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1989/01/17City Hall, Anaheim, California - COUNCIL MINUTES January 17, 1989, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: Daly PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Anntka Santalahti ASSOCIATE PLANNER: Janet Botula A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:50 p.m. on January 13, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION; City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59. b. To discuss labor relations matters - Government Code Section 54957.6. c. To discuss personnel matters Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Daly, and welcomed those in attendance to the Council meeting. (5:44 p.m.) INVOCATION; A Moment of Silence was observed in lieu of the invocation. FLAG SALUTE: Councilman Irv Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: PROCLAMATION: The following proclamation was issued by Mayor Hunter and authorized by the City Council: 21 3?. City Hall, Anaheim, California COUNCIL MINUTES - January 17, 1989, 5230 P,M, Anaheim is a "We're Proud" City (in the war against drugs). 119; DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council and presented to Mr. Bruno Serato, owner of Thee White House Restaurant, for his donation of $1,322 to Friends of George Washington Community Center. Mayor Hunter and Council Members thanked Mr. Serato for his generosity which will assist in furthering the goals of the Friends of the George Washington Community Center. MINUTES: Approval of the minutes was deferred to the next regular meeting. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,157,456.76, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING RESOLUTIONS/ORDINANCE: The titles of the following resolutions and ordinance on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-6 through 89R-9, both inclusive, for adoption and Ordinance No. 4988 for adoption) Councilwoman Kaywood moved to waive the reading in full of the resolutions and ordinance. Councilman Ehrle seconded the motion. Councilman Daly was absent. MOTION CARRIED. GITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Ehrle, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 89R-6 through 89R-9, both inclusive, for adoption and Ordinance No. 4988 for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Steven Pillon for property damage sustained purportedly due to actions of the City on or about September 3, 1988. b. Claim submitted by Francisco Gonzalez for property damage sustained purportedly due to actions of the City on or about August 26, 1988. c. Claim submitted by Sherry Gaver for property damage sustained purportedly due to actions of the City on or about September 12, 1988. d. Claim submitted for Shirley Baudtn for property damage sustained purportedly due to actions of the City on or about August 1, 1988. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held December 15, 1988. 22 13 City Hall, Anaheim, California - COUNCIL MINUTES - Jenuary 17, 1989, 5;30 P.M, A3, 123; RESOLUTION NO. 89R-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING SUPPLEMENT NO. 39 TO LOCAL AGENCY-STATE AGREEMENT NO. 12-5055 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID SUPPLEMENT. (Concerning Area-Wide Traffic Management System - Traffic Signal System Detectors - various locations) 106/155: Approving the amendment of the Public Works - Engineering Department 1988-89 Capital Improvement Project budget to increase revenue and expenditures by $120,000 in program 795. A4. 144; RESOLUTION NO. 89R-7; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR EUCLID STREET BETWEEN BROADWAY AND BALL ROAD. (Funds in the amount of $253,781 for Euclid Street between Broadway and Ball Road) AS. 106/172: Approving the amendment of the Public Works - Engineering Department 1988-89 Capital Improvement Project budget in connection with the construction of a right-turn lane on the east side of Lemon Street at Orangethorpe Avenue, a joint project with the City of Fullerton. 123: Approving an agreement with the City of Fullerton for the construction of a right-turn lane on the east side of Lemon Street at Orangethorpe Avenue, and authorizing the Mayor and City Clerk to execute said agreement. A6. 158: Authorizing the payment of $79,304 to Frank R. Monnig and Bernice M. Monnig pursuant to agreement for modifications to their building located at 744 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project R/W 3500-51. A7. 158: Authorizing the payment of $98,500 to James F. Broome and Eleanor J. Broome pursuant to agreement for modifications to their building located at 616 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project - R/W 3500-32. AS. 158: Authorizing the payment of $39,648 to Anaheim Police Association, Inc., pursuant to agreement for modifications to their building located at 508 North Anaheim Boulevard - North Anaheim Boulevard Street Widening Project - R/W 3500-28. A9. 170/123: Approving the assignment of interest in the Reimbursement Agreement dated July 10, 1984, with Pennridge Corporation to assign the rights of Edith M. Colianni, under written contract, to Muntctcorp of California to reimburse them for the cost of Special Facilities incurred with the development of Tract 10409 in Anaheim Hills. Al0. 175.123: Approving an agreement with the Presley Companies, for the design and construction of the one million gallon Deer Canyon Reservoir, to serve Tracts 12685, 12686, 12687, 12689, 12691, and Development Area 8 which are located in the Highlands at Anaheim Hills. 23 14 City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1989, 5;30 P.M. Ail. 175.123: Approving the Public Utilities Department Strategic Business Plan for 1988/89 through 1992/93 as recommended by the Public Utilities Board. Al2. 177.123: Approving a Second Amendment to Land Disposition and Development Agreement with the Housing Authority and Chevy Chase Anaheim Partners, doing business as Park Vista Apartments, to complete the acquisition and rehabilitation of the 94 parcels in the Chevy Chase area. Al3. 123: Approving an agreement with Hope House, Inc. in the amount of $34,000 to provide drug and alcohol rehabilitation services to young adults in the Anaheim area. Al4. 123: Approving a Second Amendment to the Agreement with Graffiti Re~oval, Inc., to increase the amount of the agreement by $9,600 (not to exceed $39,600) in the 1988-89 fiscal year. Al5. 160: Authorizing the Purchasing Agent to issue a change order to McMahon Desk Company for an additional amount of $1,305.28, bringing the revised purchase order total to $25,134.71 for adding four work surfaces for remodeling at Fire Department Headquarters (bid proposal #4645). ~16, ~53; RESOLUTION NO, 89R-8: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING PERSONNEL RULE 4 PERTAINING TO APPROPRIATE SALARY STEP AS ESTABLISHED IN RESOLUTION NO. 88R-166. (To provide acting pay to exempt management employees filling in for any absence over thirty calendar days, effective January 6, 1989) Al7. 123: Approving an Amendment to Section VIII of the Joint Exercise of Powers agreement for the Cooperative Personnel Services Agency; to authorize impressed revolving funds and impressed travel fund; and authorizing the Labor Relations Director to execute an amended agreement on behalf of the City of Anaheim. Al8. 123: Approving an agreement with the City of Yorba Linda to conduct co-sponsored gymnastic classes at Travis Ranch Activity Center beginning January 21, 1989, and authorizing the Mayor and City Clerk to execute said agreement. Al9. 123: Ratifying an agreement with Market Computing, Inc. to sell software developed by Data Processing, and authorizing immediate termination of said agreement. A20, 158; RESOLUTION NO, 89R-9: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTIES OR INTERESTS THEREIN. A21, 172/149; ORDINANCE NO. 4988 (ADOPTION): AN ORDINANCE OF THE CITY OF ANAHEIM TO INCREASE THE SPEED LIMIT ON LINCOLN AVENUE BETWEEN EAST STREET AND OLIVE STREET. 24 11 City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1989, 5:30 P.M. Roll Call Vote on Resolution Nos. 89R-6 through 89R-9: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter None Daly The Mayor declared Resolution Nos. 89R-6 through 89R-9, both inclusive, duly passed and adopted. Roll Call Vote on Ordinance No. 4988: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter None Daly The Mayor declared Ordinance No. 4988 duly passed and adopted. End of Consent Calendar. Councilman Daly was absent. MOTION CARRIED. 179; ITEMS BI B4 FROM THE ZONING ADMINISTRATOR MEETING OF DECEMBER 29, 1988 - DECISION DATE: JANUARY 3, 1989; INFORMATION ONLY - APPEAL PERIOD ENDS JANUARY 18, 1989: B1, VARIANCE NO, 3860, CATEGORICALLY EXEMPT. CLASS 5: OWNER: TIM WUSZ AND BONNIE S. WUSZ, 7395 Humming Bird Circle, CA 92808 LOCATION; 7395 Hummingbird Circle Waiver of minimum structural setback to construct a 600 square-foot garage addition to an existing single-family residence. Variance No. 3860 APPROVED IN PART, by the Zoning Administrator, Decision No. ZA89-O1. A review of the Zoning Administrator's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. B2, VARIANCE NO, 3886, CATEGORICALLY EXEMPT, CLASS 5: OWNER: gTEVE ALLEN, 2737 U. Baylor Avenue, Anaheim, CA 92801 Waiver of minimum structural setback to construct a 745 square-foot garage. Variance No. 3886 APPROVED by the Zoning Administrator, Decision No. ZA89-02. B3, ADMINISTRATIVE ADJUSTMENT NO, 0022 AND NEGATIVE DECLARATION: REQUESTED BY: F. & M. HAKIMI, 1900 E. La Palma Avenue, Suite 101, Anaheim, CA 92802 LOCATION; 500 S. Euclid Waiver of minimum number of parking spaces to construct an enclosed restaurant in an existing retail center. 25 19. City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1989, 5:30 P.M. Administrative Adjustment No. 0022 APPROVED by the Zoning Administrator, Decision No. ZA89-03. Approved Negative Declaration. B4. ADMINISTRATIVE ADJUSTMENT NO, 0023, CATEGORICALLY EXEMPT, CLASS 5: REQUESTED BY: ROBERT B. ~ND FRANKLENA E. HOLLAND, 439 East Chapman Avenue, Orange, CA 92666 LOCATION; 210 South Walnut Street Waiver of minimum side yard setback to construct a 2-story, 5-unit apartment complex. Administrative Adjustment No. 0023 APPROVED by the Zoning Administrator, Decision No. ZA89-04. Ena of the Zoning Administrator Items. 179/108/142: ORDINANCE NO, 4989 - ADDING CONDITIONAL USES TO THE CR ZONE; Adding new subsection .105 to section 18.48.050 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code relating to coin, stamp and baseball trading card dealers as a conditional use in the C-R, Commercial Recreation zone. The proposed ordinance was drafted by the City Attorney at Council's direction at the meeting of December 20, 1988 (see minutes that date). Nelson R. Brewart, Brewart Coins & Stamps requested a determination from the Planning Commission that his proposed use for the subject property is considered to be an art gallery. His current business, Stamps and Coins Collection business has been located at 403 West Katella Avenue since 1975. Councilman Pickler offered Ordinance No. 4989 for adoption. Refer to Ordinance Book. WAIVER OF READING - ORDINANCE; The title of the following ordinance was read by the City Clerk. (Ordinance No. 4989) Councilman Ehrle moved to waive the reading in full of the ordinance. Councilman Hunter seconded the motion. MOTION CARRIED. ORDINANCE NO. 4989: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEWSUBSECTION .105 TO SECTION 18.48.050 OF CHAPTER 18.48 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Before a vote was taken, Councilwoman Kaywood expressed her concern with the proposed ordinance. The study of the CR area is just commencing and it was initiated because of the Council's concern with what was being built in the area. She feels the recommendation to include just the art gallery rather than anything else would be the way to go. She referred to the staff report to the Planning Commission dated December 5, 1988 which listed concerns because of the study that is going to take place to determine what kind of uses will be permitted in order to upgrade the CR area and not allowing just anything in that area. Approving the proposed ordinance would be opening it up to a greater degree. If the Council leaves art galleries as a permitted 26 9 City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1989, 5:30 P.M. use in the CR zone, it would take care of the petitioner's request instead of opening it up to other uses. Anntka Santalahtt, Zoning Administrator. Art galleries are a permitted use in the CR zone at the present time. The request was to have associated uses to the art gallery. The petitioner first made a request that these be accessory uses. The Commission's action was for a CUP rather than making it a permitted accessory use. The proposal, if the petitioner pursues it, will be to allow the other uses with the art gallery if the ordinance is approved today. Mayor Hunter. The art gallery is already a permitted use and the applicant wants to include coins, stamps and basball trading cards. He does not see it as a detriment to the community; Councilman Pickler. He feels those uses would fit in at the subject location. The CUP process would give the Council th~ opportunity to look at such proposals. Councilwoman Kaywood again referred to the staff report noting that the recommendation by staff points out that a major study effort will be commenced in the CR area within two months. The Council should wait for the study before starting something new which the study might recommend be eliminated. Anntka Santalahti. She clarified that only the art gallery could be in the CR zone. The other uses have not been acceptable as permissible under the Code but by adopting the ordinance, a person can file for a CUP. A vote was then taken on the foregoing ordinance: AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Daly The Mayor declared Ordinance No. 4989 duly passed and adopted. 179/108/142; ORDINANCE NO. 4990 BOWLING ALLEYS CONDITIONAL USE IN ML ZONE; Adding new subsections .115 and .616 to section 18.61.050 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code relating to bowling alleys as a conditional use in the ML zone, including the canyon industrial area. This ordinance was introduced at the meeting of January 10, 1989, where a brief discussion took place (see minutes that date). Councilman Pickler moved to continue adoption of the ordinance one week to January 24, 1989. Councilman Ehrle seconded the motion. Councilman Daly was absent. MOTION CARRIED. 179; ORDINANCE NO, 4991 - (INTRODUCTION); Councilman Pickler offered Ordinance No. 4991 for introduction. ORDINANCE NO, 4991: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (Amending Title 18 to rezone property under Reclassification No. 88-89-08 located at 1500 West Broadway, from RS-A-43,000 and RS-5000 zones into the RM-3000 zone) 27 10 City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1989, 5:30 P.M. 179; TERMINATING PROCEEDINGS VARIANCE NO, 1256 ~wND VARIANCE NO, 2410: Councilman Pickler offered Resolution Nos. 89R-10 and 89R-11 for adoption, terminating all proceedings in connection with (1) Variance No. 1256 and declaring Resolution No. 6149 null void and (2) terminating all proceedings in connection with Variance No. 2410 and declaring Resolution No. 72R-440 null and void, as recommended in staff report from the Planning Department dated December 13, 1988 (Variance No. 1256) and December 12, 1988 (Variance No. 2410). WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-10 and 89R-11) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. Councilman Daly was absent. MOTION CARRIED. RESOLUTION NO. 89R-10; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 1256 AND DECLARING RESOLUTION NO. 6149 NULL AND VOID. RESOLUTION NO. 89R-11; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL PROCEEDINGS IN CONNECTION WITH VARIANCE NO. 2410 AND DECLARING RESOLUTION NO. 72R-440 NULL AND VOID. Roll Call Vote on Resolution Nos. 89R-10 and 89R-11: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter None Daly The Mayor declared Resolution Nos. 89R-10 and 89R-11 duly passed and adopted. 114/177: DISCUSSION - 30-YEAR REQUIREMENT FOR AFFORDABLE UNITS: This discussion was requested by Councilwoman Kaywood at the meeting of November 29, 1988. City Manager Bob Simpson reported that staff needs an additional two weeks for the consultant to complete his work on this issue. MOTION; Councilwoman Kaywood moved to continue the discussion on consideration of a 30-year requirement for affordable units for two weeks to January 31, 1989. Councilman Ehrle seconded the motion. Councilman Daly was absent. MOTION CARRIED. ITEMS OF PUBLIC INTEREST: W.W. Wtllard, 320 North Park Vista, Anaheim. He is present to speak on behalf of the Anaheim Political Action Committee (Affordable Housing). They have been led to believe that long-term leases will solve the problems of mobilehome owners in Anaheim but this is not the case. He then read a legal analysis of a long-term lease agreement offered by the Rio Vista Mobile Estates (see letter dated 3anuary 3, 1989 from Patricea L. Dean, Attorney at 28 7 City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1989, 5:30 P.M. Law, 2034 East Lincoln, Suite 339, Anaheim, Ca. 92806 - made a part of the record). Ms. Dean's letter initially stated, "There are so many factors against the homeowner in this document that to adequately comment on all of them would take a longer report than the lease itself." She continued by commenting on various portions of the lease attached to the letter and concluded that in her opinion the mobilehome owner would have very little chance of selling their homes in place if they signed such a contract because very few people would place themselves in the kind of situation that would be created by the document. RECESS: Councilman Hunter moved to recess to public hearings at 7:00 p.m. Councilman Ehrle seconded the motion. Councilman Daly was absent. MOTION CARRIED. (6:15 p.m.) AFTER REC$SS; The Mayor called the meeting to order, all Council Members being present, with the exception of Councilman Daly. (7:00 p.m.) 134/179; GENERAL PLAN AMENDMENT NO. 248, RECLASSIFICATION NO. 88-89-14. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3077 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Victorina Sotelo 3107 W. Lincoln Avenue, Anaheim, CA 92801 Franklin Eugene Kraatz and Joyce La Vaun Kraatz 3111 West Lincoln, Anaheim, CA 92801 David Negron and Diana Negron 3115 W. Lincoln Avenue, Anaheim, CA 92801 AGENT: Newport Pacific Realty & Investment 4400 MacArthur Blvd., 9th Floor, Newport Beach, CA 92660 LOCATION/REQUEST: The properties are located at 3107, 3111 and 3115 West Lincoln Avenue. The General Plan Amendment study includes all properties fronting on the north side of Lincoln Avenue between Western Avenue and Grand Avenue (Planning Commission initiated), for a change in zone from RS-7200 to CL. The petitioner requests an amendment to the Land Use Element of the General Plan to redesignate subject property from Low Density Residential to General Commercial. The Planning Commission has requested that redesignation of all properties fronting on the north side of Lincoln Avenue between Western Avenue and Grand Avenue from Low Density Residential to General Commercial also be considered, to permit a 9-unit, commercial retail center with waivers of (a) maximum structural height and (b) minimum open landscaped setback abutting residential zone boundary. 29 City Hall. Anaheim. California - COUNCIL MINUTES - January 17, 1989, 5;30 P,M. PLANNING COMMISSION ACTION: General Plan Amendment No. 248 was granted by the Planning Commission, under Resolution No. PC88-331; Reclassification No. 88-89-14 was approved by the Planning Commission, under Resolution No. PC88-332; Conditional Use Permit No. 3077 was granted by the Planning Commission, under Resolution No. PC88-333; Waiver of Code Requirement was granted by the Planning Commission; approved EIR - Negative Declaration. HEARING SET ON: Planning Commission requested that City Council review the Reclassification & Conditional Use Permit in conjunction with General Plan Amendment. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 5, 1989. Po~ttng of property January 6, 1989. Mailing to property owners within 300 feet - January 5, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 5, 1988. Janet Botula, Associate Planner. The Planning Commission recommended approval of General Plan Amendment No. 248, Exhibit "B" (posted on the Chamber wall) which incorporated the entire strip between Western Avenue and Grand Avenue. City Attorney White. He suggests that the Council may wish to consider slight modifications to Condition Nos. 5, 6, and 7 of the proposed Reclassification. It appears that the Planning Commission was attempting to impose requirements on the property owner that relate to the overall development of the surrounding properties. The last sentence of Condition Nos. 5 and 6 and the first phrase of Condition No. 7 in the Planning Commission resolution on the Reclassification relate to requiring an access way opposite Topanga Drive which is not on the property that is the subject of this rezoning and also potential access easements across all the properties in the entire block. Council may wish to modify those conditions so they would only relate to the three properties under consideration. If and when there would be a zoning request by any of the other properties in the block, assuming the General Plan Amendment is approved, the Council would have the ability to look at those applications to impose the additional conditions. It is not something that can be complied with by the subject property owner. APPLICANT'S STATEMENT: A1 Marshall, Newport Pacific Realty & Investment, 4400 MacArthur Blvd., 9th Floor, Newport Beach, CA 92660. They have put together a shopping strip center designed to be built in increments. When first presented, the Planning Commission advised them to do the entire block and redesign the 3O City Hall, Anaheim, California - COUNCIL MINUTES - January 17. 1989. 5:30 P.M. project so that it could be accessed appropriately. They did so and also met with Paul Singer, Traffic Engineer, who advised how to properly handle the traffic in and out of the project as per phases and the total project. It was designed with the Traffic Engineer's recommendations up front. It was again presented to the Planning Commission and they approved the plan. The project is designed to be built as they can acquire the land. As they are able to acquire the appropriate properties, they will continue to do so, redesign appropriately and bring them back before the Council. They have designed in increments so that the project can be expanded and accessed as one property with the appropriate ingress and egress opposite the street. It is a good solution to a difficult task of acquiring contiguous property so that it can be a model for the remainder of the properties that will be built. They met with a few of the neighbors who were at the first Planning Commission hearing and assured them there would be no interference with the alley access, no service from that access, no blocking of the access, nor taking of any of the properties. That was the only concern they heard from the neighbors. If there are others, they will be happy to address them. They are trying to acquire 16 parcels total. Because Mr. Marshall was not present when the City Attorney suggested modifications to certain conditions, the City Attorney repeated his recommendations. A1 Marshall. He was not aware of the language as pointed out by the City Attorney. His understanding was that they were to provide reciprocal access in the property they had under their control at the time of approval and that this was reciprocal and available to whoever, if not them, to whatever continued commercial development would be built. They are agreeable to that. City Attorney, Jack White. He feels it i~ one of t~ehnieal difficulty with the language rather than substance. If the project is approved, he will make those technical corrections. It will not change the substance of anything talked about but he did not want anyone to see changes in the language without knowing they were forthcoming and wonder why it was done. It will not impact the development at all. Annika Santalahti. The City Attorney and she discussed Condition No. 5 (second sentence) which would appropriately be modified to say that permanent access on Lincoln Avenue along the entire block face will consist of no more than three driveways including one opposite Topanga as approved by the Traffic Engineer, and that 31 City Hall. Anaheim. California - COUNCIL MINUTES - January 17, 1989, 5:30 P.M. temporary access will be approved by the Traffic Engineer during the interim period. It appears condition No. 6 in its entirety may still be okay. Condition No. 7 can be split into two parts - Part A that specifically refers to only the three subject properties and Part B that might say by some legal means acceptable to and approved by the City Attorney that these on-site pieces shall set aside future cross access so that the future access points are connected. Gouncilwoman Kaywood. She noted Page 3, Item No. 1 of Resolution No. PC88-331, states that commercial development should occur on parcels consisting of a minimum of five lots. Janet Botula. The reason that language was inserted was to assure that projects would not be coming in a parcel at a time. It is recommended that larger lots be assembled as they come in encouraging that type of a development. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilwoman Kaywood. She would like to make one further caveat under the Conditional Use Permit (Condition No. 6, Page 3 of Resolution No. PC88-333), that also no convenience stores be included in the commercial retail center. Annika Santalahtt. The only convenience market they could have is one of 12,000 square feet or bigger and would have to apply for a GUF. Paul Singer, Traffic Engineer. When working with the developer, they have tried to visualize what the entire block is going to look like. There will be one single central left-turn access to all of the properties with two additional right-in, right-out driveways at the ends of the block which will be the safest and most efficient way of serving all the combined parcels in the commercial area. It is going to take some years to reach that point. In the meantime, there will be some changes necessary and he would appreciate it if those can be done on an administrative basis. 32 City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1989, 5:30 P.M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Daly was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-12, 89R-13 and 89R-14) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. Councilman Daly was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-12 for adoption, approving General Plan Amendment No. 248, Exhibit "B"; Resolution No. 89R-13 for adoption, approving Reclassification No. 88-89-14 and Resolution No. 89R-14 for adoption, granting Conditional Use Permit No. 3077 and incorporating the modifications to Condition Nos. 5 and 7 as articulated by the Zoning Administrator with refinements as may be necessary. Refer to Resolution Book. RESOLUTION NO. 89R-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 248. RESOLUTION NO. 89R-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 88-89-14. RESOLUTION NO, 89R-14; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3077. Roll Call Vote on Resolution Nos. 89R-12 through 89R-14: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter None Daly The Mayor declared Resolution Nos. 89R-12 through 89R-14, both inclusive, duly passed and adopted. 179: PUBLIC HEARING - GONDITIONAL USE PERMIT NO. 2169 AND NEGATIVE DECLARATION (PREVIOUSLY APPROVED); APPLICANT: OWNER: Dick Rogers, Outdoor Safaris International 1221 West Coast Highway, Newport Beach, CA 92663 LOCATION/REQUEST: The property is located at 4060 East La Palma (east of Tustin Avenue). The petitioner requests review of revised plans to permit a 2160 square foot modular building (to be used for retail and fast food operations) with outdoor seating, in conjunction with an existing private recreational fishing facility with on-sale of beer and wine. 33 4 City Hall. Anaheim. California - COUNCIL MINUTES - January 17, 1989, 5;30 P,M, PI2%NNING COMMISSION ACTION: Approval of revised plans for Conditional Use Permit No. 2169 was recommended by the Planning Commission; EIR - Negative Declaration previously approved by the City Council on March 31, 1981 (Resolution No. 81R-155) when the Conditional Use Permit was originally granted. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 5, 1989. Posting of property January 6, 1989. Mailing to property owners within 300 feet - January 5, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 5, 1988. APPLICANT'S STATEMENT: Dick Rogers, Outdoor Safaris International, 1221 West Coast Highway, Newport Beach, CA 92663. The fast-food operation is going to be a very small kitchen, approximately 12 x 18 feet. They already have a beer and wine license with their current operation. The fast-food is just going to be hamburgers. Me confirmed they are just replacing the existing unit with a larger one and to be able to offer warm food rather than pre-packaged sandwiches. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration tosether with any comments received durln8 the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Councilman Daly was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-15) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Daly was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-15 for adoption, amending conditions of approval of Conditional Use Permit No. 2169 relating to approved plans. Refer to Resolution Book. 34 City Hall, Anaheim, California - COUNCIL MINUTES - January 17, 1989, 5:30 P,M. RESOLUTION NO. 89R-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2169 AND AMENDING RESOLUTION NO. 81R-155. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter None Daly The Mayor declared Resolution No. 89R-15 duly passed and adopted. ADJOURNMENT: Councilman Hunter moved to adjourn to Tuesday, January 24, 1989, at.lO:00 a.m. for a Transportation Workshop. Councilman Ehrle seconded the motion. Councilman Daly was absent. MOTION CARRIED. (7:23 p.m.) LEONORA N. SOHL, CITY CLERK 35