2003/12/02
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
REGULAR ADJOURNED SESSION
DECEMBER 2, 2003
The City Council of the City of Anaheim met in adjourned regular session. The Notice of
Adjournment was posted at 3:00 P.M. on December 2,2003 on the exterior door of the Anaheim
Council Chambers, announcing the adjournment to 4:30 P.M. due to a lack of quorum.
PRESENT: Mayor Curt Pringle, Council Members: Shirley McCracken, Bob Hernandez, Tom
Tait, and Richard Chavez.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll
Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on November 26,
2003 at the City Hall outside bulletin board.
Mayor Pringle called the regular adjourned meeting to order at 4:37 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONSIDELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS. CLOSED SESSION: None
Mayor Pringle recessed to closed session at 4:38 P.M. for the following purposes:
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: International Brotherhood of Electrical Workers, Part-Time
Customer Service Employees.
2. CONFERENCE WITH LEGAL COUNSEL. EXISTING LITIGATION Subdivision (a) of
Section 54956.9 of the Government Code
Name of case: Vista Media Group, Inc. v. City of Anaheim, Orange County Superior
Court Case Nos. 81-40-50 and 00CC08157
AFTER RECESS:
Mayor Pringle called the regular Council meeting of December 2,2003 to order at 5:30 P.M.
and welcomed those in attendance.
INVOCATION:
Reverend Mary Hibbard, Anaheim United Methodist Church
FLAG SALUTE:
Council Member Hernandez
RECOGNITIONS: The following recognitions would be presented at a later date:
Proclaiming December 2003 as California's Drunk and Drugged Driving (3D) Prevention
Month.
Recognizing Police Chief Roger Baker
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 2
Mayor Pringle recessed the City Council meeting at 5:33 P.M. to call to order the Anaheim
Redevelopment Agency.
Mayor Pringle reconvened the City Council meeting at 5:38 P.M.
ADDITIONSIDELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade related Police Department concerns.
George Maclaren, resident, expressed concern that members of the Anaheim Senior Club
using the Center Street parking facility had limited parking access for seniors with walking
difficulties. Mr. Maclaren indicated the fourth floor of the Center Street structure was being
leased to a firm for the parking of repossessed vehicles and the proposed development of
disabled parking spaces for the west side of Philadelphia Street had been pushed back to April,
2004 which exacerbated the parking problems.
City Manager Dave Morgan responded to Mr. Maclaren's comments. He stated the City was
actively working on a solution to the parking concerns and since speaking to members of the
Senior Club within the last thirty days, City employees no longer park on the first or second level
of the structure to preserve those spaces for seniors. Mr. Morgan also indicated the
Philadelphia Street parking plan was underway. Additionally, he stated the City had acquired the
Willdan building next to City Hall and after Willdan relocates, much of the parking that was
currently being used for that building would no longer be necessary and more parking spaces
would then be available for seniors. Mr. Morgan remarked the leasing of the fourth floor of the
Center Street structure allowed the City to earn revenue to help maintain the parking structure.
Mr. Morgan recommended a meeting with Mr. Maclaren to understand his concerns and to fully
explain the City's plans. A follow-up report would be provided to Council by the next meeting,
including progress on the Philadelphia Street parking.
CONSENT CALENDAR:
Council Member McCracken withdrew item A8 from the consent calendar for separate
discussion.
Council Member Hernandez moved approval of Consent Calendar Items A1- A14, seconded by
Council Member Chavez, to waive reading in full of all ordinances and resolutions and to
approve the following in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes-5;
Mayor Pringle, Council Members Tait, Hernandez, Chavez, and McCracken. Noes - O. Motion
carried.
105
A1.
Receive and file minutes of the Budget Advisory Commission meeting held May 14,
2003.
160
A2.
Accept the low bids and authorize the Purchasing Agent to issue purchase orders to
McCain Traffic Supplies, Inc., in the amount of $29,999 and G.D.1. Communications,
llC., in the amount of $73,380, respectively (plus applicable tax), for the purchase of
frequency shift keying modems and racks for Public Works, Traffic Engineering in
accordance with Bid #6338.
160
123
158
158
123
1)3
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 3
A3. Accept the low bid of George Chevrolet and authorize the Purchasing Agent to issue a
purchase order, in the amount of $30,277.90 (plus applicable taxes and fees), for the
purchase of one one-ton four-wheel drive truck for the Fire Department in accordance
with Bid #6428.
A4. Approve and authorize the Director of Public Works to execute Contract Change Order
No. 1 and any related documents in favor of All American Asphalt, in the amount of
$25,906.59, for the Orangewood Avenue Street Improvements.
A5. Approve the Purchase and Sale Agreement of Remnant Parcels with Salvador Orozco
and Lorena Orozco, in the amount of $31,000, and approve Grant Deeds for the sale of
real property located southwest of Illinois Street and Vineyard Avenue.
A6. Approve and authorize the Community Development Executive Director to execute the
Purchase and Sale Agreement between the City, as buyer, and The Apostolic Assembly
of Faith in Jesus Christ, Inc., in the amount of $350,000, to complete the acquisition of
1104 North Homer Street (La Park Expansion Project).
A7. Approve and authorize the Public Utilities General Manager to execute the following
agreements: an agreement with Department of Energy to receive grant funding, in the
amount of $200,000, for the 200kW Fuel Cell Project at Anaheim Police Department
East Station; an agreement with Department of Energy to receive grant funding, in the
amount of $50,000, for the Sun Power for the Schools Public Solar Education Project;
and an agreement with the American Public Power Association to receive Demonstration
of Energy Efficient Developments grant funding, in the amount of $10,000, for the Power
Quality Pilot Program.
A9. RESOLUTION NO. 2003R-223 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim
Municipal Employees Association, General Unit, and the City of Anaheim.
RESOLUTION NO. 2003R-224 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim
Municipal Employees Association, Clerical Unit, and the City of Anaheim.
A 10. RESOLUTION NO. 2003R-225 RESOLUTION OF THE CITY COUNCIL OF THE
174 CITY OF ANAHEIM approving the application for grant funds for the Murray-Hayden
Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act of 2002 ryvest Anaheim Gymnasium).
174
Authorize the City Manager as the Agent of the City concerning grant program to insure
project completion.
A 11. RESOLUTION NO. 2003R-226 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the applicant to apply for grant funds for the Roberti-
Z'Berg-Harris Block Grant Program under the California Clean Air, Safe Neighborhood
Parks and Coastal Protection Act of 2002.
Authorize the City Manager as the Agent of the City concerning grant program to insure
project completion.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 4
174
A12. RESOLUTION NO. 2003R-227 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the applicant to apply for the Per Capita Grant Program
under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal
Protection Act of 2002.
Authorize the City Manager as the Agent of the City concerning grant program to insure
project completion.
142
A 13. Determine that amendments to the Municipal Code relating to sex-oriented businesses
is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15061 (b)(3) of the CEQA Guidelines.
ORDINANCE NO. 5894 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending various sections of the Anaheim Municipal Code relating to
expressive activity and sex-oriented businesses (Introduced at the Council meeting of
November 18, 2003, Item A25).
114 A14. Approve minutes of the Council meeting held November 18, 2003.
END OF CONSENT CALENDAR:
114
A8. RESOLUTION NO. 2003R-222 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing the days and times of regular meetings of the City
Council.
Council Member McCracken moved to eliminate the June 1, 2004 Council meeting date, to add
the meeting date of June 22, 2004 and to revise agenda calendars approved for the
Redevelopment Agency and Anaheim Housing Authority to reflect the change in meeting dates
for amendment on the December 9, 2003 Agency and Authority agendas; second by Council
Member Chavez. Roll Call Vote: Ayes - 5, Mayor Pringle, Council Members: McCracken, Tait,
Hernandez and Chavez. Noes - O. Motion carried.
150 A 15. Approve the naming of the current Roosevelt Park site as Laurel Park (continued from
the Council meeting of November 18, 2003).
Mayor Pringle indicated there was a policy in place for the naming of City parks which allowed
for naming parks after an adjacent school or for a tree or plant in the park. The policy was
established to provide criteria for naming City parks and to eliminate politics during the process.
Jack Kudron, Community Services Department, added this was a departmental policy followed
when recommending names of City parks to the Council, and that in the past, Council has
chosen to use other than the recommended names. Mayor Pringle requested Council input as
to the inclusion of other criteria for the naming of City parks. Council Member Tait recalled
community concern arising when Washington Park was proposed to be called Colony Park and
supported using the name of Roosevelt Park for this site rather than Laurel Park. The Mayor
pointed out that the proposed Laurel Park site was newly created and had not yet been named,
but had been referred to as Roosevelt Park due to its location on Roosevelt Street. Council
Member McCracken indicated she had received no community input as to naming this park
Roosevelt or Laurel and that using the street name as a way to identify the location of the park
would be helpful to the community. Council concurred that using names that identify a site for a
community, such as the name of the street on which it is located or to honor a United States
President or historical figure was acceptable.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 5
Council Member Tait moved to name the newly created park as Roosevelt Park and with the
concurrence of Council, the motion carried unanimously.
105 A16. Consider appointing a citizen to serve on the Sesquicentennial Commission, term to
expire December 31, 2007.
With the concurrence of Council, Mayor Pringle continued the appointment to December 9,
2003.
105
A17. Consider appointing seven members to serve on the Cultural and Heritage Commission,
each member to serve four-year staggered terms.
Mayor Pringle nominated Mary Ruth Pinson for the term expiring June 30, 2004. With no
objections, Ms. Pinson was appointed.
Council Member Hernandez nominated Charlare Nokes for the term expiring June 30, 2005.
With no objections, Ms. Nokes was appointed.
With the concurrence of Council, Council Member Hernandez reserved the opportunity to
appoint an individual for the term expiring June 30, 2005 at a later date. Also with the
concurrence of Council, Council Member McCracken reserved the opportunity to appoint a
member for the term expiring June 30, 2006 at a later date.
Mayor Pringle nominated Margaret Karcher Leveque for the term expiring June 30, 2006 and
with no objections, Ms. Laveck was appointed.
Council Member Chavez nominated Belal Dalati for the term expiring June 30, 2007. Roll Call
vote: Ayes - 3; Mayor Pringle, Council Members: Tait and Chavez. Abstentions - 2; Council
Members: McCracken and Hernandez. Noes - O. Motion carried.
With the concurrence of Council, Council Member Tait would make an appointment for the term
expiring June 30, 2007 at a later date.
105
A 18. Consider appointing seven members to serve on the Housing and Community
Development Commission, each member to serve four year staggered terms (at least two
appointments must be tenant members and one member from each of the four Neighborhood
Councils).
Mayor Pringle indicated he had sent a letter to the members of the Housing and Redevelopment
Commission thanking them for their service and asked if any members wished to continue their
service to the City in this new capacity. Four of those members expressed an interest and
Mayor Pringle nominated those individuals to serve on the Commission as listed below with no
objections raised by Council:
Bobby McDonald nominated for the term expiring June 30, 2004.
Donald Yvaska was nominated for the term expiring June 30, 2005.
Steve Rosco was nominated for the term expiring June 30, 2005
Constantine Proussalis nominated for the term expiring June 30,2007.
Roll Call vote: Ayes - 5, Mayor Pringle, Council Members: McCracken, Tait, Hernandez and
Chavez. Noes - O. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 6
Council Member Tait nominated Sefarino Garcia for the term expiring June 30, 2006. No other
nominations were offered. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Tait,
Hernandez and Chavez. Abstention - 1, Council Member McCracken. Noes - O. Motion
carried.
Mayor Pringle indicated of the two remaining appointments, one must be from the West
Neighborhood Council Area, one must be from the South Neighborhood Council Area and one
of those two must be a qualifying tenant member.
PUBLIC HEARINGS:
176
B1. A public hearing to consider the abandonment of a public utility easement located at
5305 East Rural Ridge Circle.
At the meeting held October 14, 2003, Item A 15, the Anaheim City Council adopted
Resolution No. 2003R-190 declaring its intention to vacate certain public streets,
highways and service easements (Abandonment No. ABA2003-00077).
REQUESTED BY: Donald Chiesa, 5305 East Rural Ridge Circle, Anaheim, CA 92807.
MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5.
RESOLUTION NO.: 2003R-228 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING ABANDONMENT NO. 2003-00077.
MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned
area to the property owner.
Natalie Meeks, Community Development Manager, reported the abandonment of an 8 foot
public utility easement at 5305 East Rural Ridge Circle was requested by the applicant to clear
the City's easement from title and allow for the construction of a swimming pool and spa on the
site. The easement was at the rear of a residential lot.
Mayor Pringle opened the public hearing, and receiving no testimony, the hearing was closed.
Council Member Tait moved to approve the CEQA finding of Categorically Exempt, Class 5 and
to adopt Resolution No. 2003R-228 for Abandonment No. 2003-00077 approving the quitclaim
of the City's right, title and interest in the abandoned area to the property owner. Council
Member Hernandez seconded the motion. Roll Call vote: Ayes - 5; Mayor Pringle, Council
Members McCracken, Tait, Hernandez and Chavez. Noes - O. Motion carried.
176 B2. A public hearing to consider the abandonment of a water utility easement located at
1095 Pullman Street.
At the meeting of October 14, 2003, Item A16, the Anaheim City Council adopted
Resolution No. 2003R-191 declaring its intention to vacate certain public streets,
highways and service easements (Abandonment No. ABA2003-00081).
REQUESTED BY: Home Depot U.S.A. Inc., c/o WD Partners, 15420 Laguna Canyon
Road, Suite 20, Irvine, CA 92618.
MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 7
RESOLUTION NO.: 2003R-299 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING ABANDONMENT NO. 2003-00081.
MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned
area to the property owner.
Council Member Tait indicated he would abstain from voting due to a conflict of interest.
Natalie Meeks, Public Works Department, reported the easement being abandoned would
provide for the development of the Home Depot site on the Savoy Ranch area and was being
replaced by another dedicated easement.
Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing.
Council Member Hernandez moved to approve the CEOA Finding of Categorically Exempt,
Class 5 and to adopt Resolution No. 2003R-229 for Abandonment No. 2003-00081 to approve
the quitclaim of the City's right, title and interest in the abandoned area to the property owner,
second by Council Member McCracken. Roll Call vote: Ayes - 4; Mayor Pringle, Council
Members: McCracken, Hernandez and Chavez. Abstention - 1; Council Member Tait. Noes - O.
Motion carried.
179 B3. WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2003-04746
AND NEGATIVE DECLARATION:
OWNER: Steven Dunbar, 20429 East Yorba Linda Boulevard
Yorba Linda, CA 92886
AGENT: Gregory Roseen, 23 Dawnwood, Ladera Ranch, CA 92694
LOCATION: 5055 East Short Street. Property is approximately 0.46-acre, located at
the northwest corner of Kellogg Drive and Short Street.
Request to construct a veterinary hospital and animal boarding facility with waivers of:
(a) maximum fence height, (b) signs permitted in residential zones, (c) maximum
structural height, and (d) minimum front yard setback and (e) minimum side yard
setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement approved, in part, approving waivers (a), (b), (d) and (e)
and denying waiver (c) (6 yes votes with one Commission vacancy).
Conditional Use Permit No. 2003-04746 granted (PC2003-133) (5 yes votes,
Commissioner Vanderbilt voted no and one Commission vacancy).
Negative Declaration approved (6 yes votes with one Commission vacancy).
(Appeal of the Planning Commission's decision received by the Brandon Circle
Homeowner's Association).
MOTION: CEOA FINDING: NEGATIVE DECLARATION.
RESOLUTION NO.: 2003R-230 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2003-04746.
Sherri Vander Dussen, Planning Director, indicated this was a request to establish a veterinary
facility and kennel at 5055 East Short Street. She stated the Planning Commission had
approved the request at its meeting of October 6th, but owners of surrounding properties had
appealed this decision to the City Council. The appellants were requesting that Council reverse
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 8
the Planning Commission's decision or deny the request, or at a minimum, request an
environmental impact report to analyze the impacts. Ms. Vander Dussen reported the subject
property was within the residential agricultural zone and specifically allowed veterinary facilities
and kennels subject to approval of a conditional use permit. The surrounding properties were
zoned RSA 43000 and RS 5000 and were developed with homes and a high school. It was
pointed out the property was uniquely shaped which made it an unlikely candidate for
development of a single family home.
Ms. Vander Dussen stated in this residential zone, the only uses permitted by right include one
single family home and the growing of crops or nursery stock. Several uses were conditionally
permitted in this zone including ambulance services, auto sales, service stations, car washes,
mortuaries, day care, churches, schools, hotels, rest homes, hospitals, private clubs, private
recreation facilities, group care facilities, restaurants and transmission stations. Ms. Vander
Dussen indicated the applicant's proposal included a full service veterinary medical care center
and as conditioned, the project would not be available for after-hours emergency services and
would not be available for animal carcass pickup. The facility would not provide service for
horses or pigs or any wild animals that would be dangerous to nearby residents. All activities
would be conducted inside the building with the exception of a small exercise area between the
building and the freeway. She also noted the area would have an attendant on duty any time
there was an animal using the exercise area and that the proposed hours of operation were
7:00 A.M. to 9:00 P.M. during the week and 8:00 A.M. to 5:00 P.M. on Saturday and Sunday.
The facility was designed to support a two or three doctor practice with a support staff of 8-12
employees. The applicant believed there would be 6-8 clients on site visiting the doctors and
would also have an attendant on duty during the night to care for the animals.
Ms. Vander Dussen indicated the proposal complied with all requirements for the zoning code
except for the four waivers approved by Planning Commission. The waivers, as explained by
Ms. Vander Dussen, pertained to maximum fence height along Kellogg Drive, two proposed
signs, one on the building wall facing the freeway and the other on a low garden wall facing
Kellogg Drive, and the building setback adjacent to Kellogg Drive, due in part to the location of
the drainage culvert and the setback for a trash enclosure adjacent to freeway.
Ms. Vander Dussen stated that at the two Planning Commission meetings, residents from both
Anaheim and Yorba Linda brought up concerns related to the non-residential land use being
developed on this property which was surrounded by residential uses. They also raised
concerns regarding traffic, signage, animal noise, and lighting as well as drainage and grading
concerns. Ms. Vander Dussen reported that each of these uses were addressed in various
forms by the applicant; an acoustical analysis and a lighting study were done, the signage was
reduced and a grading analysis was performed. The City's Traffic Transportation Manager also
carefully reviewed the traffic issues. Because of the proximity to Esperanza High School, there
was traffic congestion at the beginning and end of school day. However, Ms. Vander Dussen
indicated a signal was not warranted at the intersection of Kellogg and Short Street based on
transportation issues. In addition, the low intensity of the proposed use would not put a
significant additional burden on the street system. Given the sight constraints on the property
which include the major amount of street frontage on three sides and the detailed studies the
applicant had performed as well as staffs review and taking into account testimony by the
public, the Planning Commission determined that the proposed use would be appropriate for
this property. They did impose a number of conditions of approval to guarantee that the
property would be developed and operated so as not to be detrimental to the neighborhood.
Ms. Vander Dussen requested if Council approved the permit, condition 33A be amended to
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 9
include Sunday operation from 8:00 AM. to 5:00 P.M. as this was inadvertently omitted from the
Commission resolution.
John Ramirez, Assistant Planner and Greg Hastings, Zoning Manager were available for
questions. The Mayor had heard concerns expressed on the negative impacts of street lights
behind the residences and asked if a street light installation was a condition. Ms. Vander
Dussen indicated that typically this issue would be resolved at the building permit stage by the
Public Utilities General Manager and the City was not this far in the process. The Mayor asked
staff to consider if assurances on negative impacts of street lighting could be given to the
residents and to get back to Council on the issue. Additionally, the Mayor asked if the traffic
engineer fully explored the option of addressing traffic issues in general in that area specifically
due to the awkwardness of the freeway off-ramp and the parallel nature of Short Street with just
one parcel in between. The Mayor pointed out vehicles exiting off Short Street may not be seen
by vehicles exiting the freeway off-ramp.
John Lower, Traffic Department, noted the issue of a traffic signal was first looked at for the
intersection at Short Street and Kellogg and explained the area came up far short of minimum
requirements both in terms of traffic volume and accident history. Traffic counts were taken
hourly starting at 8:00 AM. through 7:00 P.M. Peak hours, according to Mr. Lower, were
defined as four consecutive 15 minute periods that have the highest volume of traffic and 8:00
AM. was the heaviest hour of volume for both major and minor streets. The traffic count at that
period on east and west Kellogg was 1907 vehicles and on Short Street was 54 vehicles. Mr.
Lower indicated that was 60 percent of the threshhold for the State requirement for traffic
signalization.
The public hearing was opened by Mayor Pringle.
Ed Young, a resident of Yorba Linda north of the project, was representing his neighborhood in
opposition to the animal hospital. He also indicated a petition in opposition to the project signed
by 60 people was presented to Council. The basis for the appeal was a negative impact on
surrounding property. Mr. Young showed an aerial photograph of the site indicating the project
was in the middle of a large residential neighborhood comprised of churches, schools and
homes with no other commercial uses.
Mr. Young questioned the representation by the applicant of eight visits per hour as a maximum.
Mr. Young had researched information with veterinarians nationwide and found there were 162
visits per week for one veterinarian which would make the traffic in and out of Short Street
significant. Mr. Young also stated that the applicant currently employed three veterinarians in a
space that is 2,250 square feet and with the proposed facility of 10,000 square feet, the
applicant's veterinary services including grooming and boarding services could expand with
many more trips per week than anticipated.
Wendy Miller, resident, indicated her group of residential homeowners was asking for the denial
of the conditional use permit and the denial of the waivers granted by the Planning Commission
on the basis that the homeowners within the impact area of this project believed the project
would result in significant environmental impacts and had no proposed mitigation measures.
Those impacts identified by Ms. Miller were: 1) traffic hazards related to the configuration of the
site, 2) land use incompatibility, 3) traffic impacts from the underestimated trips per hour, 4)
unreported traffic accident history, 5) loss of property values by introduction of a commercial use
into a residential area, and 6) the hazards caused by granting waivers for fences, buildings
closer to the streets and signs that block views. Ms. Miller also believed the negative
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 10
declaration was inappropriate and that further environmental review was needed.
Wayne Manska, resident, was opposed to the project for these reasons: 1) it was proposed to
kennel 30 to 60 animals, 2) it was a commercial development in the heart of 10 square miles of
solid residential, 3) the present zoning for the area was established 80 years ago when the land
use was primarily agricultural and the parcels were at a minimum of one acre in size, 4) the
property site was rectangular and was developable for residential use, 5) the waivers granted
would discriminate against surrounding landowners, and 6) the traffic on Kellogg and Short
Street was bumper to bumper at 7:30 to 8:00 A.M. and 2:30 - 3:00 p.m. when people would be
dropping off and picking up animals from the veterinary hospital.
Lisa Bradley, Yorba Linda resident, was opposed to granting the conditional use permit as the
project site was a residential neighborhood and commercial development belonged in a
commercial area and the development would create a traffic hazard due to hundreds of
additional cars turning onto Short Street every day.
Ms. Bradley indicated that based on consultations with numerous veterinary hospitals and
boarding facilities, traffic would be many times more than the eight trips per hour indicated by
the applicant. The staff required for each veterinarian, appointments booked every 15 minutes,
grooming eight dogs per day and the ability to board up to 60 animals would generate up to 40
trips per day per veterinarian. She felt the Planning Commission made their decision based on
incomplete or incorrect information.
Michael Edwards, a resident whose property abuts Short Street, indicated that his home was
one of the closest properties to the development and his primary concerns were noise levels
and the visual impact of the proposed development. He remarked the acoustical report
presented to the Planning Commission concluded that the noise impact of dogs barking was no
greater than 47.8 dBA at a distance of 115 feet from the noise source. Mr. Edwards' home was
closer than 115 feet and the noise level at his property line would be 67.5 dBA which was higher
than the 60 dBA maximum noise level allowed by the Anaheim Building Code. Mr. Edwards
indicated that if the exterior customer waiting area contained two dogs barking at each other,
the decibel level would be 95.8 and the distance to his bedroom at that point would still generate
a 71.8 dBA noise level.
Mayor Pringle asked for clarification of the site plan. John Ramirez stated the two dog exercise
areas were behind the animal hospital building with a wall between the exercise area and the
off-ramp. The side yard setback waiver that was being recommended was to allow for the trash
can enclosure up against the freeway off-ramp. Mr. Ramirez also stated the petitioner modified
the design at the front of the property to construct a new wall to be located eight feet away from
Kellogg Drive and there would be some modifications to the right of way along Kellogg Drive.
The only modification to any of the streets would be on Short Street. The wall would be set
back eight feet further west than where the present wall was located and was a combination of
four feet of solid block wall with wrought iron above. Mr. Ramirez indicated no signage would
be constructed on the corner of Kellogg and Short Street. The applicant requested a waiver for
the minimum front yard setback on Kellogg Drive as the proposed structure would not comply
with minimum of 25 feet distance requirement. There was a variation of 7.5 feet to 16 feet for
the actual building structure and the current code required that any wall located within the front
yard setback be a maximum height of 3 feet. One of the waivers included in this request was
for the fence height.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 11
Michael Edwards also spoke of the visual impact to his property. He remarked that the property
south of the project was generally below grade and the proposed building would be on a four
foot grade above Short Street. Mr. Edwards pointed out, from Brandon Circle, which was
further below grade, the facility would appear to be a five-story building.
Paul Albertini, resident on Short Street, indicated that the applicant, Dr. Dunbar, currently had
seven veterinarians working for him in two different facilities. The yellow pages for Dr. Dunbar
offered 24 hour service and 7 day hospital and emergency services and he was concerned that
the proposed development would offer the same services at the expense and to the detriment of
the neighboring residents.
Mark Kovaletz, resident on Brandon Circle, lost his son at a traffic accident at an intersection in
Anaheim that mirrors the situation at Short Street and expressed concern that accidents would
occur as a result of the project.
Dan Wild ish, attorney, stated he represented the concerned citizens of Anaheim and Vorba
Linda who were organized and prepared because they had legitimate concerns and there was
significant public controversy. He stated the presentations relating to the traffic impacts showed
the project had been inadequately addressed by the Planning Commission and staff and that
the development was out of character with the surrounding residential area. He stated the site
was a recipe for disaster due to its configuration, the lack of a traffic signal, and the adjacent
high school traffic in combination with peak hour traffic. He also expressed concern that as the
applicant purchased the adjacent Vorba Linda property, there was potential for additional
development further aggravating the physical divide between residential and commercial
property. He indicated there were inadequacies in the initial study and that at a minimum, the
project should be sent back to the Planning Commission. Mr. Wildish requested the findings of
approval be made available if Council approved the project.
With no other public testimony offered, Mayor Pringle closed the public hearing. Mayor Pringle
stated, for the benefit of the audience, that Council had received the full staff report, along with
the report for the Planning Commission and the public testimony taken during those meetings.
Mayor Pringle indicated he had visited the site as well.
The applicant, Steve Dunbar, stated he currently provided veterinary services in two locations.
The Anaheim Hills location provided emergency services. The Vorba Linda office referred
emergencies to the Anaheim Hills facility and no emergency hours were planned for the facility
on Short Street. It was pointed out that Condition 25 of the conditional use permit indicated the
proposed facility would not be available for after hours emergency service and would not be
available for animal carcass pickup.
Greg Roseen, agent for the applicant provided a rendering of the project. Rich Rowe, the
project architect indicated the corrections made by the applicant in response to public concerns.
Signage had been removed and the wall fence had been moved back approximately eight feet.
In response to Mayor Pringle's question, Mr. Rowe stated the fence would be a four foot block
wall fence and for aesthetic reasons, wrought iron would be used on the top of the wall. He
remarked that any fence over three feet would require a waiver from the City. Mr. Rowe noted
that the lighting coming into the parking area had been reduced to the minimum requirement
and low key light bollards had been substituted at the entry in lieu of light standards. He
indicated the light standard was actually below the wall line on the other side of Short Street so
as not to encroach into the neighborhood. The kennels were called luxury suites and contained
rooms within rooms to house dogs. All the kennels were enclosed and indoors. There were
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 12
also sound attenuating vestibules, sound insulating walls and laminated glass as a means of
mitigating sounds escaping the building. Also included in the facility was a surgical suite and a
recovery area. Epoxy floors were used to mitigate odors. Mr. Rowe also remarked that
reception areas were typically not noise generating areas.
Council Member McCracken inquired as to why the need for an outdoor patio area. Mr. Rowe
replied it was a convenience to clients who wished to be seated outside or who may smoke.
Mayor Pringle felt there should be a fuller review of the traffic at this intersection but that
whatever the volume that is generated by the project, it may not add much to the challenge of
getting out of Short Street. He also stated that with vehicles backed up on Kellogg during the
peak hours, there should be some type of restricted stopping at Short Street. Mayor Pringle
requested a review of the traffic concerns of the area be brought back at a later date regardless
of Council's action on this project.
Council Member Chavez concurred with the need to take a look at existing traffic. He also
supported the project as an improvement to the community.
In response to Council Member Tait, Dr. Dunbar estimated the maximum number of trips per
day would be 72. In response to Council Member McCracken, Dr. Dunbar indicated that no
expansion was anticipated for the 10,000 square foot facility. The extra space was to
accommodate the grooming and boarding services. Dr. Dunbar also noted he purchased the
adjacent Yorba Linda property, which was zoned residential, to be used as a buffer between the
residential property and his facility as some of the neighbors had expressed concern for
property values decreasing.
Mayor Pringle stated he heard and respected the concerns expressed by the neigbors,
however, he was supportive of the project for number of reasons: 1) the applicant did a good job
in dealing with a unique piece of property, 2) the applicant addressed many of those concerns
expressed by the surrounding neighbors, 3) Short Street, regardless of the proposed project,
had some challenges in terms of traffic issues due to the increased numbers of students driving
vehicles to the adjacent high school and he did not feel that the burden of those traffic issues
should be placed on the applicant; and 4) the waivers were minor items dealing with trash
enclosures and the block wall and were not significant.
Council Member Tait moved to approve the Negative Declaration CEQA Finding for the
proposed project; seconded by Council Member Chavez. Roll Call vote: Ayes - 3; Mayor
Pringle, Council Members: Tait and Chavez. Abstentions - 2; Council Members: Hernandez and
McCracken. Noes - O. Motion carried.
Council Member Tait moved to adopt Resolution No. 2003R-230 approving Conditional Use
Permit No. 2003-04746. Council Member Hernandez seconded the motion. Roll Call vote:
Ayes - 3; Mayor Pringle, Council Members: Tait and Chavez. Abstentions - 2; Council Members
Hernandez and McCracken. Noes - O. Motion carried.
REPORT ON CLOSED SESSION ITEMS:
There were no items to report from closed session
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 2, 2003
PAGE 13
COUNCIL COMMUNICATIONS:
Council Member Hernandez noted the passing of City employee, Frank Pepito, on November
23, 2003.
Council Member Tait expressed sympathy for Betty Diaz, resident and mother whose son died
while fighting for freedom in Iraq. Council Member Tait requested the meeting be closed in
honor of Genaro Acosta.
Council Member McCracken related concerns with Governor Davis' signing of AB 845 which
prohibits smoking within 20 feet of entrances and exits to public buildings citing the cost
involved for removing and replacing signs for all Anaheim's public facilities.
Mayor Pringle recognized his one year anniversary for serving on the Anaheim City Council
indicating it was also the first anniversary for Council Members Hernandez and Chavez. The
Mayor thanked the senior members of the Council for their help and support through the year.
Council Members Hernandez and Chavez offered their thanks for the support and kindness
shown them throughout the year by staff and their colleagues.
Mayor Pringle had met with apartment owners in the City and had received questions relating to
signage and special events or activities allowed in a residential zone. He requested information
as to what other cities were doing to see if any uses could be modified and if they were
consistent with other communities. The Mayor, with other Mayors from the ten largest California
cities, met with the Governor the past week to ensure the Governor's commitment to backfill
vehicle license fee dollars lost by cities since recent repealed legislation took away the mandate
to replace those monies. The Mayor indicated that in Anaheim's case, the loss equaled
$12,000,000 or approximately $1,000,000 per month and was significant to the City. Legislation
to provide for those backfilled dollars would be considered at the first of next year and the Mayor
urged residents to call or write Senator Jim Brulte urging support of SB 15X.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting at 8:59 P.M.
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