Minutes-PC 1994/11/30
.r'.' 7
ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION
1rYEDNESDAY, NOVEMBER 30, 1994
10: A.M. -PRESENTATION OF VARIOUS CAPITAL IMPROVEMENT PROJECTS BY THE
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, COMMUNITY
DEVELOPMENT DEPARTMENT AND THE PUBLIC WORKS ENGINEERING
DEPARTMENT WILL IMMEDIATELY FOLLOW
- PRELIMINARY PLAN REVIEW
(NO PUBLIC TESTIMONY ACCEPTED)
1:30 P.M. -PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY-
COMMISSIONF3iS ABSE<`R: NONE
STAFF PRESENT:
Greg Hastings Zoning Division Manager
Selma Mann Q ~~.y City Attorney
Jonathan Borrego Senio: Planner
Melanie Adams Associate Civil Engineer
Greg McCafferty Associate Planner
~' Bruce Freeman Code Enforcement Supervisor
Allred Yelda Principal'tranaportatian Planner
Edith Harris Planning Commission Support Supervisor
Margarita Solono Sr. Word Processing Operator
PAOCEDURE TO DfPEDT1E PLANNING COMMISSION PUBLIC HEARINGS
t. The proponents in appllrationa which are not contested will have five minutes to present their evidence. Additional
time will be granted upon request if, In the opinion of the Commission, su,:h additional Ume will produce evidence
important to the Commission's consideration.
2. In contested applications, the proponents and opponent will each be given ten minutes to present ineir case unless
additional time is requested end the complexity of the matter warrants. The Commission's rnnsideratfons are not
determined by the length of time a participant speaks, but rather by what ~s sold.
3. Staff Reports are part of the evidence deemed received by the Commission fn each hearing. Copies are available to
the public prior to the meeting.
4. The Commission will withhold questions until the public hearing is closed.
5. The Commission reserves the right to dev(ate Irom the foregoing g, In Its opinion, the ends of fairness to
all concerned will be served.
6. All documents presented to the Planning Commission for review in connection with any hearing,
Including photographs or other axeptable visual representations or non~doeumentary evidence, shall be
retained by the Commission for the public record end shall be available for public Inspections.
7, At the end of the scheduled hearings, members of the public will be allowed to speak on items of
Interest which are within the )urisdictlon of the Planning Commission, and/or agenda items. Each
speaker will be allotted a maximum of five (5) minutes to speak.
AC1131)<J4.WP
1a. CEQA NEGATIVE DECLA4iATI0N
1b. RECLASSIFICATION N0.9495-04
ic. WAIVER OF CODE REQUIREMENT
1d. ,CONDITIONAL USE PERMIT N0.3710
OWNER: TEXACO REFINING & MARKETING, INC., Attn: Doug
Elston, P.O. Box 7812, Universal City, CA 91608-7812
AGENT: FRED FIEDLER & ASSOCIATES, Attn: Patrick Fiedler,
2322 W. 3rd. St., Los Angeles, CA 90057
LOCATION: 3080 E. Ls Palma Avenue (Texaco Service
t tin .Property is approximately 0.76 acre located
at the southwest comer of La Palma Avenue and
Kraemer Boulevard.
To reclassify subject property from the HS•A-43,000
(Residential/Agricultural) Zone to the ML (Limited Industrial) Zone.
To permit an automotNe service station with an accessory
automated car wash, a convenience market, drNe-through restaurant
(no seating proposed) and beer and wine sales for off-premise
consumption wfth waNer of minimum landscape requirements,
permitted location of freestanding signs, minimum distance between
freestanding signs, minimum number of parking spaces and
minimum drNe through lane requirements.
,-
Continued from the August 22, September 7, October 31, and
November 14, 1994 Planning Commission meetings.
Approved
Granted, uncond(tionally
Denied
Granted, in part
RECLASSIFICATION RESOlUT10N N0. PC94155
CONDITIONAL USE PERMIT RESOLUTION N0. PC94155
FOLLOWING I;x A SUMMARY OF THE PLANNING COMMISSION ACTION.
IN FAVOR: 1 person spoke in favor/applicant submitted a petition wfth 570 signatures in favor of
subject proposal
OPPOSITION: None
Comrnlssioner Tak declared a Conflict of Interest. Statement available in Planning Department files.
Patrick Fiedler, agent and project engineer, made the following comments:
a) The final site plan has been presented at this meeting;
b) This service station site has been providing auto care and maintenance at this location since
the sfxtles;
c) Since that time the needs of the customers have changed and those changes Include the
convenience items;
d) Customers expect to find quality food items at these convenience stores; and previously they
11/30/94
Page 2
e) expected pre-packaged sandwiches, etc.
This project involves the complete demolition of the existing service station and removal of the
f) underground storage tanks.
The new facility will continue to provide gasoline sales with fueling positions to accommodate
18 customers wrih credri card readers and video monriors built into them.
g) In addrilon to the typical convenience items, they will have two fast food tenants where the
customers can purchase food inside the store or through the drive-thru window.
h) Ths entire site will be brought up to current criy standards.
i)
j) All waivers have been eliminated.
Mei Roberts, was by the site and had a concern regarding the monument sign.
The dealer
,
The plans show a low monument sign approximately eight foot in height and Mr. Roberts has
asked to retain the existing sign for two main reasons. 1) it provides freeway visibility for the
k) station, and 2) visibility to customers on the street.
People purchase gasoline primarily on the basis of the price and that information is what they
need to make visible in enough time for them to make the decision to pull Into the facilty.
I) Customers travelling on Kraemer won't have much time to see the price of gas, make the
m) decision and pull Into the facility.
Having the price sign at a feet above grade, the way ri is today, customers would be able to
read the price signs, make the decision and make a safe approach Into the facility.
Steven Jamison, attorney for Texaco Corporation and Mel Roberts, the applicant.
-
- reviewed the sufficiency and legality of the beer and wine sales
they have tried to comply wfth the requirements of the City in order to obtain the permission to
- sell beer and wine
reviewed the City Code, reviewed the project with Planning staff, went to the Police
Department, and reviewed all the Conditional Use Permri logs of the City and the background
- of the City in granting permris at similar locations.
He was involved in a beer and wine application in a sriuation like this which was actually
- approved in 1989.
this particular location meets all of the stringent requirements of the Criy. Unlike any other
location which he has seen come before the Commission thus far, this is in an Industrial area,
churches, schools, etc. Therefore, this
of residential areas
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'
,
erms
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ems
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and doesn
use would not cause any detriment to the surrounding uses.
- one of the findings required is that ri would provide a benefit to the people in that particular
community and they had the opportunity to circulate a number of petitions prior to the
meeting today. The petrilons were submitted to be made a part of the record . The petrilons
were signed by customers who were frequenting this gas station. There are approximately
570 signatures in support. They tried to get as many people as possible to sign ri who were
actual reskents of Anaheim and/or people who worked in Anaheim, whether or not Whey were
residents of Anaheim and approximately frity percent show an address i~ Anaheim and he
believed the other frfty percent are people who work In Anaheim.
- they met with the Poice Department and went over those proposed conditions with
Investigator Gandy, Sgt. Walker, and Lt. Zane. Ultimately they were able to come to a
f those conditions and he thought the Commission had been apprised
h
o
compromise on eac
- of that compromise.
for purposes of the public record, of the 14 conditions that the police originally requested, the
applicant Is willing to agree to all of those conditions wfth a minor modification on two of
them. 1) regarding the hours of operation, the Police Department Is now indicating they are
willing to accept a condrilon that the closing time will be 11 P.M. during the week and 1 a.m.
on the weekends; and 2) regarding refrigeration, the Police Department is willing to
would be satisfied wfth the condrilon reflecting that they would
e and the
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y
ang
recommend a c
be able to have refrigerated beer and wine. He pointed out that this fs not a liquor store, and
the main business is not selling beer and wine; however the sale of beer and wine is very
important to the economic viability of this location.
11/30/94
Page 3
- the applicant is willing to comply with all of the other conditions that are listed in the staff
report.
- the findings that are necessary for this Commission to grant this application are shown as A
thru E of the staff report and each one of those findings can be made in this application. a)
the proposed use is properly one for which a condftional use permit is authorized, b) the
proposed use will not adversely affect any adjoining land uses, growth and development, c)
the size and shape of the site is adequate to allow the full development; d) the traffic
generated by the proposed use will not impose an undue burden upon the streets and the
Traffic Engineer worked closely with the applicant and they have determined that it will not be
a problem; e) the granting of the condftlonal use permit under the conditions Imposed will not
be detrimental to the peace, health, safety and general welfare of the Citizens of the City of
Anaheim
- this is a very responsible retailer, and they have been operating in this location as a gas
station for approximately 14 years;
- the manager onsite has been at this location for almost thirteen years.
- the petitions submitted to the Commission provide a factual flrHiing that, Indeed, the
surcounding citizens would welcome this addition to that particular intersection.
Gil Flcke, representing Roberts Texaco at 3080 E. La Palma Avenue.
1, has been a resident of Anaheim, and around Anaheim ail his iHe, and has worked for this
company for 17 years. It is his responsibility to oversee the operation of their gas sk..tions and
that is what he does on a dally basis and he plans to oversee this operation.
2. regarding the "fast food tenant", they are the franchisee for the fast food as well the gas
station. It's not two Independent businesses, but Is ail one bus!ness under one umbrella which
they will operate and manage.
3. ft's a family operation. Hls brother is the manager there and has been for years and they
operate the business in a upright manner and very appropriately for the City of Anaheim.
,'` 4. would like to remain at this location and would like to see this project go forward. This Is the
' next generation of service stations and they would like to have the first one in the City of
Anaheim.
Bruce Logan, operates a business in Anaheim and has been in Anaheim for about four and a half years.
It nas been his pleasure to deal wfth Robert's Texaco and he has found on all the occasions the staff to
be very friendly and the property to be well maintained. He wns pleased to learn about the
Improvements to their business. it would enable him to purch use whatever other ftams he might need
on the way home, in addition to purchasing gasoline products
THE PUBLIC HEARING WAS CLOSED.
Commissioner Peraza asked why k would be very Important to the business to have refrigerated beer
and wine. His concem Is that somebody will purchase fast food and then purchase beer and drink the
beer with the food while driving down the street.
Mr. Ficke responded when a person goes to me market to get something to bring home to have for
dinner, generally they go to the refrigerated section for beer wine or soda. Even though they are not
intending to drink it In the car, when they get home they do not want to have to waft 2 or 3 hours for
that beer or soda to cool enough for them to enjoy ft with whatever meal they are having. If they can't
purchase it chilled, then they are not going to buy h. Having the beer and wine sales is going to be
Important to their economic viability, and they need to have it refrigerated.
To address the concem of having somebody open a can of beer while driving, he felt the condftlons that
the Police Department has proposed and which they will agree to, should reduce the possible problem.
There is a proposed condftion that nothing less than a six pack vi beer and a four pack of wine/wine
® coolers will be sold and that there will also be signs at the cooler and at the cash register with that
11/30/94
Page 4
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• x
information.
Finally, there are a number of studies regarding this Issue, and there Is nothing in the studies to indicate
that anyone who stops for gas and picks up a sbc pack of beer at the convenience store which is
attached to the gas station, is any more likely to open a can of beer while they are driving than someone
who actually goes to Alpha Beta, etc.
Commissioner Peraza stated h is the convenience of stopping and then opening the can which
concerned him.
Commissioner Henninger asked it it is possible to place a time Iimft on one aspect of a conditional use
permit -for instance, on the alcohd sales.
Selma Mann, Deputy City Attorney, responded that she has not actuaily considered that issue before. In
the past we have always put a time Iimft on the entire conditional use permR rather than Just on one
aspect of h.
Mr. Jamison stated he would like the Commission to also consider that this particular applicant is talking
about putting about $1.5 million Into the renovation of this she and that is the reason it is necessary to
get all of these particular uses approved.
Commissloner Messe reminded the applicant that the Commission does not consider financial
circumstances, and are here to consider a land use Issue. He dkl not think the Commission needs to
know the amount of money invdved.
Mr. Jamison said he understood that, and his reference was with regard to the time limitation, and not
just the land use, and he thought that was Important for Commission to consider.
Commissioner Messe said testimony has been heard that the Police Department says that with these
conditions, they are not opposing the proposal, and asked to hear from them directly.
Sgt. Walker, Vice Detail, Anaheim Police Department, stated the Poice Department alv,~ays has great
concerns when gasoline and alcohol sales are mixed. There Is a likelihood that someone will possibly
drink while drhring home. They have worked hard to decrease D.U.I. arrests and o~llisions. However,
they have provkled a two page memorandum which has some conditions propos.:S If this is approved
and they are allowed to sell alcohol at this location. He added they would be able to INe wfth the
conditions provided this moml,~g.
Chairwoman Boydstun asked if the location of this business had anything to do wfth their feeling that
they could live with h with these added conditions.
Sgt. Walker stated there really Isn't another convenience store that would sell alcohol in that area except
at Kraemer and Orangethorpe. The other one would be in the City of Orange near Glassell, and there is
one at La Palma and Sunkist, so there are not too many ABC licensed locations in this area.
Commissioner Caldwell asked H the Police Department, for the most part, is in agreement that this use Is
not going to be a detriment to the City. He thought the first comments were that they are not
particularly happy wkh this mix, and asked Sgt. Walker to summarize the Police Department position
about this particular applicatfcn?
Sgt. Walker stetxl if they do sell alcohol at this location, the Police Department does not feel h would be
a detriment fn that particular area.
Page 5
11/30/94
Comrr,.`ssloner Messe mentioned alcohol and driving again and stated in the past the Commission has
f,r1 tried to keep beer and wine sales away from gas stations. Another reason there isn't another place
nearby where beer and wine is sold is that we have tried to keep ft away from the industrial area where
people could grab a six pack for lunch and go back to their lathe and hurt themselves. He thought the
Intent in the past was always to keep beer and wine sales away from the industrial areas of Anaheim.
Mr. Ficke responded this particular industrial area does not appear to lend itself to a problem and has
Tight Industry. A number of buildings appear to be of qufte substantial size. There Is a large area
surcounding this location that ft can service wfthout becoming any kind of a problem in terms of
providing a substantial amount of alcohol.
It is also Important to conskier that there is only a small percentage of shelf space that is actually
dedicated to the sale of alcohol. Again, ft's not ;liquor store; ft is a market and ft does have fast food; ft
is a new concept that should be very Interesting, ff it is very well run.
Commissioner Henninger agreed that this is a new concept or mix of activity on this one site. He was
undecided because of the possible on-site consumption when ft was warm beer and wine, but now that
it will be refrigerated, he is not comfortable with this proposal at all. If there was some way to impose a
time Ilmi! on that aspect of the operation, he might be willing to experiment with this new concept.
Commissioner Messe suggested changing the condtions to prohibit refrigerated boor and wine.
Mr. Jamison stated they have worked hard and long and very closely wfth the Police Department
specifically on that proposed condftion. All of the other conttions proposed by the Cfty and the
conditions that would be required by the ABC are all things that the applicant can INe wfth, but he did
not believe the applicant could live wfth the proposed condftion that ft not be refrigerated. He thought
Imposing such a condftion having to do with refrigeration tself would not be something that would he a
~' valid exercise of the Commission.
Commissioner Henninger disagreed and stated he thought ff the Commission wanted to do that, they
certainly could. They would Justfty ft on the grounds that ft Is an off-sale license and that is a way of
discouraging the on-sale use and there is certainly a clear danger of that because they are selling hot
and cold lunches (subway and pizza), and there is certainly a reasonable relationship.
Mr. Jamison pointed out that there are no tables or chairs at that location.
Commissioner Henninger responded that there are people with cars and they do have a place to sit In
their cars, and we all know that people do eat their lunch in their cars in a lot of places in the CftY.
Mr. Jamison stated that would also be in violation of the ABC license and that would cause the ABC to
take some action. This is not an on-sale license, and ft is only an off-sale license. '
Commissioner Henninger stated he thought Mr. Jamison's point was that the Commission couldn't do
that because ft was outside their authorty and he disagreed because ft bore a reasonable relationship to ~
a reasonable concern that Commission had. He believed those are reasonable applications to
reasonable concerns that are wfthin the Commission's authority. i
Mr. Jamison said he appreciated that and he did not wish to debate the Iegalfties. The opinion he
expressed is something that he believes in. They have worked long and hard to meet all the conditions ~
and concems of the Commission, notwithstanding the Iegalfties of one thing or another, and are trying to
do what is practical. He thought they had been very successful in meeting all of the necessary ,
conditions.
Page 6
11/30/94
Chairwoman Boydstun asked his opinion if the Commisslon imposed a time limit on this since k a new
concept, just to try ft and see how ft works. If ft doesn't work, then they Just don't reissue the pemSit7
Commissioner Caldwell asked what constituted "not working"?
Commissioner Henninger stated Commission might be able to put a time Iimft on the just the beor and
wine aspect of the operation.
Commissioner Masse asked what v:ould be the measurement to determine whether ft is working or not
at the end of a one or hvo year period.
Commissioner Henninger stated that Commisslon would have the Pollee Department report if there were
many Instances of people sitting there and having their lunch and beer on she, or perhaps going a short
distance and parking on some local street to have their lunch and beer, which would clearly be outside
the bounds of this condftionai use permit.
Commissioner Mayer asked the economic viability of having the beer and wine shelved if the whole Idea
Is that they are going to take ft with them, because by the time they get to where they are going, it is not
going to be that chiliad anyway.
Mr. Jamison responded although the beer and wine constitutes a small percentage of the shelf space, ft
does constftuto approximately 25 to 30 percent of the actual profit of the location. It has a high profit
potential. It is important to have the beer and wire refrigerated for the same reason that it (s important
to have the sodas and lemonade refrigerated, and that is, that when people get horns, they want to be
able to drink those beverages wfth whatevar meal they are going to have. Beverages that are not
refrigerated generally take a couple of hours to get to a good temperature sa that they are good to
drink.
Commissioner Masse asked about the two franchises that were going to be part of this station.
Mr. F(cke stated the two franchises they are dealing with are Subway and Tacc Bell and they would be
signing franchise agreements wfth those businesses directly; and that there would not be a third
operator. They would hire the employees, manage the employees and handle all the operations and
deal directly with Subway and Taco Bell.
Commissioner Masse asked how many cashiers would be on the premises and Mr. Ficke responded
there would be 2 or 3 on duty at the front counter. He explained all the cashiering will be done at one
pay point. The customers would order their food from the fast food franchises, they would recetoe their
food, then go to the cashier and pay for the fast food and whatever else they were purchasing, including
beer and wine.
Selma Mann referenced the question regarding a time limftation on one aspect of a cordftional use
permft, separating just the beer and wine sales. She stated after discussion wfth Coda Enforcement and
Planning, she thought a condition could be framed that with regard to the chilled beer and wine for the
size containers that are proposed, satisfactory to the Police Department, that aspect could continue for a
period of two years. The applicant would have to return following a pedod of two years and
demonstrate to the Commisslon that ft had not been a problem to the community and surrounding area.
The Commisslon could have a report from Code Enforcement at that time, wfth the caveat that ft would
be a very difficult issub to enforce or to have a report that could really pinpoint the source of any
problems in the surcounding area.
Commissioner Henninger expressed concern that it would be easy for employees to sell single cans or
boGles. There Is just the cashier and ft could happen and even though there is a sign there, people will
Page 7
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i
~~
oin to be a fair amount of work for the o orators to impose
attempt to buy singles. It is probably g g P
selling only six packs or four packs, and to make sure that people do not park and consume this onste. i
He felt there Is a need to have some leverage to encourage the operators to do that work.
Commissioner Masse said that this is the closest he has ever come to voting yes for beer and wine in a
gas station. He felt that he could vote yes ff that beer and wine was not cold. He thought allowing '
chiliad beer and wines gives a message that "hey, ft's okay to go ahead and park someplace and have
your beer and wine and then go back to your printing press, lathe, etc. or to go out on the freeway". He
did not think those two businesses mix.
Commissioner Caldwell stated that it certainly is uncomfortable to have beer and wine sales In
conjunction wfth gasoline sales and then to have food. He did not know how many Subways or Taco
Bells sell beer and wine, but he did not think too many. He respected the applicant's posffion to be able
to make this business as profitable as he possibly can, but that is not the Commission's Issue. He felt
that we will put more drinkers in their vehicles on the road because of this station, particularly ff the beer
and wine is chiliad. He was not so sure ff it wasn't chilled, but was certain that actually having a test
would show that k will. He agreed with Commissioner Masse and possibly Commissioner Henninger
and that he would not be able to vote In favor of this ff there is going to be chilled alcohol onsfte.
Commissioner Mayer stated as a consumer, she would certainly appreciate the convenience of being
able to drop In and fill up her car with gas and grab a bottle of wine, but h doesn't make a difference
whether h is chilled or not. It would be the convenience. She is not comfortable wfth selling chilled
beer and she agreed that people are going to find a way to purchase singles, especially at lunch time. If
they are going to buy chilled beer at lunch t!me, it's certainly not going to be cold when they get home
at night.
Mel Roberts, applicant, stated he checked wfth his lawyer and was told that ff they sell a single can of
beer or wine, they would be in a lot of trouble, specifically, he would be legally liable for ff. He assured
' the Commission that there will never be a single sold at this location. Addressing the cold beer, they do
have a beer license at their location in Long Beach and do sell cold beer and wine and have not had
any of the problems being discussed.
Chairwoman Boydstun asked what type of neighborhood their Long Beach store is in, and Mr. Roberts
responded that they specialize in industrial area locations.
Commissioner Mayer asked ff the Long Beach station is close to the freeway, and Mr. Rouerts
responded h was about a quarter mile, maybe twice the d(stance of this she at Kraemer and La Palma.
Commissioner Masse Indicated maybe he was just not aware of any problems that station may have
created.
Mr. Roberts responded that he was sure they would have made him aware of k, ff there was a problem.
Commissioner Caldwell asked ff there was an accident, could the alcohol purchase be traced back to
the shop.
Mr. Roberts said ff there was any possible way to do it, they would, but he did not believe that
happened.
Commissioner Caldwell stated he thought his experience in Iffe has something to do wfth his opinion, but
thought for sure that ff you sell cold beer in there with food, you are going to have people drinking beer
in their cars. He added that he is just worcied about the safety of the city.
Page 8
11/30/94
Mr. Jamison said in many cftles, and he was not sure about the City of Anaheim, but that ff there is an
alcohoi•related problem or an arrest that is alcohol-related, generally the police ask where it came from.
If they arrest someone that Is under age, or they arrest someone on a D.U.I., they generally ask where
the alcohol came from and where they had the last drink. The Police Department does keep the crime
statistics which would show that they are in a very low crime area. He thought the crime rate was 74,
whereas the city average was 121. Thosa statistics will be kept so that they know where the problems
are occurring.
For this particular location, this is not somebody new coming into the city and saying they will do a
good job. This gentlemen has been running this operation for the last fourteen years and the manager
has been there for almost thirteen years. So there is a good deal of history here. It hasn't been a
problem for the City before, so there is every reason to believe that this location and this particular
applicant will do everything that is necessary to comply with all these conditions. They are known by
certain members of the Police Department and that they have been good, responsible retailers. They
will comply with those conditions. They worked long and hard with the Police Department on the
refrigeration condition and it is not easy to get the Police Department to compromise on any of their
proposed conditions. He thought they have shown them that they will comply with those conditions.
Commissloner Henninger moved to approve a CEOA NegatNe Declaration. Motion was seconded and
carried. (Findings in Paragraph No. 17 of the staff report.)
Commissioner Henninger offered Resolution Number PC94-155 approving Reclassfffcation No. 94-95-04
to reclassify subject property from the RS•A-43,000 (Residential/Agricultural) Zone to the ML (Limited
Industrial) Zono.
Resolution passed wfth 6 yes votes
Commissioner Henninger asked about the signs. It was noted the monument sign was deleted; and the
existing pole sign Is to remain where h now is as it was recently moved to accommodate the street
widening at that intersection. The waNers have been deleted and no action is necessary.
Commissioner Henninger offered Resolution No. PC94-156 approving Conditional Use Permit No. 3710
wfth the additional conditions proposed by the Police Department and with the sale of refrigerated
alcohol and beverages being pennitted for a period of two years (to expire 11 /30/96); and then at the
end of two years, it can be reviewed to see ff it worked out satisfactorily, and then an extension of time
considered.
Commissloner Messe asked how the Police Department would check on this location and then give the
Commission a report at the end of two years.
Sgt. Walker said that is something that would be difficult to monitor and they do not have the personnel
to put out there. The only way they would be able to find out would be to actually drive by and see
someone drinking alcohol in the lot, or if someone was involved in a traffic collision and stated they
purchased the beer or wine at that location.
Commissioner Henninger stated that people can buy alcohol anywhere and once they get on the street
they can do anything they want with h. He was concerned that the conditions are followed; that the
quantities are sold in sixes and fours and not singles; and that there is not a real problem wfth people
either consuming the alcohol onslte or moving immediately offsfta. He thought those things would be
fairly easy to determine and that Code Enforcement and Vice could do that fairly easily. Once people
get some distance from this gas station, they are going to get alcohol there or somewhere else.
Commissloner Caldwell asked for Code Enforcement input.
~! Page 9
11/30/94
Bruce Freeman stated that Code Enforcement could periodically make inspections from the parking lot, f,
or along the property offsffe, to basically monitor the location and document ff we do sea any alcoholic
beverages being consumed in the parking lot and then report back to the Commission. His only
concern Is Ilke the Police Department that when they do have to do that, ff pulls their resources from
someplace else. However, ff is possible to make a monthly spot check of the establishment once ft is in
operation and then report back in two years.
Chairwoman Boydstun asked ff we normally charge the company when we have a reason to send Code
Enforcement out regularly.
Bruce Freeman responded that the re-inspection fee Is currently $56.00 per inspection and they do that
on several operations to ensure that the condRions stipulated in the Conditional Use Permff are being
followed.
Commissioner Henninger said that this is a maJor intersection ar~d ontry Into the industrial area and
asked ff we have Code Enforcement people there on some kind of once a month basisi
Mr. Freeman said there is an offfcer assigned to that area geographically and ft would not be any more
of an imposition to go to that location, ff would be in the course of dally activity as we have done in the
past. They would be directed to go, not on a particular day, but Just once a month or once a quarter,
whichever the Commission stipulates.
Commissioner Henninger suggested that the officer might want to have lunch there. He left the
condition as proposed adding he did not see that ff would be a great expense to do the sort of
inspection he had in mind. He thought periodically If we have a person up there, they probably drive by
this gas station every day, and ff they stop by once a month for the next couple of years, or once every
couple of months, they will know ff there is a problem or not.
The resolution failed to carry with four NO votes. Commissioners Mayer, Messe, Caldwell and Peraza
voted N0.
Commissioner Messe said he would be willing to offer that same resolution with a change in the Police
Department's condfflon (No. 14,) which would change to read "no refrigerated alcoholic bevemges" .
ACTION: Approved Negative Declaration
Granted Reclassfflcatlon No. 94-95.04
Denied Waiver of Code Requirement on the basis that all the waivers were deleted following
public notification.
Granted, in part, Conditional Use Pennit No. 3710 wkh the following added conditions:
That no alcohol shall be sold, furnished, or delivered via adrive-up window.
Sales of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 11:00
p.m. on weekdays and from 9:00 a.m. unt(I 1:00 a.rn. on weekends.
That the quarterly gross sales of alcoholic beverages shall not exceed 1096 the gross sales of
food or other commodkies during the same period.
That there shall be no exterior advertising of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages.
That no alcoholic beverages shall be consumed on any property adjacent to the licensed
Page 10
11/30/94
i
premises under the contrd of the licensee. ''
That the parking lot of the premises shall be equipped wfth Iighting of sufflcient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about
the parking lot.
That the Iighting in the parking area of the premises shall be directed, positioned and shielded
in such a ma~mer so as not to unreasonably illuminate the window area of nearby businesses.
That there shall be no coin-operated games maintained upon the premises at any time.
That wine coolers shall be sold In quantities of a four-pack or more.
That signs shall be prominently posted at the wine storage area and the cash register area
reading: "Wine coolers may be purchased on this premises only in quantities of a four-pack or
more'.
That beer shall be sold in quantities of a six-pack or more.
That signs shall be prominently posted at the wine storage area and the cash register area
reading: "Beer may be purchased on this premises only in quantities of a six-pack or more".
That there shall be no Coln-operated telephones maintained upon or adjacent to the building
at any time. They are to remain at the southeast ponlon of the property.
That no beer and/or wine shall be offered for sale from, or stored In refrigerated coders.
~"~ That the property owner shall pay for monthly code enforcement inspections if deemed
- necessary.
VOTE: 6-0 (Commissioner Taft declared a conflict of interest)
Selma Mann, Cfty Attorney, advised the applicant of the twenty-two dad appeal pedod, noting that the
action of the Commission will be final unless an appeal is flied wkhin that time.
Page 11
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2a. CEQA NEGATIVE DECLARATION Continued to
2b. WAIVER OF CODE REQUIREMENT 12-12-94
2c. rONDITIONAL USE PERMIT NO. 3711 (Readvertised)
OWNER: TEXACO REFINING & MARKETING, INC., Attn: Doug Elston,
P.O. Box 7812, Universal City, CA 91608-7812
AGENT: FRED FIEDLER & ASSOCIATES, Attn: Patrick Fiedler, 2322
W. 3rd St., Los Angeles, CA 90057
LOCATION: ~~^ r= L a Paime Avenue (Texaco Service S ti n .
Property is approximately 1.0 acre located at the southwest
comor of La Palma Avenue and Imperial Highway.
To permft an automoNe service station w!t;; an accessory automated ct:r
wash, a convenience market, adrive-though restaurant (no seating
proposed), and beer and wine sales for off-premise consumption wfth
waivars of minimum landscape requirements, permited wall signs,
permitted location of freestanding signs, minimum distance between
freestandiny signs, minimum number of parking spaces, minimum drNe-
through lane requirements, required setback from an artedai highway, and
required irnprovement of setback areas.
Continued from the August 22, Septamber 19, October 31, and November
14, 1991 Planning Commission meetings.
CONDITIONAL USE PERh11T RESOLUTION N0.
FOLLOWING IS A SUMtdARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: Nane
ACTION: Continued subject request to fire December 12, 1394 Planning Commission meeting in
order for the applicant to submft revised plans for tho proposed service station and
accessary uses.
VOTE: 6-0 (Commissioner Taft abstained)
Page 12
11/30/93
3a. ~EQA NEGATIVE DECLARATION (Previously Approved) Approved
3b. ~'ONDITIIJNAL USE PERMIT N0.2900 (Readvertlsed) Granted
3c. WAIVER OF CODE REQUIREMENT Approved
3d. CONDITIONAL USE PERMIT N0. 3329 AND Gmr"~
OWIJER: DON MUSSCHE, 2816 E. Mlraioma Ave., Anaheim, CA
92906
LOCATION: 2816 East Miraloma Avenue. Property is approximately
0.86 acres located on the south side of Miraloma Avenue
and approximately 260 feet east of the centerline of Blue
Gum Street.
To permit the expansion of an automotve repair facility Into apreviously-
approved automotive detail facility with waiver of minimum number of
parking spaces, and the amendment or deletion to condftion of approval
pertaining to a reciprocal access and parking agreement.
Continued from the November 14, 1994 Planning Commission meeting.
CONDITIONAL USE PERMIT 2900 RESOLUTION N0. PC94-157
CO?dDITIONAL USE PERMIT 3339 RESOLUTION N0. PC94t6@__
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: 2 people spoke in opposftlon
Don Mussche, applicant, explained he sent a letter to the Commission. He thanked the staff for their
hard work and efforts put forth on this Issue and referred to the staff report. The very last sentence "that
the ov9rnight storage of personal recreational vehicles, including boats, shall not be permitted"• He
explained in conversation wfth staff this morning, tt was indicated that the word "outside" was supposed
to be Included and wtth that clarfficatlon, asked that the Commission go with the staff recommendations
on this report.
tapes on this ke n during this Itt~ h houetoday and is prehpare~i to give a knotwledgeab eldecisionhe
unloading) foe 5f to 1S0 mina a pehiods aff the drrfver was stdill available to start up th Bruck and~move ft~•,
Jeff Lutz, Fire Department, responded that ft was something that they would object to because ft would
Impact the 20-foot wkfe drNe into that area.
Commissioner Messe emphasized that loading or unloading area would not be for parking.
Mr. Lutz stated H rho drNer were to leave rite vehicle, it would be hard to enforce keeping that drive
is allowed, ft eventually ends up as avpark ng areahand llh t is what they do not want toosele.g or loading
~,,,~ Page 13
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Chairwoman Boydstun stated that when they are loading, the driver is there with the truck, and asked if
E,.~ ft is a problem as long as the driver is staying with the truck?
Mr. Lutz sold that as long as there is somebody staying with the truck and not parking there, the Fire
Departm.ant would allow it.
Commissioner Messe said that situation goes on all over the city in all types of locations which the Fire
Department might be concerned about.
Rudy Wasson stated he and his wHe, Linda, are the owners of the woodshop involved in this proceeding.
They are protesting this additional conditional use permit for a couple of reasons. These three buildings
were built under light manufactur!ng terms and they contacted the builder and have letters to give
Commission. These letters indicate the buildings ware designed for light manufactud:.a, and thero Is a
• small area which they understand is a private drive for unloading and loading. They can't qufte
understand why two of the other businesses, Mr. Mussche's and Mr. Peck's, have been fumed Into
commercial and have bean given conditional use permits for a lot a cars in and out of there. They don't
mind that, but want the right to unload their trucks. They put a major expense Into this manufacturing
building; sprinklers wen3 required by the City a dust collector was required by the Fire Department,
double drywall for sprey booth rooms; nails that had to be one Inch apart, etc. and they have spent a lot
of money on this. They know money isn't the Issue but that this is a manufacturing area and asked why
were the other two unfts turned Into commercial uses with an overabundant amount of traffic in and out.
hatias~ong ast hesdrivertstays~ h the truck and they are just Ioadingtandl urnloadinghit isi all rigphariment
Mr. Wasson continued that they are afraid of the additional condftlonal use permit being allowed for Mr.
Mussche because the property is overloaded as it is now. He presented pictures showing the parking
when Mr. Mussche lied one half of the building and five parking places, and there were ten vehicles In
that space. He was worried that ff the conditional use permit is allc'.ved for the other side of the
building, it will become a major mini-shopping mall traffic situation when it is supposed to be light
manufacturing.
foemalt raffic flow study wihich thedclry normally requfiresW Atlthe lalst Imeeting Mr. Peck, who ownosdthe a
other building, who stated that he really believed that he is in violation of this. He explained they only
have three to four trucks a day perhaps, for three to fifteen minutes; and that is not as;cing much,
compared to thirty to forty cars in and out, test driving and so forth, with the wife following. There is a
to the automotive repairsand they t tally disci gree thief the trafficnis the same~llt is ab olutely not them
same thing, noting that for the detailing, a vehicle is detailed and then gone.
Linda Wasson stated she felt the Issue here Isn't rally about their trucks coming In and out, and h
:,eemed there Is an obvious trafffc problem. They nave been operating the business at this location for
ovor seven years, and have never had a complaint or a problem. The detailer was in there and lie never
the back.H srvery frustrated about the trafficawhich is what pPompted alitthese argu ents to begin
with. If Mr. Mussche's business grows, more traffic comes in and it is Just going to make the problem
worse. ii there was a problem wfth the Fire Department, it was never brought up. The!r drivers always
stay v:ith their trucks. She tt,~ught the problem Is mixing commercial and manufacturing.
Commissioner Caldwell refereed to 6omments from the last meeting, that ff there was another light
commercial or industrial building back there, and they had more deliveries of the same variety, that
would compound the ^:oblem. The applicant is stating that he Is not going to increaso the overall size
~, Page 14
11/30/94
of his business, and ha !s just going to expand his room so that he is able to put more of his vehicles
~y inside the building so that the work will be wholly inside the building. He asked ff those things mitigate
the problem?
Undo Wasson responded she thought there is already a problem there, that the appficant stated that he
wasn't going to grow, and that he had no addffional employees but he does have one addffiona!
employee already.
Commissioner Caldwell added the applicant has indicated he i3 going to Just Increase the size, and that
the Commission could put Iimffations on his business to hold him to what he sold.
Linda Wasson said as long as they can Just continue to operate their business, and he could continue to
do his business without growing and trafFlc getting worse, she would not h,~ve a problem with the
request. She was still concerned that an automotive repair facility that is this big which already has
problems, would create more problems ff allowed to double its size.
Commissioner Caldwell repeated the applicant's testimony is that he is not doubling the size of his
business, just the size of the space he is using.
Linde Wasson indicated she understood but was concemed because based on the fact that he said he
was not going to have any more employees and he already has one more.
Commissioner Mayer asked about the original design of the building by the developer and asked
whether loading and unloading areas were designated in the original design?
Mr. Wasson said everything was approved by the City, and it was all ML at that time. It's on record as
being approved for light manufacturing usage.
Commissioner Mayer asked ff the unloading was always in the access way, and Linda Wasso: ~ answered
they have always loaded and unloaded in the same place.
In response to Chairwoman Boydstun's q~sstion regarding, the big doors, she explained the big doors
are in the back and they can use that area about half the time, ff the trucks are small enough.
Mr. Wasson stated for the short period of time the trucks are there, he thinks k is even silly to be here
talking about this.
Linda Wasson said even a big semi parked there, ff doesn't completely block the entrance, and vehicles
can still get through.
Mr. Wasson presented photographs of other industrial sftes around the city with signs such as, "NO
TRUCK OR TRAILER PARKING EXCEr'T FOR LOADING & UNLOACING". He added they would be
happy to do something like that, and they do want the trucks in and out of there quicMy.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Henninger asked how many employees Mr Mussche currently has; and Mr. Muszche
responded there is his wffe, son, himself and 2 employees for a total of 5.
Commissl~ner Henninger stated it Is planned to park some vehicles in this expanded area and asked
how many vehicles would be parked inside? Mr. M~ssche responded he could park 7 vehicles Inside on
the west end of the building. He explained inside the building there are 4 working stalls on the east side
of the building; and he has the ability to park 9 vehicles, 7 vehicles, plus his own R.V. and boat will be
~ Page 15
11/30/94
parked inside.
Commissioner Henninger continued that the Commission can add a condition that Mr. Mussche can
have a maximum of 5 employees and 4 working stalls and room for storage of 7 vehicles and that he
would have to operate wthin those conditions.
Mr. Mussche stated ft sounds right as far as his plans stand right now; that he has no plans to add
employees or , Io anything more than that right now. In the future, ff there was a need for someone to
do some sort of a task or some sort of a situation, or ff he wanted to alleviate myself or his wife from full
time operation, he would not want to be restricted from hiring someone else,
Commissioner Henninger stated ff he wanted to change his method of operation, he could always come
back and make that request. Basically, he understood there is a controversy regarding the access to
this site that doesn't involve the parking issues, but has more to do wfth some loading Issues, which in
his view does not relate to this deliberation. Commission has had some testimony on the parking Issues
and Mr. Mussche presented this in such a way, that ft was really going to make the situation better, and
believed that has been done. He added he is tempted to add these conditions and then ff there is a
need to change ft in the future, he can come back and ask Commission to consider a change.
Mr. Mussche responded that every person wants the ability to use his property in the best manner
possible and not Interfere wfth neighbors. Mr. Mussche stated his present plans are that this is a small
business and they don't ward any more employees. Hls son came on board in May of this year learning
the business. Prior to that they always had two mechanics since the day he moved into that location
four years ago. For the past six months the total amount of repair caters divided by the number of
working days, averaged 5.5 cars per day. They base their work on appoirtmonts and people coming in
and out just for those r?asons. They purchased the entire property to have the ability to work on cars
_ there on a long-tercn basis, such as a motor overhaul, so they can keep it there and work on tt and not
have to move ft in and out.
Commissioner Messe stated N. seems Mr. Musschs's plans are to operate in this manner for some period
of time and that he could come back to Commission in the future and request to be allowed to have
another amployee. If ft would not affect the available parking and traffic, Get:tmission Is normally
agreeable.
Commissioner Taft asked staff about the parking, noting the coda requires 30 parking spaces and than
are 10 right now. He asked about the additional mezzanine area.
Jonathan Borcego responded that code requires one additional parking space because of the mezzanine
area which the petitioner wants to retain within the existing building to be used for storage.
Commissioner Messe stated the storage has been taken out of the normal building and put up on the
demands Hat statedBhat ft IssstaH saint nt thattiheoR.V. be stored i s de aind notffouttside and t en it g
would not be a problem.
ACTION: Commissioner Henninger moved that this activity is covered by the previous CEQA Negative
Declaration. Motion seconded and passed. (Findings in Paragraph No. 13.)
2900 (findings n Paragraph No 2R of thei stfftrepor~ as readvertised withCthefiollowing added ft No.
condtions:
That the inside of the building shall provide four (4) working stlls and seven parking spaces.
~ Page fs
11/30/94
That this facilfty shall be Iimked to a maximum of seven (7) employees.
That the ovemight outside storage of personal recreationa~. vehicles (including boats) shall not be
permitted'.
Approved Condftlonal Use Permk No. 3329 as readvertised wfth the following changes to
condklons:
Deleted Condition No. 6 of Resolution No. PC90-214.
Modffied Condtion No. 10 to read as follows:
"10. That subJect property shall be developed substantially in accordance wfth plans and
specifications submitted to the Cky of Anaheim by the petftioner and which plans are on file
wkh the Planning Department marked Exhibft No.1 and Revision No. 1 of Exhibk No. 2."
Added the following condftlons:
That this facilky shall be Iimked to a maximum of seven (7) employees.
That the ovemight outskle storage of personal recreational vehicles (including boats) shall not be
permtted'.
Commissioner Henninger asked that the following condftion be added to both the permks. 'That an
aggregate number of employees at the two skes for CUP 2900 and CUP 3329 not exceed seven (7)
employees." It was agreed by Commission, staff and the applicant that k was acceptable to add that
condftion to PC94-157.
~' Commissioner Henninger offered approval of the waiver of the parking requirement based on the fact
traffic study and the addftlonal fact that in the one build!ng there will be seven addftional parking spaces
Indoors and the fact that the number of employees Is Iimfted. Motion seconded and approved.
(Findings in Paragraph No. 20 of the staff report.)
Commissioner Henninger offered Resolution No. 94-158 approving Condklonal Use Permk No. 3329 wkh
the condftion limiting the number of employees. Passed wkh seven (7) YES votes.
Selma Mann, Cfty Attorney, stated the actions on this Item will be considered final in twenty-two (22)
days unless an appeal to the Clty Council is filed wkhin that time.
reasonable resolutionnof thisloadingt issue without the use of attomeys~He didn ot~really see that ase
part of this consideration. He thought the wood-working shop needs to closely read tho Fire
Department letter to understand where the Cky would most likely come from on this Issue.
Mr. Mussche asked ff the employee Iimkatlon was seven (7), and Comnissloner Henninger saki "yes".
Jonathan Borrego asked for clarffication regarding the deletion of the condftion that required the
reciprocal parking between all the properlles.
Commissioner Henninger answered that was staff's recommendation to Commission and ha was
following that recommendation.
`~ Page 17
11/30/94
4a, rEOA NEGATIYe DECLARATION I Approved
4b. rONDITIONAL USE PERMIT N0.3722 Granted
OWNER: CARL E. and CAROL A. WAGNER, 2338 E. Wagner Street,
Anaheim, CA 92806
AGENT: PARI HAKIMI, 19742 Lombardy Lane, Yorba Linda, CA 92686
LOCATION: 2338 East Waaner Street. Property is approximateiy 0.42
acre located on the south cide of Wagner Avenue and
approximately 535 feet west of the centerline of Sunkist
Street.
To permit a child day care center for up to 64 children.
Continued from the Novamber 14, 1994 Planning Commission meeting.
CONDITIONAL USE PERMIT RESOLUTION N0. PC94-159
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: 2 people spoke in opposition
A petition was submitted with 84 signatures in opposition to sub(ect proposat
Parl Hakimi, appilcant, ciarffied the location of the circular drNeway and drop-off area. She explained
the site has been redesigned by relocating the circular drNeway which was approved by the Traffic
Engineer. It will easily accommodate two cars for drop off. Parking requirements for a pre-school were
changed in the past few months and the new design reflects the new requirements. She Is providing 2
spaces far drop off plus the other required parking spaces which could be used for drop off alsa She
was not sure what her neighbor's concerns are. The traffic should not be a problem and she provided
maps fur everyone to see that none of the neighbors adjoin Wagner or are exposed to Wagner Street.
Her only real neighbor is Katella Hlgh School. She explained that those who do not want her school to
be there can come and go by other streets.
As for noise, Katella High School has about a thousand students and there is another school wfth about
400 children which they should be concerned about, not 50-60 small kids at her school and some of
them are ready to sleep again by the time they are dropped off in the morning. She did not believe that
the approval of :his use will s(gniflcantly affect the ~~verall picture of that area.
Regarding the swimming pool, the pool is fenced per state regulation. If h is necessary, she would ffll
the pool and let it be a sand box. She believed this is a minor issue and should not decide the fate of
her project. Sho wants to have the pool to teach 60-70 kids to swim because a study shows that fewer
children would drown ff they were taught to swim at an early age. Instructors will be hired from the
YMCA and Instruction would be one on one.
Commissioner Caldwell irxlicated that he had Iis'.ened to the tape of the previous Commission meeting
and felt he would be qualified to act on this kern.
Welling H. Porter, 996 Amridge Street which is 120 feet southeast from the Wagner property, stated his
~ r'age 18
11/30/94
wife went throughout the neighborhood and obtained 84 signatures in 54 residences of persons
opposing this request. He stated ff this petftion is approved, the real estate value of his property will go
down because people just don't want a child care center in a reskfentlal neighborhood that has been
there for thirty-five years. They don't want this use and feel ft will lower property values.
If the Commission approves this, he would ask that the Commission wrfte hirn a check for the amot~r,r
his property value would go down. He asked how many Commissioners would like a child care center
adjacent to them, and added he asked that question at the last meeting, but he did not get aresponse -
so is asking again. He asked why an area that has been zoned residential for so long would all of a
sudden be fumed Into a child care center?
He stated he likes to work on cars and asked ff the Commission would approve of him working on
Chevrolets in his driveway, adding he Just wouldn't do that to his neighbors.
Charles Barnhart, 2431 E. Elizabeth, around the corner from the proposed business, stated he objects to
this nursery school because they have one at the end of State College and Wagner, there are two more
on the corner of Sunkist and South Street, and they also have two schools. He felt there is enough
traffic as it (s right now and wfth 60 more people bringing their kkls there, ft is going to be a traffic
problem early in the morning. He added he is speaking for an addftlonal eight persons who could not
be here today.
Carl Wagner, the current owner of the subject property, stated he has owned this property 24-1 /2 years.
When he purchased the property, his front yard extended one full lane onto Wagner Avenue and he had
a stand of eucalyptus trees in front. To the east was a vacant 3-1 /2 acre lot which has since been
developed. When he bought this property, ft was a tn:e residential area. Wfth the widening of the street
and the development of the lot beside it, this became more of a commercial location. He explained he
d(d not sell his house for a child care center; but that he Just wanted to sell k. It was on the market
since March 20th, and this is the only firm offer he has had and he personally thinks it is a good
application.
Mr. Wagner stated one of the previous speakers indicated he had B4 signatures representing 54
residences. He referred to the maps which show there are 17 properties that are within the 300 font
radius of this property. He was not sure what the valid arguments are for the other 5~: people.
In terms of traffic, he checked with the City Traffic Engineering Department, and he believed that most of
the persons who signed the petftions enter and exft their property on Sunkist. Sunkist Avenue in 199t
carried 40,200 vehicles, in 1992 ft dropped to 13,400 vehicles ar~d In 1993 ft dropped to 12,300 vehicles.
Those who do have a need to enter on Wagner Avenue will find half as much traffic as on Sunkist. In
1991 it was 6000 vehicles; 1992 5900 vehicles; 1993 5500 vehicles. Assuming the worst case, this
school has 64 students and ff every parent brings their student by vehicle, that is 128 trips a day, or a
two percent Increase in traffic on Wagner Avenue.
The environmental Impact report prepared by City staff states that they don't feel ihdi this has any
Impact on the environment. He and his neighbors have lived wfth the Katella High School marching
band morning and night and he could not believe that the noise generated by this child care center is
going to come anywhere close to it. He strongly recommended that Commission approves staff's
proposal.
Pari Hakimi, petitioner, stated the location of this property is not sutable fer a reskJence, and no one
would buy that house for residential. Maybe ft was suitable for residential twenty years ago, but ir, every
city, there will be changes. This Is not a liquor store or a nude bar, but this Is a place whore 60 parents
every morning will drop their kkJs off and then they will come and pick them up. It would not be noisy
and she did not know why these people don't open their hearts. The kids are small and just learning to
t'"~ Page 19
11/30/94
walk, and they just play.
Pari Hakimi noted that Commission had recently approved a child day care center for a friend of hers on
Santa Ana Canyon Road, and she felt that her project, compared to that one, is a much better project.
She felt that approval of that project would certainly indicate that approval of this one is warranted.
Commisslon reminded Ms. Hakim) that the Commission has not yet made a decision on this project and
that the prcperty on Santa Ana Canyon Road had different zoning and that several of the Commissioners
were very concerned about the swimming pool. It was discussed and Commisslon suggested that the
swimming pool be filled, as Ms. Hakimi indicated she was willing fn do, specifically from a safety point of
view. Further di„cussion and Input from Commissioners indicated that the location of the property is no
longer desirable as a residence; that quite possibly some parents will be bringing at least two chlldren to
the school; thereby creating less traffic morning and evening; that the small children will not make as
much noise as the high school students starting their cars on the parking lot. This is an isolated piece
of property and none of these homes look at the front of the school where the traffic is coming and
going. They will look at the same fencing and landscaping they have been looking at. The
Commission did not feel the value of the neighbors' properties will be affected.
Ms. Hakimi stated she Is willing to fill the pool. She is the director /licensee of the school. She also
stated that there is a special permit required by the Building Division to demolish and fill the pool.
Commisslon Indicated that this would be an added condition of approval.
Commissioner Caldwell asked about the traffic that would be coming/going at ti,9 school, specftically
whether the cars would be queuing on Wagner when more than two cars arrive at the same time to drop ~~
off/pick up children?
Alfred Yalda, Principal Transportation Planner, said that the parking code was changed recently to specHically
address these types of uses so that enough area could be provided for the parents, noting parents are i
required by law to go inside and sign the ch'ldren in; and for this project them are approximately 12 ~
parking spaces available to accommodate this.
Commission discussed regarding the location of the circular drive and k was agreed ft should be located
closer to the utility pole nearest to the Katella High sc.~iool lot, so ft would make room for five or six cars
in that driveway. Staff indicated that it would only allow for one or two cars, and that they considered
the pins tree (n the boulevard when relocating the driveway. Commission's consensus was that they
would like to see the driveway shitted as far west as possible without relocating the light standard there.
The applicant agreed.
Cominissloner Henninger stated he views a child day care facility as a residential use and an appropriate
use in a residential area. He did not think ft compares at all with repair of cars as might have been j
suggested. The child care facilities he has seen around seem to be very congenial neighbors. I
Commissioner Mayer wanted to respond to Mr. Porter who was opposed to this, that she doES, In fact,
live next to at least two churches which provkfe child care and sho also believes that this is a residential
use and h belongs In our neighborhoods so that the children can be in that environment. Sha thought
wRhout the pool that she felt comfortable with this one fitting In.
Pari Hakimi said that an ex-real estate agent indicated that this doesn't affect the price of a home.
Actually, that most of the parents, especially the first time buyers, (newly weds, or parents of small
children) want to be close to apre-school and school. School is the biggest concern of parents when ~
they buy a home.
ACTION: Commissioner Henninger moved to approve the CEQA Negative Declaration ;motion ,
0,,,/ Page 20
11/30/94
seconded and passed. (Findings in Paragraph No. 13 of the staff report)
Commissioner Henninger offered Resolution No. PC94-159 approving Conditional Use Permit No. 3722
wfth twe added condftions; t) that the west end of the cfrcutar driveway be moved as far west as
possible wthout moving the light standard that exists in tFre parkway; arxl 2) that condftion No. 7 be
changed to require that the swimming pod be effectively filled.
Commissioner Henninger explained he added the word "effectively" because he can imagine that the
existing flat work around the pool, plus the pool Ifp might remain in place and be Incorporated Into the
design of a play facility or sandbox or that sort of thing.
Commissioner Caldwell asked iF there was some code section that deals wfth this Issue of how a pool is
demolished or filled.
Jonathan Borre£o stated that the swimming pool has to have proper drainage so that ft doesn't become
a quicksand pit, so drainage holas are drilled before h is filled.
Commissioner Henninger suggested that perhaps ft should be brought back as a precise site plan,
unless a demolkion permit is obtained from the Building Department, and wanted that to be included In
his condftion of approval regarding the swimming pool.
Granted Condtional Use Permit No. 3722 wfth the following added condftions:
That the proposed curb cut shall be shifted as far west as possible without the
necessity of moving the light standard that exists on the parkway.
Modified condftion No. 7 to read:
~~ That the swimming pool shall be demoished and a demolftfon permft shall be
obtained from the Building Division prior to the deriolftlon.
VOTE: resolution passed wfth seven yes votes.
Selma Mann, City Attorney stated that the Planning Commission's action will become final in twenty-two
days unless an appeal to the Cfty Council is filed within that time.
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5a. CEQA NEGATIVE DECLARATION ~onflnued to
5h. WAIVER OF CODE REQUIREMENT 1'9'95
50. CONDITIONAL USE PERMIT NO. 3730
OWNER: DONG HEEKANG & BU SUN KANG, 559 S. OINe St.,
Anaheim, CA 92805
AGENT: PERRY BARIT, 16712 Corrington Ave., Cerrftos, CA 90703;
Michael J. Wagner, 2111 Yucca Ave., Fullerton, CA 92635
LOCATION: 213 East Water Street. Property consists of two parcels
of land Parcel 1 is approximately 0.23 acre located at the
northwest corner of Water Street and Olive Street and
further described as 559 South Olive Street; and Parcel 2
Is approximately 0.12 acre on the north side of Water
Street approximately 175 feet west of the centerline of
Olive Street.
To permft a convenience/liquor store with a coin•operated laundry facilfty
and wfth waivers of minimum setback abutting a collector street and
required she screening adjacent to a residential zone boundary.
CONDITIONAL USE PERMIT RESOLUTIGN N0.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: 6 people spoke in opposftion
A petition was submitted wfth 67 signatures in opposftlon to subject proposal
Mike Wagner, 2111 Yucca, Fullerton, the planner for this project, plus the applicant and archftect were
present. A petftion from approximately 58 residents was submitted; two of the residents were unable to
stay this long but they do support the project. This is an existing market that was permftted in 1947. The
applicant is the property owner and the applicant will operate both businesses and the applicant has
been operating the business on this sfte for approximately four years.
The existing structure in his estimation is blighted and ft is in the redevelopment area, and ft will be
demolished. The Laundromat that is proposed will have fts own attendant. The hours of operation
currently are from 8 a.m. to 8 p.m. for the market and they believe that ft might take a little longer for
people to finish !n the Laundromat, so they are requesting that the operation hours be from 8 a.m. to 9
p.m., so this closes early in the evening and is not a late night operation. He thanked staff for working
with them on this project, both the planners and the police department, In particular. Some of the
con9itions they have come up wfth to make the project acceptable Include locking the parking lot at
night when we leave. They are proposing a gate on the alley which could be closed and they would
lock the parking lot wfth a large chain lock. They propose that these be designed In accordance with
the requirements of the Fire Department.
The proposed project would generate addftional sales tax to the ctty; ft will generate additional tax
Increment; it will reduce blight In the community and develop the currently vacant lot which gets trash
and abandoned vehicles and other problems. They believe that the Laundromat use combined wfth the
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market use will be of service to the community. A laundromat is a primary permitted use under the
~,,.~ Zoning Cade and not only that, the laundromat really is required for them to be able to do thls
redevelopment project. If they cannot have the laundromat, then they really would like to withdraw this l
application because they would just he in a situation where they would have a lot of conditions added
en a use that is not currently regulated and they would not ba able to build what they want to, build.
The laundromat Is very Important tc them.
They agreed with all c. the conditions of the Planning Department, the Engineering and the Police
Department They would Ilke consideration on Condition No. 13, and believe the Commission received
their letter dated November 29, 1994.
As mentioned, they are currently unregulated and they can sell singles cans of beer and they don't have
to put up signs. They can put signs in the windows, but are willing to forego all these items to do this
proJoct which they feel would be of benefit to the community. However, the sales in 16 fluid ounces
represbnt approximately 3 or 4 percent of the gross business and they would like to continue with that.
A lot of times ft is not Just people dropping by, picking up a beer, and then driving away; but sometimes
it Is Just some of the residents walking to the store and buying a bottle of beer and taking ft home.
suggested thatthey Inut sell inn contafne s smallegr than 50 millifinetes and hey do not IobJeot io thatnt
condition. He explained some of the archkectural features of the project and said that they could
to windows wo Id come down t aboutr4 fee tgiving tthem so a additional wall space to nstal~the as
dryers.
Wfth regard to the Police Department's concern about the phones located on the project, they could
take the phones out.of the la~mdromat. They do not object to the coin operated video machines. In
'- conclusion, they think this will be an attractive project for the community; that the City will get a
conditioned use which is currently not restricted and ft will be an attractive new development that would
be used by the residents of the community.
The reason a laundromat was selected for this protect is because the customers coming Into the market
have been requesting one. The applicant believes that there is a market for this use.
wfthi hisKfather forthehpast four and a half yea sea It wasotheiir (wish t deveilop this ppece of vacant land re
property wfth theirt ustomes~k weasedeckled theme laundromat wood bie thesbeM uspeossible uses of the
Over the past months persons unknown have used the lot as a dumping area nor furniture and
appliances, and more recsnt;y an automobile was left there, and h has been very unsight;y for everyone.
Regarding Condftion No. 13, he felt because of the ~ocession, some of the customers who used to
purchase a six pack of beer are now only purchasing the 16 ounce bottle of beer. Other customers
purchase the standard items such as milk, tortillas and groceries and perhaps ttie 16 ounce size drink
ounceid inkwould (hide fti underhelnjac~keflt and stand outside and de n khoweever he thought theta 16
anything as large as 16 ounces is hard to hide. They have agreed not to sell single cans or 16 ounce
sizes, but anything bigger than that, people are purchasing to take home and drink, not drink ft outside
the store. He restated that the property will be kept under one ownership and the only phone in the
area has been tho public phone outside at their store. While this phone has been used to report
neighborhood crimes, those calls were mostly after their store was closed and it was the only phone in
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the neighborhood. They close their store ead.~ because they are not on a major street that gets a lot of ~;
traffic. ;
Enrique Chavez, 221 E. Water Street, stated he has resided there for ten years and that he Is here to
oppose this project and express his concerns. As a parent he is concerned for the safety of his child
and the other children in the area. There is a high volume of traffic due to the Industry in the area and
that Includes both employees and the big trucks that are used for shipping and receiving. They do not
like to allow the children to play in the front yard areas because of this traffic. Even the cars that stop at
the market are driven too fast as the leave the store. There has been drinking and urinating in the area
on any given day. Employees from the Industry in the area come in to cash their checks; there is public
drinking there all the time and his wife does not go to that store because of these situations. Some of
the men Just stand around there and that is a form of intimidation.
He did not believe that there is any need for a laundromat at this location because there Is one Just a
block and a half away on the corner of Water Street and Anaheim Boulevard, and h has been there for
almost two years. if this project is approved, h will only create more traffic from outside the
neighborhood and the neighborhood would not be benefkting from it. As k is, property values have
gone down in the past few years and this will not help that situation any. The project will not help to
keep his neighborhood safe and clean for his children and the children of the neighborhood. He doss
not plan to leave the neighborhood and would suggest that the Commission consider his concerns and
deny this proposal.
Angelina Veina, 60t S. Olive Street, at the opposke corner of the market, stated she is here to oppose
this project. She is not Implying that the property should not be improved as it causes a variety of
problems being vacant land. She presented a petition with approximately 67 signatures of local
residents who oppose this laundromat and also submitted a letter outlining her concerns. She said
because of her location, she would receNe an impact from a laundromat being built on this property.
She has lived at this address for approximately forty years. Her father was the one who developed this
comer and now she is seeing it come back to haunt her. She grew up in this neighborhood and she
hopes to continue to live here.
She stated a laundromat Is located Just a block and a half away from this location. She has heard that
the applicant has Indicated that he was going to lower the price of doing laundry at his business and
that will only attract more customers. Regarding the local mini-mart and importance of liquor, there is a
quick liquor store at the comer of Anaheim Boulevard and South Street only three blocks away, but they
have learned to live with it over the years.
A second major Issue is loftoring, Intimidation and urination. There has been a long history of men
hanging out at the store and drinking, talking and Just being there, not for 5/10 minutos, but they are
talking for hours and hours. Most of them are not local residents but from the ,ndustry in the area who
come to buy their liquor. These men just'hang there' providing an unpleasant condftion, staring and
making sexist remarks to the women who come to the market. Because of this, she only goes to that
market about four times a year and she does not feel comfortable going there. The urination is a real
problem, noting that was first thing she sit^~ on Thanksgiving morning when she looked out her kitchen
window. By now everybody knows where there is this little closet in the back of the store where they
can urinate and if they are respectable men, they go there, but if they are not, they just stand behind the
store and do their thing, or go behind the trash bin. They have seen this many, many times.
A third Issue Is drug traffic. There is an extensive history of that in this area. One of the primary
reasons for houses being removed from that location was drugs. People will come to the telephones
and make a call and, she presumed it is for drug trafficking because they hang around and shortly after
that a car drives up, they negotiate a thing or two, and they do this in front of the store. Some of that
business extends Into the alley behind her house and she has seen this personally, over and over.
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When those persons want to use drugs they come to her outside faucet and use the water to take
drugs. s
The fourth issue is traffic. She is concemed about several blind spots in the area. Those locations are r°
listed In her letter and Include the intersection of OINe and Water Streets, Traffic from industries at shift I
change and the regular neighborhood traffic, in addRlon to tho big semi trucks making pickups and
delNeries to the industries, plus the trains on OINe Street are four different traffic patterns converging at i
that one intersection. She had a new car that was damaged while paired on her drNeway by someone
making a fast turn at that corner. There has been many incidents of 'burning rubber' and loud music
from the cars that are a nuisance.
The store's customers dr~~ :heir trash wherever they want. She has bottles, diapers and paper trash on
her property all the time; and they also pick tha flowers from her gardens wfthout permission. Shopping
baskets are also left on her property. If a Laundromat is built there, she does not believe that the j
customers will all be coming in cars, but felt they will be using the market baskets to transport their
laundry to and from the Laundromat, making that more of a problem.
She was also concerned about the safety of the children who have to cross this intersection on their way
to school and felt the Laundromat, video gamos and the possibility of more loftering, and increased traffic
would not be safe. She was concerned about the hours of operation which she had heard would be
from 7 a.m. to midnight which she definitely opposes.
Property value loss has already been mentioned. At the present time the name of the market is la
Paloma, meaning the dove. This is a market that caters to a'uout 95% Mex(can clientele. The owner ~
proposes to change that name to D & G Mini-Mart. She would hope that he would continue to have a ~
Spanish name in terms of respect or at least acknowledging the clientele he serves. There is a family
just four houses down on OINe who have already moved away because of this proposed protect. They ;
hear shots and she Is concerned. The owners are cordial to her, but her concerns are the Issue of
traffic, safety in general and her personal safety and seeing these men hang out there all the time. The
owners go home every night but she INes there and the problem is there all night, even at 3 a.m., the
phones are being used and the dogs are barking because the people aro at the phones. She hopes to
remain at this address for many more years.
Connio Mendoza said she has been a resident at 308 E. Ellsworth for more than 45 years and she is
across the alley from the proposed Iaundromat. She supports all that Ms. Veina has said and will not
repeat h. She said that In the past she has tried to do something about the situation at this market. She
has called ABC in Santa Ana and her calls have never been effective, and she has been told by that
office that they don't have enough Investigators to follow up on all the complaints. That office also told }
har that ABC thought k was a problem for the Anaheim Police to correct and referred to an ordinance of
tl:a City of Anaheim prohibiting drinking in public.
The police have been called soverai times and the normal response time is 2 hours, as this is considered
to be a low priority matter. For example she has called the police at three In the afternoon snd the
police will call her back at five and tell her that they have not had time to respond and have asked her to
go to the front of the store to see ff the men are still there drinking. Several people nave contacted the
owner of La Paloma and asked him to Intervene and his reply is "What do you want me to do? I cannot
control my customers. Call the poice." and he laughed.
The thing that bothers her most Is that there are numerous people who are buying alcoholic drinks
• during their lunch hour and they are employees from the Industry in the area. They come Into the alley
between the store and the homes on Eliswor'ih where they are hkJden from the eyes of their employers. ;A
Yesterday there were two groups of men leaning on her fence and sitting on the ground drinking, one
group at twelve noon and another at two ^'clock.
Page 25
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The alley Is posted "NO OUTLET" and has always been a dead end alley until the owners of La Paloma
decided to take the fence down allowing all kinds of undesirable elements to enter the alley and cross
Into the store, The proposed CUP shows a sliding door that allows access from the store into the alley.
This alley is only 15 feet wide, not 20 fast which is the normal width for a cRy alley, and it is much too
narrow for commercial use.
In addftion, a six-foot block wall is proposed around the store/Laundromat and that is not sufficient.
Normal walls around commercial uses are much higher. A Laundromat was installed two years ago at
the corner of Water and Anaheim Boulevard and there is no need for a Laundromat. That coin operated
facility is plagued wfth problems, and suggested checking with the Police to verffy that there were
shootings, knifings, car thefts, drug dealing, and people drinking and repairing their cars in the parking
lot.
She felt this CUP would be very detdmental to their neighborhood. The owners of La Paloma have
shown total disregard to existing laws during the past few years. The Police and Code Enforcement
apparently are unable to enforce these laws and control the actNkies of la Paloma. Therefore, the
owners of this store should not be rewarded and given permission to rebuild the store and add a
Laundromat and be allowed to expand their business hours until midnight - or earlier.
Charles W. Day, operator of the business directly adJacent to the store, SKS INC., explained they own
the property between Ellsworth and the subject property line, and from Water over to Mrs. Mendoza's.
He did not reiterate the problems but agreed with what has been said. it has been a blight there for
some time. They have been at this location since the 1930's. Loitering is a problem; damage to their
property required that they had to put special windows in the warehouse, costing hundreds of dollars,
because the windows were broken on a weekly basis. This has gone for as long as he has run this
facility which is 15 years. There has been continual vandalism, trash, graffiti, broken lights and
dispensers for an unattended fuel facility. They have been in business responsibly and have generated a
lot money for the City of Anaheim for a lot years and they wind up wffh all the bottles and cans behind
the fence which necessitates cleaning up by his yard man. He is here more than anything else to say
these people are rebuilding their neighborhood and they don't need a re-occurrence of past sins and
they are here from SKS to support the neighbors in the area and they would hope that the proposal
would not be approved
Mercedes Ramirez, 600 and 604 S. Philadelphia Street, stated they have lived here approximately twelve
years. They used to experience problems where there was a bar there, and at that time, a petition was
submitted to close that bar. They have since removed the houses that were on that property where they
now want to place the new protect. In the time that she has lived here, she has wftnessed all that has
been going on, including drug trafficking. She, like her neighbors, is opposed to this request, and
mentioned the Laundromat and liquor store on Anaheim Boulevard where they already sell liquor. Shd
said this is a residential area and that is the way ft should remain. They want to stay living in that area
and hope that the Commission listens to their opposftion She is concerned about her children and
gangs and has always tried to steer them away from that element. She is concerned that ff the request
Is allowed, her children would be tempted to go there and play the vkleo games. A Laundromat Is not
the proper business to be placed on this property; and that ft should be residsnces as before.
Chairwoman Boydstun commented on the video games and pointed out that the applicant has agreed
not to have video games there.
Ms. Ramirez mentioned the traffic problem and stated she hopes the Commission listens to their
concerns. There has been a history of drinking, gun shooting and even prostitution outskle her yard.
She stated they want to work wfth their neighborhood and they don't want outsklers coming in and that
they are hard working and hurnble people.
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Felipe Gomez, 225 E. Water Street, stated that he is not against this request or in favor of it. He agrees
that the applicant should be able to do more business wffh his property. He disagreed with ff being a
liquor store. They want to expand and the neighboring property owners don't agree. The store has
been there for a long time and ff can remain the same. He has been INing here for 14 years and there
have been three owners of the store. If this owner doesn't get what he wants, he is going to sell and the
new owner will try to do the same thing or something worse.
Michael Wagner, agent, stated they agree with a lot of the problems that the residents have brought up
and they think that some of them can be solved with the project. The Police Department has
recommended that the telephones be removed as a condition of approval and they agreeD to do that.
Without telephones ff is very difficult to do drug sales. They are providing a uni-sex restroom in the
laundromat fa~'~ity and that will help deal wfth the urination problem. He realized that ff that was
occurring next to ~ Vim, h would be one of his major concerns. There will be addfflonai trash receptacles
at all of the doors and a major central trash -racility. There will be no videos and they will be dedicating
the additional ten feet to :he alley which is one of the conditions of approval. Regarding Improved
property values, they really think that the blighted condition of the existing site is pulling down the values
in the neighborhood and that the property owner fs willing to make a substantial Investment on ?his
parcel and that Investment will Improve values in terms of just a capital Investment.
He added some of the other pro!•~erns that were mentioned are difficult for them to respond to because
some of them are beyond their control. He referred to the trucks going down the street from Ouikset. It
is difficult for them to control that even though ff certainly adds to the problem. They believe this will
Improve the existing situation and that development of the new project as proposed will actually make
them better neighbors.
THE PUBLIC HEARING WAS CLOSED.
Chairwoman Boydstun asked about the building backing onto the property line at SKS. She asked ff
that shell of the bar will be gone, as well as the old store? Mr. Wagner said the bar will be removed.
She then asked ff there was going to be any space between this building and SKS? Mr. Wagner said he
would like the architect to answer, but he did not believe there would be.
Perry Barg, architect, 16712 Corrington Avenue, Cerritos CA, stated on the north side there will be a
zero setback, and that will eliminate the problem mentioned. A wall will be built there and it will be
plastered and painted and ff will look nice. There will not be any way for people to cut through there.
The style of the building is low-key to blend with the neighborhood. He tried to be very sensfflvE about
the conditions for the neighbors. That is the reason he suggested that the blank wall on the east side be
treated beautifully wfth splff face concrete blocks wfth vertical scor(ngs and high glazings, which is
addressed In the staff report. One of the reasons the east side of the building faces OINe Street which is
a collector street, is that ft will minimize vandalism and grafinl. They are not going to advertise the liquor
on that side, but ff the concrete block split face with glazing was there, then they will be tempted to
advertise the beer and/or liquor on that side of the building. Also, on the laundromat facing the parking
areas, the side is a high split face concrete block with vertical scores and one of the reasons for that is
to protect the building from the parking, backing in and out, but they are willing to lower the concrete
block to about four feet high so that we can provide a better view Inside and out of the laundromat.
Commissioner Mayer stated she understood the applicants statement was that he mainly serves the
community and the neighbors and that ff Is a neighborhood store; and then asked ff he does provkle
payroll cashing services to Quikset employees?
Daniel Kang responded that they do th2t in a sense; that they do ft for the customers who come in to
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make a purchase, but they don't Just cash checks. The customer needs to purchase something from
the market in order for that to happen. The main business Is the market tself, and they do allow t]uikset
employees to come in and cash their check when they make a purchase, but nat Just to cash the check
~
itself.
Commissioner Mayer asked if he was aware of the fact that they stay on the market property to
consume what they purchase.
Mr. Kang stated that they have cailad the police themselves about this problem. They do not tolerate h
and they have posted signs outside the building and also asked those persons to leave on many
occasions. The reason for this is that right now they consider it their hang-out and when they have
called the police, they leave and then come back again. He can not physically chase them away. They
are trying to Iimk sales of single cans. Right now there are no parking spaces and cars are parked
everywhere and on the sidewalk and that is dangerous for the children. They want to provide a parking
space for them to legally park. Also, many of the children come in barefoot and there is broken glass
because of the dumping outside.
Commissioner Mayer said she wanted to make sure she understood his answer. She asked again if they
do provide a payroll check cashing service. Mr. Kang responded they do not just cash chec-~..
Chairwoman Boydstun stated there is a sign on the outside of the building that reads: "CHECK
CASHING".
Mr. Kang answered, "yes, they do cash checks in the sense that the customers do need to purchase
something.' He explained they don't cash a check and just hand them the money. So K is more of a
market enhancing thing.
Chairwoman Boydstun asked if they could leave that "CHECK CASHING' sign off the buiiding and Mr.,
Kang's response was'yes'.
Commissioner Taft asked if they charged a service fee for cashing checks.
Mr. Kang said they charge one per cent. The reason for that is fraudulent checks and other types of
check checking problems on which they lose money.
Commissioner Mayer said she wanted to make sure that she understand and asked ff the employees
who come there and cash their checks and buy something are a big part of the business? He has
stated the main part of the business is the neighborhood customers and asked ff Commission were to
say that a check cashing business was not a part of this new proposal, iF that would affect the business?
Mr. Kang stated a lot of the residents also come to cash their checks, but they also purchase things.
Check cashing for Quikset employees is not the major portion of the business. A lot of people do come
in to cash fhelr checks because most check cashing places charge two per cent or something Ilke that;
whereas, they just require 4hem to buy something and then charge one per cent .
Commissioner Mayer said it sounds like, hearing from the neighbors, that the Quikset employees on
their breaks or on their way homo are causing most of the problems.
Mr. Kang stated check cashing is just on Fridays, and ft doesn't happen the whole week. Frkfay is
payday. Some people only come once or twice a month, or whenever t" .y get paid, so check cashing
Is not the major flow of traffic. Quikset has three shifts and employees do come in and tend to linger.
Quikset has put a camera up In their building to watch their employees drinking, etc. outside, but the
only time they do ft is vrhen they are an their way home or something like that. A lot of the problems
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that came up are community problems and they are trying to change that. If there is a clean
environment with bathrooms provided, people are not going to urinato all over the place, if we don't s
serve small cans of beer that are easy to hide, they are not going to be outside drinking ft all the time.
He noted they don't want that either. He has had verbal arguments wfth people drinking outside the
building, and they have put signs up outside and have called the police. It is very dffffcult for them to
control ft. The new project will be a cleaner environment and the parking lot will be closed and locked
wfth a chainlink so people can't come in and linger on the parking lot.
Commissioner Henninger asked ft when the Redevelopment Commission looked at this, they didn't see
the conditions, and they would like to look at them.
Jonathan Borrego, Senior Planner, explained at the time the application went to Redevelopment
Commission, staff had some real concerns about the proposed use and until those were resolved, they
didn't want to take action on ft.
Commissioner Henninger said he is reminded of the condo conversion on West Lincoln. They came in
and ft was not a bad proposal, but they had a lot of existing problems and those existing problems really
got in the way of their proposal. I felt that same sense here. He knows that the City had a problem with
Angeios and the 'cruise nights', and that owner worked wfth the city quite well and basically took care of
the problem. He is tempted to think that perhaps we should give these owners an opportunity to work
with the police and see what can be done about resolving these problems and, hopefully. have a better
feeling going forward with this.
He suggested the applicant request a continuance and then get wfth the police and see what can be
done about this. He remembered that in the testimony, ft was stated that the business was an
unregulated use and he thought that, unfortunately, is a mfs-perception. He thought ft is a regulated
use, but that we just haven't been doing a good job of it yet. The City, when ft focuses on things, Is
quite capable of doing a good Job and over the last few years since he has been on the Commission, he
knows that businesses have been shut down because they have had these same sorts of problems. He
added that should be a stark reality to the applicant and he ought to understand that one of the end
results that could come out of this whole process, ft ft didn't go well.
Mr. Wagner said that they have met with the Police Department and they might want to provide
testimony and they have come up with their conditions that they think will result in a reduction of service
calls to s!:e.
Chairwoman Boydstun Bald a copy of the Police Department recommendations was given to the
Commission this morning.
Kevin Carrigan, Redevelopment, said the Redevelopment Commission did not have the benefit of being
able to consider those conditions at ~ lair meeting last Wednesday. We met at a staff level yesterday
moming to try to work out some compromises on a few of these condftions. Redevelopment
Commission did not recommend yes or no on this. Rather, they recommended continuance and their
preference would be that ft be brought back to them so that they could consider those conditions and
actually make a recommendation.
Commissioner Henninger said he would like to respond to this because he thought this response was in
answer to his comments. Hls comment was not about how this new project might operate without
problems; and his concern was how to clean up the problems that exist out there today as soon as
possible. He was not personally willing to entertain a notion to allow anything else until he gets a good
feeling that the applicant's heart is in the right place wfth regard to solving these problems, and he did
not have that today.
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Commissioner Mesas said he thought that he would Tike to hear from the Police Department to see if
they think that further meetings might help in this case. '-'
Jim Gandy, Vice Detail, Poilce Department, said they had a meeting yesterday with the applicants in this
case and have gone over the concems the Police Department has and he did not think that the Police
Department could have put the concerns that the citizens have already in more passionate terms. He
has had personal contact in some of those drug deals they are talking about. Their concern is that ttds
is a problem location and the people hang out there, and h is one of many in the city.
As a point of information, effective January 1, 1995, there Is a new state law that goes Into effect and
Alcoholic Beverage Control is going to have much more say over the licensee for the conduct that
occurs outskle his business. Effective January 1, 1995, a place like this will be held to task by Alcoholic
Beverage Control with the possibility of losing their liquor license H they allow loitering, urinating, etc.
plus, comments by the peopie hanging around outside to passers-by, whatever. Police will be looking at
these problems more closely at all places where this occurs.
He agreed with Mr, Kang that maybe he should not be chasing these people from In front of his store off
with a baseball bat, but maybe getting a security guard out there to get the word out to the people in
the neighborhood that they are not going to stand for this anymore will help. They don't want people
hanging around, loitering around the front of their business and k doesn't take long for that word to get
out. Something like that might be beneficial, and maybe after some length of time, they could come
back and be more favorable.
He stated the Police Department's postion is that there is an existing business there; there are no
condftions placed on that business; it is operating in a way that is detrimental to the neighborhood; but
it is something that really can not be addressed propedy right now. If the conditions they have asked
for on the new proposal are placed on that business, they would be in a better position to take action
against the owners. Their postion Is 'yes' they would like to see condftions placed on this business. He
added he wasn't aware that this business had a full liquor Ilcense and would add another condition on to
those we have already submftted. That is a condftion for the sale of single bottles or cans and that goes
along with the liquor as a condftion that no alcoholic beverages should be sold in containers less than
750 milliliters in volume, He explained that is the size they call 'air line containers', the small bottles you
get on airplanes. A customer would have to get a larger bottle, and couldn't buy the little ones.
Commissioner Peraza said he agrees with Commissioner Henninger that we can not support this
proposal, even though a new building would upgrade the area, unless we start taking care of the
problems that are there now. He suggested perhaps a security guard be required at this business to
take care of some of the problems. He added he would like to see a continuance of this matter.
Commissioner Masse asked K there is anything to stop the present ownership from cutting off the
telephones now?
Commissioner Mayer suggested that they could rent a portable to(iet ff there Is a problem.
Commissioner Caldwell said that 27 years ago he lived on the comer of Santa Ana Street and Kroeger in
the apartment building that facad the railroad tracks, with his pregnant wife and baby son, and that place
was scary then and you didn't go near ft. It hasn't changed and his heart goes out to the folks that live
near ft. He has lived in downtown Anaheim most of his 1Be and he doesn't know how long the pres6~t
owners have owned the store, but he agrees with Commissioner Henninger that until we see some
resolution of these problems, he would not vote for anything to be changed on this place of property,
other than to bulldoze what's there do•+un and leave ft vacant. It's an absolute detriment to chat
neighborhood and changes have got to be made. He added we are losing ft in the downtown area of
Anaheim, and these are Just the type of things that make life absolutely miserable. We need to see
~'"~ Page 30
11/30/94
i
some changes and need to see them done quickly and then he may conskler voting In favor of the
~~ proposal.
Commissioner Messe asked when the next Redevelopment Commission meeting Is scheduled and it was
stated they would meet a week from today.
Commissioner Peraza said het' aught ff the Redevelopment Commission is going to be meeting on this,
they should be made aware of the Planning Commission's feeling about the things that are happening
there and they should take action too.
Jonathan Borrego said that for Planning Commission's information, he wanted to mention that the
existing business there Is operating under an old Condftional Variance and In reviewing the resolution
granting that use variance, there are some conditions that were attached to the original operation that
might pertain to some of the comments that have been made today by some of the residents. He read
the condtions contained in Resolution No, 1534 for the record as follows:
Condition No. 1 - That said business shall be operated in accordance wfth all laws of the State of
California, and ordinances and regulations of the City of Anaheim.
Condition No. 3 - That the appearance of said real property, Including all buildings and Improvements
thereon, shall be kept and maintained in a satisfactory appearance in keeping with
the uses herein permitted.
Chairwoman Boydstun asked Mr. Kang how much time he needed to secure a security guard during the
problem hours to get this cleaned up?
Mr. Kang responded that he did not know if they could flnanclally do this on a permanent basis. The
problems already existed when we bought the property four and a half years ago. He knows that they
have to go now, b~rt he doesn't know what they can do to clean ft up. He was concerned about hiring a
security guard to be there for the eight hours they are open, and Just stand outskle and chase the
people off.
Chairwoman Boydstun asked if maybe there were just certain hours of the day they would need a
guard? She suggested that the phones outside the business be removed.
Commissioner Caldwell said if ft is Impossible for Mr. Kang to run his business wfthout ft being a
detriment to the health, safety and welfare of the neighborhood, then he would certainly be in favor of
saying that maybe Mr. Kang shouldn't run that business at that location. He added that is the bottom
Ilne; that the neighborhood Is more Important to him than Mr. Kang's business. He stated he would like
to see this business be an attribute to the neighborhood, and ft should be a convenience rather than
such a negative Impact. If ft Is impossible to do that, he would say the Commission should probably
start heading In another direction, at least, he would like to head in another direction.
Commissioner Taft said from a business point of view, Mr. Kang needs the revenue from that use to
Improve the property. Maybe bringing in more revenue is part of the solution and then he could have a
security guard. He asked Mr. Kang H he would be able to hire a security guard wfth the addition of the
laundromat?
Commissioner Henninger said he would like to get a feeling and a start on a solution to this problem
before going on with something that could be efther better or worse. He was not comforted by the
response 'no, we can't do anything '. If that is the answer, he will probably agree wfth Commissioner
Caldwell.
Page 31
11/30/94
4
Commissioner Tait indicated he felt, Initially, that part of the solution might be approval of this process
wfth condftlons.
Discussion continued on the fact that these problems have existed for a long time, that ft is an eyesore,
and that the new owners, the Kangs, want to change ft and have a building and business they could be
proud of, but a solution to the problem needs to be found, speciFlcally the lotering and drinking that
goes on there, and that has gone on for at least 27 years.
Commissioner Mayer saki there are some simple things the Kangs could do to demonstrate goad faith,
and one is to remove the telephones; and rent a portable toilet which is not expensive and that there Is
plenty of open space to put ft on. They could also take down the check cashing sign because ft sounds
like that attracts people who aren't buying much, but getting ready cash and then they stand around.
They could hire a security guard on a minimal basis for the key problem times for a few weeks, and
they could do all these things wfthout Commission doing any thing. It could happen by this wsekend.
Commissioner Caldwell suggested that in order to minimize the problem of people loitering is to stop
cashing payroll checks of employees from those two business right there, whlcl~ would not stop them
from cashing the checks of the residents. He thought a lot of what goes on there is the three shKts
going over there and buying a six pack on payday and hanging out In the lot. He thought a surrey
should be done, but ft isn't safe and we don't want to go over there and the owner doesn't want to die.
Commissioner Mayer said she wanted to commend the neighbors for what they have done and for
coming out and she would also suggest that if they sincerely feel that the majority of people are from
Qulkset; that she has found that they are a very good employer, a good business in Anaheim and it
might be worth their while to have a talk wfth their company personnel about some sort of an education
program, fF, in fact, sincerely that is where the problem is coming from. They are a good Anaheim
company and they might not be aware of ft.
Chairwoman Boydstun asked the applicant if he would like a continuance for two weeks and see if some
of these things could be done tomorrow that would Improve ft over there. Further discussion from other
Commissioners and Kevin Carrigan indicated that two weeks is not long enough, and that the
continuance should be for at least a month. There will not be a meeting on December 28, 1994, so that
would continue this to the first meeting in January, 1995.
Commissioner Henninger moved that this hem be continued to the Planning Commission meeting of
January 9, 1995. Motion seconded and carried.
Chairwoman Boydstun said the public hearing will then be re-opened so that the Commission can talk
wfth applicant and see what has been done.
Commissioner Caldwell suggested that those neighbors who were present today come back on that
date so that they will know what is happening.
There was a question from the audience regarding the access to the alley between Water and Ellsworth.
Chairwoman Boydstun said ft was her understanding from the plans presented that the alley will be
closed.
Jonathan Borrego said that access to the alley would remain open during business hours.
Perry Barft, archftect, stated them is an existing alley abutting saki property. There will be a gate that
will be controlled by the Fire Department If the Fire Department says shut ft, lock ft, they will do ft.
Chairwoman Boydstun answered a member of the audience that the gate would be locked wfth a "knox
Page 32
11/30/94
box" for the Fire Department.
Commissioner Henninger Interjected that this item has been continued and that Is a subject of a new
hearing. He added he hoped the Kangs would have a chance to make some of these corrections and
begin to solve these problems and that some progress has been made by the limo this is heard again.
For Instance, Commission would like to see that a security guard has been hired at least for this Interim
period, and he thought that Is a good way to get started on this.
Chairwoman Boydstun added they should get rkl of the phones and the check cashing sign.
Commissloner Caldwell saki not to Iimft Commission's options -let's see If we can't have the
neighborhood and store all live together and do something unprecedented In that area.
ACTION: RE-OPENED PUBLIC HEARING
Continued subject request to the January 9, 1995 Planning Commission meeting in
order for the applicant to meet with pollee department staff to try and resolve the
nearby residents' concerns.
VOTE: &1 (Commissloner Boydstun No)
COMMISSION TOOK A BREAK - 4:40 TO 4:47 P.M.
Page 33
11/30/94
~, rEQA NEGATIVE DECLARATIQN Approved
6b. CONDITIONAL USE PERMIT NO.3731 Granted for 1 year
(to expire 11-30.95)
OWNER: DON S. KIM, 969 La Paz Rd., Placentia, CA 92670
AGENT: SE BANH, 1652 W. Lincoln Ave., Anaheim, CA 92801
LOCATION: iy5~ West Llncoln Avenue. Property is approximately
1.3 acres located on the south side of Llncoln Avenue
approximately 440 feet east of the centedine of Euclid
Street.
To retain the on-premise sale and consumption of alcoholic beverages
wfthin an existing restaurant.
CONDITIONAL USE PEf;MIT RESOLUTION N0. P 94160 _
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
Narman W. Johnson, agent, 7339 Singingwood Drive, Anaheim, stated Mr. Bahn has been a resident at
that address for 17 years, and is block captain in the Neighborhood Watch Program and a business
broker. Mr. Bahn has owned the Time Out Bar for a year. At the time he purchased the bar he was told
that he did not need a condftlonal use permft. Mr. Bahn has been successful wfth a Chinese restaurant
in Westminster but he does not do a good job wfth the Tlme Out as far as the food is concerned and he
wants to sell the bar and they are in escrow; they cannot complete the ABC process until they have the
condftlonal use permft to serve other than beer and wine so the new owner can get a business license.
They were very surprised when they applied for a business license and was told a condftlonal use permit
was required as the bar was only licensed for beer and wine. When Mr. Bahn bought the bar he was
told that a conditional use permit was not needed.
Chaiwoman Boydstun asked ft Mr. Bahn Just served beer and wine?
Mr. Johnson said Mr. Bahn has a full cocktail license and ft has been like that for the last ten years. It is
a "47" license which Is cocktails and food. He has been operating wfth a dinner dance license and the
new owner will put in a full service kftchen with a full service menu and add Mexican food. Mr. Bahn has
always served food but his expertise is more in Chinese food than sports bar type food. He has been
serving sandwiches and chicken wings and hamburgers and that type of food. The bar has operated as
a restaurant wfth cocktails for ten years. There will be a greater emphasis put on food and that is the
point he is trying to make. A condftlonal use permft Is needed so that the new owner can gat a
business license.
Mr. Johnson explained he is the agent for Mr. Bahn, the present owner of the bar; and that the new
owner's name is KarbaJal.
THE PUBIJC HEARING WAS CLOSED.
Chairwoman Boydstun asked Mr. Johnson if he was aware of the report from the Police Department
Page 34
11/30/94
which the Commission received. She further indicated that the CUP was for a restaurant and ff was not
® operating as such.
~~ `` Mr. Johnson responded that he said the same thing to Officer Gandy and that he does go over there
occasionally and has a paths melt. Mr. Gandy says that he has been there a couple of times and they
did not serve food and that is not accurate.
Investigator Jim Gandy, Police Department, skated this location, for some time, has been known to the
Police Department to not really truly being operated as a restaurant. They recently applied for the
transfer of the liquor license from ane person to another and that he requested one of the other
investigators to go Into this location to determine ff food Is being served. He went nt+. t!:ree separate
occasions and on all three occasions was denied food. This was during normal business hours when
food should be served. All three of those tunes were documented and they were sent to the Alcoholic
Beverage Control Board who was In the process of filing an accusation against the Ilcensa for failure to
abide by the condition of it being a restaurant. He explained he has only been in this place a few times
and has never seen anyone eating in there.
Commissioner Henninger asked staff to explain how a dinner dance permff works and what is allowed.
He asked what sort of process they go through to get one? He wanted an explanation because
Commission doesn't see those requests since they are done by the City Council. He just wanted to
understand how one gets a dinner dance permff and what conditions are typically put on one.
Jim Gandy, Police Department, explained a dinner dance permk is an application that goes thrcugh the
business Ilcensa process. It requires that the location be a restaurant serving food of a substantial
nature. The AMC delineates exactly what food of a substantial nature is and basically ff Is food that has
to be consumed wffh utensils, and cannot be easily consumed while walking around, Tike s ho: dog or
hamburger. There are limitations on the hours of operation for a dinner dance, and he believed ff is 7
r- p.m. until 1:3D a.m., but it must be in conjunction with a restaurant. They cannot charge admission to a
dinner dance.
Commissioner Henninger asked ff that included live entertainment or does a dinner dance Imply live
entertainment or does that mean ff can be a disco?
Jim Gandy said ff is up to the applicant as to what they have for dancing. A few years ago they
required an entertainment permft in conjunction wfth a dinner dance ff they wanted to have a live band;
but since the dinner dance required music, as long as the band or music Is In conjunction wfth the
dinner dance, a live band is permitted.
Alfred Yaida, Principal Transportation Planner, wanted to call attention to the applicant that Traffic
Engineering is requesting that he close one of the driveways and also bring the parking lot up to the
current code, polmmg out they do not currently meet the parking requirement, i.e. compact and
handicapped spaces.
Commissioner Masse asked about parking lot landscaping.
Jonathan Borregc said the parking lot landscaping dons not meet node, but In this sort of application,
we wouldn't typically require an upgrade to meet current standards.
Commissioner Masse asked ff staff would require that parking lot landscaping on a new condfflonal use
permff?
Mr. Borrego stated that unless there are physical Improvements being made to the property, such as
expansion of the building, upgraded landscaping would not be required. Of course, the Commission
dt"~ Page 35
11/30/94
could add that as a condftion.
Chairwoman Boydstun asked how Commission can make a decision on this with the condftfons about
food and the restaurant, pointing out this man is selling ft and the Commission has to know ff the new
owner is going to agree to ail of these things. It has to be a restaurant.
Commissioner Mayer asked ff the applicant is actually Juan Karabal and ff Mr. Johnson is authorized to
make decisions on his behalf? She stated Mr. Karbajai Is not present and she wanted to know fF
Commission were to impose certain condftfons, could Mr. Johnson agree to those on his behzl."i
Mr. Johnson said that Mr. fCarba(al intends to put a full service kitchen in there and he is In escrow to
buy the business.
Commissioner Henninger sold that Commission could condition the property and ff he is in escrow, the
outcome of that might be that he won't buy ft.
Mr. Johnson said that they have to get the conditional use permit so that he can get a license to
operate.
Mr. Borrego stated for the Commission's Information, staff has not had any contact wfth Mr. i(arbajal.
Chairwoman Boydstun asked if Mr. Karbajal was aware of all .~ the conditions that he has to meet.
Mr. Johnson responded that Mr. Karbajal has talked with the ABC, and he believed that he has talked
with Jim Gandy.
Chairwoman Boydstun said there are 14 condftfons he is going to have to meet and requiring him to
~~ : serve food is Just one of the conditions.
Commissioner Henninger sold those condftfons are not actually in the staff report yet. He asked Mr.
Gandy iF ft would be appropriate to take all 14 condftfons of his letter to the ABC and add those as
conditions to th(s CUP?
Mr. Gandy said ABC sometimes asks for ~ddftional conditions on the alcoholic beverage control license.
He has talked wfth ABC and has been Informed that they have talked wfth Mr. KarbaJla and that he has
ayreed to all of these conditions. The Police Department does have some concerns regarding this,
noting that Mr. Karbajal currently owns a bar in the 1500 block of East Lincoln and does not serve food
at that location and also has a pool room permft, wfth three pool tables. Now he is opening this one
and he says ft is going to be a restaurant. He has promised that he will abide by all of these conditions
for him to be a restaurant, but from past history, the Police Department would have some concerns
about that.
Commissioner Caldwell asked if the Police Department conditions are enough so that Commission could
feel comfortable if they should approve this CUP? He added (f this Is approved, he would like to see a
one year time Iimft so that if he is not operating ft as a restaurant as promised, ft could be reviewed at
the end of one year period.
Commissioner Messe interjected that Commission does not have to waft a year and if these are the
conditions on the CUP and he does not abide by the condftfons, they can review it at any time.
Commissioner Henninger said perhaps there are three addftional conditions which would help in this
regard: 1) that typical condftion about paying for Code Enforcement inspections ff ft becomes necessary.
2) the time Ilmit; and 3) ff there became a security problem, we could ask them to provide on-sfte
Page 36
11/30/94
security. (Commissioner Messe interjected that is already Condition No. 8.) Commissioner Henninger
said that condition referred to entertainment and he Is talking about requiring on-site security as
recommended from time to time by the Anaheim Police Department, ff they determined that it fs needed.
Commissioner Messe asked ff they would be required to pay for a monthly, random Inspection by Code
Enforcement?
Commissioner Henninger replied: 'no". He explained they would for any necessary Code Enforcement
inspections and Code Enforcement can do what they like out there.
Chairwoman Boydstun thought they would have to tell the applicant how often and when the inspections
would be made, and that the Commission could Include In the condkion that they do it monthly.
Commissioner Messe suggested that monthly inspections be made for that one year because wo are
talking about a one year CUP.
Commissionor Henninger stated approval of this CUP would include ail of the condffions mentioned, plus
the three that he Just mentioned. Also, he would amend Condition No. 8 of the letter to read "to provide
on-ske security from time to lime as established by the Anaheim Police Department'. Then ff secrefty is
needed for entertainment and dancing, the Poiice Department can tell them, and ff it turns out there is a
more extensive problem, the Police Department could specffy a longer time that security Is needed.
Jim Gandy, Police Department, said the municipal code permff process for getting the entertainment
permit, is almost verbatim from the application. They normally only require ft during the times that the
entertainment is being provided, unless h appears there Is a congregation or some type of problem.
Although the municipal code spells out that they are supposed to meet with them and put a number on
ft, their history has been to leave ft up to :t.am to get the proper number of security guards.
Commissioner Henninger said he is trying to give the Police Department the ability to expand the
amount of security that might be required; and the time period ft is needed.
Chairwoman Boydstun suggested that Commission Just add "on-site security as needed per Anaheim
Police Department". That way, ff ft is felt it is needed, the Police Department could request ft.
Selm2 Mann, City Attorney, referred to Condition No. 8 on Page 4 and asked ff this is going to be made
a one year conditional use permft, which means that ft will expire at the end of that time. This is a new
conditional use permft, and she thought there could potentially be legal issues ff the City were to require
them to terminate their pre-existing use permfts in exchange for a temporary use permit which would
then expire in a year's time which would than leave them wffh no use permft at all. She suggested
CondRion No. 8 either be rephrased so that in a year's time ff they are permitted to continue in
operation, possibly than to request the termination of the earlier use permfts. That Is, at the end of one
year, Commission can request the termination of the existing use permfts, but nUi at this time.
Commissioner Henninger moved for a CEQA Negative Declaration. Motioned seconded and passed.
(Findings in Paragraph No. 11 of the staff report.)
Commissioner Henninger offered PC Resolution No. 94.160 granting Conditional Use Permit No. 3731 for
a period of one year wkh the following changes to conditions:
Modified Condition No. 8 to read:
5. That the petftioner shall furnish the Planning Department wfth proof that the
existing 'Vuing sign" attached to the shopping center identification sign is legally
~..~ Page 37
11/30/94
permkted or k shall be removed.
6. That the owner of subject property shall submk a lettor requesting termination
of Condkional Use Permk Nos. 104 and 1765 to the Zoning Division ff
Condklonal Use Permk No. 3731 is extended for more than one year.
Added the following condkions:
That the property owner shall pay for monthly Code Enforcement Inspections.
That them shall be no pod tables or coin-operated games maintained upon the
premises at any time.
That food service with an available meal shall be available up until closing time on
each day of operation.
That subject alcoholic bevarage license shall not be exchanged for a public
premises type license nor operated as a public premises.
That the sale of beer and/or wine for consumption off tho premises shall be
prohlbked.
That the quarterly gross sales of alcohoic beverages shall not exceed the gross
sales of food or other commodkies during the same period.
That entsrtainment provided shall not be audib'e beyond the area under the control
of the license.
That the door(s) shall be kept closed at all times during the operation of the
premises except in cases of emergency and to permk deliveries.
At any time the premisses is providing entertainment and/or dancing, the petkioner
shall provkle a sacurky guard in the parking lot and shall maintain order therein and
prevent any activity which would interfere wkh the quiet enjoyment of their property
of nearby reskfents. Such security shall be provkled as deemed necessary by the
Anaheim Police Department.
That there shall be not exterior advertising of any kind or type, Including advertising
directed to the exterior from wkhin, promoting or indicating the availabilky of
alcohoic beverages.
That no alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the contrd of the licensee.
That the parking lot of the premises shall be equipped wkh lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of all
persons an or about the parking lot.
That lighting in the parking area of the premises shall be directed, poskioned and
shielded In such a manner so as not t~ unreasonably Illuminate the window area of
nearby resklences.
That the petkloner shall be responsible for maintaining a Ikter free area adjacent to
1^'~ Page 38
11/30/94
the premises over which he has control.
That the pettioner shall not employ ar permft any person to solicft or encourage
others directly or Indirectly, to buy them drlnks In the licensed premises under any
commission, percentage, salary, or the profit-sharing plan, schemed or conspiracy.
Selma Mann, City Attorney, refereed to Condftion No. 5 requesting that the petitioner fumish proof that
the existing wing sign attached to the kJenrlflcation sign is legally permitted. She suggested the
Commission may wish to add language as to what is to be done iF they cannot provkle such proof. If
the intent is for that wing be removed, possibly that should be added.
Comndssioner Henninger saki it is to efther be properly permrited or ff that is not possible, removed.
Mr. Borrego said he wanted to make sure that the applicant realizes that before the Planning Department
signs any sort of affidavit from ABC authorizing this use, all the condtions that are listed in the staff
report and the conditions from the Police Department have to be compiled with. Time may be a factor
here because the business is in the process of changing hands. He stated this Conditional Use Pernik
would not become effective until all the conditions have been met.
The Resolution passed wfth 7 yes votes.
Selma Mann presented the written right to appeal the decision wfthin 22 days to the City Council.
Mr. Johnson said that they already have an affidavft signed by the Zoning Division on August 26, 1994, ~
which they have submitted to the ABC.
~_
. ` '~,
U Page 39
11/30/94
7a. CEOA NEGATIVE DECLARATION
7b. WAIVER OF CODE REQUIREMENT
7c. CONDITIONAL USE PERMIT NO. 3729
Approved
Approved
Granted
OWNER: HELMUT FETTER & RUTH FETTER, 222t E. Vermont
Avenue, Anaheim, CA 92806
LOCATION: 821-C North Euclid Street. Property Is approximately
0.78 acre located on the west skfe of Euclkl Street and
approximately 130 feet north of the centerline of
Glenoaks Avenue.
To permit the on-premise sale and consumption of beer and wine in
conJunction with a proposed full service restaurant and with waiver of
m(nimum number of parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO. PC94161
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
Alon Label, one of three partners wishing to open a Brazilian restaurant at 821-C North Euclid, explained
this will be a tar~ily buffet type restaurant that will be open far lunch and dinner serving tradftlonal
Brazilian foods and barbecue meats. It will be open except for Friday and Saturday nights, from about
11:30 a.m. to 2:30p.m. and again from 5:30 to 9:00 p.m. They do want to serve beer and wine, but will
primarily be a restaurant. He did not foresee any problems wfth the condftlons requested by the Police
Department. He thought their business will enhance whatever other businesses are already in that
location.
Helmut Fetter, owner of the property -they are asking for this CUP and feel that ft ft Is granted, ft will
enhance the property. There is a 25% vacancy and only about 40% of those in the center do not pay
the rent.
THE PUBLIC HEARING WAS CLOSED.
Chairwoman Boydstun said the Commission does not have a copy of the condftlons from the Police
Department.
Officer Gandy said that after the meeting this morning, Officer Walker thought the Commission might be
amenable to this type of operation, even though the Police Department would not be in favor because of
the number of crimes that occur in this area and the number of ABC licenses already Issued there. The
Police Department does have a standard set of conditions that they like to put on restaurants to ensure
that they become restaurants. He read the condftlons Into the record.
Mr. Label said he has a problem with a few of those conditions. If they should open on Friday and
Saturday nights and stay open to mid-night, he does not want to stop serving alcoholic beverages at
9:00 p.m. Br^.zillans like to eat late and they expect that those nights, the customers would be coming
0.,~
Page 40
11/30/94
in at 9 and 10 p.m. for dinner and should have the prNilege of enjoying the liquor. It's part of the
business.
' Officer Gandy sa(d that seemed reasonable to him.
Mr. Lebel continued that they do not Intend to have any loud music; that part of the tradition of a
Brazilian restaurant is to have soft music, and that ff would be nonamplifled music, Just a guNar being
played in the background. He didn't see any problem with that, and he thought that Officer Gandy did
not see a problem with h efther.
Officer Gandy said that after discussing that with Mr. Lebei he did put that wording In the condffion.
Originally the wonting of the condition referred to said 'no live entertainment' and it has been changed
to 'no Ifve amplified entertainment'.
Discussion on the hours of operation and hours for serving alcohol resulted in the condition being
amended to allow serving alcohol until 9 p.m. on weekdays and 12 p.m. on Fridays and Saturdays.
In response to a question from Commission, Officer Gandy said that the Police Department would be
protesting this request to ABC because of the excessNe amount of licenses and the crime rete in that
area.
Commissioner Caldwell asked ff that Is because of the area or ff ft is automatically protested.
Officer Gandy explained the number of licenses issued in an area is based on the population and the
crime rate is based on the number of crimes reported, ff that exceeds 20% of the crime rate and there is
a certain number of people, 1377 population Justffies one restaurant with an on-sale license. Dividing the
population by 1377 gives the number allotted. If it exceeds that number, the Police Department has the
right to protest. The applicant has a right to have a hearing on the protest and to tell ABC why he
should be Issued a license over and above the number that already exists. In response to a question
from Commission, Officer Gandy said their protest to ABC could hurt the applicant. If the applicant can
Justify his application for a license, ABC will grant ff, regardless of the protest. When asked how many of
the licenses are for restaurants, the answer was that ABC doesn't differentiate that way, they are all on-
sale licenses.
Chairwoman Boydstun said ff would be better to have a restaurant wfth beer and wine and close a
couple of the bars, as she feels that the bars wilt be the businesses that will cause the problems.
Officer Gandy said that the Cffy's method of determining the number of on-sale licenses in a specfffc
area is because ABC does not have any crfteria or limit on the number of on-sale licenses Issued in the
county. The number of on-sale full liquor licenses is tied to the population of the county; beer and wine
has no limit. This way the city has the right to say, "that's enough, we don't need any more."
Commissioner Taft asked ff in Mr. Gandy's opinion this Iicsnse would be a detriment to the cityl
Discussion ensued regarding the method by which the Police Department makes it decision to contest
the Issuance of an ABC license. It appears that the applicant Is being put In a state of 'double Jeopardy'
and perhaps the City Council should review the method used by the Police Department. If one or any of
the applications contested by the Police Department is approved, maybe the response from the Police
Department should be to not protest. They questioned whether Commission could make that Inquiry of
the City Council, or ff perhaps a letter could be sent to the Mayor or City Council.
Commissioner Messe suggested conditioning the approval of this CUP on requiring that the employees
park in the back parking lot because of the limited amount of parking in the front.
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r
Mr. Fetter said the lease agreement provkJes that ff this CUP is not granted, Mr. Lebel would withdraw
from the deal. it is very important to know ff the CUP is going to be granted.
Commission responded that the CUP may be granted, but that they still have to get the license from
ABC.
Commissioner Henninger moved to approve a CEQA Negative Declaration. Motion seconded and
passed. (Findings In Paragraph No. 10 of the staff report.)
Commissioner Henninger moved to approve the waiver of code requlrement because of the analysis
made from the parking study. (Findings In Paragraph No.15 of the staff report.)
Mr. Borrego pointed out there was a recalculation of the actual perking requlrement that's listed In
paragraph number 8, page number 2 of the report, and the 2240 square feet of office area, actually
should have been 4 spaces per thousand, Instead of 5.5. So that actually does lower the required
parking from 82 spaces required far the center to 79. He wanted to point that out so that h gets in the
resolution.
Commissioner Henninger offered PC Resolution No. PC94-161 grant(ng CondRional Use Permit No. 3729
with the following added conditions:
That sales, service and consumption of alcoholic bevereges shall be permitted only
between the hours of 9:00 a.m. to 9:00 p.m Sunday through Thursday and 11:30 a.m. to
midnight Frklay and Saturday.
That there shall be no bar or lounge area upon the licensed premises maintained for the
purposes of sale, service or consumption of alcoholic beverages directly to patron for
"- consumptlon.
That food service wfth available meal shall be available up until closing time on each day
of operation.
That subJect alcoholic beverage license shall not be exchanged for a public premises
type license nor operated as a public premises bar.
That the sale of beer and/or wine for consumptlon off the premises shall be prohibited.
That the quarterly gross sales of alcoholic beverages shail not exceed the gross sales of
food or other commodities during the same period.
That there shall be no Ifve amplified entertainment, or dancing permitted on the premises
at any time.
That the door(s) shall be kept closed at all times during the operation of the premises
except in cases of emergency and to permit deliveries.
That there shall be no exterior advertising ~f any kind or type, Including advertising
directed to the exterior from within, promoting or indicat(ng the availability of alcoholic
beverages.
That there shall be not pod tables or coin-operated games maintained upon the
premises at any time.
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That no alcoholic beverages shall be consumed on any property under the control of the
applicant.
That the portion of this permit regarding the sales of alcohol shall expire one year from
the date of approval unless a valki license has been Issued by the Califomla Department
of Alcoholic Beverage Control.
That the employees shall park in the rear parking lot.
NOTE: 7-0
Commissloner Henninger asked fs there is a report to City Council on these meetings. I
Greg Hastings, Zoning Manager, suggested the best way to approach this Issue Is to ask the Chief of
Folice to come over and discuss the Issue and then he can take that directly to Cfty Council.
Commissloner Henninger saki that would be all right.
Selma Mann presented the written right to appeal the decision wkhin 22 days to the City Council.
MOTION: Commissioner Henninger offered a motion, secocded by Commissioner Caldwell and
MOTION CARRIED that the Anaheim City Planning Commission does hereby request
that the police chief attend an upcoming Planning Commission workshop to discuss
policy and procedures pertaiNng to the Police Department's responses to ABC license
requests.
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. ,~ .
i 8. REPORTS AND RECOMMENDATIONS:
A. RECLASSIFICATION NO.91-92-23 AND CONDITIONAL USE PERMIT Approved
NO.3524 - REQUEST FOR RETROACTIVE EXTENSION OF TO TIME (to expire 6.29.95)
TO COMPLY WITH CONDITIONS OF APPROVAL: Chander Shames,
16225 Aurora Crest Drive, Whittier, CA 90605, requests a retroactive
extension of time to comply wfth conditions of approval for
Reclassification No. 91-92-23 (to reclassfty subject property from the CR
(Commercial Recreation) Zone to the RS-7200 (Resident(al, Single-family)
Zone and Condftional Use Permft No. 3524 (to permft a church wfth on-
sfte pastoral unft) to expire June 29, 1995. Property Is located at 899 S.
West Street.
B. CONDITIONAL USE PERMIT NO. 3664 -FINAL PLAN REVIEW OF Approved final plan
AUTO DETAIL AREA: Eric Ahn, 5810 East La Paima Avenue, Anaheim,
CA 92807, requests final plan review of auto detail area for Condftional
Use Permft No. 3664 (to expand existing car wash to include an auto
service facility). Property is located at 5810-5940 East La Palma Avenue.
MEETING ADJOURNED AT 5:35 D.m.
TO THE DECEMBER 12, 1994 PLANNING COMMISSION
MORNING SESSION AT 11:00 a.m.
Respectfully submftted,
Edfth L. Harris, Secretary
Anaheim City Planning Commission
a~,+,
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