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1967/01/039877 City Hall, Anaheim, California - COUNCIL MINUTES - January 3, 1967, 1:30 P.Mo The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein. COUNCILMEN: None~ ASSISTANT CITY MANAGER: Robert A. Davis. CITY ATTORNEY: Joseph Geisler. CITY CLERK: Dene M. Williams. DEVELOPMENT SERVICES DIRECTOR: Alan G. Orsborn0 ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelsono ZONING SUPERVISOR: Ronald Thompson. ASSISTANT CITY ENGINEER: Ralph O. Pease° Mayor Krein called the meeting to order. MINUTES: Approval of the minutes of the Anaheim City Council meetings held December 13, 20 and 27, 1966, was deferred one week, January 10, 1967. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Dutton moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Pebley seconded the motion~ MOTION UNANIMOUSLY CARRIED° REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City, in the amount of $497,567.61, in accordance with the 1966-67 Budget, were approved. CONDITIONAL USE PERMIT NO. 884 REVISED PLANS: Revised plans submitted by Ruby A. Bush, et al, in connection with Conditional Use Permit.Nos 884, were re- viewed by the City Council together with recommendations of the Development Services Department. It was noted that the approval of said revised plans would require an amendment to condition of Resolution NOo 66R-662 approving said conditional use permit~ RESOLUTION NOo 67R-1: Councilman Chandler offered Resolution Noo 67R-1 for adoption, authorizing amendment to Condition No. 3, Resolution No~ 66R-662, approving Revised Pls~s marked Revision Nor 1, Exhibits Nos° 1 through 3. Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 66R-662 G~AMTING CONDITIONAL USE PERMIT NOo 884. (Condition No. 3) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution Noo 67R-1 duly passed and adopted° TEMPORARY TRAILER PERMIT: Communication dated December 19, 1966, from Art M. Carrizosa, Presiding Minister, was submitted requesting permission to install and use as a combination office and living quarters for the Minister, a 10 foot by 40 foot mobile home trailer at the rear of the Jehovah's Witness Church structure, located at 3320 West Orange Avenue. Also submitted and reviewed by the City Council was report from the Development Services Department, recommending that, should the temporary building permit be granted, the following conditions be met: 1o A time limit of one year° 2. Ail required provisions of the trailer section of the Uniform Building Code be met by the petitioner° 3. A Parcel Map be filed with the Engineer's Office of the City of Anaheim and recorded with Orange County, which will indicate one complete parcel for subject property, since technically the rear parcel would presently be considered landlocked. 9878 City Hall~ Anaheim~ California - COUNCIL MINUTES January 3~ 1967~ 1:30 P.Mo On motion by Councilman Schutte, seconded by Councilman Pebley, said trailer permit was granted, subject t6 the recommendations of the Development Services Department. MOTION CARRIED° ENTERTAINMENT PERMIT: Application filed by Adolph Frugiuele for entertainment permit to allow dancers to entertain, at The Back Door, 1807 West Katella Avenue, was submitted and granted for a period of one year, subject to provi- sions of Chapter 4.18 of the Anaheim Municipal Code, as recommended by the Chief of Police, on motion by Councilman Dutton, seconded by Councilman Pebley, MOTION CARRIED. SIDEWALK WAIVERS: Requests for temporary sidewalk waivers were submitted and granted, providing that no permanent planting or permanent type improvements be permitted within the area reserved for future sidewalks, as recommended by the City Engineer, on motion by Councilman Pebley, seconded by Councilman Dutton: (a) Request submitted by Bryan Industrial Properties, Inc., for waiver of sidewalk on Placentia Avenue at Via Burton (northwest corner of Placentia Avenue and Via Burton). (b) Request submitted by Donald W. Shaw, sidewalk waiver on the north side of Via Burton Street between State College Boulevard and Placentia Avenue. (c) Request submitted by Shinichi Ito for sidewalk waiver at 1201 East Katella Avenue. MOTION CARRIED° AWARD OF CONTRACTS - PUBLIC IMPROVEMENT PROJECTS: In accordance with recommendations of the City Engineer, Councilman Dutton offered Resolutions Nos. 67R-2 and 67R-3, for adoption. Refer to Resolution Book° RESOLUTION NO. 67R-2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: THE DOWLING-LA PALMA AVENUE STREET IMPROVEMENT (NE CORNER), IN %HE CITY OF ANAHEIM, JOB NO° 1074~ (Job No. 1074 - R.J. Noble Co.) - $6,001o65) RESOLUTION NOo 67R-3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIP- MENT AND ALL UTILITIES AND TRANSPORTATION, INCLUDING POWER, FUEL AND WATER, AND PERFORMING ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOWING PUBLIC IMPROVEMENT: FURNISH, FABRICATE AND DELIVER TO JOB SITE, CONCRETE- STEEL CYLINDER PIPE, OR STEEL PIPE CEMENT LINED AND COATED, FOR A WATER TRANSMISSION MAIN IN CORONADO STREET, FROM JEFFERSON STREET TO ORCHARD DRIVE, IN THE CITY OF ANAHEIM, WORK ORDER NO. 1905. (Work Order No~ 1905 Smith- Scott Co., Inc. $72,010o38) Roll call vote: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Mayor declared Resolutions ~os~ 67R-2 and 67R-3, duly passed and adopted~ DEED OF EASEMENT - RESOLUTION NOo 67R-4: Councilman Schutte offered Resolution No. 67R-4 for adoption. Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES~ (William E. and Joy L. Ditmar) 9879 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 3~ 1967~ 1:30 PoM. Roll call vote: AYES; COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-4 duly passed and adopted. TRACT NOo 3691 (RECLASSIFICATION NOo 59-60-93~ CONDITIONAL USE PERMIT NO. 247): On report and recommendations of the City Attorney, Councilman Pebley moved that the Mayor and City Clerk be authorized'to execute release of Bond Noo 89-68-27 and Assignment in favor of Glens Falls Insurance Company for construction and improvement of an alley specified as condition of Tract Noo 3691. Councilman Dutton seconded the motion. MOTION CARRIED° CLAIMS AGAINST THE CITY: The following claims against the City were denied, as recommended by the City Attorney and ordered referred to the Insurance Agent, on motion by Councilman Pebley, seconded by Councilman Dutton: (a) Claim submitted by D. K. O'Neill for damages purportedly resulting from accident with city owned vehicle on or about November 22, 1966. (b) Claim submitted by Kenneth Kuhn for damages purportedly resulting from electrical power damage to appliances on or about November 15, 1966. (c) Claim filed by the Automobile Club of Southern California on behalf of Theodore L. Groth for damages to vehicle purportedly resulting from accident on or about October 10, 1966~ MOTION CARRIED. CORRESPONDENCE: The following correspondence was ordered received and filed on motion by Councilman Chandler, seconded by Councilman Pebley: ao Resolutions supporting the establishment of a College of Medicine at the University of California - Irvine~ The City Attorney was requested to prepare a resolution similar to those received for Council consideration° b. Minutes - Mother Colony House Board - Meeting of November 10, 1966. Co Minutes - Cormmunity Center Authority - Meeting of December 12, 1966. Financial & Operating Reports for the Month of November, 1966. MOTION CARRIED° ALCOHOLIC BEVERAGE LICENSE APPLICATIONS: The following applications were presented by the Assistant City Manager to the City Council for their information: a. Application submitted by Timmons, Booher and Timmons, Inco for Person to Person Transfer of Off-Sale Beer and Wine license for the Family Food Stores, 2950 West Ball Road (C-1 zone). bo Application submitted by Southland Corporation for Person to Person Transfer of Off-Sale Beer and Wine license at 7-Eleven, 500 South Knott Avenue (C-1 zone). No action was taken on the foregoing applications. ORDINANCE NOo 2342: Councilman Pebley offered Ordinance No. 2342 for first reading° AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (65-66-112 - C-l) ORDINANCE NO. 2343: Councilman Dutton offered Ordinance No° 2343 for first reading° 9880 City Hall, Anaheim, California - COUNCIL MINUTES - January 3, 1967~ 1:30 PoMo AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING° (66-67-19 R-2 5,000, Tract No. 5989) AMBULANCE SERVICE RATES: At the request of Councilman Dutton, Assistant City Manager Robert Davis reported that a survey of rates charged by ambulance services in other communities was in progress, and would be presented to the City Council on completion. CONVENTION CENTER TRAFFIC CIRCULATION: Mr. Davis advised that reports pertaining to traffic circulation on the south side of the Convention Center was ex- pected to be ready for submission to the City Council at the next meeting. RECESS: Councilman Pebley moved to recess to 7:00 PoMo Councilman Chandler seconded the motion. MOTION CARRIED° (1:30 P.Mo) AFTER RECESS: Mayor Krein called the meeting to order. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Pebley, Schutte (entered the meeting 7:15 P.M.), Chandler and Kreino COUNCILMEN: None. ASSISTANT CITY MANAGER: Robert Davis. DEPUTY CITY ATTORNEY: Furman Roberts. CITY CLERK: Dene Mo Williams. CITY ENGINEER: James P. Maddoxo ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelsono ZONING SUPERVISOR: Ronald Thompson° INVOCATION: Reverend Stanley Herber, of the Free Methodist Church, gave the Invocation. FLAG SALUTE: Councilman Chandler let the Assembly in the Pledge of Allegiance to the Flag. RECLASSIFICATION NO° 66m67-17: Submitted by Charlie J. Dominguez requesting change of zone from R-A to R-3, to permit construction of additional residential units; property briefly described as located at 2221 South Loara Street. Public hearing was held before the Council November 22, 1966, at which time the hearing was closed and decision of the Council continued to this date for submission of specific plans for the proposed development. The City Planning Commission, pursuant to Resolution No. PC66-108, recommended approval of subject reclassification, subject to the following conditions: 1. That the owners of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit to be used for park and recreation purposes, said amount to be paid at the time the Building Permit is issued. 2. That the City of Anaheim shall be provided recorded evidence of a perpetual easement for vehicular ingress and egress for the parcel to the west, prior to the issuance of a Building Permit° Zoning Supervisor Ronald Thompson reported that plans were submitted to the Development Services Department this afternoon; that the staff had reviewed said plans and found them to be in accordance with the R-3 Multiple Family Zoning Standards. The recommendations of the staff were that no wall or fence be permitted across the 16 foot dedicated easement to property on the west, located along the south boundary of subject property, and that the trash storage area be relocated near the southerly boundary and at the rear of garages. Plans were brought forward to the Council Table for review, and discussion was held. RESOLUTION NO. 67R-5: Councilman Chandler offered Resolution No. 67R-5 for adoption, authorizing preparation of necessary ordinance changing the zone a8 recommended by the City Planning Commission, deleting Condition No. 2 therefrom, and adding the following condition: 9881 City Hall~ Anaheim~ California - COUNCIL MINUTES January 3~ 1967~ 1:30 PoMo "Final Plans of development shall be submitted for approval by the Develop- ment Services Department prior to the issuance of a building permit, and shall be limited to single story constructions" Refer to Resolution Book~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED° (66-67-17 - R-3) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Chandler and Krein None Schutte The Mayor declared Resolution Noo 67R-5 duly passed and adopted. Councilman Schutte entered the meeting, 7:15 PoMo PUBLIC HEARING CONDITIONAL USE PERMIT NOo 895: Submitted by Hughes Markets, Inc., requesting permission to erect a billboard with waivers of maximum permitted billboard area and maximum billboard height; C-1 zoned property located at the southeast corner of Beach Boulevard and Orange Avenue° The City Planning Commission pursuant to Resolution Noo PC66-149 denied said conditional use permito Appeal from action taken by the City Planning Commission was filed by Pacific Outdoor Advertising, Lessees, and public hearing was scheduled this dateo Mr~ Thompson noted the location of subject vacant property, and the existing uses and zoning in the immediate area~ He advised that the petitioners propose to replace an existing billboard with a larger board, and noted the findings of the City Planning Commission in denying subject application~ Mr~ Jay Kingry, representing Pacific Outdoor Advertising, Inco, advised that the painted bulletins proposed to be installed on the new billboard would measure approximately 14 feet in height by 46 feet in width, the "cut out" portion of the bulletin extending a little above the 14 feet. He explained the rotation and distribution of the various signs which would be used, noting the scarcity of billboard locations in Orange County, and advised that the sign and lighting would be so located as to protect the residential areas; that the nearest residence was 340 feet distant, and if the back portion of the sign were objectionable, they would be willing to cover it subject to approval by the Development Services Department° Mr~ Kingry further advised that the owners of the property expect to commence development w~tbin two or three years~ He submitted to the Council copies of a plot plan designating the proposed location of the billboard, and photographs of the existing billboard with proposed sign superimposed= He stated that the requested 36 foot height of the billboard could be lowered to 31 feet, as allowed by the Billboard Ordinance~ Mayor Krein asked if anyone wished to address the Council in opposition, there being no response, declared the hearing closed° Discussion was held by the City Council and Mro Kingry, the latter being of the opinion that the lack of available space in the County for billboard installations created a hardship, since distribution of the advertising was essential~ Councilman Chandler was of the opinion that there was nothing unusual or unique about the subject property which would constitute a hardship, and that the same type of request could be made for properties on the other corners of the intersection~ 9882 City Hall, Anaheim~ California COUNCIL MINUTES - January 3, 1967~ 1:30 P~Mo RESOLUTION NO. 67R-6: Councilman Krein offered Resolution NOo 67R-6 for adoption, sustaining the action taken by the City Planning Commission, denying subject conditional use permit° Refer to Resolution Book. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NOs 895~ Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No, 67R-6 duly passed and adopted° PUBLIC HEARING - CONDITIONAL USE PERMIT NO° 898: Submitted by Christian Center Church of Orange County requesting permission to establish a private educa- tional institution in existing residential structures (overflow training classrooms - One hour a week); R-1 zoned property located as follows: Parcel 1 - 1326 Norwood Street; Parcel 2 - 1327 Candlewood Street~ The City Planning Commission pursuant to Resolution Not PC66-151 denied said conditional use permit~ Review of action taken by the City Planning Commission was ordered by the City Council and public hearing was scheduled this date~ Mr° Thompson noted the location of subject property and the existing uses and zoning in the immediate area° He summarized the evidence presented to and considered by the City Planning Commission, and called attention to findings of the Commission precedent to their action~ Councilman Schutte asked if the dwellings on subject properties were being used for residential purposes° Mayor Krein asked if a representative of the Church wished to address the City Council~ Reverend Ralph Wilkerson, Pastor, advised that the Church Caretaker resides in one of the dwellingso He noted that permit to constru~t the church was obtained approximately three years ago, that since that time the growth of the congregation has required the addition of a new Sunday School facility; further, that they have retained more than the required number of parking spaces on the property~ Reverend Wilkerson further advised that they are in the process of searching for a larger acreage, that as soon as possible it is intended to sell the present facility and relocate the church, and for that reason, they have requested a three year temporary permit to use subject residential structures for Sunday classes~ He noted that the Sunday School classes are on double session at the present time, and the new classrooms cannot ac- commodate the growing number of young people; that the residential appearance of the dwellings will be maintained, and will be sold as residential pro- perties, separate from tbe church unit~ Councilman Dutton referred to recommendations of the Interdepart- mental Committee that, should the conditional use permit be approved, the conversion ol the existing structures shall conform to the Uniform Building Code, and he asked if there were any plans to convert the dwellings~ Reverend Wilkerson stated that any necessary changes to the structures would be complied with, and he noted that each dwelling contains two restrooms and three exits, that the classes using the facilities would consist of school-age children In answer to further questioning, Reverend Wilkerson advised that they were willing to construct a wall along the southerly property line of 9883 City Hall, Anaheim, California - COUNCIL MINUTES - January 3, 1967, 1:30 PoMo the two lots in question~ Assistant Development Services Director Robert Mickelson reported that the use of the structures would be subject to any regulations of the Building and Fire Codes, as well as to the City Building Code° The City Clerk submitted in evidence letter of opposition to the proposed use from a property owner in the area, dated December 30, 1966, and a petition in favor, signed by approximately 39 persons~ Also submitted were letters from property owners immediately adjacent to subject properties indicating no opposition to the requested use° Mayor Krein asked if anyone wished to address the Council in opposition~ Mro Don Smith, 1303 Norwood Street, advised he understood the Church was using three dwellings for classroom facilities, and he expressed concern that the church might not be able to relocate as soon as they desire, which would require them to request an extended period of time at the conclusion of the three year period. Mr. Smith noted the history of zoning actions on East Street, calling attention to another reclassification request which will soon be before the City Council, and he requested that, before any additional application were approved, a study be conducted in the East Street area between La Palma Avenue and the Riverside Freeway~ He called attention to a traffic problem on Candlewood and Norwood Streets during the hours of services, both of which streets have access to the church property, Mr~ Smith stated he was opposed to the requested use of the dwellings on the basis that it would constitute an intrusion into a residential area, and he was concerned that subject properties would be used for other meetings, and possibly summer school classes, with no means of confining the use to the requested weekly hour. Councilman Dutton was of the opinion that the neighbors would complain to the City if the property were used for more than one hour each week° He noted that current studies of the transitional area along East Street have b~en before the City Council recently; that any ex- pansion of the requested use would necessarily come to the attention of the City Council~ The Mayor asked if anyone else wished to address the City Council in opposition, there being no response, asked if the proponent wished to speak° Reverend Wilkerson advised that the use of the properties will be as requested, and would cause no increase in traffics That a third dwelling had been used for classes during the period of the Sunday School building construction, and was no longer in use by the church. Mrs. Gene Grever, 1323 Candlewood Street, immediately adjacent to one of the lots in question, stated that there had been no disturbance caused by the youngsters attending classes, and she had no objection to the requested use; however she would appreciate the installation of a solid block wall along the south boundary of subject properties~ Mayor Krein asked if anyone else wished to address the City Council, there being no response, declared the hearing closed° RESOLUTION NOo 67R-7: Councilman Dutton offered Resolution Noo 67R-7 for adoption, granting subject conditional use permit for a period of three years, subject to the following conditions: 1o That the use of subject properties be confined to Sundays only~ 2. That a six foot wall shall be constructed along the southerly property line~ That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2~00 per front foot along Norwood Street and Candlewood Street, for street lighting purposes~ 9884 City Hall, Anaheim, California - COUNCIL MINUTES - January 3, 1967, 1:30 P.M. 4. That the conversion of the existing structures shall conform to the Uniform Building Code as adopted by the City of Anaheim. 5o That Condition No. 1, above mentioned, shall be complied with prior to the time that the Building Permit is issued or within a period of 180 days from date hereof, whichever occurs first, or such further time as the Commission or City Council may grant. 6o That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1 and 2o Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NOo 898. Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No0 67R-7 duly passed and adopted. PUBLIC HEARING - CONDITIONAL USE PERMIT NOo 900: Submitted by Japanese American Development Enterprises Incorporated, requesting permission for on-sale beer and wine in conjunction with an existing Japanese Restaurant; C-1 property located at 2937 West Ball Road. The City Planning Commission pursuant to Resolution No. PC66-152 denied said conditional use permit. Mro Thompson noted the location of subject property and the existing uses and zoning in the immediate area° He summarized the evidence submitted to and considered by the City Planning Commission, and called attention to findings of the Commission precedent to the action taken. Plans and the files were reviewed by the City Council, and Mayor Krein asked if a representative of the petitioners wished to address the City Council. Mr. Hiromu Bm Wada, President of the Japanese American Development Enterprises Incorporated, 12812 4th Street, Garden Grove, addressed the Council advising that Mrs~ Jean Ishida was a tenant in the shopping center, and proposes to operate a small bonafide restaurant specializing in authentic Japanese food; that traditionally, beer and wine are served with this type of food. He stated that there was a church located approximately 350 feet across Ball Road. In answer to Council questioning, Mro Wada advised that the nine stool counter shown on the plans was not a bar. Mayor Krein asked if anyone wished to address the City Council in opposition. Reverend John Emmans, Pastor of the Anaheim Community Church, 2930 West Ball Road, stated that the church was established at that location in 1958, and their new youth center was expected to be in use several evenings each week. He complimented the petitioners on their fine shopping center, which is considered an asset to the area~ Reverend Emmans advised that they felt that the serving of alcoholic beverages in close proximity to the church will be detrimental to the welfare of the church program, and to the residential neighborhood east of subject property, and he requested that the action of the Planning Commission be upheld° Councilman Dutton noted that alcoholic beverages were sold at the market located on property adjacent to the church on the west. 9885 City Hall, Anaheim, California - COUNCIL MINUTES - January 3~ 1967, 1:30 PoMo Reverend Emmans advised that the church was opposed to any alcoholic beverage being sold near the church, however he noted that the market sells packaged goods which were consumed elsewhere, while the Japanese Restaurant goods would serve the beverages for consumption on the premises. He was of the opinion that the granting of subject application would establish a precedent for similar requests in the area. Council discussion was held and Councilmen Chandler and Dutton were of the opinion that the proposed restaurant would not be authentic if the traditional beverages could not be served~ The Mayor asked if anyone else wished to address the City Council for or against the application, there being no response, declared the hearing closed. RESOLUTION NOo 67R-8: Councilman Schutte offered Resolution NOo 67R-8 for adoption, sustaining action taken by the City Planning Commission denying subject conditional use permit° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NOo 900° Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Pebley, Schutte and Krein Dutton and Chandler None The Mayor declared Resolution No~ 67R-8 duly passed and adopted. RECESS: Councilman Dutton moved for a fifteen minute recess. Councilman Krein seconded the motion° MOTION CARRIED° (8:40 PoMo) AFTER RECESS: Mayor Krein called the meeting to order, all members of the City Council being present~ PUBLIC HEARING - RECLASSIFICATION NO. 66-67-39: Submitted by John A. and Bessie L. Eakin, owners, Harry Knisely - Authorized Agent, requesting change of zone from R-A to C-1 to establish a service station; property briefly described as located at the southeast corner of Orangewood Avenue and Euclid Street~ The City Planning Commission pursuant to Resolution No~ PC66-154 recommended denial of said reclassification~ Mro Thompson noted the location of subject property and the existing uses and zoning in the immediate area~ He summarized the evidence submitted to and considered by the City Planning Commission, and called attention to findings precedent to the Commission's action. Plans and the file were reviewed by the City Council, and Mayor Krein asked if the applicant or his representative wished to address the City Council~ Mr~ Ken Kohne, Attorney representing Mr. Knisely, Authorized Agent, advised that plans for the proposed service station are in compliance with the Service Station Site Development Standards of the City of Anaheim, with no waivers being requested~ He noted that the residential area would be protected by the large amount of land surrounding the proposed station. Relative to the balance of subject property, Mr. Kohne stated that there are no plans at the present; however, any future development would be controlled under the Anaheim Municipal Code provisions° In his opinion, the granting of subject applicatiom would not establish a pre- cedent, since another service station was already under construction at the northeast corner of the intersection~ 9886 City Hall, Anaheim, California - COUNCIL MINUTES - January 3~ 1967, 1:30 PoMo Mayor Krein asked if anyone wished to address the City Council in opposition to the reclassification, there being no response, declared the public hearing closed° Discussion was held by the City Council and Zoning Supervisor Ronald Thompson, and Mr. Thompson reported that Orangewood Avenue was classified as a secondary highway, and Euclid Street as a primary highway; that if the zone on subject property were C-i, the service station at the intersection of two such highways would be permitted as a matter of right. Councilman Dutton was of the opinion that when the Convention Center opens in the near future, traffic will be greatly increased on Orange- wood Avenue. RESOLUTION NO. 67R-9: At the conclusion of Council discussion, Councilman Chandler offered Resolution NOo 67R-9 for adoption, authorizing preparation of necessary ordinance changing the zone as requested, subject to the following conditions: 1o That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width, from the center line of the street, along Orangewood Avenue, for street widening purposes. 2. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of the street, along Euclid Street, including a 25 foot radius corner return, for street widening purposes. 30 That street improvement plans shall be prepared and all engineering requirements of the City of Anaheim along Orangewood Avenue and Euclid Street, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be completed as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Orangewood Avenue and Euclid Street, for street lighting purposes° That the owners(s) of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot along Orangewood Avenue and Euclid Street, for tree planting purposes. 6. That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then be recorded in the office of the Orange County Recorder~ 7. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works~ 8o That Condition Nos. 1, 2, 3, 4, 5, and 6, above mentioned, shall be complied with within a period of 180 days from the date hereof, or such further time as the City Council may grant° Refer to Resolution Book° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED° (66-67-39 - C-l) Roll call vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein None None The Mayor declared Resolution No. 67R-9 duly passed and adopted. 9887 City Hall~ Anaheim~ California - COUNCIL MINUTES ~ January 3~ 1967~ 1:30 PoMo PUBLIC HEARING - RECLASSIFICATION NO° 66-67-40~ CONDITIONAL USE PERMIT NOo 896 AND VARIANCE NO. 1842: Submitted by Jopar, Incorporated and Paul Von Essen requesting change of zone from R-A to C-l; permission to establish a service station within 75 feet of residential structure in an R-A zone on Parcel No. 1; also requesting waivers of minimum required parking spaces and maximum building height on Parcel No~ 2; property briefly described as follows: Parcel 1 - Southwest corner of Crescent Avenue and Dale Avenue° Parcel 2 - South side of Crescent Avenue, the easterly boundary lying west of the centerline of Dale Avenue and adjacent to the westerly boundary of Parcel 1~ The City Planning Commission pursuant to Resolutions Nos° PC66-155, PC66-156 and PC66-157, recommended denial of said reclassification, and denied said conditional use permit and variance. Mr0 Thompson noted the location of subject property and the existing uses and zoning in the immediate area, summarizing the evidence submitted to and considered by the City Planning Commission. He noted the findings of the City Planning Commission in recommending denial, and in answer to Council questioning, reported that similar plans had been sub- mitted under Reclassification No. 65-66-97, Conditional Use Permit No. 824 and Variance No, 1733, which applications were also denied by the City Planning Commission° Plans and the files were reviewed by the City Council, and Mayor Krein asked if a representative of the petitioners wished to address the City Council~ Mr. K. E. Johnson, 81510rangethorpe Avenue, Buena Park, Authorized Agent, was of the opinion that the proposed ranch-style service station would be an asset to the city, that the majority of the opposition was from residents of Buena Park in the area north of Crescent Avenue. He noted that Dale Avenue is expected to be widened, due to the increasingly heavy traffic~ The City Clerk submitted into evidence letter of opposition dated December 30, 1966, from J~ D. Romanoff, of 8424 Planetary Drive, Buena Park° The Mayor asked if anyone wished to address the Council in opposition. Mr~ Vo L~ Bowman, 85401Kendor Drive, Buena Park, addressed the Council noting that there currently are 108 gasoline pumps, and 108 covered- auto service stalls, in 18 service station facilities within a half mile radius of subject property~ The other three corners of the intersection are residential with the exception of the church, and in his opinion the scattering of commercial facilities throughout the city was not beneficial to the community° Mr~ Albert Trout, 527 North Dale Avenue, Anaheim, advised that in speaking to people attending the Planning Commission hearing, he found only one person residing on the west side of Dale Avenue in Anaheim who was in favor of the proposed service station and market. In his opinion, a service station would be detrimental to the residential area, and he called attention to the many children attending the two schools in the neighborhood. Mr~ Edward Boarsma, 10012 Saint Sophia Circle, Cypress, advised that he represented the Anaheim Christian Reformed Church on Dale Avenue; that they were opposed to the commercial development on the grounds that it would be a detriment to the aesthetic beauty and property values in the neighborhood~ In response to Council questioning, Mro Boersma was of the opinion that residential uses of property would be appropriate, and he called 9888 City Hall, Anaheim~ California COUNCIL MINUTES - January 3, 1967, 1:30 PoMo attention to the letter submitted to the City Planning Commission by the Church Board of Trustees, dated November 21, 1966o Mayor Krein asked if anyone else wished to address the City Council. Mr. Marvin Brumbaugh, 8484 Planetary Drive, Buena Park, noted recent development of other nearby vacant properties for residential purposes, being of the opinion that similar ~%lopment. was feasible on subject pro- perty. Mr. Arthur Tartaglia, 8498 Planetary Drive, Buena Park, directly opposite the existing dwelling on subject property, advised that the house is easily visible from his livingroom, and he had no desire to look out his window and see a service station: He agreed that Dale and Crescent Avenues were busy streets, and noted that his home faces three streets, however it is still a residential area and he requested that the proposed development be disapproved° Mro Fred Barbour, 12311 Chapman Avenue, Garden Grove, representing Tic Toc Markets, noted that the area is in a state of growth, that the County is projected to double its population in the next ten years, and in time the area in question will undoubtedly change to commercial, industrial, or possibly to multiple family residential° That the installation of the proposed market was based on current needs of the people in the area. Mayor Krein declared that a good cross section of the evidence had been presented, thereupon declared the hearing closed. Discussion was held by the City Council, and Councilman Schutte called attention to the problems of many property owners who reside in homes located along the busy thoroughfares of the city. Councilman Chandler noted that the area in question was one of the very few remaining which have not had commercial intrusion, even though the traffic is heavy, and he found no reason to make a change at this time° Councilman Dutton was of the opinion that there had been no indication that a change in area was eminent° Mr. Lon Myers, 533 North Dale Avenue, immediately adjacent on the south to the proposed service station site, advised that the petition of opposition submitted at the Planning Commission hearing contained seven signatures of property owners on Dale Avenue within the City of Anaheim. RESOLUTIONS: Councilman Chandler offered Resolutions Nos° 67R-10, 67R-11 and 67R-12 for adoption, concurring with recommendations of the City Planning Commission disapproving subject reclassification, and denying subject conditional use permit and variance. Refer to Resolution Book. RESOLUTION NOo 67R-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED° (66-67-40) RESOLUTION NOo 67R-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 896~ RESOLUTION NOo 67R-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO~ 1842. Roll call vote: AYES: COUNCILMEN: Dutton, Pebley, Chandler and Krein NOES: COUNCILMEN: Schutte ABSENT: COUNCILMEN: None The Mayor declared Resolutions Nos~ 67R-10, 67R-11 and 67R-12 duly passed and adopted. 9889 City Hall~ Anaheim~ California - COUNCIL MINUTES - January 3~ 1967~ 1:30 PoM. ADJOURNMENT: Councilman Chandler moved to adjourn. Councilman Dutton seconded the motion. MOTION CARRIED° ADJOURNED: 9:30 P.Mo --\ City Clerk City Hall~ Anaheim~ California - COUNCIL MINUTES - January 10~ 1967~ 1:30 PoM~ The City Council of the City of Anaheim met in regular session~ PRESENT: ABSENT: PRESENT: COUNCILMEN: Pebley, Chandler and Kreino COUNCILMEN: Dutton and Schutte. ASSISTANT TO CITY MANAGER: Fred Sorsabalo CITY ATTORNEY: Joseph Geisler~ CITY CLERK: Dene M. Williams° ASSISTANT CITY ENGINEER: Ralph Pease. TRAFFIC ENGINEER: Edward Granzowo ASSISTANT DEVELOPMENT SERVICES DIRECTOR: ZONING SUPERVISOR: Ronald Thompson~ Robert Mickelsono Mayor Krein called the meeting to order. WALT DISNEY APPRECIATION DAY: Mayor Krein reported on Walt Disney Appreciation Day, proclaimed at the City Council Meeting of December 20, 1966, advising that approval of th. July 17, 1967 (and every year thereafter) date has been given by Disneyland Off~cials~ MINUTES: Minutes of the Anaheim City Council Meetings held December 13 and 20, 1966, were approved on motion by Councilman Chandler, seconded by Councilman Pebley. MOTION CARRIED° WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to waive the reading in full of all ordinances and resolutions, and that consent to the waiver of reading is hereby given by all Councilmen, unless after reading of the title, specific request is made by a Councilman for the reading of such ordinance or resolution. Councilman Chandler seconded the motion~ MOTION UNANIMOUSLY CARRIED° REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the City in the amount of $402,184~06, in accordance with the 1966-67 Budget, were approved° RECLASSIFICATION NO° 64-65-90: Request submitted by Donald L. Bren, President of Newport Construction Company, that Condition No~ 1 of Resolution Nos 65R-469 be modified, was Continued from the meeting of December 20, 1966 to this date, and in accordance with additional request of the petitioner was further continued to January 24, 1967 1:30 PoMo, on motion by Councilman Pebley, seconded by Councilman Chandlers MOTION CARRIED° PUBLIC HEARING - ABANDONMENT: Public hearing was held on proposed abandonment of a road and public utility easement, property described as two proposed interior streets south of Crescent Avenue and West of Gilbert Street (Reclassification No~ 63~-64-77), pursuant to Resolution No~ 66R-789, duly published in the Anaheim Bulletin December 29, 1966 and notices thereof posted in accordance with law.