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1989/04/04City Hall, Anaheim, California COUNCIL MINUTES April 4, 1989, 5:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter ABSENT: COUNCIL MEMBERS: None PRESENT: ASSISTANT CITY MANAGER: Jim Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl ADMINISTRATIVE SERVICES COORDINATOR: Greg Trombley TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti ASSOCIATE PLANNER: Janet Botula A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:30 p.m. on March 31, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:35 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; Ruiz vs. City of Anaheim et al., O.C.S.C.C. No. 45-73-87; Ruiz et al. vs. City of Anaheim et al, 46-30-57; Ruiz vs. City of Anaheim et al., O.C.S.C.C. No. 46-53-15. 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, and welcomed those in attendance to the Council meeting. (5:54 p.m.) INVOCATION: Reverend Rohrs, Trinity United Methodist Church, gave the invocation. FLAG SALUTE: Councilman William Ehrle led the assembly in the Pledge of Allegiance to the Flag. 263 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. 119: PRESENTATION - ANAHEIM HILLS SOCCER TEAM; Team Members of the Anaheim Hills Soccer Team were present along with their Head Coach Bob Miller and Assistant Coaches Randy Pangborn and Jurgen Scott. Certificates were awarded to all team members (10 years old and under) in recognition of winning the State Cup after a 37 and 2 season during which they scored 165 goals allowing only 22 goals. Mayor Hunter and Council Members congratulated each player and their coaches. ' 119; PRESENTATION TO SHERI PIGNONE: Sheri Pignone, long-time Member of the Community Services Board, accepted a plaque from the Mayor and Council Members recognizing her for her long and dedicated service on that Board. 119; PROCLAMATIONS; The following proclamations were issued by Mayor Hunter and authorized by the City Council: Victim Rights Week in Anaheim, April 9 15, 1989, Imagination Celebration Days in Anaheim, April 21 30, 1989, Afro-American Contributions Day in Anaheim, April 5, 1989, California Cosmetology Day in Anaheim, April 5, 1989. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held February 28 and March 7, 1989. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,094,795.13 for the week ending March 24, 1989 and $1,689,651.94 for the week ending March 31, 1989, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances on the Consent Calendar were read by the Assistant City Manager. (Resolution Nos. 89R-94 through 89R-99, both inclusive for adoption; Ordinance No. 5005 for adoption; Ordinance Nos. 5009 through 5011, both inclusive, for introduction). Councilman Pickler moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Pickler offered Resolution Nos. 89R-94 through 89R-99, both inclusive, for adoption; Ordinance No. 5005 for adoption; Ordinance Nos. 5009 through 5011, both inclusive, for introduction. Refer to Resolution/Ordinance Book. Al. 118: The following claims were filed against the City and action taken as recommended: 264 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. Claims rejected and referred to Risk Management: a. Claim submitted by Frank M. DeSande for bodily injury sustained purportedly due to actions of the City on or about August 28, 1988. b. Claim submitted by Richard Lilly for bodily injury sustained purportedly due to actions of the City on or about August 11, 1988. c. Claim submitted by Christine Berens for property damage sustained purportedly due to actions of the City on or about June 18, 1988. d. Claim submitted by Anaheim Land Associates and Mortage & Realty Trust for property damage sustained purportedly due to actions of the City on or about November 13, 1988. e. Claim submitted by Bill Wayne Waldrep for property damage sustained purportedly due to actions of the City on or about August 25, 1988. f. Claim submitted by Holly Vartanian for property damage sustained purportedly due to actions of the City on or about January 28, 1989. g. Claim submitted by Maria Tirado for bodily injury sustained purportedly due to actions of the City on or about November 19, 1988. h. Claim submitted by Sheila D. Brown for bodily injury sustained purportedly due to actions of the City on or about November 19, 1988. i. Claim submitted by Elizabeth Perez for property damage sustained purportedly due to actions of the City on or about January 16, 1989. J. Claim submitted by John Guy for property damage sustained purportedly due to actions of the City on or about January 1, 1989. k. Claim submitted by Richard Ashley for property damage sustained purportedly due to actions of the City on or about October 15, 1988. 1. Claim submitted by Plantation Restaurant for property damage sustained purportedly due to actions of the City on or about January 30, 1988 to January 31, 1989. m. Claim submitted by Kirit Merchant for bodily injury sustained purportedly due to actions of the City on or about November 19, 1988. Application for Leave to Present Late Claim - Denied: n. Claim submitted by John Guy for property damage sustained purportedly due to actions of the City on or about June 14, 1988. A2. 105: Receiving and filing minutes of the Public Utilities Board meeting held February 2, 1989. 265 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held March 15, 1989. 107: Receiving and filing the Building Division Statistical Report ending February 28, 1989. 114: Receiving and filing correspondence from Mayor Alex Giuliani, City of Hayward, regarding the current drought and water usage issues in the State of California. 175: Receiving and filing correspondence from the Public Utilities Commission of the State of California regarding Application No. 89-03-023, Southern California Edison Company, for the authority to increase its energy cost adjustment billing factors and increase its electric revenue adjustment billing factor, effective July 1, 1989. A3. 175: Approving a Notice of Completion of the construction of Three Valve Service Vault Modifications by Spear Pipeline Construction, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A4. 158: Authorizing the payment of $19,500 to Dale Dufault, pursuant to agreement on file, for modifications to his building located at 306 North Anaheim Boulevard in conjunction with North Anaheim Boulevard Street Widening Project (R/W 3500-9). A5. 123: Approving an agreement with Computer Service Company Division at an estimated cost of $42,932 per month, for traffic signal maintenance services, and authorizing the Mayor and the City Clerk to execute said agreement. A6. 123: Approving an agreement with the City of Yorba Linda to share the cost of constructing a traffic signal at the intersection of La Palma Avenue and Weir Canyon Road, and authorizing the Mayor and City Clerk to execute said agreement. ~ 106/167: Increasing revenue appropriations by $80,300 in account no. 49-3255-E444 for FY 1988/89. A7. 123/106: Approving additional work to State Contract 12-003204 for the Ball Road freeway overcrossing of I-5, and authorizing funding in an amount not to exceed $6,000 for the additional work from Project 01-799-6325-E9030 - Northeast corner Ball Road and Harbor Boulevard. A8. 123/170: Approving a Subdivision Agreement of Parcel Map No. 88-117 with DMST Development. The parcel is located south of the intersection of the private streets Martin Road and Marttnella Lane. Ag. 123/170: Approving the Final Map and Subdivision Agreement of Tract No. 13803, subject to the approval of the covenants, conditions and restrictions. The developers are Ronald Crowley and Sedtghe Saadat Hosseini. Tract 13803 is located at 1500 West Broadway. 266 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. AIO. 152/155/131: RESOLUTION NO. $9R-94; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS CITY ENGINEER TO EXECUTE APPLICATIONS FOR FUNDING UNDER S.B. 140 FOR HIGHWAY IMPROVEMENT PROJECTS. All. 123: Approving an agreement with County of Orange Arterial Highway Financing Program (A.H.F.P.) for projects 1235 and 1236 (from 300 feet east of Douglass Road to the Santa Ana River bridge). 144/131~ RESOLUTION NO. 89R-95: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING A PORTION OF KATELLA AVENUE TO BE A COUNTY HIGHWAY FOR A LIMITED PERIOD. (Within the limits and duration of A.H.F.P.) Al2. 170/142: ORDINANCE NO. 5009 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND AMENDING CERTAIN SECTIONS OF CHAPTERS 17.04 AND 17.06 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GRADING. (Adding and amending certain sections of Chapters 17.04 and 17.06 of Title 17 of the Anaheim Municipal Code relating to grading to require public hearing for grading permits) Al3, 149/142: ORDINANCE NO, 5010 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .2390 TO SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING. (Adding a new subsection .2390 to Section 14.32.190 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code relating to no parking at any time on Hunter Street, on the north and south sides, from Hancock Street to its westerly terminus) Al4. 149/142: ORDINANCE NO. 5005 (ADOPTION); AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.190 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING AND STOPPING OF VEHICLES. (Amending Title 14, Chapter 14.32 to provide for no parking at any time at the following locations) 149/142: Frontera Street, north and south sides, from Kraemer Boulevard to 940' east of Kraemer. 149/142: La Palma Avenue, north and south sides, from Kraemer Boulevard to Blue Gum Street. 149/142: Serrano Avenue, both sides, from Somerset Lane to Taylor Court. 149/142: Oak Hills Drive, both sides, from Serrano Avenue to Flint Ridge Way. Al5. 175.123: Approving an Amendment to Orange County Water District Annexation Agreement 87-1. Al6. 175.123: Approving an agreement with O'Brien Partners, Inc., to act as financial advisor to the Public Utilities Department. 267 City Hall, Anaheim, California - COUNCIL MINUTES April 4, 1989, 5;30 P.M. -- Al7. 170.123: Approving the assignment of interest in the Reimbursement Agreements dated June 29, 1976, and December 7, 1976, with Texaco Anaheim Hills, Inc., to Ruth S. Barton. Al8. 175.123: Approving agreements with Baldwin Building Contractors for the construction of water facilities for Oak Hills Reservoir (estimated cost $2,200,000); Summit Reservoir (estimated cost $1,350,000); Primary Mains (estimated cost $1,470,000); and Summit View Pump Station (total cost $690,000). Al9. 160: Accepting the low bid of Meyer Industries c/o Banes Associates, in the amount of $78,408.20 for two 70-foot tubular steel poles, one 72-foot tubular steel pole, and two 75-foot tubular steel poles, all in accordance with bid #4684 as publicly advertised. A20. 123/160: Approving a First Amendment to Agreement with Norman Weinraub, dba City Window Cleaners, to provide window cleaning services at two additional locations in accordance with bid proposal #4647. A21. 105/148/106: Approving the attendance of Community Services Board Chair June Lowry and Boardmember Mary Hibbard at the League of California Cities Community Services Conference, April 12-14, 1989, and appropriating $290 from Council contingency funds to cover registration fees. A22. 150/105/106: Accepting a $20,600 State Child Care Coordination Grant and authorizing the City Manager to execute the acceptance statement on behalf of the City; and appropriating the grant revenue and expenditure into Program 01-344. A23. 123: Approving an agreement with Oliver, Stoever, Barr & Einboden to provide eminent domain services to the City. A24. 123: Approving an agreement with Orange County Center for Health for rehabilitation costs and for provision of prenatal care services to low and moderate income residents, and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City. A25, 153/142: ORDINANCE NO. 5011 (INTRODUCTION): AN ORDINANCE OF THE CITY OF ANA/~EIM AMENDING ORDINANCE NO. 4965, NUNC PRO TUNC. (To add Section 1.04.155 to the code relating to titles of management positions) A26. 158; RESOLUTION NO, 89R-96: 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. A27. 123: Approving an agreement with Harbtcht Research and Associates, and M.L. Media Partners, L.P. (Multivision Cable TV) in the amount of $16,362 to conduct a cable television subscriber survey. Assistant City Manager James Ruth, explained for Councilman Ehrle that the City initiated the Cable Television Subscriber Survey due to concerns over delivery of service. 268 City Hall, Anaheim, California COUNCIL MINUTES April 4, 1989, 5:30 P.M. Jeff Kirsch, 266 West Palais. He has concerns as well relative to the expense of public money. He asked if the franchise had some time limit and if a public hearing was required for extension or renewal of the franchise or if there would be less cost alternative. Mayor Hunter recalled that approximately 3 weeks ago, the City's cable franchisee, Multivision, presented the City with a check for $563,000 as their annual franchise fee. He feels conducting a survey to find out what subscribers either like or do not like about the service is a positive thing. Kristine Thalman, Intergovernmental Relations Officer. The survey being conducted is a joint venture between Multivision and the City. The amount for the survey is $16,000 and is being split evenly - 50% by Multivtston and 50% by the City or approximately or approximately $8,000 each. She feels the survey results will be very beneficial. Relative to the term of the franchise, it is for 15 years and more than 5 years is remaining; Councilwoman Kaywood also noted that required public hearings were held at the time the franchise was awarded. A28 128: RESOLUTION NO. 89R-97: A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF ANAHEIM FOR COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS. (Community Facilities District No. 1989-1 Sycamore Canyon) 128; RESOLUTION NO, 89R-98; A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF ANAHEIM FOR COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS. (Community Facilities District No. 1989-2 The Highlands) A29. 152/158/182: RESOLUTION NO. 89R-99: A RESOLUTION OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT TO ACCEPT DEEDS OF TRUST AND CONSENT TO ACCEPT DEEDS OF TRUSTS AND CONSENT TO THEIR RECORDATION ON BEHALF OF THE CITY OF ANAHEIM. Roll Call Vote on Resolution Nos. 89R-94 through 89R-99 (with the exception of Resolution No. 89R-98): AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-94 through 89R-99, both inclusive, duly passed and adopted. Roll Call Vote on Resolution No. 89R-98: AYES: NOES: ABSTAINED: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: coUNcIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter None Kaywood None 269 City Hall, Anaheim, California COUNCIL MINUTES April 4, 1989, 5:30 P.M. The Mayor declared Resolution No. 89R-98 duly passed and adopted. Roll Call Vote on Ordinance No. 5005: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Ordinance No. 5005 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 105; APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT COMMISSION: Appointment from the list of candidates to fill the unscheduled vacancies on the Community Redevelopment Commission left by Robert Doty (term ending June 30, 1991) and Earl Rhoads (term ending June 30, 1991). This matter was continued from the meeting of March 21, 1989, to this date. MOTION: Councilman Ehrle moved to continue the subject appointments to Tuesday, April 11, 1989. Councilman Daly seconded the motion. MOTION CARRIED. 179: ITEMS BI - B6 FROM THE PLANNING GOMMISSION MEETING OF MARCH 13, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 4, 1989: Bi. ENVIRONMENTAL IMPACT REPORT NO. 288, RECLASSIFICATION NO. 88-89-27, CONDITIONAL USE PERMIT NO, 3106 AND DEVELOPMENT AGREEMENT NO, 88-05: OWNER: CALIFORNIA DRIVE-IN THEATRES, 120 North Robertson, Los Angeles, CA 90048 AGENT: IDM CORPORATION, 5150 East Pacific Coast Highway, Long Beach, CA 90804 LOCATION; 291 North State College Boulevard, City of Orange, (Orange Drive-In Theatre) For a c~ange in zone from ML to CO. To permit and govern the construction of one (1) 18-story, 391,667 square-foot commercial office building and a 2,843 space, 6-level parking structure (City of Anaheim) in conjunction with two (2) 10-story, 250,000 square-foot commercial office buildings and two (2) 18-story, 321,667 square-foot commercial office buildings in the City of Orange (IDM Business Center). Reclassification No. 88-89-27 GRANTED by the Planning Commission, PC89-70. CUP NO. 3106 GRANTED by the Planning Commission, PC89-71. Recommended approval of Development Agreement No. 88-05 by the Planning Commission, PC89-72. Planning Commission recommends certification of EIR NO. 288 with Statement of Overriding Considerations. Review by City Council requested by the Planning Commission. A public hearing will be held on April 25, 1989 at 3:00 P.M. 270 City Hall, Anaheim, California COUNCIL MINUTES - April 4, 1989, 5:30 P.M. B2, GENERAL PLAN AMENDMENT NO. 252, RECLASSIFICATION NO, 88-89-41, VARIANCE NO, 3909 AND NEGATIVE DECLARATION: OWNERS: WILLIAM YOCHEM AND LORENE YOCHEM, 2810 Randy Avenue, Anaheim, CA 92806 AGENT: MOHLER CORPORATION, 874 N. Batavia Street, Orange, CA 92668 LOCATION: 502 South Rio Vista Street For a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. Petitioner requests amendment to the the Land Use Element of the General Plan proposing a redesignation from the current Low Density Residential designation to the Medium Density Residential designation with waivers of (a) maximum structural height and (b) minimum structural setback to construct an 8-unit apartment building. Recommended approval of GPA NO. 252 by the Planning Commission, PC89-73. Reclassification No. 88-89-41 GRANTED by the Planning Commission, PC89-74. Variance No. 3909 GRANTED by the Planning Commission, PC89-75. Approved Negative Declaration. Review by City Council requested by the Planning Commission. A public hearing will be held on May 2, 1989 at 6:00 P.M. B3 RECLASSIFICATION NO. 88-89-31, VARIANCE NO. 3895 AND NEGATIVE DECLARATION:' OWNERS: RAYMOND L. PHILLIPS, 9292 N. Batavia Street, Orange, CA 92665 AGENT: MAGDY HANNA, 4400 MacArthur Blvd., Suite 680, Newport Beach, CA 92660 LOCATION: 3629 & 3633 W. Savanna Street For a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. To construct a 3-story, 20-unit apartment complex with waivers of (a) maximum structural height and (b) maximum site coverage. Reclassification No. 88-89-31 GRANTED by the Planning Commission, PC89-76. Variance No. 3895 GRANTED by the Planning Commission, PC89-77. Approved Negative Declaration. B4. VARIANCE NO, 3904 AND NEGATIVE DECLARATION: OWNERS: ARNT G. QUIST, TRUSTEE OF THE QUIST INCORPORATED RETIREMENT TRUST, 2957 Catalpa Avenue, Newport Beach, CA 92660 AGENT: FRANK KURIAKOS, 12001 Euclid Street, Garden Grove, CA 92640 LOCATION; 300 South Anaheim Boulevard To construct a 2,707 square-foot enclosed restaurant with waiver of minimum number of required parking spaces. Variance No. 3904 GRANTED by the Planning Commission, PC89-78. A review of the Planning Commission's decision was requested by Council Members Kaywood and Ehrle, and therefore, a public hearing will be set at a later date. 271 City Hall, Anaheim, California - COUNCIL MINUTES April 4, 1989, 5:30 P.M. B5, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3127 AND NEGATIVE DECLARATION; OWNER: SIERRA PACIFIC DEVELOPMENT FUND III, 3 Corporate Plaza, Suite 100, Newport Beach, CA 92660 AGENT: EAST HILLS COMMUNITY CHURCH, ATTN: Tim Gillette, 4835 School Street, Yorba Ltnda, CA 92686 LOCATION; 140 South Chaparral Court To permit a church facility within an existing office building with waiver of minimum number of parking spaces. CUP NO. 3127 GRANTED by the Planning Commission, PC89-79. Waiver of Code Requirement GRANTED by the Planning Commission. Approved Negative Declaration. B6. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3126 AND NEGATIVE DECLARATION: OWNERS: LEONARD N. GILLILAND JR., AND LAUREEN A. GILLILAND, WILLIAM C. AND CYNTHIA LYNN TAORMINA, 912 N. Anaheim Boulevard, Anaheim, CA 92802 AGENT: DAVID L. WALL, P.O. Box 2276, Anaheim, CA 92814 LOCATION: 910, 912 and 916 North Anaheim Boulevard To construct a 3,300 square-foot building for automotive repair with waiver of minimum number of parking spaces. CUP NO. 3126 GRANTED by the Planning Commission, PC89-80. Waiver of Code Requirement GRANTED by the Planning Commisson. Approved Negative Declaration. The Planning Commission's decision was appealed by the applicant and, therefore, a public hearing will be scheduled at a later date. 179; ITEM B7 FROM THE PLANNING COMMISSION MEETING OF MARCH 27, 1989 INFORMATION ONLY~- APPEAL PERIOD ENDS APRIL 6, 1989: B7. TRACT NO. 12994 - (SYCAMORE CANYON); OWNER: WOODCREST DEVELOPMENT, INC. Petitioner requests waiver of certain requirements of Title 17, the hillside grading ordinance, relating to Tract No. 12994 (Sycamore Canyon). Tract No. 12994 APPROVED by the Planning Commission. This Tract was set for a public hearing before the City Council on April 18, 1989. End of the Planning Commission Items. B8, CONDITIONAL USE PERMIT NO, 2888 - EXTENSION OF TIME: REQUESTED BY: LA_RUE FREY, INC., 12171 Country Lane, Santa Aha, CA 92705 LOCATION; 441 Fairmont Boulevard. The request is for an extension of time to expire April 21, 1990 to comply with conditions of approval of Conditional Use Permit No. 2888, which permits a church 272 City Hall, Anaheim, California - COUNCIL MINUTES April 4, 1989, 5:30 P.M. on RS-HS-22,000 zoned property, as recommended in memorandum dated March 10, 1989 from the Planning Department. MOTION: Councilman Pickler moved to approve the requested extension of time on Conditional Use Permit No. 2888, to expire April 21, 1989. Councilman Ehrle seconded the motion. MOTION CARRIED. 179: ORDINANCE NO. 5006 - ADOPTION: Amending Title 18 to rezone property under Reclassification No. 88-89-33 located at 625 North Valley Street from the RS-A-43,000 zone to the RM-1200 zone WAIVER OF READING ORDINANCE; The title of the following ordinance was read by the City Clerk. (Ordinance No. 5006) Councilman Hunter moved to waive the reading in full of the ordinance. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance No. 5006 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5006: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler and Kaywood Daly and Hunter None The Mayor declared Ordinance No. 5006 duly passed and adopted. 179/142; ORDINANCE NO. 5007 CHURCHES AS CONDITIONAL USE IN CANYON INDUSTRIAL AREA:~ Amending Subsection .614 of Section 18.61.050.600 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code relating to churches as conditional uses in the Canyon Industrial Area. (See minutes of March 7, 1989 where the request of Pastor Michael Taylor of the Community Christian Church to amend the ordinance was discussed). UAIVER 0F READINC - 0RDINANCR: The title of the following ordinance was read by the City Clerk. (Ordinance No. 5007) Councilman Pickler moved to waive the reading in full of the ordinance. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance No. 5007 for adoption. Refer to Ordinance Book. ORDINANCE NO. 5007: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .614 OF SECTION 18.61.060.600 OF CHAPTER 18.61 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 273 City Hall, Anaheim, California - COUNCIL MINUTES - April 4. 1989. 5:30 P.M. Before a vote was taken, Councilwoman Kaywood stated when the discussion originally took place which eventually allowed churches to locate in the industrial area for not more than 3 years, it was definitely with the understanding that it was to provide churches with the start they needed so that they could eventually find a permanent location. Allowing the possibility of a 9-year stay in the canyon industrial area will turn into a permanent use because the cost of land will continue to escalate and the churches will continue to request an additional 9 years and so on. This area is part of Redevelopment and is an area set aside for job-producing uses. She is extremely concerned that interim use by churches will become permanent. Mayor Hunter. He disagrees. The ordinance as proposed will now allow a 3-year time limit with the possibility of an extension for three additional years with a 9-year maximum. The churches want to establish their congregation so that they can eventually build a church building not to become housed in an industrial building forever. It is not their goal or purpose. Councilman Pickler. He has the same concerns as Councilwoman Kaywood but in looking at the canyon industrial area, there are presently many vacancies. He would like to have a periodic report back from staff perhaps every 2 years on the status of occupancies in the canyon industrial area. If the City reaches a point where the land is needed for strictly industrial uses, this will affect his decision on whether or not a church would get a 3-year renewal if they requested; Councilwoman Kaywood expressed an additional concern that if an industrialist was looking to locate in that area, he will not do so if a church is located there. A vote was then taken on the foregoing ordinance. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL-MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Ordinance No. 5007 duly passed and adopted. 179' ORDINANCE NO. 5008' Amending Title 18 to rezone property under Reclassification No. 87-88-24 located at 1925 West Lincoln Avenue from the GL zone to the RM-1200 zone. WAIVER OF READING - ORDINANCE; The title of the following ordinance was read by the City Clerk. (Ordinance No. 5008) Councilman Pickler moved to waive the reading in full of the ordinance. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Ordinance No. 5008 for adoption. Refer to Ordinance Book. 274 127 CitH Hall, Anaheim, California COUNCIL MINUTES - April 4, 1989, 5;30 P.M. ORDINANCE NO, 5008: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. Before a vote was taken, City Attorney Jack White, explained for Councilwoman Kaywood that the proposed ordinance only approves the reclassification to RM-1200. To the extent they require further permits to construct a restaurant, this action does not approve a restaurant but specifically only the zoning for the property. A vote was then taken on the foregoing ordinance. Roll Call Vote on: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler and Hunter Daly and Kaywood None The Mayor declared Ordinance No. 5008 duly passed and adopted. ITEMS OF PUBLIC INTEREST' Sally Horton, 56 North Claudina. On behalf of ANA (Anaheim Neighborhood Association) she would like to invite the Council to attend their, "call me crazy renovator's house tours" on April 22 and 23, 1989 from 10:00 a.m. to 5:00 p.m. They have subtitled it a celebration of neighborhood preservation. It is their intent with the tour in celebration to present downtown as a viable and quality place to live, work and shop. The best way to do so is to open their neighborhoods to the community. She gave a further explanation of the activities involved and in concluding emphasized that ANA hopes the Council will attend. Jeff Kirsch, 2661 West Palais. He referred to the pilot trash recycling program approved by the Council at their meeting of March 21, 1989. It is a worthy program but he is concerned as a taxpayer over the rate increase to residents and if the levying of a fee on all residents is funding the contractor to the tune of $2.5 million for equipment, which besides recycling will improve his efficiency. He wonders if the effort will truly increase recycling or merely redirect existing recycling efforts. He hopes these points are evaluated by Council and staff as the program progresses. Councilman Pickler. That is why the private program is a one year program. These and many other questions are those that staff will have the answers for at the end of the one year period. 128: CONTINUED PUBLIC HEARING - MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO, 1989-3 THE SUMMIT; At the Council meeting of February 20, 1989, the Council determined a policy on the establishment of a Mello-Roos District for the three new Ranch developments in East Anaheim Hills declaring their intent to establish a Community Facilities District, authorizing the levy of special taxes pursuant to the Mello-Roos Community Facilities Act of 1982, and declaring the intention to incur bonded indebtedness of the three proposed Community Facilities Districts. A public hearing was subsequently scheduled for February 7, 1989 on the subject district. 275 128 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. The request was granted and public hearing continued to February 21 March 7 and March 21, 1989 (see minutes those dates). At the March 21, 1989 meeting, the Council approved the facilities to be included in the District and continued the public hearing to this date for submittal of appropriate documents to be acted upon at this time. STAFF INPUT: See staff report dated March 30, 1989, recommending first that any additional public testimony be taken with respect to Community Facilities District 1989-3, closing the public hearing and taking certain necessary actions with regard to formation of the District. Greg Trombley, Project Manager, Mello-Roos. At the Council meeting of March 21, 1989, Council determined the projects to be included within Community Facilities District 1989-3. During the interim, staff has prepared the necessary documentation which is being presented to the Council today. Mayor Hunter first asked if anyone wished to speak; there being no response, he closed the public hearing. WAIVER OF READING RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution Nos. 89R-100) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-100 for adoption, approving the formation of Community Facilities District No. 1989-3 (The Summit), authorizing the levy of a special tax within the district, preliminarily establishing an appropriations limit for the district and submitting levy of the special tax and the establishment of the appropriations limit to the qualified electors of the district. Refer to Resolution Book. RESOLUTION NO. 89R-100: A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT. (Community Facilities District No. 1989-3 The Summit) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-100 duly passed and adopted. WAIVER OF READING RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-101 and 89R-102) 276 125 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5;30 P.M. Councilman Hunter moved to waive the reading in full of the resolutions. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-101 for adoption, determining the necessity to incur bonded indebtedness within Community Facilities District No. 1989-3 (The Summit) and submitting proposition to the qualified electors of the district; and Resolution No. 89R-102 for adoption, calling a special election - The Summit. RESOLUTION NO. 89R-101: A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. (Community Facilities District No. 1989-3 The Summit) RESOLUTION NO, 89R-102: A RESOLUTION CALLING SPECIAL ELECTION. Facilities District No. 1989-3 - The Summit) (Community Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-101 and 89R-102 duly passed and adopted. City Clerk Sohl, having received the ballots cast by landowners in the Special Landowner Election, then opened the ballots (2) and announced that the following votes were cast: 307 votes cast - YES 285 votes cast - YES The Canvass and Statement of Result of Election - The Summit (1989-3): 592 votes cast - 592 YES votes. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-103) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-103 for adoption, declaring results of special election and directing recording of Notice of Special Tax Authorization - Sycamore Canyon. Refer to Resolution Book. RESOLUTION NO. 89R-103; A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX AUTHORIZATION. (Community Facilities District No. 1989-3 - The Summit) Roll Call Vote: 277 126 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-103 duly passed and adopted. Councilman Hunter offered Ordinance No. 5012 for introduction. ORDINANCE NO, 5012: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT). City Attorney White noted that another resolution listed in the staff report dated March 30, 1989 was left off the agenda, authorizing the issuance of special tax bonds of the City of Anaheim for Community Facilities District No. 1989-3 (The Summit), approvin§ and directing the execution of a Fiscal Agent Agreement and approving other related documents and actions (see Page Nos. 2 and 3 of the report). WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-104) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-104 for adoption. Refer to Resolution Book. RESOLUTION NO. 89R-104: A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE CITY OF ANAHEIM FOR COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT), APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS. Roll Call Vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 89R-104 duly passed and adopted. Mr. Trombley then clarified for Councilwoman Kaywood that the City tax rate recommended is 1.36 %. 134; PUBLIC HEARING - GENERAL PLAN AMENDMENT NO, 251 AND NEGATIVE DECLARATION: INITIATED BY: City of Anaheim 200 South Anaheim Boulevard, Anaheim, CA 92805 278 City Hall, Anaheim, California - COUNCIL MINUTES April 4, 1989, 5:30 P.M. LOCATION/REQUEST: The subject study area is approximately 4.79 acres bounded on the west by Vine Street, on the north by alley south of Broadway, on the east by alley west of Rose Street, and on the south by alley north of Santa Ana Street. The request is to consider an amendment to the Land Use Element of the General Plan proposing redesignation from Medium Density Residential to Low-Medium Density Residential. PLANNING COMMISSION ACTION: General Plan Amendment No. 251, Exhibit A, was approved by the Planning Commission under Resolution No. PC89-29; approved EIR Negative Declaration. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 23, 1989. Posting of property March 23, 1989. Mailing to property owners within 300 feet - March 24, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 30, 1989. Sally Horton, 226 North Claudina. She is in favor of the proposed General Plan Amendment and the downzoning that will result but wanted to know why it was recommended and how they can get the City to recommend more such amendments. Janet Botula, Associate Planner. On December 19, 1988, the Planning Commission considered several variances to waive minimum building site areas per dwelling unit and maximum coverage to construct 2-story 4 unit affordable apartment projects on South Bush Street. Although the neighborhood residents spoke in opposition and the variances were granted, in response to the concerns expressed relative to demsity, the Planning Commission initiated the subject General Plan Amendment to examine the impacts of redesignating the area from medium density to low density. She confirmed it is an attempt to make the General Plan match the zoning. Mayor Hunter asked if anyone wished to speak. Patricia Meza, 325 1/2 South Bush Street. She is representing a group of her neighbors who are all in favor of the GPA. She urged the Council's approval which will be helpful in their area so as not to increase the already existing traffic and other problems they are experiencing. She wished it had been done sooner. COUNCIL ACTION: There being no further persons who wished to speak, Mayor Hunter closed the public hearing. 279 City Hall, Anaheim, California - COUNCIL MINUTES ~ April 4, 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. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-105) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-105 for adoption, approving General Plan Amendment No. 251, Exhibit "A". Refer to Resolution Book. RESOLUTION NO, 89R-105: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 251, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-105 duly passed and adopted. 179: CONTINUED PUBLIC HEARING VARIANCE NO, 3859 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Anaheim General Hospital Ltd 3320 W. Ball Road, Anaheim, CA 92804 AGENT: Rvadd A. Jeffrey 3350 W. Ball Road, Anaheim, CA 92804 LOCATION/REQUEST: The property is located at 3350 W. Ball Road. The request is to construct a 30,000 square-foot, 3-story medical office building with waiver of minimum number of required parking spaces. PLANNING COMMISSION ACTION: Variance No. 3859 was denied by the Planning Commission under Resolution No. PC89-07; approved Negative Declaration. HEARING SET ON: A letter of appeal was submitted by Farano and Kieviet on behalf of the owner, Anaheim General Hospital. This matter was continued from the meeting of March 21, 1989 where testimony was given, to this date (see minutes that date). 28O City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 9, 1989. Posting of property March 9, 1989. Mailing to property owners within 300 feet - March 10, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 16, 1989. APPLICANT'S STATEMENT: Mr. Tom Kieviet, Farano & Kteviet, 100 South Anaheim Boulevard, representing the owners of Anaheim General Hospital for a waiver of minimum number of parking spaces on the subject project. The request is only for approval of the parking areas. The proposed project will provide more than adequate parking on site. Mr. Kieviet then gave an extensive and detailed presentation which included an historic overview regarding the buildings presently on the site, square footages involved and the parking situation as it evolved over the years. With regard to the subject request, parking studies have been prepared and reviewed by the City Traffic Engineer. The consensus among all experts is that there will be more than adequate parking on the property to serve the hospital and all medical buildings. He then broached the concerns expressed by the residents on Masters Lane working from documentation which he presented to the Council (see proposed parking layout which contained a site plan showing the total parking spaces available under the existing and proposed land use along with photographs which corresponded to the numbered lots which photographs were taken at different times of the day showing the spaces available at those times). He briefed all of the information contained in the submittal. The total demand of spaces on the hospital site would be 195 and they are proposing 226 available for medical office use or a 31 sp~ce surplus for medical office building parking over and above its peak demand. He then proposed conditioning the variance on the implementation of a Parking Management Program approved by the City Traffic Engineer. In addition, to enforce the program, they are proposing the Condition No. 20 currently proposed in the staff report be reworded to provide that the property owner record a covenant that runs with the land to maintain the Parking Management Program or else provide additional off street parking or be subject to a $250 a day penalty if the program is not maintained (see sheet submitted and entitled - Variance No. 3859 Anaheim General Hospital - conditions Re: Parking Management Program - made a part of the record). Working from the posted site plan, Mr. Kieviet explained how and why their parking plan would work. Relative to Masters Lane, it is their contention that street parking on Masters Lane is caused by the medical office building across the street and not by the hospital or medical office buildings on site. A solution would be to red curb the east side of the street as well as the 281 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P,M. west side up to the residents. The distance from the residential homes to the medical office in the hospital would then be a disincentive. He is asking that the variance be approved with the change to Condition No. 20 relative to implementation of a Parking Management Program approved by the City Traffic Engineer and that a covgnant shall be recorded that requires the property owner to maintain a property management program or construct a parking structure or pay $250 a day fine if not maintained. (Also see detailed letter dated March 29, 1989 previously submitted to the Council by Thomas Kieviet which relates to and further explains the parking issue). PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Dr. David Hsu, owner, 3400 West Ball Road. There has been a parking problem since they built their medical office building on the corner of Masters Lane in 1982. In 1983 they tried to divert all doctors and secretaries to a leased parking lot to the west of the building in a shopping center. At that time they requested everybody to park in the shopping center noting that cars will be towed away if parked in other areas. Dr. Hsu then addressed the parking issues and problems as well as the reasons why they feel that the hospital's parking plan utilizing gates, guards and patrols will not alleviate those problems which measures may, in fact, entice people to park in the residential area since visitors to the hospital will have to park at the rear of the hospital. (See Dr. Hsu's detailed letter to the Council dated March 9, 1989 which elaborated upon the parking issues. Larry Greer, Principal with Greer & Company, Traffic Engineers, 2323 West Lincoln Avenue. His firm was retained by the Anaheim General Medical Center, owners of the building across Masters Lane represented by Dr. Hsu who just spoke. This is basically the same plan Greer responded to at the Planning Commission on two other occasions with some minor changes and elaboration on the Parking Management Program. They all agree with the applicant's original traffic consultant that the total number of spaces is not the issue, but how the parking spaces are distributed relative to the accessibility to the office buildings as well as the hospital. Mr. Greer then elaborated on the findings of his study as well as addressing his concerns with the proposed Parking Management Program which he feels will increase the pressure of parking on Masters Lane and Oak Haven as well as other street parking that will be closer than parking 1,100 feet from the back of the hospital. There is a parking shortage in front of the hospital. The alternatives are to put the new 282 City Hall, Anaheim, California - COUNCIL MINUTES April 4, 1989, 5:30 P.M. office building at the rear of the hospital which will take the demand for parking to the rear. A second alternative is to provide a single parking deck over the front parking area on the east side of the site. They have major concerns about the effectiveness and enforceability of the Parking Management Program and the availability of parking out front to serve all or part of the office building. Lee Four, 1209 Masters Lane. People are parking 1/3 of the way down their street on both sides. He is concerned about the safety of his 5-year old daughter. Cars now turn around at the end of cul de sac which is not a safe situation for the children living there. The Parking Management Program sounds confusing enough to cause everybody to continue to park on the residential streets. There has to be a better way to keep patrons from parking on Masters Lane. Red curbing of the street will cause problems for the residents. Paul Singer, Traffic Engineer. He addressed the question of permit parking broached by Councilman Pickler and stated that they tried to discourage permit parking wherever possible because areas so designated are difficult and expensive to administer. In this case there may be other ways to address the problem and he will recommend those as soon as all testimony is received. Steve File, 1251 Masters Lane. The outpatient clinic is the problem (Dr. Hsu's facility). If the proposed building is allowed it can only make matters worse. Employees will park on their street. He is concerned that new buildings are built which hope to grow in the future but with only minimum parking proposed. U-turns on the cul de sac are a danger to safety. Joyce Mickelow, 1240 Masters Lane (also see Mrs. Mickelow's testimony given at the public hearing on March 21, 1989 continued to this date). Parking is all 'the way up to her home. She does not favor red curbing the street. People do not realize Masters Lane is a cul de sac coming off Ball Road. There is need for a "Not a Through Street" sign so that motorists are not led to believe they can get through Masters Lane. She is very concerned for safety of children who live on the street. The proposed solutions will not help the parking situation on Masters Lane. Many patients also are parking on the street. It does make a difference relative to the value of their homes. The fence proposed to be installed will cause everyone to park on Masters Lane. She also submitted a letter from Linda and Renae Satchell, 1291 South Masters Lane, listing several concerns about the subject proposal especially relative to traffic impacting their street. 283 City Hall, Anaheim, California COLINCIL MINUTES - April 4, 1989, 5:30 P,M. George Brott, 3306 West Glen Holly Drive. He does not live on Masters Lane but he uses it since his wife is in a wheelchair and the handicapped sections of the medical office building are blocked off because they are being used. He feels that the parking is unsatisfactory relative to all of the buildings and explained from the posted site plan the problem he encounters. Larry Horwitz, Hart, King & Coldren, 200 East Sand Pointe, Suite 400, Santa Aha. He represents Anaheim General Medical Center, Dr. Hsu's partnership (see Mr. Horwttz's letters dated March 13 and March 16, 1989 which addressed the parking issue in detail). In his extensive presentation, he addressed statutory requirements and what the proposed medical office building will do to the current situation. He pointed out that the total number of parking spaces required by the medical office building and the hospital is 822 and currently there are approximately 400 parking spaces in place. He then explained how that had occurred. Under the Anaheim Municipal Code, the City Council must find to grant a zoning variance either special circumstances or certain facts that will deprive the hospital of privileges enjoyed by similar properties. The proponent is arguing that the Parking Management Program is somehow a special circumstance. There is an easement running in favor of Dr. Hsu's office building granted by the hospital for 124 spaces and that is how the current situation came about. There is no community support for the project. Mr. Pringle of Weston Pringle, the applicant's Traffic Engineer has not testified and there is no documentation presented to the Council supporting any conclusion by Mr. Prtngle. There is no special circumstance. He urged a review of the conclusion of the Planning Commission and subsequent denial of the zoning variance. SUMMATION BY APPLICANT: Floyd Farano, Farano & Kteviet. He first deferred to Mr. Wes Pringle, their Traffic Consultant. Wes Pringle, Weston Pringle & Associates, 2651 East Chapman, Fullerton. The parking lot area in red on the posted site plan is to provide parking not only for visitors to the medical office building, but also employees. He is not saying the employees of the medical buildings need to park to the rear. %~ose areas are preserved not only for visitors but staff. They agree with the total number of spaces being inadequate. The numbers Mr. Greer referred to 283 is correct. He subtracted the 48 spaces which are provided at 3400 Ball Road, Dr. Hsu's building. Demand was 195 which was needed on the hospital property and they dealt with the 195 figure. Documentation is provided in the report he submitted dated March 9, 1989 which has been on file with the 284 City Hall, Anaheim, California COUNCIL MINUTES April 4, 1989, 5:30 P.M. City. The operation of the lot is such that they will insure that the "red" areas will be available for the medical office buildings. The hospital will be reoriented making parking convenient for visitors. The entrance will be changed to the rear. It is a workable plan. Floyd Farano. He explained the studies that had been done in January which included photographs and a video tape of those parking on Masters Lane, the frequency of certain vehicles parking on that street, where people utilizing Masters Lane were coming from, etc. The conclusion was that although there is a problem on Masters Lane, it is not being caused by the hospital. After further addressing parking issues, he stated that the latest offer they will make is that they will pay for the construction of a gate across Masters Lane that will make it a private entrance to be used only by cars of the residents. The proposed medical office building could be built on the site as a matter of right if they could find a way to accommodate the parking spaces. They have tried to locate the hospital oriented spaces into the green area and save the red area for the medical office buildings. Mr. Pringle has testified that would be a viable solution. Mr. Farano then submitted additional documentation for the record and in concluding stated that all traffic experts agree that parking is sufficient the issue is the manner in which they are arranged. They agree that cars should not park on Masters Lane. The hospital is not the offender but the medical office building. They will continue to offer any proposal to correct the problem on Masters Lane. Paul Singer, City Traffic Engineer. The first recommendation when dealing with the request was that th~ new office building be located in the "green" area as shown on the posted site plan. He was told it would not be possible because of the architecture and operational needs of the hospital. Based on the constraints, staff had worked long and hard with the applicant and owners of the medical office building. One study indicates there may be adequate parking, in another that there will be a shortage of 68 spaces. To insure that no shortage occurs, the red area could be decked to provide the additional 68 spaces and staff's recommendation is that the applicant would construct a parking deck containing at least 68 spaces. The parking on Masters Lane is a separate problem. The proposed wall along Masters Lane separating the hospital facility from the medical office building will cause additional walking and encourage additional parking on Masters Lane. He has suggested and asked Mr. Farano during the proceedings if the applicant would be willing to construct a gate and vacate the street from public use making it a private street. The property owners would then have to maintain the street but would have a gated community precluding people from the hospital or medical 285 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5;30 P.M. office building from invading their private street thereby removing the need for the wall and making the parking spaces on the east side of Masters Lane shown in the red area more accessible to the medical office building on the west side. The basic recommendation is that a condition be included that specifies in great detail the parking management strategy, that the applicant be required in some manner or bind himself to provide up to 68 parking spaces should that become necessary, that the applicant undertake to process documentation to vacate Masters Lane and construct a turn around plus a gated community to preclude vehicles entering into Masters Lane and that there be a monitoring system on a continuous basis. Under those circumstances, the subject could be a viable project. He also took note of the request for a "Not a Through Street" sign which he will have installed as soon as possible. Council Members Pickler and Ehrle were in support of Mr. Singer's recommendation and felt that a gated community would work well; Councilman Pickler asked Mr. Singer how long a period of time he would recommend to determine when the additional structure would be needed to accommodate the 68 parking spaces. Mr. Singer answered three years following occupancy of the new building. City Attorney White. He suggested that in offering a resolution of approval that it be with a modification of condition No. 20 and further modification as recommended by the City Traffic Engineer making findings as required by Section 18.06.80 of the Anaheim Municipal Code that would be contained in the resolution. As an aside, he pointed out if the resolution is adopted with a condition relating to the project going forward on condition that the street is vacated and the gate installed, that will be the subject of further proceedings under the Street Vacation Law and will require additional public hearings. People in the area would be informed of that and have the right to object at that time that the street be privately maintained and the cost of maintenance would be borne by the homeowners. They would have the opportunity to object and if the Council finds it is not an appropriate action at that time, that condition would not be satisfied. Mayor Hunter. He knows the neighbors must have many questions relative to the establishment of a gated community. Residents tried to do the same in his neighborhood and found it was very difficult. If one or two residents do not want to have a private street, the condition will fail. It is not something that has not been done before. He is going to support the project but if the condition 286 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. falls, the issue may be back before the Council. He wanted the residents to know that the City will assist them with the many questions they have or will have regarding a private street. Traffic Engineer Singer offered his telephone number (999-5183) and invited a call to his office where he or one of his staff members would be happy to answer any questions from the residents. Councilman Daly. He asked if the gating of the street is a condition of approval or an option to be pursued by the neighbors and staff. Paul Singer. The condition obligates the applicant to pay for the cost of gating. If the neighborhood does not want to have the gated community, they will live with a parking problem. ENVIRONMENTAL IMPACT REPORT o 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. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-106) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-106 for adoption, granting Variance No. 3859 with a modification to Condition No. 20 as articulated and with a further condition as recommended by the City Engineer relating to vacation of Masters Lane, installing a gate at the applicant's expense to preclude unauthorized vehicles entering that street and that there be a monitoring system on a continuous basis. Refer to Resolution Book. RESOLUTION NO, 89R-106: A RESOLUTION OF THE CITY~ COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3859. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-106 duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes. (8:32 p.m.) 287 City Hall, Anaheim, California COUNCIL MINUTES - April 4, 1989, 5;30 P.M. AFTER RECESS; The Mayor called the meeting to order, all Council Members being present. (9:03 p.m.) 179; PUBLIC HEARING - VARIANCE NO, 3888 AND NEGATIVE DECLARATION; APPLICANT: OWNER: Christopher M. Corcoran 402 S. Olive Street Anaheim, CA 92805 AGENT: Alireza Tabesh 2030 E. 4th Street, Suite 100, Santa Aha, CA LOCATION/REQUEST: The property is located at 402 South Olive Street. The request is to waive (a) maximum structural height, (b) maximum lot coverage and (c) minimum structural setback to construct a 5-unit, 3-story, apartment building. PLANNING COMMISSION ACTION: Variance No. 3888 was granted by the Planning Commission under Resolution No. PC89-27; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Daly and Councilman Ehrle at the meeting of February 21, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 23, 1989. Posting of property March 23, 1989. Mailing to property owners within 300 feet - March 24, 1989. PLANNING STAFF INPUT: See Staff Report~to the Planning Commission dated January 30, 1989. APPLICANT'S STATEMENT: Mr. Jilachr, 203 East 4th Street, Santa Aha Street. He is part owner in the project. They bought the subject property, 5 units. It was in the proper zone when they went to the Planning Commission and asked for four, 3 bedroom units and one bachelor unit. The Commission suggested the project be revised and changed to 4 units, which they did, and the project was approved. The project is now 4 units of 2 bedrooms each and it is still 3-stories. Annika Santalahti, Zoning Administrator. The project was originally submitted as a 5-unit project with the same 3 waivers. The Commission continued the item and asked the developer to reduce the unit count. Revised plans were submitted. The Planning Commission approval was for 4 units but the 3 waivers are still necessary because the "foot print" of the building is the same. 288 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. Councilman Ehrle. He feels the project is too big for the property and 3-stories looking down on single-family homes is too much for him. He feels a triplex would be more appropriate with 2-stories on one end. Councilman Daly. He agrees with Councilman Ehrle's concerns. He cannot support any of the 3 proposed waivers the height, lot coverage or minimum structural setback. One of the setbacks is a zero setback. Looking at the neighborhood, there are a number of single-family dwelling units. Even if there are other 3-story buildings, he does not think it is appropriate to have a project of the size proposed on a lot that small. He is hoping that the project can be redesigned keeping it to 2-stories. Mr. Jilachr answered that it was not economically possible to do so. Escrow just closed on the property. He would not have purchased the property if he was not going to be allowed 5 units. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Mitchell Caldwell, 902 West Broadway. The City has a set of laws governing development which are supposed to protect and provide for quality development and quality of life. It speaks very clearly as to when and if variances should be provided. It is not for the economic benefit of the developer. Variances cannot continue to be granted in order to increase the profits of developers. The residents cannot subsidize their profits by giving away the quality of their lives. If the developers cannot build to the laws of the City, they should go somewhere else. SUMMATION OR REBUTTAL BY APPLICANT: The gentlemen who designed the project then spoke. On a lot like this which has been zoned RM-1200 in advance, with a width of 50 feet, they cannot design 4 units or even 3. Parking needs to be provided on the ground floor so it would be necessary to go to the second floor. They need to have a height variance. The other two minor variances are to comply with code for the tandem parkings. They checked with staff and there is no way to avoid the variances. Councilwoman Kaywood. That is the point. If a project cannot be developed without a number of variances, it is over building the parcel and it makes it difficult for people living in the area so they no longer enjoy the quality of life they had before. She is also 289 City Hall, Anaheim, California COUNCIL MINUTES - April 4, 1989, 5:30 P.M. concerned with proposals for tandem parking because it does not work. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has constdere~ 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. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-107) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-107 for adoption, denying Variance No. 3888, reversing the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO. 89R-107; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3888. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution No. 89R-107 duly passed and adopted. 179: PUBLIC HEARING - RECLASSIFICATION NO, 88-89-29 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Shih-Yen Chiam, Jut-Wa Chiang and Meng-Be-Lin P.O. Box 3428, Tustin, CA 92681 AGENT: Paddock & Flair Architects 17780 Fitch, Suite 280, Irvine, CA 92714 LOCATION/REQUEST: The property is located at 1126 N. Euclid Street. The request is for a change in zone from RS-A-43,000 to RM-1200 or a less intense zone, to construct a 56-unit apartment complex. 290 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. PLANNING COMMISSION ACTION: Reclassification No. 88-89-29 was granted by the Planning Commission under Resolution No. PC89-29; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilwoman Kaywood at the meeting of February 21, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 23, 1989. Posting of property March 23, 1989. Mailing to property owners within 300 feet - March 24, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 30, 1989. APPLICANT'S STATEMENT: Don Flair, Paddock & Flair, Architects, 17780 Fitch, Suite 280, Irvine, CA 92714. The project was approved by the Planning Commission unanimously. The project conforms to the General Plan. They are not asking for any variances. The project is also in conformance with respect to parking, open space and all items called for in the Zoning Code. The property when purchased was dilapidated. The developer has removed the buildings and cleared it for hopefully what will be approval to move forward. It is a nicely designed project and will be an asset to the neighborhood. Councilman Pickler. His concern is adding 56 units to a street that is very heavily traveled and the additional traffic and congestion it will create on Euclid Street. His major concern is density and he would like to see condominiums or townhouses instead of apartments. Don Flair. The project is compatible to the density adjacent to it. It would be infeasible at a lower density. The density proposed is less than would be allowed by the zone. Councilwoman Kaywood expressed concern with the compact parking spaces proposed. She felt that they are going to have to look closely at the Code; Traffic Engineer Paul Singer stated that staff is coming to the Council with a recommendation that the City do away with small car parking spaces. Councilman Ehrle. It is very unusual to have a developer of apartments come in and not ask for one variance. Within a couple of weeks the Council 291 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. -- is going to have a Joint Workshop with the Planning Commission regarding the RM-3000 and RM-2400 zones. He would like to have this matter continued until after the workshop because he would rather see this project developed as condominiums and there may be a possibility that as a result of the workshop, standards could be such that it would make it financially feasible. Councilman Daly. He agrees relative to condominiums. There is a nice condominium development to the immediate east and a block to the north. In recent years, condominiums have proven to be very successful in the subject neighborhood. He is looking forward to the upcoming workshop but he is not sure he can support continuing this project. He deferred to the City Attorney as to Council's options. City Attorney White. The Council has the option to either deny the project, approve it or continue it. Councilwoman Kaywood. In the experience that she has seen, apartments that wear well are those that are large enough to have on-site management where they are owned, maintained and managed by the same builder. She is not necessarily opposed to this project as apartments but she is willing to look at any other proposal as well. Mr. Flair then stated it is his understanding the development would be owned and operated by his client. Steve Chiang. He will keep the property as long as he can have an investment which he anticipates would be 15 years or more. Mayor Hunter. The project is not adjacent to single-family homes, it is to code and less units are proposed then what could be built on the property. It was approved by the Planning Commission on a 7/0 vote. The project is a good one. PUBLIC DISCUSSION- IN FAVOR: Mr. Barnett, 1114 North Dresden. He lives right behind the lot near the mortuary. He would rather see apartments or condominiums on the property, either of the two. PUBLIC DISCUSSION- IN OPPOSITION: Larry Turks, 216 North Claudina. His concern is the traffic on Euclid. It is only possible to get into the property from one direction on Euclid. Otherwise 292 City Hall, Anaheim, California - COUNCIL MINUTES April 4, 1989, 5:30 P.M. it is necessary to go to the corner to make a "U-Turn" to get to the property going in the other direction. Fred O'Donnell, 1140 North Dresden. He has only lived in the area about nine months. He is concerned about density. If they continue the trend of apartments in that area, there will be a continued degradation of the neighborhood. They are presently experiencing crime problems that have not existed in the past. He does not feel that apartments or 56 units and the associated people that come with it is appropriate for that neighborhood. Paul Singer. Answering Councilman Pickler, traffic on Euclid is very heavy and it will increase on arterial streets by 2.3%. The project will generate 476 trips per day and 50 at peak hours. The street can presently absorb that increase. The intersections are approaching critical levels in excess of capacity in that vicinity. La Palma and Euclid is a designated critical intersection and the property owner has to dedicate towards that. A median island will be installed and left turns curtailed. Those improvements will be made at the time the critical intersection is improved. Improvements could be advanced. Median islands do not depend on the critical intersection. A condition could be added requiring the developer to construct a median island to preclude left-turns. However, it will also preclude left-turns into Grand Avenue which is directly across the street. Councilman Pickler. If the project is going to be approved, the median is something he would like to see constructed at this time to alleviate the impacts. Councilman Daly. The best looking project is the RM-4000 immediately to the east of the proposal. It worked well for the community. He cannot buy the fact that it would not be economical for a developer to construct condominiums. Councilwoman Kaywood. The existing units are RM-4000 which was what condominiums were when they first started and now have been reduced to RM-3000. She is frightened to hear the possibility of further reducing that figure. Don Flair. It is very common to put down apartments. Not everyone can afford homes. When the housing market softens, there will be a big demand for rentals. In his point of view, the Council needs 293 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 to evaluate the project on its merits. He does not see anything wrong with a quality apartment project in the City. COUNCIL ACTION: Mayor Hunter closed the public hearing. Councilman Pickler. He asked Mr. Flair whether he would prefer to have the matter continued for 3 or 4 weeks to see what action may be taken at the Joint Workshop of April 18, 1989. Annika Santalahtt, Zoning Administrator. She interjected and stated as part of the presentation at the forthcoming workshop, staff is looking at different sites around the City as to which might be suitable to be lower in density. The information out of the meeting is not just an issue of zoning standard but also looking at the kinds of sites that should or should not be medium density zoning. Don Flair. They have spent a great deal of time getting to this point and would like to get the project expedited. If the Council feels further study is required, they have no other recourse but to go along with that. They would like to work with the City and will agree to a continuance. MOTION: Councilman Pickler moved to continue the public hearing on Reclassification 88-89-29 and Negative Declaration to Tuesday, May 2, 1989 at 6:00 p.m. Councilman Ehrle seconded the motion. MOTION CARRIED. 179: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, RECLASSIFICATION NO. 88-89-38, CONDITIONAL USE PERMIT NO, 3116 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Jafar Jahanpanah and Houssien Tavakoli 520 North Rexford Drive, Beverly Hills, CA 90210 AGENT: Ronald J. Crowley 1700 Raintree Road, Fullerton, CA 92635 LOCATION/REQUEST: The property is located at 1585 West Katella Avenue. The request is for a change in zone from RS-IO,O00 to CO, to permit a 47-unit motel suite complex with waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Reclassification No. 88-89-38 was denied by the Planning Commission under Resolution No. PC89-37; Conditional Use Permit No. 3116 was denied by the Planning Commission under Resolution No. PC89-36; Waiver of Code Requirement was denied by the Planning Commission; approved EIR Negative Declaration. 294 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5;30 P.M. HEARING SET ON: A letter of appeal was submitted by the Agent, Ronald J. Crowley, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 23, 1989. Posting of property March 24, 1989. Mailing to property owners within 300 feet - March 24, 1989. PI~ING STAFF INPUT: See Staff Report to the Planning Commission dated January 30, 1989. Councilman Ehrle. He was going to refrain from any discussion of voting on the subject since he has a previously declared conflict of interest. He left the Council dais. APPLICANT'S STATEMENT: Dr. Ronald J. Crowley, 1700 Ratntree Road, Fullerton, CA 92635. He introduced Phillip Stump, Southern California Hotel Research Center, who first covered five points relating to the hotel market which he felt would be useful to the Council in evaluating the need for the project. (1) Anaheim can no longer meet peak convention demand locally, (2) the most profitable segment of the hotel market today is the All-Suites property, (3) Anaheim has a very limited supply of All-Suites type property in the convention destination location, (4) the success of a new hotel or motel is a function of the staff who run the property, (5) highest and best use for the subject site is a hotel/motel development. He elaborated on each of these points and in concluding encouraged the Council to consider the proposal and approve it. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: Joseph R. Bryan, 1582 West Sumac, directly north in the center of the site. He does not know where Mr. Stump got his facts that the subject property is an ideal spot for a motel/hotel. It is approximately five blocks away from the Convention Center area. The community is definitely against the proposed project. The property has been vacant for 20 years. ~is is the fifth time he has come in to oppose a project where overbuilding is always proposed. He has talked to and worked with hotel/motel people for over 20 years. ~ey do not feel that a site out of the Convention Center area would be of any benefit. The neighborhood will be faced with traffic and crime problems if a motel is located on the property. He wants to see something built there but not a motel. /~ere are some depressed 295 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. commercial offices and other uses along the street. If it is opened up to one motel other property owners will "bulldoze" their properties, sell it and propose motels on those properties. The motels on Lincoln Avenue are major crime problems. People have plenty of places to stay in the Disneyland strip area. Rick Landrum, 1598 West Sumac. If there is a 75% occupancy rate.in motels/hotels, that means 25% of the rooms are unoccupied, yet Mr. Stump stated that they had to place guests outside of Anaheim hotels. The location is not convenient to the Convention Center. The residents want to see something on the property there that is not going to create a detriment to the neighborhood such as a daytime type facility with no height variance. Barbara Peck, 1776 Carnelian. The Planning Commission denied the project. A petition was previously submitted containing 46 signatures of people in the neighborhood who are opposed to the project. They do not want apartments or motels in the area which they have expressed before. The crime rate goes up and parking is going to be a problem. There are enough cars on Carnelian. Gus Asaad, 5076 West Sumac. He put a swimming pool in his back yard a year ago. If this project is allowed, it will be an intrusion on his pool. He does not want to be supplying a nice view of his back yard for the motel. John Yaghouvi, 1782 South Carnelian. His only concern is traffic which is bad even now. Parking will also be a problem. He is totally against the project. It is proposed adjacent to the nursery school that his child attends. There are problems at night on Harbor Boulevard with prostitutes. They will move slowly up Katella. He does not want such a place close to his house. SUMMATION OR REBUTTAL BY APPLICANT: Phillip Stump. His observation of the hotel/motel market says that All-Suites property located close to Disneyland could be successful as a hotel development. The figures are accurate about demand. The Visitor and Convention Bureau has big plans for the Convention Center in the future which makes the City a year-round destination. Dr. Crowley. Their Traffic Consultant, Weston Pringle, did an analysis of the needs of the project finding that the need would not exceed 1.3 parking spaces per unit. They have provided 1.6 parking spaces 296 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. per unit. The City Traffic Engineer concurred with the conclusions of the Parking Engineer. The property is zoned commercial office and offices are in over supply at the present time. They talked to staff about what kinds of product could be put in that area and this one was the most viable. If they were to redesign it to make it apartments or condominiums, they would have to go through a General Plan Amendment as well as a reclassification. He is open to further suggestion on what might be built on the property. Relative to the issue of visual intrusion into the single-family areas, there would be no such intrusion and they would be 80 feet away from the boundary to the north. Relative to the possibility that if the motel is not filled it will be used as an apartment type complex, there are provisions in the code that make it a criminal offense if motels are subsequently used as apartments. The people who will be running the facility are not interested in renting the units out as apartments. Councilwoman Kaywood asked how many condominiums could be built on that parcel. Annika Santalahti, Zoning Administrator. At 1 and 1/3 acres, somewhere around 24 condominiums; Dr. Crowley stated it works out to 19 units. Mr. Joseph Bryan asked to make a comment noting that Dr. Crowley stated it could not be rented as an apartment. It is a matter of moving a tenant from room to another after 30 days or the tenant can leave for one day and then come back in. He also talked to a representative of Dr. Crowley who told them it was their intent to build a motel and then to sell it. Massoud Monshizadeh. He did speak with Mr. Bryan who asked if he would be selling the motel. They may sell it but are not intending to do so at this time. COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Hunter, 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. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-108 and 89R-109) 297 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5;30 P.M. Councilman Hunter moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 89R-108 for adoption, denying Reclassification No. 88-89-38 and Resolution No. 89R-109 for adoption, denying Conditional Use Permit No. 3116, upholding the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO, 89R-108: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A ZONE CHANGE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO, 89R-109; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 3116. Before a vote was taken, Councilman Pickler stated he is going to speak in opposition to a denial. He feels this is an opportunity of building something that can be used in an area not too far from Disneyland. He feels it is positive and there is no visual intrusion. Mayor Hunter. He feels it is "block busting". If a motel is allowed on this property he agrees with Mr. Bryan that some of the more disadvantaged properties will end up being motels and hotels. He is opposed to the project. A vote was then taken on the foregoing resolutions and carried by the following vote: Roll Call Vote: AYES: NOES: TEMPORARILY ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood and Hunter Pickler Ehrle The Mayor declared Resolution Nos. 89R-108 and 89R-109 duly passed and adopted. 179: PUBLIC HEARING - AMEND CONDITION OF APPROVAL, VARIANCE NO, 3794 AND NEGATIVE DECLARATION (PREVIOUSLY APPROVED): APPLICANT: REQUESTED BY: Magdy Hanna, Newport Pacific Development Corp. 4400 MacArthur Blvd., 9th Floor, Newport Beach, CA 92660 LOCATION/REQUEST: The properties are located at 3333, 3335, and 3335 1/2 West Ball Road. The petitioner requests amendment to a condition of approval in Resolution No. 88R-387 for Variance No. 3794 which permits the construction of a one and two story, 12-untt "affordable" condominium complex with waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) minimum floor area of 3-bedroom dwelling units, (d) minimum 298 115 City Hall, Anaheim, California - COUNCIL MINUTES April 4. 1989, 5;30 P.M. structural setback abutting a single-family residential zone and (e) minimum recreational/leisure area. A negative declaration status was granted on the project when it was originally approved. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 23, 1989. Posting of property March 23, 1989. Mailing to property owners within 300 feet - March 24, 1989. PLANNING STAFF INPUT: See Staff Report dated March 21, 1989 from the Planning Department recommending denial of the request. Mayor Hunter. He first referred to memorandum dated March 15, 1989 from the City Attorney to the Planning Department recommending, "that the City retain its current practice of requiring final subdivision map recordation prior to building permit issuance for projects involving land subdivision. ." He then deferred to the City Attorney. City Attorney Jack White. He responded to an inquiry from the Planning Department asking his opinion about a change in the procedure requiring that final tract maps be recorded prior to issuance of building permits. In response, his memorandum of March 15, 1989 states that he feels it not to be in the best interest of the City to entertain any change in the current procedure. The current procedure as established, and as followed in most cities in California, is one that is contemplated in the Subdivision Map Act requiring that the final map be recorded and that the individual units or lots be placed of record before permits are issued to allow construction on the property. Under existing Zoning Codes, to allow building permits for most projects prior to the tract map being recorded would be a violation of the Zoning Code. It would be allowing units to be built on one lot when the code contemplates that each unit be on a separate lot, or in the case of condominiums it would be allowing building of an apartment complex for a condominium project which would only become a condominium project upon subsequent recordation of the condominium plan and final tract map. Even if there was no zoning violation, there is no guarantee in the future the final map will ever be recorded. Property may pass to a different ownership and circumstances change which end up in no final map being recorded. The proposed solution - that no final occupancy permits be issued until a final map is 299 116 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P.M. recorded for the project - is a dangerous precedent. There is no guarantee that an owner of property could not subsequently mandate the City to issue the final Certificate of Occupancy. The Building Code provides that the Building Official is entitled to withhold the occupancy permit until such time as the building complies with all applicable building codes. If built in compliance with the Building Code~ even though there may not be a recorded map, it may violate a condition of previous approval or other discretionary approval, a court could compel a Certificate of Occupancy. The last problem is one where not all the conditions are complied with for a project. The project under consideration has met or would be able to meet all the conditions of the tentative map as a condition precedent to the building permit. As this also entails a potential policy that would apply to other projects, it is feasible if approved as a policy not all conditions would be met prior to issuance of the building permit in which case the City would not be legally in a position to require those conditions as conditions of the building permit. For the foregoing reasons and while he is sympathetic to the interests of the developers and the delays they encounter in the recordation process, his personal opinion is that it is not in the City's best interest to amend current practices. A1 Marshall, Newport Pacific Development, 4400 MacArthur Boulevard, Newport Beach. Addressing Mr. Whtte's concerns, there are nine local cities which do allow, in one form or another, building permits to be issued prior to final recordation of the tract map which is basically a "rubber stamping" of the tentative map providing the tentative map has been complied with. They are present to attempt to offer an alternative in trying to save 3 to 4 months in the start of construction. They are not denying there are significant issues; however, the Map Act does allow for some alternatives and simple documents that can be put into place in order to insure completion of the final tract map or no Certificate of Occupancy will be issued. One is the Subdivision Improvement Agreement, another is a developer's agreement and another would be a vesting tentative tract map. They are trying to find a vehicle that will work within the administrative plan check procedure that will avoid this issue in the future. The situation as it now stands involves a 3 to 6 month delay which means an increase per unit of $1,500 to $4,000 on the sales price. Until Certificates of Occupancy are issued, there is no usable building in any form but just an organized pile of material on the site that cannot be used. They are asking that they be allowed to institute a subdivision improvement agreement or a vested tract map or the short form developer's agreement - anything that will allow them to proceed in a timely fashion. 300 City Hall, Anaheim, California - COUNCIL MINUTES April 4, 1989, 5:30 P.M. Magdy Hanna, Newport Pacific Development, 4400 MacArthur Boulevard. They developed a townhouse type unit of between 1,200 and 1,300 square feet. It cannot be an apartment. There is no way economically that he could build it as an apartment. They cannot start construction because they do not have a building permit. The cost will be passed to the consumer. The delay in the project is 6 to 9 months since the project was approved on October 11, 1988. Ail conditions have been met. If the City wants to see condominiums and homeownership, it will be necessary to ease the requirements and restrictions in the City. He also questioned once he builds his project can the Gtty deny his right to rent it. City Attorney White. If a condominium project is approved and constructed in the City of Anaheim, the City cannot prohibit the rental of the individual units. Magdy Hanna. He confirmed the project will be homeownership and asked the City to consider the three proposals offered by Mr. Marshall. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: George Brott, 3306 West Glen Holly. The developer has been given every waiver he has asked for on this project. This request is another which will be precedent setting. They do not want any more requests granted to the deyeloper. They especially do not want apartments and want the City to take every step to assure that the project will not revert to apartments. June Luntz, 3312 West Glen Holly. She i~ opposed to opening the door to possible problems and to take away safeguards that are in place. She concurs with the City Attorney in his advice to the Council. Jim Peck, 3341 West Deerwood. He concurs with the previous speakers. They have spent 3 years dealing with this property and they finally thought the issue was resolved. The Planning Gommtssion said they would be getting condominiums and now it is his understanding there could be a possibility that the project will not be condominiums. He also stated he had complained relative to clean up of the property in the way it was being handled. He asked that the Council have someone go out and clean up the property. 301 114 City Hall, Anaheim, California - COUNCIL MINUTES - April 4, 1989, 5:30 P,M, Henry Ledesma, 3342 West Deerwood. His concerns are relative to traffic. apartment it will be a traffic problem. If it becomes an SUMMATION BY APPLICANT: MagdyHanna. They need to speed the process to get the condominium project built which will answer the concerns relative to clean up of the property. He reiterated and emphasized it is their intent to develop a condominium project and one which will be pleasing to the neighbors. They are unable to do anything at present because they do not have the building permit. They can try during the delay to put up a block wall or chain link fence. Their intent is clear. Economics and other issues preclude the building of anything other than condominiums on that site. Answering Councilwoman Kaywood, City Attorney White stated in 99% of the cases he foresees absolutely no problem with what is being proposed either for a subdivision agreement, a covenant or development agreement, but in his opinion there will always be a risk that the City may end up as Mr. Marshall stated with a well organized pile of material on a piece of property that cannot be utilized because the City is unwilling to issue a Certificate of Occupancy until a subdivision map is recorded. There will also always be the risk that the City may not get what it bargained for if they go to a procedure that allows building permits prior to final tract map recordation. Councilman Pickler. He is interested in finding a way to eliminate such long delays to developers. That time delay ultimately hurts the people who are going to buy the condominiums.. CoUncilman Ehrle. If the County is behind as much as it is in recordation of final maps, it will be necessary to find some solution. He is suggesting for Council consideration continuing the hearing for 4 weeks in determining what kind of tract record adjacent cities have had doing what the applicant is requesting. He tends to agree with the City Attorney but also with Councilman Pickler that they should provide the development community with some solution since the Council continues to encourage developers to come in with condomininums. Mayor Hunter. He feels that the Council must follow the advice of the City Attorney on this issue. It was determined that a negative declaration was previously approved on this project. 302 City Hall, Anaheim, California COUNCIL MINUTES - April 4, 1989, 5;30 P.M. WAIVER OF READING - RESOLUTION; The title of the following resolution was read by the City Clerk. (Resolution No. 89R-110) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilman Hunter offered Resolution No. 89R-110 for adoption, denying the requested amendment to a condition of approval in Resolution No. 88R-387 for Variance No. 3794. Refer to Resolution Book. RESOLUTION NO, 89R-110: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO THE CONDITIONS OF APPROVAL IN VARIANCE NO. 3794 AS APPROVED BY RESOLUTION NO. 88R-387. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood and Hunter Ehrle and Pickler None The Mayor declared Resolution No. 89R-110 duly passed and adopted. 114: COUNCIL MEETING OF APRIL 25. 1989; The Council determined that the starting time for the Tuesday, April 25, 1989 Council meeting will be 2:30 p.m. instead of 1:30 p.m. in order to allow Council attendance at the Annual Disneyland Community Service Awards. RECESS; By general consent, the Council recessed to Closed Session to consider the balance of the Closed Session items from 4:00 p.m. (11:30 p.m.) AFTER RECESS: being present. ADJOURNMENT: seconded the motion. MOTION CARRIED. LEONORA N. SOHL, CITY CLERK The Mayor called the meeting to order, all Council Members (12:29 a.m.) Councilman Hunter moved to adjourn. Councilwoman Kaywood (12:30 a.m. - April 5, 1989) 303