol: He would support something on a time restriction to stop the noise, but if they can not stop the noise then he is not in favor of it. Commissioner Koos: They can not get past Mr. Bostwick's motion with anything short of an EIR. Commissioner Bostwick: Asked if the applicant is not given acfual things that are going to mitigate the noise, then how can they mitigate it. ~hairman Bristol: Asked Cheryl Flores what could mitigate the noise? Cheryl Flores: They could not think of anything in the rear lot that would mitigate the things like car alarms and closing doors and people talking. They could only come up with double doors for the interior. Commissioner Bostwick: They already have double doors and tl~ey don't use the back door, they have guards blocking that off. The issue is not the sound from in the building; it is the cars parking. Cheryl Flores: That is the area they have no suggestions for. Commissioner Bostwick: He asked whether no parking on the west wall would mitigate that? Cheryl Flores: She would like the traffic engineer to look at that. Anytime they are decreasing use of existing parking spaces they want him to approve it. Commissioner Boydstun: He did not think they would lose any parking spaces by planting cypress trees. Mr. Pickler: If you take the whole center in consideration, they are already short of parking for that type of use. Commissioner eoydstun: The only way that this has worked is because it is a night business and the rest of it is gone in the daytime, bui it does not meet code. She stated that she could not vote for the hours that they are requesting. She does not think it should be open past 12 o'clock on weeknights. She can not see how they can have a CEQA Negative Declaration according to the testimony given from the neighbors and with the traffic problems. 12-21-98 Page 17 Greg Hastings, Zoning Division Manager: Staff is more than concemed about the car alarms along the west side of the building. Staff would be just as concemed even if it were a church facility that wanted to add extended hours. Chairman Bristol: If the parking along Brookhurst can't substantiate parking for whatever patrons they have, then the site can't intensify. It is already too intense because you can't mitigate that back. Mr. Pickler: He indicated that he never realized that the Cavalier and other bars along the strip were creating so much noise. He suggested that if they could get all the other businesses to do what Mr. Nguyen is doing, it would be a positive direction. Mr. Nguyen has been #here for quite some time and iYs difficult to pick up and move but if Redevelopment comes in it will happen. He advised that they are trying to cooperate by keeping someone back there to remind people to keep it quiet, keeping people away from the west wall, aspects with trees. He feels they are trying to keep it so that it doesn't affect the neighbors. Commissioner Boydstun: Asked how they felt about the hours on weeknights? Mr. Pickler: They would like the hours from 9:00 p.m. to 1:00 a.m. Commissioner Boydslun: Stated that the neighbors behind them are still listening to car a(arms and door slamming at 1:30 in the morning. Mr. Pickler: Asked if they could make it to 1:00 and give it a try. Commissioner Boydstun: She was sorry but couldn't do that. Charlene Marsh: Lives at 9862 T~eresa, Anaheim, CA: She stated that one oi the first statements that Mr. Pickler made was that in order to maintain a profitable business Mr. Nguyen had to request these special hours. She advised that Mr. Nguyen has a business that has expanded because of conditional use permits of things that he has repeatedly come to ask the Planning Commission and Ciry Council for. He has an investment of one business; they in the neighborhood surrounding that whole area are looking forward to promises of redevelopment over lhe years. She asked Planning Commission tfl consider the hundreds of homes in that area who have their lifelong investments against one business owner that probably should not have been giver~ the conditional use in that area to begin with. OPP081TION: 6 people spoke in opposition to subject request. ACTION: Determined that the previously-approved Negative Declaration in connection with Conditional Use Permit No. 3269 is not appropriate to serve as the required environmental documentation for this request upon finding that the Negative Declaration reflects the independent judgment of the laad agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and comments received that ;here is substantial evidence that the project will have a significant effect on the environment. Denied the request to amend or delete the condition of approvai pertaining to the hours of operation at an existing public dance hall with sales of aicoholic bev~~~> ges for on-premises consumption. VOTE: 6-0 (Commissioner Esping absent) Seima Mann, Assistant Ciry Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 1 hour and 15 minutes (2:02-3:17) 12-21-98 Page 18 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY•APPROVED~ Approved 5b. CONDITIONAL USE PERMIT NO. 3812 (READVERTISED) Approved reinstatement OWNER: TW Investment and IW Investment Corp., c% Kape Properties, P.O. Box 6474, Beverly Hills, CA 90212 (To expire 10-13-99) AGENT: Kape Property Management, Attn: Allen Weinstock, 9440 Santa Monica Bivd. #305, Beverly Hilis, CA 90210 LOCATION: 1315-D.1321.1325.1331 and 13d1 North Biue Gum Street - Transtar Van Conversion. Property is 9.7 acres located at ihe northwest cornPr of Miraloma Avenue and Blue Gum Street. To consider reinstatement of this permit which currently has a time limitation (originally approved on March 4,1996 to expire an October 13, 1998) to retain a previously-approved automotive van conversion and modification plant in an existing industrial business park. Continued from the Commission meeting of November 9, 1998. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-200 SR7267KB ~. " FOI:LOWING IS A SUMMARY.OF.THE PL:ANNING COMMISSION¢1CTION - ApplicanPs Statement: Steve Rabe: Stated he had read the staff report and was in agreement except for their concern of item no.13 on page 3, which recommends that they remove the sign on the freeway. About a year ago Caltrans came down and blocked half of their building and sign and now all they have is half the sign. They have had the sign there for 15 years and if it is removed it v~ill affect their business. THE PUBLIC HEARING WAS CLOSED. Cheryl Flores, Senior Planner: Advised that they could work with the owner by having them bring pians and photographs back to the Commission as a RepoRs and Ftecommendation item in order to determine what would be appropriate on that wall that is visibie to the freeway. Mr. Rabe: He stated that graffiti is not on the sign and is on tne white wall and nat where the picture is. He said writing is very limited on the sfgn. Cheryl Flores: Advised that they could evaluate it a little further through the Reports and Recommendation item. They could take a look at what it is and decide what the best action would be. OPpOSITION: None ACTIQN: Determined that the previously-approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved reinstatement of Conditional Use Permit No. 3812. Modified Resolution No. PC97-143 adopted in cannection with Conditional Use Permit Na. 3812 as follows: 12-21-98 Page 19 Deleted Condition Nos.16,17,18, and 19. Modified Conditian Nos. 2 and 26 to read as follows: " 2. That ihe van conversion facility be limited to Buildings B, C and D for a total af 47,090 square feet as shown on Revision No. 2 of Exhibit No.1, on file in the Planning Department. All outdoor parking shall be limited to the strrage areas located between Buildings B and C, Buildings C and D, and Buiidings Q and E. These outdoor storage areas shall be screened by chain link fencing with PVC slats. 26. That this use permit shall expire on October 13,1999 ° Added the following condition of approval: 31. That final sign plans for the van conversion facility shall be submiited to the Zoning Division of the Pianning Department for review and approval by the Planning Commission as a Reports and Recommendations item. VOTE: 6-0 (Commissioner Esping absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (3:17-3:21) 12-21-98 Page 20 6a. CEQA NEGATIVE DECLARATdON Continued to 6b. WAIVER OF CODE RE~UIREMENT 1-4-99 6c. CONDi1'IONAL USE PERMIT N0. 4075 OWIdER: Raymond Runo Trust, Norma Hiliman, Dan Neyenhuis, Liilian Runo,1120 Kenwood Place, Fuilerton, CA 92831 AGENT: David Jacksnn,100 S. P,naheim Bivd., #125, Anaheim, CA 92805 LOCA710N: 1575 West Mable Street - Fatrmont Prlvate Schaols. Property is U.89 acre located on the north side of Mable Street, 270 feet east of the centerline of Loara Street. To permit tf~e conversion of an existing 14,775 square foot industrial building into a private elementary and junior high school addition to the existing Fairmont Private School with waiver of minimum number of parking spaces. ~ontinued from the Commission meetings of November 23, and December 7,1998. CONDIl'IONAL USE PERMIT RESOLUTION N0. SR1083JK.DOC • • e • • • OPPOSITION: None ACTION; Continued subject request to the January 4,1999 Planning Commission meeting in order for the appiicant to redesign the proposal. VOTE: 6-0 (Commissioner Esping absent) DISCUSSION TIME: This item was not discussed. 12-21-98 Page 21 7a. CEQA NEGATIVE DECLARATION .(PREVIOUSLY-APPROVED) Continued 7b. WAIVER OF CODE REQUIREMENT 1-4-99 7c. CONDITIONAL USE PERMIT N0. 4080 (READVERTISED) 7d. DETERMINATION OF PUBLIC CONVENIENCE OR MECESSITY N0. 98-09 OWNER: Anaheim Ball Landmark,1536 Stone Canyon Road, Los Angeles, CA 90077 AGENT: Travis Engineering, Attn: Karl Huy,12453 Lewis Street #201, Garden Grove, CA 92840 LOCATION: 1150 South Anaheim Boulevard - former podae deatershin. Property is 1.18 acres located at the norlheast corner of Anaheim Boulevard and Ball Road. To construct a service station and convenience market with retail sales of beer and wine for off-premises consumption and an integrated fast food restaurant with a drive through lane with waivers of (a) permitted types of signs, (b) mfnimum distance between freestanding signs, (c) minimum landscape setback adj~cent to an interior boundary line and (d} minimum nurrber of parking spaces. To determine public convenience or necessity to allow retail sales of beer and wine for off-premises consumption in a proposed service station convenience market. CONDITIONAL USE PERMIT RESOLUTION NO. DETERMINATION OF PUBLIC CONVENIENCE OR MECESSI7Y RESOLUTION N0. SR6922DS.DOC e • o • s c OPPOSITION: None ACTION: Continued subject request to the January 4,1999 Planning Commission meeting in order for the applicant to resolve parcel line issues. VOTE: 6-0 (Commissioner Esping absent) DISCUSSION TIME: This item was not discussed. 12-21-98 Page 22 8a. CEQA NEGATIVE DECLARATION (PREVIOUSLY•APPROVED) Approve Sb. CONDITIONAL USE PERMIT NO. 4083 {READVERTISEO) Granted OWNER: Gilbert - La Palma Properties, 4221 Wilshire Blvd., Suite 410, Los Angeles, CA 90010 AGENT: School Ten, Inc., Wiiliam (Scott) Wise II, 9928 Flower Street, Suite 101, Bellflower, CA 92701 LOCATlON: 1136 North Gilbert Street. Property is S.9 acres located at the northeast corner of La Pa~ma Avenue and Gilbe~t Sfreet. To permit a court-mandated traffic school in the ML (Limited Industrial) zone. CONDITIONAL USE PERMIT RESOLUTlON NO. PC98-201 • • +. • s • • ApplicanPs Statement: Scott Wise: He stated that School Ten, Inc. is the largest "driving under the influence" program in the state of California and he briefly explained how they get their participants and what they do. Their hours of operation are 8:30 a.m. until 10 p.m., (Nonday through Friday, 8:30 a.m. until noon on Saturday. Since the majority of the clients work during the day, most of the activity happens at night behr~een 6 and 10 p.m. The fargest number of employees during the day is no more than 5 and they will not have more than 30 students in the building at one time. They've been in Anaheim 20 years and hope to continue to do so. THE PUBLIC NEARING WAS CLOSED. Chairman Bristol: He wondered whether the people who come to his facility drove there? Scott Wise: Advised that they are not supposed to. Either someone else drives them; they ride bikes, or take the bus. Most of the participants do not have !icenses. Cheryl Fiores: For the record, there is a correction to Condition No. 6 which should state that prior to the commencement of the activity or final building and zoning inspections, Condition Nos. 4 and 7(delete 8), above-mentioned shall be complied with. OPPOSITION: None ACTION: Determined that the previously approved negative deciaration is adequate to serve as the required environmental documentation for subject request. Granted Conditional Use Permit No. 4083. Modified Condition No. 6 to read as follows: 6. That prior to final building and zoning inspections, Condition Nos. 4 and 7, above-mentioned, shall be complied with. 12-21-98 Page 23 VOTE: S-0 (Commissioner Esping absent) Selma Mann, Assis4ant City Altorey, presented the 22-day appeal r(ghts. DISCUSSION TIME: 4 minutes (3:21-3:25) (There was a break following this item.J 12-21-98 Page 24 9b. CONDITIONAL USE PERMIT NOc35 0~~ ~UN (READVERTISED)D, I Approved rein~tatement II OWNER: Jay Richard Cades and Elan J. Cades, 829 Jade Way, (To expire 12-14-01) Anaheim, CA 92805 AGENT: D~versified Chemical Sales, Inc., Attn: Elan Cades, 847 S. East Street, Anaheim, CA 92805 LOCATIOR~: 847 South East Street - DIXCO. Prc,perty is 3.7 acres located on the west side of East Street, 591 feet south of the centerl?ne of South Street, To consider reinstatement of this permit which currently contains a time limitation (originally approved on December 14,1992 to expire on December 14.1998) to retain the outdoor storage of chemicals. CONDITIONAL USE PERNiIT RESOLUTION N0. PC98-202 • e • • • q Applicant's Statement: Elan Cades, owner and General Manager of DIXCO Chemical: She is in ay~eement with the recommendations ir the staff report but is requesting an extension of time to allow time to comply with the added conditions on page 4 and 5. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None ACTION: Determined that the previously approved negative declaration is adequate to seive as the required environmental dncumentation for subject request. Approved reinstatement of Conditional Use Permit No. 3570. Modified Resolution No. PC95-159 adopted in connection with Conditional Use Permit No. 3570 as follows: Amended Condition No.1 to read as follows: "1. That subject petition shall expire on December 14, 2001 unless additional time is granted by the Planning Commission or City Council in connection with a public h~aring " Added the following conditions of appro~al: " 7. That trash storage areas shall be refurbished and tha4 trash enciosure gates shall be installed to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on fiie with said Depa~tment. 8. That the asphait parking area shall be repaired, reslurried, reslriped and maintained. 12-21-9~ Page 25 9. That the existing freestanding sign adjacent to East Street shatl be repaired and mainkained in gaod condition at ail t!mes. 10. That the on-site landscaping and irrigation system adjacent to East 5treet shall be refurbished and maintained in compliance with Ciiy standards. 11. That a plan shall be submitted to the Zoning Division of the Planning Department to provide a screening mechanism to prevent visibility of the chemical drums from East Street when the existing chain-link gate with slats is open. 12. That if the pipe boliard with chain-link located along the south property line adjacent to East Street is within the control of the subject property owner, it shall be removed. 13. That Condition Nos. 7, 9,10,11 and 12, above-mentioned, shall be completed within a period of sixty (60) days from the date of this resolution. 14. That Condition No. 8, above-mentioned, shall be completed within a period of one hundred eighty (180) days from the date of this resolution " VOTE: 6-0 (Gommissioner Esping absent) DISCUSSION TIME: ~ 1 minutes (3:33-3:~i4} Selma Mann, Assistant City Attorney, presented ihe 22-day appeal rights. 12-21-98 Page 26 10b. WAIVER OF CODE REQUIREiNENT ~ ~~ Denied 10c. CONDITIONAL USE PERMlT NO 4082 Denied OWNER: The Home Depot, Attn: Dan Campbell, 3800 W. Chapmar Ave., Orange, CA 92868 LOCATION: 800 North Brookhurst Street - Home Depot Property is 9.45 acres located at the northeast corner of Gramercy Avenue and Brookhurst Street. To construct a 60-foot high freestanding pylon sign with wai~ers of (a) maximum area of signs, (b) permitted location oP freestanding signs, (c) maximum height of freestanding signs and (d) maximum sign width. CaNDITIONAL USE PERMI7 RESOLUTION N0. PC98-203 • • • • s • ApplicanYs Statement: Dane Cardone, Sign Methods, 1749 East 28th Street, proposing will be viewed from the Santa Ana freeway, in the initial development when Home Depot was built. the business. Signal Hill, CA: The pylon sign that Home Depot is it is not out on Brookhurst. This was an oversight It is very important for the visibility and success of THE PUBLIC HEARING WAS CLOSED. Commissioner Koos: Asked the applicant about the Home Depot at Lincoln by Valleyview, which is not near a freeway but is very busy. How would he attribute that kind of successes without being near a freeway? Dane Cardone: This project and the one in Cypress were left without a freestanding sign. Home Depot moved into this area in 1987 and that most of those existing stores have been there. Currently unless someone lives in Anaheim they would not know there was a Home Depot at that location. Commissioner Koos: He is not certain that th?s site will be affected negatively without a sign. Home Cepot is wefl known and successful. Da~e Cardane: They are willing to compromise but feel they do need some exposure on that back area to let the public know they are there. Chairman Bristol: He felt this is a policy issue and Redevelopment has made it clear. Greg Hastings, Zoning Division Manager: This was a matter of discussion since the lnception of this project and that is why they have the condition that on Brookhurst Street that it be no higher than 8 feet. They had no idea that they were looking at installing a pylon sign somewhere else on the property. OPPOSI710N: None ACTION: Determined that the previously-certified EIR 319 is adequate to serve as the required environmental documentation (or subject request. 12-21-98 Page 27 Denied Waiver of Code Requirement as fotlows: Denied waivers {a) maximum area nf signs, (b) permitted location of freestanding signs and (c) maximum he(ght of freestanding signs on the basis that there are no identifiable hardships or special circumstances such as size, shape, topography, location or surroundings which apply to this property as compared to any other identically zoned properties in the viciniry, and that granting these waivers wouid give this property special privileges not enjoyed by other proper~ies under identical zoning classification in the vicinity. Denied waiver (d) maximum sign width on the basis that it was deleted subsequent to the advertisement of this request. Denied Conditional Use Permit No. 4082 based on ihe following: a. That although the proposed freestanding shopping center identification sign is properly one for which a conditional use permit is authorized by the Zoning Code, the Commission and Council have previously determined that a previously-proposed 50-foot high sign would be unattractive for this area, unnecessary for the success of the existing retail home improvement store, and that a freeway-oriented sign would create additional visual clutter in the vicinity. b. That a 60-foot high pylon sign will adversely affect the adjoining land uses and the growth and development of the area with additional sign clutter that would not be aesthetically pleasing. VOTE: 6-0 (Commissioner Esping absent) Selma Mann, Assistant C~ty Attorney, presented the 22-day appeal rights, DISCUSSION TIME: 9 minutes (3:44-3:53) 12-21-98 Page 28 11a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 11b. WAIVER OF CODE REQUIREMENT Approved, in pa~t 11c. CONDITIONAL USE PERMIT NO 3902 (READVERTISED) Approved revised plans OWNER: Victor Koshkerian,1200 South Harbor Blvd., Anaheim, CA 92805 LOCATION: 520 West Ball Road - Chevron Service Station Property is 0.98 acre located at the southeast corner of Ball Road and Harbor Boulevard Request for review and approval of revised plans for a previously- approved drive-through restaurant in conjunction with an existing service station and convenience market with sales of beer and wine for off- premises consumption with waivers of (a) maximum number of freestanding signs, (b) minimum distance between freestanding signs, (c) permitted types of signs, (d) minimum drive-through lane requirements and (e) minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC98-204 I SR7366KB.DOC o • a • • a (Commissioner Williams declared a conllict of interest.] ApplicanPs Statement: Cyrus Jallali, AJ Martin, 43 Corporate Park, Suite 101, Irvine, CA: They are the ~,rchitect representing the applicant. They are requesting a fast food restaurant with a drive-through at the location. Their site plan shows some adjustments that are slightly different from the approved CUP site plan. The original site plan has a 10-foot setback at the south of the property between the back of the drive-through to the adjacent wall to the residential area. At the request of the Planning Department the setback was increased to 20 feet. They complied with this request of the Planning Department and increased the setback to 20 feet. They were left wilh a rectangular site to put a building in for which he submitted a revised site plan for approval. THE PUBLIC HEARING WAS CLOSED. Chairman Bristol: He asked Mr. Jallaii to explain how the customers are going to order fast food from the pumps. Cyrus Jallali: There would be attendants available during the peak hours with headphones and a menu and will go to the customers at the pumps and ask them if they would like to order anything, they will take their order at that time and bring the order to the customers. Victor Koshkerian: This is a new concept. They will have a runner inside that as soon as the order goes in he will bring the order to the customer and they will get paid at that time. Chairman Bristol: Staff is not recommending approval of the server window being on the south side. There is an 8-foot high wall there. He asked why there would be no noise impact to the residents to the south. Mary Campbell, Taco Bell franchisee: She has two other Taco Bells in Anaheim. One has been there for 20 years at State College Blvd. near Lincoln and the other opened 3 years ago at the shopping center on 12-21-98 Page 29 Lincoln and Santiago Canyon Road. The server window has no microphone. The microphone is at the drive-through window where the customer would order. Wheri the car pulis up to the drive-through window the employee bends his head down to take the money. It is conversation right at ihs window to the customer. With the noise coming off of Harbor Blvd. and the freeway, she did not feel the conversation would travel to the other side of the wall. Cyrus Jailali: He distributed a floor plan to Commission which includes where the pickup window will be located, the seating, and the flow of food preparation. Chairman Bristol: Asked staff why they rzquest 20 feet instead of 10 feet? Cheryl Flores, Senior Planner: The original plans approved had a 20-foot landscape setback. Commissioner Boy~stun: If the applicant could move that building back 10 feet then the access would be 10 feet longer and it would make more room for the parking at the end. She felt it would be much better that way. Cheryl Flores, Senior Planner: In looking at an exhibit 1 sfamped February 3, 1997, it showed a 20-foot landscape setback from the south property line. Cyrus Jallali: Staff insisted on 20 feet and they insisted on an 8-foot wall as well. Greg Hastings, Zoning Division P~lanager: One of the issues is a sound issue, when the automobiles with radios on, the further away from the property line the better since sound travels up and over and cnuld impact the residents. Victor Koshkerian: It is the residents garage that is nearest to the window. He spoke with the neighbors and they are in agreement with having a business there. He agreed with Commissioner Boydstun that there is more noise from the bridge on Harbor Blvd. than from anything else. Chairman Bristol: He noticed the curb is already cut with a 20 foot setback and asked Mr. Koshkerian if he would like to have another 5 feet or leave as is? Victor Koshkerian: He prefers to leave as is. Chairman Bristol: He visited the site and noticed the area is noisy and could not see how the window • wuuid affect anyone on that side with a wall in place. OPPOSITION: None ACTION: Determined that the previousiy approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved, in paR, Waiver of Code Requirement as follows: Denied Waivers (a), (b) and (c) on the basis that they were deleted subsequent to the advertisement of this requast. Approved Waivers (d) and (e). Approved revised plans for Conditional Use Permit No. 3902. Modified Resolution No. 97R-21 as follows: Modified Condition Nos. 37, 42, 43 and 44 to read as follows: 12-21-98 Page 30 "37. That revised landscape and irrigation plans for the subject property shall be submitted fo the Zoning Division for refurbishment of the landscaping on-site pr(or to issuance of building permits for the drive-through restaurant. 3aid landscaping and irrigation improvements shall be completed prior to any occupancy permits granted for the drive-through restaurant. 42. That subject property shall be developed substanNally in accordance with plans and specifications submitted to the City of Maheim by the petitioner and which plans are on file with the Pianning Department marked Revision No. 1 of Exhibit Nos.1, 3 and 4, and Exhibit Nos. 2, 5, 6, 7, 8, 9 and 10 as conditioned herein. 43. That final floor and parking lot plans shali be subject to the review and appravai of the Police Department for saf'ety and security considerations. 44. That there shail be no on-street parking permitted on the west side of Palm Street 300 feet south from Ball Road. That the property owner/developer shall reimburse the City of Anaheim the cost of painting the curb (approximately $250.00). VOTE: 5-0 (Commissioner Williams declared a conflict of interest and Commissioner Esping ~bsent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 21 minutes (3:53-4:14) 12-21-98 Page 31 12a. CEQA NEGATIVE 7ECLARATIO(V (PREVIOUSLY-APPROVED) Approved 12b. CONDITIONAL USE PERMIT NO. 3639 (READVERTISED) Approved reinstatement OWNER: Aetna Life Insurance Company, c/o Lincoln Property (To expire 4-30-99) Company, 30 Executive Park, Suite #100, Irvine, CA 92714 AGENT: Dennis Ingram, Grubb & Eilis Company,19191 S. Vermont Ave., Suite ~G00, Torrance, CA 90502 L.OCATION: 385 North Muller Strpet - Praise Mission Church. Prope~ty is 1.66 acres located on the west side of M;~i!e~ ~treet,1,310 feet north of the centerline of Lincoln Avenue. To consider reinstatement of this permit which currentiy contains a time limitation (origina!ly approved on October 18,1993 to expire on October ~, 18,1990) to retain a church in the ML (Limited Industrial) zone. CONDITIONAL USE PERMIT RESOLU'fION N0. PC98-205 ~ - FOLLOWINGIS A.SUMMARY OF.TNE PLANNING COMMISSION ACTION. (This item was not discussed.] OPPOSITION: None ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved reinstatement of Conditional Use Permit No. 3639. Modifiad Resolution No. PC93-1 ~13 adopted in connection with Conditional Use Permit No. 3639 as follows: Amended Condition No. 6 to read as follows: "6. That the subject use permit shall terminate on April 30,1999:' VOTE: 6-0 (Commissioner Esping absent} Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 1 minute (4:14-4:15) 12-21-SS Page 32 13a. CEQA N~GATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 13b. CONDiTIONAL USE PE~MIT NO: 3183 (READVERTISED) Approved amendment to conditions of OWNER: Raymond Associat~s, 811 W. 7th Street, Suite 310, Los approval Angeles, CA 9001'/ AGENT: Orange County Council, Boy Scouts of America, Attn: Craig Reide, 3590 Harbor Gateway North, Ccsta Mssa, CA 92626 LOCATION: 1501 North Ravmond Avenue. Suite O- Boy Scouts of America. Property is 3.52 acres located at the northwest corner of Orangefair Lane and Raymond Avenue. To amend or delete a condition of approval pertaining to the previously- approved sales businesses and office uses in an existing industrial complex to permit and retain 2 commercial Boy Scout supply shop. CONDITIONAL USE PERMIT RESOLUTION NQ. PC98-206 SR6921D5 DOC • • o • • • ApplicanYs Statement: Craig Reide, Director of Administration for the Orange County Council Boy Scouts of America, 3690 Harbor Gateway North, Costa Mesa, CA: They are requesting a change in the designation of what businesses can be at this location. The purpose is to make a convenient location for members of the Bny Scouts of America, the adult leaders and their youth members to buy supplies so they do not have to travel to Costa Mesa. They also have another location in south County. At the time they leased this store they did not reaiize that there was a use designated for that location, therefore they are asking to be ailowed to continue to serve their membership in that area. On page 5, item 24(b) of the staff report, they asked for a clarification on the window signage and asked that their logo be allowed to remain. Cheryl Flores, Senior Planner: The logo that is up on the wall where it says Scout Shop is not the same logo that staff if referring to. They were referring to a fittle small sign on the turquoise area of the building. (She then showed the applicant the logo in a photograph.] Craig Reide: They can remove that logo. OPPOSITION: None ACTION: Determined that the previously approved negative declaration is adequate to serve as the required environmental documentation for subject request. Approved amendment to the conditions of approval of Resolution No. 89R-332 adopted in connection with Conditional Use Permit No. 3183 as follows: Amended Condition No.18 to read as follows: 12-21-98 Page 33 "18. That retail sales businesses shall be limited to the following uses and shall be confined to "Buiiding No.19" as identified on the herein described plan and specifications: 1. Dry Cleaners 2. Hair Salon/Barber Shops, and Related Supplies 3. Lock and Key Companies 4. Office Supplies 5. Post Office ~nd Mail Services 6. Print Shops/Photocopy Services 7. Travel Agents 8. Boys and Girls Non-Profit Youth Organization Supply 5tore 9. Any use permitted pursuant to Zoning code Section 18.61.020 and subject to all conditions of said section Added the following new conditions: "24. That Boys and Giris Non-Profit Youth Organization Supply Store businesses shall be subject to the following requirements: (a) That no outdoor Speciai Event Permits shall be permitted. (b) That no window signs shail be permitted. 25. That the existing logo shall be removad from the wali of Suite "0" within thirty (30) days " dOTE: 6-0 (Commissioner Esping absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 3 minutes (4:16-4:19) 12-21-98 Page 34 14a. CEQA EXEMPTION 15061 NOJbI (31 Approve 14b. CONDITIOhAL USE PERMIT NO. 4085 (READVERTIS~D) Granted OWNER: Donahue Schriber Realty Group, 2781 W. MacArthur Blvd. #G3, Santa Ana, CA 92704 AGENT: Stan Sewell, 2350 W. Lincoln Ave„ Anaheim, CA 92801 LOCATION: 2350 West Lincoln Avenue - Lamnpost Pizza. Property is 4.77 acres located at the southeast corner of Gilbert Street and Lincoln Avenue, To permit an amusement device arcade for up to 10 amusement devices within an existing restaurant with previously-approved sales of beer and wine for on-premises consumption. CONDITIONAL USE PERMIT RESOLUTION N0. PC98-207 • • • • • • ApplicanYs Statement: Stan Sewell, owner of the Lamppost Pizza, 2350 W. Lincoln Ave., Anaheim, CA: He is requesting a conditional use permit to allow up to up to 10 video arcade games at the pizza parlor. He had a question on three of the following conditions: 1. Condition No. 7- hours of operatio~s - He did not want to be restricted to a 10:00 p.m. closing. 2. Condition No. 8- Window signage prohibited. He did not understand why having an additional 6 video games would change the code regarding window signage. 3. Condition No. 4-All signs adve~tising alcoholic beverage sales be removed from the windows. He is assuming they are the neon signs on ths window of a piua parlor. He has one that says "Coors Lite" with an open sign underneath it. He also has another one that says television spo~ts. Thf::;a tend to draw attention to someone driving down the street. It is not imperative that they ha~~c~ them but simply did not understand why they would need to be removed. THE PUBL+C HEARING WAS CLOSED. Commissioner Boydstun: She explained that the Police Department, for security reasons, requests that the windows be clear of signage so they can look in when they drive by. Stan 5ewell: There are two corner windows that surround the back of lhe large screen N, he would like to keep with signage. He agrees, according to the photograph, it has too much signage and agreed to move it. Asked what percentage of window space is he allowed to have? Commissioner Boydstun: The Police Department wants to be able to see inside. St2n Sewell: He has been there for 11 years and has never had any problems. It is a family type of business. Commission further discussed the specific signage locations with the applicant. Commissioner Bostwick: Asked staff whether they were concerned with the alcoholic beverage signage in particular or was it the overall excessive signaqe? 12-21-98 Page 35 7... . ... . .... .:. . . .. i,` - . ~ . . . ~ . Greg Hastings, Zoning Division Manager: It was a combination of both but in particular the Police Department usually requosts that if there is alcohol sales that it not be visible from the exterior. Wh~n tFiere is a mixture of uses and age types then they want to be able to see into the buslness as well as not having the advertisement for the alcohol. Commissioner Bostwick: He did not have a problem with tt~e neon signage. If he can bring the window signage into conformance wi'rh the code and uses the two corner windows and removes the rest of it then it will be a maJor improvement of the signage. OPPOSITION: None ACTION: Concurred with staff that the proposed project falls within the definition of Categorical Exemptions, Class 15061, as defined iri the State EIR Guidelines and is, therefore, categoricall~ exempt from the requirements to prepare an EIR. Granted Conditia~ral Use Permit No. 4085 with the following changes to conditions: Deleted Condition No. 4. Modified Condition No. 7 to read as follows: 7. That the hours of operation shall be limited to Sunday through Thursday 11:00 a.m. to 11:00 p.m. and Friday and Saturday 11:00 a,m, to 12:00 a.m. (midnight) as stipulated by the petitioner. Modified Condition No. 8 to read as fallows: 8. That within thirty (30) days frnm the date of this resolution, painied-on window signage shall be removed, except for window signage on the corner window that surrounds the back of the large screen television set which must comply with code requirements for temporary window signs. VCTE: 6-0 (Commissioner Esping abssnt) Selma Mann, Assistant Cily Atturney, presented the 22-day appeal rights. DISCUSStON TIME: 4 minutes (4:2Q-4:26) 12-21-98 P.~gs 36 bDJOURNED AT 4:3U P.M. TO MONDAY, JANUARY 4,19~9 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEVII. Submitted by: O .n•a~~ Ossie Edmundson Senior Secretary ~,~~~c,~~ ~~aix.~u.~J Simonne Fannin Senior Office Specialist 12-21-98 Page 37