1989/04/18City Hall, Anaheim, California - COUNCIL MINUTES - April 18, 1989, 2;00 P.M,
The City Council of the City of Anaheim met in adjourned regular
Session.
PRESENT: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
(Councilman Daly entered at 2:16 p.m.)
ABSENT: COUNCIL MEMBERS: None
PRESENT: CITY MANAGER: Bob Simpson
CITY ATTORNEY: Jack W~lite
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
STAFF MEMBERS: Planning Department Staff Members
PRESENT: PLANNING COMMISSION MEMBERS: Feldhaus, Boydstun, Herbst, Bouas,
Carusillo, Messe, McBurney
ABSENT: PLANNING COMMISSION MEMBERS: None
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:00 p.m. on April 14, 1989 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the adjourned regular meeting of April 11, 1989 to order
on April 18, 1989 for the purpose of a Joint Workshop with the City Planning
Commission on the subject of multi-family development standards.
Joel Fick, Planning Director.
He gave a status update on the Phase II portion - The General
Plan Study - which was discussed at the last work session (see
minutes of Joint Workshop May 10, 1988). The initial cut of
that study will be back to the Planning Commission in June,
1989, which encompasses all multiple family development from
State College Boulevard to the western City boundary. Other
issues previously discussed centered around providing additional
home ownership opportunities condominiums vs. apartments.
That study has been complete and is being presented today.
Valuable information was received from the marketing firm of
Tarantello & Company. He then briefly summarized the findings
of that study (see report from Tarantello & Company, 3901
MacArthur Blvd., Suite 100, Newport Beach, Ca. 92660-3010 under
cover letter of September 28, 1988 which was a part of the
report. The first part of the extensive report contained an
executive summary of conclusions and recommendations also see
the 7-page staff report of April 10, 1989 from the Planning
Department/Planning Division and excerpts from the Planning
Commission meeting of November 21, 1988 submitted under date of
December 1, 1988 attached to which were staff reports to the
Planning Commission which encompassed a review of condominium
development vs. apartment development as well as a review of
specific multiple family site development standards including
multiple family deck housing developments - all documents made a
part of the record).
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City Hall, Anaheim, California - COUNCIL MINUTES - April 18, 1989, 2:00 P.M.
Before concluding, Mr. Fick also briefed the proposed
ordinances, Exhibits A through H. With respect to Exhibit H
relating to deck-type housing, since the Planning Commission has
not examined that ordinance, staff is recommending that it be
referred back to the Planning Commission for review and a formal
recommendation.
Lisa Sttpkovich, Community Development Director.
Her department has a requirement by state law to update the
City's Housing Element by July 1, 1989. The consulting firm of
Sedway Cooke Associates was hired to perform that duty. (See
report dated April 18, 1989 from Mrs. Sttpkovtch giving a
housing element update). A Joint Workshop is set for the day of
April 27, 1989 with the Planning Commission, Housing Commission
and Redevelopment Commission, and in the evening on the same
date a meeting will be held with the Community Development Block
Grant Citywtde Citizens Participation Committee to gain
additional input. Two separate public hearings are also
required with the Planning Commission and City Council. A
preliminary draft of the Housing Element update is expected to
be complete by June, 1989. She asked for Council input today of
the role they would like to play whether a workshop session,
working through the liaison representative, etc.
EXHIBIT A - PROPOSED ORDINANCE RELATING TO DEVELOPMENT CRITERIA FOR CERTAIN
ATTACHED ONE-FAMILY DWELLINGS: Mayor Hunter. He noted from the Tarantello
report where it stated, "they strongly recommend the Council abolish its
policy requiring RM-3000 as the minimum density allowable for condominium
development." He agrees with the report and asked for input on Exhibit A to
allow condominium development in the RM-2400 zone.
INPUT AND/OR RELATED COMMENTS BY THE PLANNING COMMISSION: Frank Feldhaus.
If they are going to go to RM-2400 condominium standards, the
40% site coverage should be retained but instead of 750 square
feet in recreational-leisure area that it be 960 square feet.
Lew Herbst.
Expressed concern that in the past when the City has allowed
more density in an area, it never reduces the cost. Instead the
cost of the land escalates accordingly. He suggests proceeding
with caution because it may get to the point where there will be
a lot of apartment houses that will meet that zone and they will
be converted to condominiums.
Joel Ftck, Planning Director.
He explained that for RM-2400 condominiums, staff recommended
that be allowed by conditional use permit which will give the
Planning Commission and the City Council an opportunity to
review the project and it would require site review and the
opportunity for public comment. Staff believes that the
Planning Commission and City Council have tight controls on the
issue.
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City Hall, Anaheim, California COUNCIL MINUTES April 18, 1989, 2:00 P,M.
Phyllis Boydstun.
She has looked at a lot of buildings under construction. She
suggested that anything they classify as deck housing, either
homeownershtp or rentals, that it have post-tension construction
rather than wood and that this be added to the City's Building
Code. Wood decking deteriorates but post-tension construction
will be just as solid 30 years from now as today.
Lew Herbst.
Another issue that needs to be addressed - what is the
difference between 2-story condominiums and 2-story houses when
abutting a property line.
COUNCIL COMMENTS/QUESTIONS:
Councilwoman Kaywood agreed with the concern expressed relative
to escalation and the cost of land when higher density is
allowed which has occurred in the past, defeating the intended
purpose; she does not want the proposed code allowing
condominiums under RM-2400 standards in the Hill and Canyon area.
Councilman Pickler.
He suggested the ordinances not be offered for introduction
today but that the workshop be used only as a workshop;
Councilman Daly asked if there are projects in process that
would be missed if they postponed action on the ordinances.
Joel Fick, Planning Director.
There are projects right now that would be affected by these
ordinances.
EXHIBIT A ORDINANCE NO, 5014 - RELATING TO DEVELOPMENT CRITERIA FOR CERTAIN
ATTACHED ONE-FAMILY DWELLINGS: Amending various subsections, sections and
chapters of Title 18 of the Anaheim Municipal Code relating to development
criteria for certain attached one-family dwellings
Councilman Hunter offered Ordinance No. 5014 for first reading.
ORDINANCE NO. 5014: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS
~UB~ECTION~, ~ECTION~ AND C~APTER~ OF TITLE 18 OF TNE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING.
EXHIBIT B - ORDINANCE NO, 5015 - RELATING TO 2-STORY HEIGHT LIMITATION AND
SETBACK FROM SINGLE-FAMILY; Amending subsections .012 and .013 of Section
18.32.062 of Chapter 18.32, and subsections .012 and .013 of Section 18.34.062
of Chapter 18.34 of Title 18 of the Anaheim Municipal Code relating to Zoning.
After Council questions posed to the Planning Director for purposes of
clarification, Councilman Pickler offered Ordinance No. 5015 for first reading.
ORDINANCE NO, 5015: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS
.012 AND .013 OF SECTION 18.32.062 OF CHAPTER 18.32, AND SUBSECTIONS .012 AND
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City Hall, Anaheim, California - COUNCIL MINUTES - April 18, 1989, 2;00 P,M. __
.013 OF SECTION 18.34.062 OF CHAPTER 18.34, OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING.
~XHIBIT C - pROPOSED ORDINANCE RELATING TO DEFINITION OF "BASEMENT": Joel Fick Planning Director.
This is proposed mostly for housekeeping purposes in order to
clearly define the term "basement."
Mayor Hunter. It basically provides that the bottom floor is
ground level and it will not be considered 1-story.
Joel Fick.
The intention of staff is that it be street level or curb level
and something that should be included in the ordinance.
John Carusillo.
Relative to natural grade and finished grade, there is a big
variation between natural grade and finished grade that can
restrict view, height, etc. He has that tabled for discussion
amongst the Planning Commissioners because as of now there are
no guidelines at all.
Joel Fick.
For the Planning Commission meeting of Monday, April 24, 1989,
there will be a report from the Engineering Department on that
subject.
Councilwoman Kaywood offered the ordinance for first reading but later
withdrew that offering since later in the workshop the proposed ordinance was
again discussed in an attempt to clarify the language relative to whether it
be street level, curb level, natural finished grade, etc. This was done so
that the ordinance could be offered with the correct wording; however, it was
determined that the proper wording change be formulated and that the ordinance
be submitted in one week for introduction.
EXHIBIT D ORDINANCE NO. 5016 RELATING TO MINIMUM BUILDING SITE AREA PER
DWELLING UNIT; Amending Subsection .010 of Section 18.32.061 of Chapter
18.32, and Subsection .010 of Section 18.34.061 of Chapter 18.34, of Title 18
of the Anaheim Municipal Code relating to minfmum buildin~ site area per
dwelling unit.
Joel Fick.
This is to provide clarity toward the way building sites are
actually measured. It will eliminate the public rights-of-way
and driveways and those things that have been very ambiguous and
somewhat arbitrary.
Councilman Pickler offered Ordinance No. 5016 for first reading.
ORDINANCE NO. 5016: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION
.010 OF SECTION 18.32.061 OF CHAPTER 18.32, AND SUBSECTION .010 OF SECTION
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City Hall. Anaheim. California - COUNCIL MINUTES - April 18, t989, 2;00 P,M,
18.34.061 OF CHAPTER 18.34, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO ZONING.
EXHIBIT E - ORDINANCE 5017 RELATING TO HANDICAPPED ACCESS AND ELEVATORS;
Adding new section 18.31.070 to Chapter 18.31, new Section 18.32.070 to
Chapter 18.32, and new Section 18.34.070 to Chapter 18.34, of Title 18 of the
Anaheim Municipal Code relating to handicapped access and elevators.
Councilman Ehrle offered Ordinance No. 5017 for first reading.
ORDINANCE NO, 5017; AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION
18.31.070 TO CHAPTER 18.31, NEW SECTION 18.32.070 TO CHAPTER 18.32, AND NEW
SECTION 18.34.070 TO CHAPTER 18.34, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO ZONING.
Bob Messe.
As the ordinance reads, it means to him that it has to be a
4-story building before an elevator is required since it states,
over 3-stories.
Joel Fick, Planning Director.
The intent is 3 or more stories and perhaps that should be
clarified in the ordinance to state it more specifically. He
also explained for Mayor Hunter it is staff's intention to
require the same for any deck housing. Incorporating the
parking would also require that type of access to the first
floor and other floors as well.
Mayor Hunter.
He wanted to be certain that in the offering of the ordinance
the changes were being incorporated; Councilman Ehrle clarified
that it was his intent to offer the ordinance with the
clarification as discussed.
City Attorney White.
The ordinance will incorporate changes made to Sections
18.31.O70.O20, 18.32.O70.O20 and 18.34.O70.O20 that would change
it from the current language of over 3-stories in height to read
3-stories or more in height. It would then be offered for
adoption with those corrections next week.
Councilman Ehrle agreed with the wording change as articulated
by the City Attorney.
EXHIBIT F - ORDINANCE NO, 5018 RELATING TO PARKING; Amending Section
18.06.050.0121 of Chapter 18.06 of Title 18 of the Anaheim Municipal.Code
relating to parking.
Joel Fick.
The proposed ordinance provides that parking be generated by
bedrooms. There was general agreement that is the way parking
is generated rather than square footage of the units.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 18. 1989. 2:00 P.M.
Paul Singer, Traffic Engineer.
He clarified for Councilwoman Kaywood relative to guest parking,
the wording could be changed to state, "one quarter space per
dwelling unit shall be reserved for guest parking only from the
required parking and shall be readily accessible to motorists
and clearly marked for guest parking."
Answering Councilman Ehrle, Mr. Singer also explained that the
ordinance was not increasing parking Just more clearly defining
it.. The major difference is that the City now provides that
units of 1,200 square feet need only 2.5 parking spaces with 3
bedrooms. The change will eliminate ambiguities in the current
ordinance. Relative to tandem parking as broached by
Commissioner Messe, staff is now conducting a study of many of
the areas that currently use tandem in order to get input on
their experience. A report will be submitted upon completion of
the study.
City Attorney White.
He recommended if the ordinance is offered that the language in
the last sentence be revised to read as follows: "of the number
of required parking spaces, one-quarter space per dwelling unit
shall be reserved and clearly marked for guest parking only and
shall be readily accessible to motorists from contiguous streets
and/or access ways."
Councilwoman Kaywood offered Ordinance No. 5018 for first reading with the
change in wording as articulated by the City Attorney.
ORDINANCE NO, 5018; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
18.06.050.0121 OF CHAPTER 18.06 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO PARKING.
EXHIBIT G ORDINANCE NO, 5019 Rm~ATING TO RECREATIONAL-LEISURE AREAS IN
RESIDENTIAL, MULTIPLE-FAMILY ZONES: Amending and adding various sections and
subsections to Chapters 18.31, 18.32 and 18.34 of Title 18 relating to
recreational-leisure areas in residential, multiple-family zones.
Joel Fick, Planning Director.
They have all struggled with what is recreational-leisure area -
will it be accessible to the people living there. The Zoning
Code does not have any standards that provide direction. The
proposed ordinance will define the parameters of what is
accessible recreational-leisure space.
These are substantial enhancements by definition over what is
presently identified in the Code and also identified in the
Vision 2000 Study Work Sessions as well. This will provide the
parameters to give staff direction to make sure open space is
usable, countable and meaningful to the people who will be
residents in the projects.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 18, 1989, 2;00
Councilwoman Kaywood offered Ordinance No. 5019 for first reading.
ORDINANCE NO. 5019: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND ADDING
VARIOUS SECTIONS AND SUBSECTIONS TO CHAPTERS 18.31, 18.32 AND 18.34 OF TITLE
18 RELATING TO RECREATIONAL-LEISURE AREAS IN RESIDENTIAL, MULTIPLE-FAMILY
ZONES.
EXHIBIT H - PROPOSED ORDINANCE RELATING TO DECK-TYPE HOUSING: Amending
Section 18.01.090 of Chapter 18.01, adding new chapter 18.96, and adding
various subsections to various other chapters of Title 18 of the Anaheim
Municipal Code relating to deck-type housing.
Mayor Hunter noted that Exhibit H will be brought back for discussion at a
later date as explained previously by Mr. Fick.
He then asked for any additional comments by the Council and Planning
Commission.
The following subjects were also broached and briefly discussed:
Mary Bouas.
The issue of affordable housing and the granting of density
bonuses is a major issue expressed by residents; both City
Attorney White and Community Development Director Sttpkovich
gave input on the issue.
Mrs. Sttpkovich.
Staff is looking at possibly making standards stricter on
affordable housing to ensure a good quality project to provide a
better quality of life for people living in those projects. It
is an issue she believes will be raised as part of the Housing
Element process. Another issue they will be looking at, as
suggested by Councilwoman Kaywood, is affordability for the life
of a project. Council has imposed 30-year affordability on
multiple-family affordable units and they are also looking at
those impacts on homeownership. She asked, relative to the
Joint Workshop that will be held on April 27, 1989, what process
the Gouncil would like to follow.
Mayor Hunter.
He suggests that the Council liaison representatives attend the
work session (Council Members Daly and Ehrle are the liaison
representatives to the Planning Department).
City Attorney White, in answer to Councilman Pickler, stated
that all Council Members could attend if they wished so long as
it is a noticed meeting and opened to the public.
Bob Messe.
He expressed concern over what he feels has been a great
encroachment into the City's industrial area, particularly the
northeast industrial area with uses that are other than
industrial.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 18, 1989, 2;00 P,M.
Lew Herbst.
In the areas where they have reduced the zoning from RS-1200 to
RS-2400, perhaps they should actually designate a lot size
minimum rather than looking at some of the 40 to 50-foot lots
there are now in some areas. There should be a minimum lot size
for the RS-2400 condominiums. He also feels it is difficult to
have a homeowners association if, for instance, only five units
are involved. Perhaps they have to have 20 units before having
RS-2400 condominiums and, therefore, it will be necessary to
have lot size included.
Councilman Daly.
He would like to see an evaluation of lot assembly - meaningful
lot sizes.
Joel Fick.
This issue can be addressed in the process he previously
explained which will come about as part of the Housing Element
which the Council will be seeing in June, 1989.
City Attorney White then explained for Mayor Hunter the process
that takes place relative to zoning ordinances that appear on
Council's agenda for finalization.
John Carusillo.
He expressed concern that the Council does not get all the
details they need when making a decision on an item that has
been considered by the Planning Commission which then comes to
Council on an appeal or set for public hearing. He feels the
condensed version of the Planning Commission minutes do not
elaborate on some of the ideas expressed by the Commission when
making their decision. (Councilman Pickler stated that he was
interested in getting an actual recommendation from staff so
that he could use that information in making a decision on an
item).
Frank Feldhaus.
He e×pre~ed concern over davelopers who come to the Planning
Commission with one set of plans but who also have perhaps
another one or two sets of different plans dependent upon the
reception they receive at the hearings which brings about
requests for continuances. If a continuance is granted for the
convenience of Commission or staff, that is one issue, but if
there is continuous "game playing" by a developer, he feels a
continuance fee should be levied since a great deal of staff
time is continually devoted to those developers.
After a brief discussion, Mayor Hunter suggested and it was the
Council consensus that the concern broached by Mr. Feldhaus was
one the Planning Commission should discuss and handle internally
without the Council becoming involved.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 18, 1989, 2:00 P.M.
In concluding, Mayor Hunter stated this was a workshop for
Planning Commission and Council discussion and input and if
there are members of the public who wish to address any issues,
they could do so during the regular Council meeting or
communicate in writing. He also felt that the Commission and
Council should meet more often in a work session; Councilwoman
Kaywood suggested the next time there is a workshop on important
issues that it should be televised.
ADJOURNMENT - CITY COUNCIL; Councilman Hunter moved to adjourn the adjourned
regular meeting of April 18, 1989 (April 25, 1989). Councilwoman Kaywood
seconded the motion. MOTION CARRIED. (4:02 p.m.)
ADJOURNMENT - PLANNING COMMISSION: Commissioner Messe moved to adjourn to
April 24, 1989 at 9:00 a.m. Commissioner Bouas seconded the motion. MOTION
CARRIED. (4:02 p.m.)
LEONORA N. SOHL, CITY CLERK
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City Hall, Anaheim, California - COUNCIL MINUTES - AD~il ~8, 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: CITY MANAGER: Bob Simpson
CITY ATTORNEY: 3ackWhite
CITY CLERK: Leonora N. Sohl
PLANNING DIRECTOR: Joel Fick
ZONING ADMINISTRATOR: Annika Santalahti
TRAFFIC ENGINEER: Paul Singer
DEPUTY CITY ENGINEER: Arthur Daw
FIRE CHIEF: Jeff Bowman
FIRE MARSHAL: Mike Dory
A complete copy of the agenda for the meeting of the Anaheim City Council was
posted at 3:00 p.m. on April 14, 1989 at the Civic Center kiosk, containing
all items as shown herein.
Mayor Hunter called the meeting to order at 4:06 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; King vs. Anaheim, O.C.S.C.C. No. 47-93-96.
b. To discuss labor relations matters
54957.6.
Government Code Section
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.
(5:46 p.m.)
INVOCATION: Father John Lenihan, St. Boniface Church, gave the invocation.
FLAG SALUTE: Councilwoman Miriam Kaywood led the assembly in the Pledge of
Allegiance to the Flag.
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City Hall. Anaheim. Califmrnia - COUNCIL MINUTES - April 18, ~989, 5;30 P,M.
1t9; PRESENTATION - LIBRARY BOARD ACTIVITIES: Barbie Whorton, President of
the Library Board first acknowledged three members of the Board who were
present as well as the Library Director. As the official representative of
the community, the Library Board is still striving to interpret the work of
the Library to the community and the needs of the citizens of Anaheim to the
Library staff. She then briefed the Council on the accomplishments of the
Library Board in the past year. The Library Board is ready to be the
advertising arm so people will know what is available in the Library system in
order to use it. Tonight the Board is asking the City Council's support in
heightening public awareness of City Library services.
Both Councilman Ehrle, the Council liaison to the Library Board and Councilman
Daly, a former member of the Board, emphasized that Anaheim's Library system
is one of the very finest in Orange County if not the state. Councilman Daly
noted that Anaheim is one of the only cities in California that has a
Bookmobile Program and more branch libraries than cities of comparable size
with a selection of books that is outstanding. He would like to see the
Library Board and Barbie Whorton, its Chairman, get out into the community and
spread the word far and wide and let the Council know if they can assist in
any way.
119; PRESENTATION - pOLICY RESOLUTION ON TH~ DRUG EPIDEMIC; Rick Cotter, 217
East Turin, Anaheim. Their group is a church and congregation organization
working to improve the quality of life in their communities for the past four
years. They are affiliated with the Pacific Institute for Community
Organizations (PICO). There are six churches in Anaheim with member
organizing committees: Anaheim United Methodist, Anaheim First Presbyterian,
St. Anthony Claret, St. Boniface, St. Justin Martyr and Sacred Heart.
Together with seven Santa Ana churches and two in Fullerton, they are the
Orange County Congregation-Community Organizations representing over 25,000
families in their communities. Approximately 120 members are present inside
the Chamber as well as outside. The primary cause of concern is the influx of
drugs in their communities. Their leaders have done more than 2,000 research
actions with City and County officials. The result was an awareness of an
alarming number of gaps and contradictions in the attention given the drug
epidemic. Ail legal tools are not being used to combat the epidemic.
Prosecution of drug felons in superior court is Iow priority, there are no
detoxification facilities in Orange County for juveniles. Last year the
Anaheim School Board cut funds for drug prevention education. This raises the
question of priority. In a meeting with the staff of the Anaheim City
Manager's Office, it was stated there was no City policy regarding drugs. The
City needs such a policy. Drugs are out of control destroying families and
neighborhoods. They cannot tackle the epidemic alone. There must be a
comprehensive and coordinated policy in enforcement, treatment and
prevention. He then deferred to Susanne Olden.
Susanne Olden. She then read the resolution entitled, "Policy Resolution on
the Drug Epidemic." which addressed enforcement, treatment and prevention
strategies to hault and reverse the epidemic (resolution made a part of the
record).
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City Hall. Anaheim. California - COUNCIL MINUTES - A~rtl 18. 1989, 5;30 p,M,
Mr. Cotter then introduced Maria Alanis and Delia Varela who will offer
testimony.
Maria Alanis. She lives in Anaheim and represents St. Boniface Church. She
expressed her deep concern that her three children, ages 6, 10 and 13, are
being exposed to drugs. She is present to ask for the Council's help since
the children are being exposed to and frightened on the streets and in their
schools with drug activities. They need more policemen to help. They are
asking that the Council start prevention, enforcement and treatment of the
problem today and not in the future.
Delia Varela, St. Boniface Organizing Committee, speaking through an
interpreter, stated she was present a year ago asking for support for the
Jeffrey/Lynn area but the only thing that has been approved thus far is the
study. During that time they have lost the lives of children and adults.
They want the Council's support tonight to pass the resolution. There is an
epidemic and it must be acted upon now with no more time wasted.
Rick Cotter. Last night the Santa Ana City Council unanimously adopted the
resolution and he is asking that Anaheim declare there is a drug epidemic in
Anaheim and adopt the resolution as Anaheim's City Policy which calls for a
coordinated strategy in the areas of enforcement, treatment and prevention.
Council Members agreed that there is a drug epidemic and that a coordinated
effort is needed in the fight against drugs; Mayor Hunter emphasized that just
saying no is not enough. It is necessary that they all work together to fight
the problem. Orange County is becoming Miami West. Not enough is being
done. He agrees with the entire group. They must do more than pay lip
service in combatting this epidemic.
MOTION: Councilman Hunter moved to support the resolution of the Orange
County Congregation-Community Organizations - Policy Resolution on the Drug
Epidemic. Councilman Pickler seconded the motion. MOTION CARRIED UNANIMOUSLY.
Rick Cotter. They will test the Council's commitment when in a few weeks the
St. Boniface, Jeffrey/Lynn Organization comes before the Council to seek
implementation of that policy. They will also look forward to seeing the plan
regarding the drug abatement issue in the next 30 days. They will be excited
to see the cooperation of elected officials in this serious and important
issue.
RECESS: By general consent, the Council recessed for ten minutes. (6:20 p.m.)
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (6:30 p.m.)
119; PROCLAMATIONS; The following proclamations were issued by Mayor Hunter
and authorized by the City Council:
Soroptimist International Day in Anaheim, April 22, 1989,
Professional Secretaries' Week in Anaheim, April 23-29, 1989,
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City Hall. Anaheim, Calt~ornia - COUNCIL MINUTES - April 18. 1989, 5;30 P,M,
Countdown USA Day in Anaheim, Wednesday, April 26, 1989,
Youth Workout Day in Anaheim, April 27, 1989,
Law Day in Anaheim, May 1, 1989,
Bill Platt accepted the Countdown USA Day proclamation.
119: DECLARATION OF COMMENDATION; A Declaration of Commendation was
unanimously adopted by the City Council and presented to Mike Gonzales for his
many contributions to the Youth Expo, 1989. Mr. Mike Buelna of the George
Washington Community Center was also present. Mayor Hunter and Council
Members personally commended Mr. Gonzales for his fine work.
119: DECLARATION OF WELCOME; A Declaration of Welcome was unanimously
adopted by the City Council to welcome the Excelsior High School Alumni
Association to the City on the occasion of their 17th Annual Reunion.
119: DECLARATIONS OF COMMENDATION; Declarations of Commendation were
unanimously adopted by the City Council and presented to Douglas Kintz (12)
and Brian Hagge (14), for their act of bravery on March 9, 1989 when the
youths fought off a dog who viciously attacked a 9-year old boy (Doug's
brother) preventing more severe injuries. Both Doug and Brian were personally
commended by the Mayor and City Council for their heroic actions.
MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular
meeting held March 21, 1989. Councilman Pickler seconded the motion. MOTION
CARRIED.
FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,082,696.58, in
accordance with the 1988-89 Budget, were approved.
WAIVER OF READING - RESOLUTIONS/ORDINANCE; The titles of the following
resolutions and ordinance on the Consent Calendar were read by the City
Manager. (Resolution Nos. 89R-112, 89R-126, 89R-127, 89R-128 and 89R-129 for
adoption; Ordinance No. 5013 for adoption)
Councilman Hunter moved to waive the reading in full of the resolutions.
Councilman Pickler seconded the motion. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Hunter,
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 Hunter
offered Resolution Nos. 89R-112, 89R-126, 89R-127, 89R-128 and 89R-129 for
adoption; Ordinance No. 5013 adoption. Refer to Resolution/Ordinance Book.
Al. 118: The following claims were filed against the City and action taken
as recommended:
Claims rejected and referred to Risk Management:
353
4]
City Hall. Anaheim. California - COUNCIL MINUTES - April %8, ~989, 5;30 P.M,
a. Claim submitted by Steven Wesley Blake for property damage and bodily
injury sustained purportedly due to actions of the City on or about
November 17, 1988.
b. Claim submitted by Jim Wolberg/Mertlee Lansdown for property damage
sustained purportedly due to actions of the City on or about February 16, 1989.
c. Claim submitted by Lant J. Kepner for property damage sustained
purportedly due to actions of the City on or about February 6, 1989.
d. Claim submitted by Eldamera Nunez for bodily injury sustained
purportedly due to actions of the City on or about November 30, 1988.
A2. 105: Receiving and filing minutes of the Community Redevelopment
Commission meeting held March 22, 1989.
105: Receiving and filing minutes of the Public Utilities Board meeting held
March 16, 1989.
105: Receiving and filing correspondence from the United States of America
Federal Energy Regulatory Commission regarding notice of filing by Southern
California Edison Company (April 3, 1989) of agreements with the cities of
Anaheim, Banning, and Riverside for transmission service from Vincent
Substation.
Councilwoman Kaywood questioned a date that was in the document and asked for
clarification. (The date stated was October 31, 19883). The item was trailed
until later in the meeting and then rescheduled for the next Council agenda to
determine the correct date.
A3. 176: RESOLUTION NO, 89R-126; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (88-7A) (Setting a date for public hearing
to consider abandonment of an easement for electrical utility purposes
extending along the east side of Palo Alto Drive located approximately 50 feet
south of Baja Drive - 6148 Baja Drive - suggested date is May 23, 1989, at
3:00 p.m.)
A4. 176: RESOLUTION NO, 89R-127; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (88-18A) (Setting a date for public hearing
to consider abandonment of that certain slope easement adjacent to Short
Street, westerly of Kellogg Drive - Tract No. 13130 - suggested date is
May 23, 1989, at 3:00 p.m.)
A5. 176; RESOLUTION NO, 89R-128; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS,
HIGHWAYS AND SERVICE EASEMENTS. (88-20A) (Setting a date for public hearing
to consider abandonment of an easement for public utility purposes located at
6111 East Via Sabia, east of Anaheim Hills Road - suggested date is May 23,
1989, at 3:00 p.m.)
354
City Hall. Anaheim. California - COUNCIL MINUTES - April 18, ~989, 5:30 P,M,
A6. 123: Approving an agreement with BSI Consultants, revision to Exhibit A
(new rates), for the period of April 1, 1989 through March 30, 1990, for
additional plan checking services.
A7. 123: Approving an agreement with County of Orange Arterial Highway
Financing Program (A.H.F.P.) No. 1206 for the Anaheim Boulevard improvement
from Cypress Street to Lemon Street Phase IV; and authorizing the Mayor and
City Clerk to execute said agreement.
A8. 123: Approving the revision of Exhibit "A" to the Orangethorpe Avenue -
Lemon Street agreement with the City of Fullerton, and increasing expenditure
account no. 47-792 by $181,700.
Ag. 167: Approving Contract Change Order No. 1 in the amount of $48,705.70
in favor of Henkels & McCoy, Inc. to upgrade the original plans for the
Traffic Signal Interconnect project, to provide for additional facilities and
requirements not in the original contract.
Al0. 175.123/152: Authorizing the Public Utilities General Manager to execute
agreements for Thermal Energy Storage Feasibility Studies and Thermal Energy
Storage Rebates, and approving incentive payments in accordance with the
agreements, as recommended by the Public Utilities Board.
Ail. 175.123: Approving a Second Amendment to Agreement with
James M. Montgomery at a maximum fee of $673,747 for engineering services on
the Linda Vista and Olive Hills Water Modifications Project, as recommended by
the Public Utilities Board.
Al2. 160: Accepting the low bid of Public Works, Inc., in the amount of
$152,561.56 for two air street sweepers in accordance with bid #4686 as
publicly advertised.
Al3. 123: Approving a First Amendment to Agreement with Orange Aviation,
Inc., dba Tallmantz Aviation, regarding helicopter maintenance.
112: Authorizing City Attorney to enter Stipulation in Bankruptcy Court
proceeding in connection with item Al3.
Al4. 123: Approving a lease agreement with Lyle Parks, Jr. dba Gold Key
Business Center at a cost of $17,008 for the first year, for the temporary
police satellite facility in the Anaheim Hills area for a 14-month term with
the option to renew for two, one-year extension periods.
Al5, 149/156/142; ORDINANCE NO, 5013 - (ADOPTION): AN ORDINANCE OF THE CITY
OF ANAHEIM AMENDING CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE
PERTAINING TO PERMIT PARKING AND AUTHORIZING A FEE FOR SUCH PERMITS.
000/149; RESOLUTION NO, 89R-112; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ESTABLISHING THE AMOUNT OF THE FEE FOR PARKING PERMITS.
($10.00 as the amount of the fee)
355
City Hall. Anaheim. California - COUNCIL MINUTES - April 18. 1989. 5:30 P.M.
Al6, 158; RESOLUTION NO, 89R-129; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS CONVEYING TO THE CITY OF ANAHEIM
CERTAIN REAL PROPERTIES OR INTERESTS THEREIN.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
GOUNClLMEMBERS:
Daly, Ehrle, Pickler, Kaywood and Hunter
None
None
The Mayor declared Resolution Nos. 89R-112, 89R-126, 89R-127, 89R-128 and
89R-129 and Ordinance No. 5013 duly passed and adopted.
End of Consent Calendar. MOTIONS CARRIED.
179; ITEMS BI - H14 FROM THE pLANNING QOMMI$SION M~gTING OF MARCH 27, 1989
INFORMATION ONLY - APPEAL PERIOD ENDS APRIL 18, ~989;
B1.
RECLASSIFICATION NO. 88-89-25. VARIANCE NO. 3881 AND NEGATIVE DECLARATION:
OWNERS: JASON C. WU AND JEAN C. WU, 7342 Orangethorpe, Suite C-103,
Buena Park, CA 90621
AGENT: k'U & ASSOCIATES, INC., 22632 Golden Springs Dr., Suite 290,
Diamond Bar, CA 91765
LOCATION; 3121 West Ball Road
For a change in zone from RS-A-43,000 to RM-1200 or a less intense
zone. For waivers of (a) maximum structural height, (b) maximum site
coverage and (c) minimum structural setback to construct an ll-unit,
3-story, apartment building.
Reclassification No. 88-89-25 DENIED by the Planning Commission,
PC89-84.
Variance No. 3881 DENIED by the Planning Commission, PC89-85.
Approved Negative Declaration.
B2, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE ~ERMIT NO, 3114 AND NEGATIVE
DECLa_RATION:
OWNERS: PIERRE CES AND CLAUDIA CES, 385 Bayshore Drive North, Long
Beach, CA 90803
LOCATION; 1809 West La Falma Avenue
To permit a 4,966 square-foot commercial retail center with waiver of
minimum interior yard setback.
CUP NO. 3114 GRANTED by the Planning Commission, PC89-86.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
A review of the Planning Commission's decision was requested by Council
Members Pickler and Kaywood and, therefore, a public hearing will be set at a
later date.
356
4O
City Hall. Anaheim. CaliFornia - COUNCIL MINUTES - April 18. 1989. 5;30 P.M,
B3. WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO, 3109 AND NEGATIVE
DECI2ERATION:
OWNERS: SHELL OIL COMPANY, ATTN: R. H. MEYERS, SR., 511 North
Brookhurst Street, Anaheim, CA 92803
AGENT: WESCO, ATTN: P. KUMAR, 536 W. Arrow Highway, Suite 208,
Covina, GA 91722
LOCATION: 601 West Ball Road
To permit a convenience market with gasoline sales, fast-food and
off-sale of beer and wine, and with waiver of minimum number of
parking spaces.
CUP NO. 3109 DENIED by the Planning Commission, PC89-87.
Waiver of code requirement DENIED by the Planning Commission.
Approved Negative Declaration.
Letter of appeal submitted by the Agent, P. Kumar, set for public
hearing on May 9, 1989, at 3:00 P.M..
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing will be set at a later date.
B4. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 31~8 AND NEGATIVE
DECt2%RATION:
OWNER: ANNE HENNING PAULUS, Eastlake Shore, Big Fork, Montana, 59911
AGENT: MOBIL OIL CORPORATION, ATTN: J. H. HUNTSBERRY, 3800 West
Alameda, Suite 700, Burbank, CA 91505-4331
LOCATION; 2800 E, Lincoln Avenue
To construct an automobile service station, car wash and mini-mart
with off-sale beer and wine, and with waiver of minimum enclosed
retail sales area.
CUP NO. 3128 DENIED by the Planning Commission, PC89-88.
Waiver of code requirement DENIED by the Planning Commission.
Approved Negative Declaration.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing will be set at a later date.
B5, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3129 AND NEGATIVE
DECLARATION:
OWNER: MOBIL OIL CORPORATION, ATTN: J. H. HUNTSBERRY, 3800 West
Alameda, Suite 700, Burbank, CA 91505-4331
LOCATION: 1200 North State College Boulevard
To construct an automobile service station, car wash and mini-mart
with off-sale beer and wine, and with waiver of minimum enclosed
retail sales area.
CUP NO. 3129 DENIED by the Planning Commission, PC89-89.
Waiver of code requirement DENIED by the Planning Commission.
Approved Negative Declaration.
The Planning Commission's decision was appealed by the applicant and,
therefore, a public hearing will be set at a later date.
357
~y Hall. Anaheim, C~lif~rnia - COUNCIL MINUTES - ~pril 18. 1989, 5;70 P,M.
~6, WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PgRMIT NO, 3123 AND NEGATIVE
D~CLARATION:
OWNERS: FERIDON HAKIMIJOO AND HOMA HAKIMIJOO, 1900 East La Palma
Avenue, Anaheim, CA 92805
~OCATION; 500 South Euclid Street, Sui~ C and D
To permit a 2,205 square-foot convenience market with fast food
service within a commercial retail center with waiver of minimum
number of parking spaces.
CUP NO. 3123 GRANTED by the Planning Commission, PC89-90.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B7. WAIVER OF CODE REOUIREMENT. CONDITIONAL USE pERMIT NO, ~%39 AND NEGATIVE
DECLARATION:
OWNER: INVESTOR REALTY COMPANY, 500 Newport Center Drive, Irvine,
CA 92660
LOCATION; 1711-1731 West Kate~a~venue
To permit a 7,150 square-foot addition to an existing commercial
retail center with waiver of minimum number of parking spaces.
CUP NO. 3132 GRANTED by the Planning Commission, PC89-91.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
BB.
VARIANCE NO, 3918, CATEGORICALLY EXEMPT, CLASS 11:
OWNER: TRUST SERVICES OF AMERICA INC., Attn: ROBERT G. RIDDLE, 2121
E. Pacific Highway, Newport Beach, CA 92625
LOCATION; 815 W, Katella Avenu~
To waive (a) maximum number of freestanding signs and (b) permitted
location of freestanding signs to retain two existing freestanding
signs.
Variance No. 3918 GRANTED by the Planning Commission.
B9. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3131 AND NEGATIVE
DECLARATION:
OWNERS: DOMINIC C. ETCHANDYAND BETTY J. ETCHANDY, 570 North Dwyer,
Anaheim, CA 92801
AGENT: RONALD JACOBS, 1981 "B" Miraloma, Placentta, CA 92670
LOCATION: 1261 North Lakeview AveDue, Suite L
To permit a sandwich shop with waiver of minimum number of parking
spaces.
CUP NO. 3131 GRANTED by the Planning Commission, PC89-93.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
BIO. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3137 AND NEGATIVE
DECLARATION:
OWNER: DOUGLAS HALE, 10700 Jersey Boulevard, Suite 270, Rancho
Cucamonga, CA 91730
AGENT: ED EASTRIDGE DESIGN DEVELOPMENT, 10700 Jersey Boulevard,
Suite 270, Rancho Cucamonga, CA 91730
358
City Hall. Anaheim. Califprnta - COUNCIL MINUTES - April 18. 19~9, 3;30 P,M,
LOCATION: 2991 East La Palma ~venue
To permit an automotive repair shop with waiver of minimum number of
parking spaces.
CUP NO. 3132 GRANTED by the Planning Commission, PC89-94.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
Bll. WAIVER OF CODE REOUIREMENT. CONDITIONAL USE PERMIT NO, 3133 AND NEGATIVE
DECLARATION:
OWNERS: ALBERT SPENCER PORTER AND PORTER AND SUZANNE PORTER, 426 W.
Taft Avenue, Orange, CA 92667
AGENT: KRAEMER AUTO COLLISION, 1361 N. Kraemer Boulevard, Anaheim,
CA 92806
LOCATION: 1381 North Kraemer Boulevard
To permit an auto body repair shop with waiver of minimum number of
parking spaces.
CUP NO. 3133 GRANTED by the Planning Commission, PC89-95.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B12. WAIVER OF CODE REOUIREMENT, RE¢~A$SIF~Q~TION NO, 85-89-4~, ¢0NDITIONAI.
USE PERMIT NO. 3132 AND NEGATIVE DECLARATION:
OWNERS: MICHAEL DOUCETTE, P.O. BOX 6582, Buena Park, CA 90622
LOCATION; 1944 East Redwood Avenue
For a change in zone from RS-7200 to CL, to permit the commercial use
of a residential structure with waivers of (a) minimum structural
setback and (b) maximum structural height.
Reclassification No. 88-89-46 GRANTED to CO (modified from CL) by the
Planning Commission, PC89-96.
CUP NO. 3132 GRANTED by the Planning Commission, PC89-97.
Waiver of code requirement GRANTED by the Planning Commission.
Approved Negative Declaration.
B13. CONDITIONAL USE PERMIT NO. 3136 AND NEGATIVE DECLARATION:
OWNERS: GC&F LA PALMA INVESTMENT GO., 2390 E. Orangewood Avenue,
Suite 380, Anaheim, CA 92806
AGENT: JEFFREY G. SMITH, 2390 E. Orangewood Ave., Suite 380,
Anaheim, CA 92606
LOCATION; 4155 East La palmaAveDue
To permit industrially related office uses.
CUP NO. 3136 GRANTED by the Planning Commission, PC89-98.
Approved Negative Declaration.
B14. CONDITIONAL USE PERMIT NO. 2997 AND NEGATIVE DgCLARATION:
OWNERS: RAMESH M. PATELAND MANJULA R. PATEL, 8218 Orange Street,
Downey, CA 90242
AGENT: DON KIMMEL, 747 S. Brea Boulevard, Suite 33, Brea, CA 92621
LOCATION; 328 North Stanton Avenue
To expand a 55 unit motel to 60 units.
359
City Hall, Anaheim, Califgrnta - COUNCIL MINUTES - April 18, 1989, 5;30 P,M,
CUP NO. 2997 GRANTED by the Planning Commission, PC89-99.
Approved Negative Declaration.
This matter was set for a public hearing May 2, 1989, at 6:00 p.m. Amendments
to original conditions of approval require a public hearing.
End of the Planning Commission Items.
179; ORDINANCE NO, 5020 - (INTRODUCTION); Amending Title 18 to rezone
property under Reclassification No. 87-88-53 at 1188 North West Street from
the RS-A-43,000 to RM-1200 zone.
Councilman Pickler offered Ordinance No. 5020 for first reading.
ORDINANCE NO, 5020; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING
MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING.
Councilman Daly. Speaking to the Zoning Administrator, asked that before the
second reading of the ordinance in one week, he would like to see the
background documentation on this item.
Annika Santalahti, Zoning Administrator. She briefly explained how the item
is now before the Council. (The procedure had been explained by the City
Attorney at the morning workshop session.) She will provide the information
requested to all Council Members.
ITEMS OF PUBLIC INTEREST:
Margaret Mueller, 501 South Gain. She has been asked to speak on behalf of
concerned residents not only for West Anaheim, but also north east and south
who are bonding together in pursuit of the request for a review of the City's
General Plan. They are concerned about developers continuing requests to
change existing zoning in the City to higher densities and are asking that the
Council take the necessary steps to review the General Plan.
Mayor Hunter. A General Plan review of the entire area from State College
Boulevard to the City's western boundary is now in process. The area of
greatest concern is RM-1200 zoning throughout that particular area. The issue
will be coming to the Council in approximately two months. They are takin~
strides to look into the City's ~eneral Plan and to try to maintain
neighborhood integrity and quality of life.
Joel Fick, Planning Director. He explained for the benefit of those present
that the Council did direct staff some time ago to examine all of the
properties that are designated on the General Plan for medium density
residential. Staff has been looking at every parcel in the City from State
College Boulevard to the western City boundary as designated on the General
Plan for medium density residential zoned RM-1200 and then matching those with
the corresponding land uses. The data collection phase is almost complete and
staff will be back with their findings to the Planning Commission in early
June, 1989. There will be hearings at that time before the Planning
Commission and City Council. The Council has enacted the program Ms. Mueller
is asking be put in place. Staff again invites anyone who has interest to
360
City Hall. Anaheim. California - COUNCIL MINUTES - April 18, 1989, 5:30 P.M.
submit their name and contact will be made to let the person know the status
of that study.
Bill Ertckson, 301 East North Street, Anaheim. He submitted a letter
addressed to the City Council and Planning Commission which he had intended to
read into the record at the morning workshop. The letter urged that there be
a study of the area from West Street to East Street between Lincoln and
La Palma so that the integrity of this single-family residential area and
quality of life would be maintained and that there be a moratorium on
multiple-family development until a decision is made on General Plan changes
under consideration.
129/107/142: PUBLIC HEARING - 1988 EDITION OF UNIFORM FIRE COp~; To consider
Adoption of the 1988 Edition of the Uniform Fire Code and certain amendments
thereto, to be known as the Anaheim Fire Code.
Fire Chief Jeff Bowman.
He is asking the Council to adopt the 1988 Uniform Fire Code
with certain amendments, specifically to enact an ordinance that
would require fire sprinklers in all new commercial occupancies,
all new multiple-family occupancies and all new one and
two-story family dwellings. He then gave a presentation
relative to his reasons and Justifications for the amendments
especially with regard to single-family homes. He also
submitted a document City of Anaheim - Automatic Sprinkler
Information Sheet - made a part of the record, which amongst
other data, listed the advantages and effectiveness of home
sprinkler systems. In the last decade, there have been 25 fire
deaths in Anaheim, all of which occurred in residential
dwellings. If the ordinance is adopted with the proposed
amendments, Anaheim will again be seen as the leader for
enacting the most comprehensive sprinkler ordinance in the
United States. He urged the Council to look to the future and
visualize Anaheim as a fire-safe place to live and work.
Mayor Hunter opened the public hearing.
Mr. John Withers, Director of Government Affairs for the
Building Industry Association (BIA) of Orange County,
representing 950-member companies.
Their membership produces roughly 80% of the new units built in
the County. The industry, for some time, has been opposed to
mandatory sprinklers and have expressed this opposition at all
levels. They are not opposed to sprinklers across the Board.
They may be necessary where they are appropriate as in
environmental mitigation where street grades are so steep as to
delay fire response time, or units in high brush areas, but to
adopt a Building Code that requires sprinklers for everything
everywhere is going too far. He then elaborated on some of the
basic points why BIA is opposed which included the fact that
consumer demand for sprinklers has not been warranted, in terms
of new construction, loss statistics do not warrant sprinklers.
361
City Hall, Anaheim, Cal~0rnia - COUNCIL MINUTES - April 18. 1989. 5:30 P.M.
The public safety benefits are questionable, the issue of
liability if sprinklers malfunction creates a problem, etc.
Smoke detectors are the most cost effective alternative.
Relative to cost, in realizing it is not possible to put a value
on human life, every time the cost of housing is increased by
$1,000, 22,000 families across the County can no longer buy.
Even fire professionals disagree. The Orange County Fire
Department which provides contract services to the County
incorporated areas has come out with their proposed draft of
Fire Code Amendments and they are not asking for single-family
homes to be sprinklered.
Mr. Withers then answered questions posed by Councilwoman
Kaywood wherein he explained that BIA is not opposed to all fire
sprinklers. BIA members are involved in residential only and
the comments are limited Just to residential. He reiterated
they are firmly opposed to mandatory sprinklers in single-family
homes except where unique circumstances exist. They are also
opposed to fire sprinklers in multi-family above and beyond what
is required of the Uniform Building Code.
City Manager Bob Simpson stated that Anaheim's Fire Code is
already more restrictive than the Uniform Building Code. If
they adopted the Code and set aside the different Fire Code
regulations regarding sprinklers, they would have to go
backwards.
Fire Chief Bowman than addressed and rebutted each of the points
Mr. Withers brought out in his presentation; Fire Marshal Dory
also added that relative to modern day construction, the hazard
still exists even though construction is better because
combustibles are added to a structure such as heating and
cooling appliances, etc.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
Councilman Daly. He has not heard from one cltlzenwh0 he
represents in Anaheim that sprinklers in residential or
commercial construction are a priority. He did hear from
citizens encouraging him to support the previous ordinance
requiring retrofit of the City's high-rise buildings with
sprinklers and the Council took that action. He also notes the
jurisdictions who have adopted a sprinkler ordinance for
residences are cities such as Beverly Hills, San Clemente,
Encinitas cities which are very affluent where homes sell with
no problem. He is not sure it is appropriate to compare a City
like Beverly Hills to Anaheim where there is a significant group
of young families who are saving every penny to buy their first
home. He is uncomfortable adding to that burden of cost. He
will not be supporting the package of amendments but will be
supporting the national standards that are in the Fire Code.
362
34
City Hall. Anaheim. California - COUNCIL MINUTES - Anril 19, 1999, 5;30 P,M,
Councilman Pickler.
He does not feel a value can be placed on human life.
Sprinklers are important and save lives. Homes will still be
sold with the added cost, which over 20 and 30 years is a small
amount to pay. (Fire Chief Bowman had reported that
installation of fire sprinklers in single-family homes will cost
approximately $1.00 a square foot).
Councilman Ehrle then posed questions revolving around a
breakdown of how the 25 deaths in Anaheim occurred - how the
fire originated, whether smoking was involved, a grease fire,
electrical, the age of the structure involved, the type of
structure, etc. He felt the Council was being asked to vote on
a sprinkler system mandated for all single-family dwellings
without being given the complete facts. He then gave statistics
from the National Association of Home Builders showing that a
very small percentage of fires and fatalities occur in new
homes. He is not going to support a mandated fire sprinkler
ordinance in single-family homes until it can be shown to him it
will totally save lives. The statistics do not tell him that in
new construction that is the case. He is, however, a strong
supporter of sprinklers in high-rise buildings.
Fire Chief Bowman.
The homes being built today, 20 years from now will be 20 years
old. At some point in time they have to take a stand and say
this is a public safety issue. National statistics would show
that there are no fatalities where sprinklers are installed.
Further discussion and debate followed with additional input by the City
Manager and Chief Bowman. Council Members Pickler, Kaywood and Hunter spoke
further in support of the proposed ordinance with the amendments. Council
Members Ehrle and Daly reiterated their concerns speaking in opposition.
WAIVER OF READING - ORDINANCE; The title of the following ordinance was read
by the City Clerk. (Ordinance No. 4999)
Councilman Hunter moved to waive the reading in full of the ordinance.
Councilwoman Kaywood seconded the motion. MOTION CARRIED.
Councilman Hunter offered Ordinance No. 4999 for adoption, amending Chapter
16.08 of Title 16 of the Anaheim Municipal Code Adopting the Uniform Fire Code
1988 Edition, with certain amendments thereto. Refer to Ordinance Book.
ORDINANCE NO, 4999; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE UNIFORM FIRE
CODE, 1988 EDITION, WITH CERTAIN AMENDMENTS THERETO.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Kaywood and Hunter
Daly and Ehrle
None
363
City Hall, Anaheim, California - COUNCIL MINUTES - April 18. 1989. 5:30 P.M.
The Mayor declared Ordinance No. 4999 duly passed and adopted.
179: PUBLIC HEARING - VARIANCE NO. 3864. CATEGORICALLY EXEMPT. CLASS-3:
APPLICANT: OWNER:
Matthew W. Greene & Marie E. Greene
9115 Flower Street,
Bellflower, CA 90706
LOCATION/REQUEST: The property is located at 120 South Mohler Drive. The
petitioner requests waivers of (a) maximum structural height and (b) minimum
structural setback to construct a 32-foot high single-family residence.
ZONING ADMINISTRATOR ACTION: Variance No. 3864 was approved in part (32 foot
requested, maximum 30-foot high dwelling approved) by the Zoning Administrator
under Decision No. ZA89-08.
HEARING SET ON:
A review of the Zoning Administrator's decision was requested by Councilman
Pickler and Councilman Hunter at the meeting of February 28, 1989, and public
hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 6, 1989.
Posting of property April 7, 1989.
Mailing to property owners within 300 feet - April 6, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Zoning Administrator dated February 9, 1989.
APPLICANT'S
STATEMENT:
Mr. Matthew Greene.
He explained the extensive procedure he had gone through during
the past year culminating in the public hearing before the
Council tonight. At his hearing before the Zoning Administrator
on January 26, 1989, he was informed that he needed a 15-foot
setback on the east property line which had not been mentioned
up to that point, and due to the opposition present, they needed
tO revise their plan doing what they could to bring the height
down from 32 feet. The plans were revised to meet the 15-foot
side yard setback and reduced the roof pitch bringing the height
down to 27 feet. There was still opposition at the February 9,
1989 meeting.
In the role of arbitrator, the Zoning Administrator suggested an
additional revision of plans to make them more compatible with
the pending Zoning Code Amendment pertaining to maximum
residential building height in the Scenic Corridor. Plans were
revised a third time and Variance No. 3864 was approved in part
but subsequently the matter was set for a public hearing before
the Council. They have gone through the procedure at each step,
meeting the recommendations of the Zoning Administrator. They
have met with their immediate neighbors and of the five
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City Hall. Anaheim. California - COUNCIL MINUTES - ADril 18. 1989, 5;30 p,M,
residents they spoke with and showed their plans to, four signed
their letter stating they were in favor of those plans. They
are asking today that they be granted the rights and privileges
their neighbors enjoy and request that they no longer be stalled
but that an affirmative decision be granted in their favor so
that they can proceed with their plans.
PUBLIC DISCUSSION-
IN FAVOR: Frank Minesali, 111 South Mohler Drive.
His property is directly across the street. In 32 years, he has
seen a lot of changes. People came into the area and did what
they wanted. They tore down trees and then decided they did not
want anybody else doing the same. Then everybody suddenly
became master builders and architects and are now meddling into
the lives of other people causing them problems and expense. He
has no problem at all with Mr. Greene building to 32 feet.
Another neighbor's house is 35 feet high and another 30 feet
high. All Mr. Greene wants to do is build a home and he is all
for him. The neighbor who lives on the southeast side feels it
is none of his business and he will be looking at the house
everyday just as he (Minesalt) will.
Rod Agajanian, 120 Mohler Drive.
He is not opposed. He has lived in the area since August.
People stop by his house as he is working in his yard and they
talk about the lot on which Mr. Greene wants to build. He has
only talked to one out of eight who is opposed. He does not
know where all these people are coming from who are opposed. He
wants to be on record that he is for Mr. Greene and he hopes the
Council is as well.
PUBLIC DISCUSSION-
IN OPPOSITION:
Mr. Patrick Pepper, 269 Hillcrest, Chairman, Anaheim Hills
Citizens Coalition.
The decision of the Zoning Administrator is contrary to the
direction of the Council of January 10, 1989 which restricted
the height of homes in the Scenic Corridor and Mohler Drive area
to 25 feet with an exception of 10% of the roof area which then
allowed a height of 30 feet for special architectural features.
In this case, the waiver is for combined ridge line which is not
an architectural feature. He asked that the Council overturn
the Zoning Administrator's decision and uphold the Council
decision of January 10, 1989.
Mitzy Ozaki, 340 Timken Road, Anaheim.
She submitted letter dated April 18, 1989 stating the reasons
for her opposition to the Variance which included the
following: The size of the lot is a substantial deviation from
the minimum area standard; a smaller lot would better
accommodate a smaller residence; the house plans should be
modified and not the area standards; the southeasterly egress
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City Hall. Anaheim. California - COUNCIL MINUTES - April 18, ~989, 5;30 P,M,
may create a traffic hazard and/or congestion; the waiver of
maximum structural height must be denied since the area standard
is 25 feet. She urged the Council to uphold the area standards
and deny both the request for waiver of the maximum structural
site and the minimum structural setback.
Phil JouJon-Roche, 415 Rio Vista.
The lot size is the key issue. It is one of the smallest
half-acre lots in Anaheim. This substandard lot should have a
height lower than 25 feet. It was created in 1982 by City
Council action. He is expressing the opposition of the Santa
Aha Canyon Property Owner's Association (SACPOA).
John Schaffer, Pleasant Place.
It will be an oversized house on an undersized lot that will be
a visual intrusion on the environment. There is no basis for
granting a variance in this case. The Scenic Corridor is being
eroded away, one variance at a time.
Phyllis Duncan, 7625 Pleasant Place.
They are trying to protect their way of life in this area. The
true hardship is self-created and rests on the design of the
house. She urged denial of the variance.
Kathleen Anders, 150 South Mohler Drive.
Their property is adjacent to the easterly side of the subject
property and would be directly affected. Of the five neighbors
contacted, they are the neighbors in opposition. They welcome
development on that lot and would enjoy having a family as nice
as the Greenes living there; however, the variance should be
denied because of the resultant impact on them. The 15-foot
setback was mandated by the City Council in March.
Roland Krueger, 561 Peralta Hills Drive.
The Council had directed staff to prepare a new ordinance
wherein the 25-foot height limit is maintained except in the
Hidden Canyon area and the exceptions the Council proposed
involving architectural features. As indicated from the posted
drawing, more than architectural features are involved
representing approximately 46% of the north south projection of
the house. If this is granted, the Council will have
immediately destroyed the concept of their new ordinance.
SUMMATION BY APPLICANT: Matthew Greene.
Working from the posted plan and photographs of homes in the
area, he answered the concerns expressed about the lot being
substandard, and too large a house on a small lot. From a
color-coded map, he showed those neighbors who do not feel they
will be impacted by his house. Further, there is no view to be
had in the area. Net-square-footage-wise it may be valid this
is a small lot, but there are some properties that may be an
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City Hall. Anaheim. California - COUNCIL MINUTES - April 18. 1989. 5:30 P.M.
acre or two but the building pad may be 5,000 square feet and
the rest is down a cliff. The house will not be a negative
impact but a positive one to a corner that has been in need of
improvement for some time. Me asked that the Council not deny
what is going to be a beautiful house and a good addition to the
area.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilman Ehrle then posed questions to the Zoning
Administrator for purposes of clarification.
Annika Santalahti.
Her approval took the requested height down to 30 feet. She
then explained/confirmed the provisions of the Building Code
change and how it related to the project.
City Attorney White.
The Zoning Administrator's explanation was in response to the
fact that there had been references in the hearing to the
proposed Code change. He emphasized for purposes of this
hearing and the Council's decision, it is not relevant to
consider what may happen in the future. On this application,
the Council's decision must stand or fall based upon existing
Code requirements and present criteria in the Code for granting
a variance, i.e., that there are extraordinary or special
circumstances that apply to this property that do not apply to
other properties in the same vicinity and zone and, therefore,
this property would be deprived of benefits and privileges
enjoyed by other properties unless the variance were granted.
Those are the criteria by which the Council should be guided.
Mayor Hunter.
He is going to move to deny the height variance but agrees with
Mr. Greene on the setback.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL F~EMPTION; On motion by Councilman
Hunter, seconded by Councilwoman Kaywood, it was determined that the proposed
project falls within the definition of Section 3.01 Class 3, of the City of
Anaheim guidelines to the requirements for an Environmental Impact Report and
is, therefore, categorically exempt from the requirement to file an EIR.
MOTION CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-130)
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-130 for adoption, approving
Variance No. 3864, in part, denying waiver (a) maxtmum height and approving
waiver (b) minimum setback. Refer to Resolution Book.
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City Hall. Anaheim. California - COUNCIL MINUTES - April 18. 1989. 5:30 P,M.
RESOLUTION NO, 89R-130; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3864, IN PART.
Before a vote was taken, Councilman Ehrle stated he is going to
vote against the resolution. The applicant has gone through a
great deal of time and effort to build his dream house. He
feels the current ordinance is wrong and it was adopted at a
different time in Anaheim when people lived in ranch style
homes. The area is changing. Mr. Greene's neighbors are
requesting that he be allowed to go forward with his home.
Councilwoman Kaywood.
If the request is granted, it is breaking faith with the people
in the Mohler Drive area who were promised at the outset that
the integrity of the area would be maintained, and the height
standard adhered to. She also noted that the Zoning
Administrator did not approve the requested setback.
Mayor Hunter confirmed that the resolution he offered is to
approve the setback but to deny the height variance. He would
not support a resolution denying both of the requested waivers.
Mr. Greene asked if he could then go ahead and reduce the height
of the home to 25 feet, pull permits and build; Mayor Hunter
stated that is what the proposed resolution is allowing him to
do if it is approved.
A vote was then taken on the foregoing resolution as offered by Mayor Hunter:
Roll Gall Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Kaywood and Hunter
Daly and Ehrle
None
The Mayor declared Resolution No. 89R-130 duly passed and adopted.
179: PUBLIC HEARING - WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT
NO. 3111 AND NEGATIVE DECLARATION:
APPLICANT: OWNERS:
City Equities Anaheim Ltd.
1880 Century Park East, Suite 300,
Los Angeles, CA 90067
AGENT:
Ralph Miller
1880 Century Park East, Suite 300,
Los Angeles, CA 90067
LOCATION/REQUEST: The property is located at 1720-40 West Lincoln Street.
The request is to construct a 36,739 square-foot commercial retail center with
waivers of (a) minimum number of parking spaces, and (b) landscaping of
required yard.
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City Hall. Anaheim. California - COUNCIL MINUTES - April 18. 1989, 5:30 P,M,
PLANNING COMMISSION ACTION: Conditional Use Permit No. 3111 was approved by
the Planning Commission under Resolution No. PC89-43; Waiver of Code
Requirement was approved by the Planning Commission; approved EIR Negative
Declaration.
HEARING SET ON:
A review of the Planning Commission's decision requested by Councilman Pickler
and Councilwoman Kaywood at the meeting of March 7, 1989, and public hearing
scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin March 6, 1989.
Posting of property March 6, 1989.
Mailing to property owners within 300 feet - March 7, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 13, 1989. (?)
APPLICANT'S
STATEMENT:
Joe Langlots, City Equities, 1880 Century Park, East Los Angeles.
He described the project and surrounding land uses. Relative to
parking, 216 spaces are required by Code. The plans provide for
210 spaces, 29 of which could potentially be lost due to a
future dedication for the improvement of Lincoln Avenue,
therefore, 181 spaces are provided on-site as opposed to 216
required. Because he owns the adjacent parcel, they did a
parking study, one that looked at demand for the new center
being created and secondly, looked at Code on the Bob's Big Boy
parcel which he owns. There are 47 spaces in excess of Code for
Bob's. They are contiguous parcels. He has obtained a
reciprocal parking agreement with his tenant. There will be no
division between the parking lot of Bob's and the proposed
center. They will physically have on-site 228 spaces when 216
spaces are required.
Counting the 29 spaces that will be lost in the future to
dedication, they would be 50 spaces over Code. They are not
asking for any variances on the setback. They will be
installing the required landscaping initially but if the
dedication takes place, it will be lost. He believes they would
have room to reconfi§ure based on the 47 extra spaces at Bob's
and when the new configuration takes place, put in some
landscaping along Lincoln and they would be willing to stipulate
to that.
Paul Singer, Traffic Engineer.
There will be 3 feet of landscaping until such time as the
critical intersection dedication and improvement is made, at
which time the entire row of parking spaces on Lincoln Avenue
will be deleted and the landscaping will increase.
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City Hall, Anaheim, Caltf. ornta - COUNCIL MINUTES - ApeS1 18, ~989, 5;30 P,M.
Anntka Santalahtt, Zoning Administrator.
She suggested in order to make it clear, a condition should be
added that when the critical intersection dedication does take
place, the landowner shall be responsible for realigning the
parking to make it usable as well as retain a minimum 3-foot
planter strip along the street.
Joe Langlois.
He will stipulate to that and would be happy to do so in this
case, but he would hope they would not do that as a general rule
because the critical intersection already works quite a hardship
on the property.
Councilman Daly then posed a line of questions to clarify the
landscape situation which were answered by the Zoning
Administrator and the Traffic Engineer, Paul Singer, at the
conclusion of which he surmised that there will be 5 feet of
landscaping regardless. The City will be left with a landscape
strip between 4 feet and 11 feet at the time of the dedication
for the critical intersection improvement. He asked if that
would take into account the car overhang as well.
Paul Singer, Traffic Engineer.
There would be no car overhang because it will be adjacent to an
aisle. The Engineering Department, when they designed the
intersection and actually require the dedication, which will
first require an environmental document, it will then come back
to the Council at which time they will have the opportunity to
approve the landscaping as well as the improvements at the
intersection.
Mr. Art Watson.
He owns the property across the street and asked if there was
some idea when the street would be widened.
Paul Singer.
He answered no. Twenty-eight critical intersections have been
designated. Five of the 28 are included in the City's next
2-year budget - three intersections in the northeast industrial
area and two in the Stadium area. The subject intersection will
be included in the top half of the priority list.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Pickler, seconded by Councilman Ehrle, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
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.
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City Hall, Anaheim, California - COUNCIL MINUTES - ADril 18. 1989. 5:30 P.M.
WAIVER OF READING - RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-131)
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-131 for adoption, granting
Conditional Use Permit No. 3111, subject to the City Planning Commission
conditions with an additional stipulation by the applicant relative to parking
which will require modification to Condition No. 15. Refer to Resolution Book.
RESOLUTION NO. 89R-131: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3111.
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-131 duly passed and adopted.
179; PUBLIC HEARING - RECLASSIFICATION NO, 88-89-36, VARI~LNC$ NO, 3899 AND
NEGATIVE DECLARATION:
APPLICANT: OWNERS:
Lucile M. Perryman and Frank E. Perryman
703 N. Anaheim Blvd.,
Anaheim, CA 92805
AGENT:
Koko Chang
P.O. BOX 2868,
Anaheim, CA 92814
LOCATION/REQUEST: The property is located at 318 S. Lemon Street. The
request is for a change in zone from ML TO RM-1200 or a less intense zone, and
for waivers of (a) minimum building site area per dwelling unit, (b) maximum
structural height and (c) maximum site coverage to construct a 22-unit
"affordable" apartment complex.
PLANNING COMMISSION ACTION: Reclassification No. 88-89-36 was approved by the
Planning Commission under Resolution PC89-44; Variance No. 3899 was approved
by the Planning Commission under Resolution No. PC89-45; Approved EIR Negative
Declaration.
HEARING SET ON:
A review of the Planning Commission's decision was requested by Councilman
Daly and Councilman Pickler at the meeting of March 7, 1989, and public
hearing scheduled this date.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 18. 19~9, 5;30 ~,M,
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim BulletinApril 6, 1989.
Posting of property April 6, 1989.
Mailing to property owners within 300 feet - April 7, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated February 13, 1989.
APPLICANT'S
STATEMENT:
Kent Boydstun, 703 North Anaheim Boulevard.
He is representing the property owners. He first gave the
history of the property and the actions that took place at the
Planning Commission level. After revising their plans to answer
concerns expressed about the accessibility of the garage, the
Planning Commission approved the project with no opposition from
the surrounding neighborhood or other members of the community.
He then submitted a handout highlighting the project and some of
the other things the Changs have done. (See Blue Booklet
"Development Proposal - Proposed Project Site, 318 South Lemon
Street" - made a part of the record). He then briefed the
information contained in the booklet which gave the site
development statistics, proposed number and type of units, a
rendering of the project, photographs of the structures now
existing on the property, surrounding land uses and photographs
of other projects built by the developer who is an architect as
well to show the thought and quality that goes into his
projects. He is requesting approval of the Reclassification and
Variance.
COUNCIL CONCERNS:
Councilman Daly.
His concern is the look of the project since it is so close to
the Downtown Redevelopment Project area. He asked if there was
a way to eliminate the outside plumbing elements indicated in
the staff report. Although it states it is going to be
screened, he wants to be sure that it is hidden from view.
Anntka Santalahtl, Zoning Administrator.
She understands that the lines or pipes can be boxed in, not
just landscaped but physically screened so that they do not show
at a~.l. The Council may want to modify the condition pertaining
to that item.
Mr. Boydstun.
They would be more than willing to do that. He agrees with
Councilman Daly that it distracts from the overall appearance.
Councilwoman Kaywood.
She expressed her continuing concern with tandem parking.
Tandem spaces are used as one parking space rather than two.
Tandem parking does not work.
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City Hall. Anaheim. Caltf_ornia - COUNCIL MINUTES - A~ril 18. 1989. 5:30
Councilman Daly.
An additional concern is lot coverage (55% proposed - 63%
required). He asked staff with the draft guidelines under
review by staff on deck housing, how this project would satisfy
those standards.
Anntka Santalahtt.
She does not believe it is that much different from those
standards, but the one thing Council did introduce for first
reading at the morning workshop, for 3-bedroom units, parking
would go up to 3.5 spaces per unit instead of 2.5. If this
project were to come in in 8 weeks, there would be an additional
waiver required. It would necessitate the coverage waiver but
the other two waivers would still be required.
Mr. Boydstun then clarified for Councilman Pickler that they
have looked at post tension construction and probably will go
with that. He feels post tension is definitely the way to go
with deck housing. They would not have a problem utilizing post
tension in the construction of this project.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Mitchel Caldwell, 902 West Broadway.
He asked if the City's code was so flawed and restrictive that
it becomes impossible to construct and develop properties in the
City without requesting variances. He wants to know, if the
Council approves the project, the reasons why they did so.
Arvadis Spina, 805 North Helena.
They should have more single-family residents rather than
apartments because apartment areas encourage more crime.
Paul Maxwell, 318 South Lemon Street.
When he saw the posted notice, it was the first he heard of the
project. (He is a resident in the units presently existing on
the property). There are 9 homes on the property and there is a
shortage of single-family homes in the downtown area now. This
is the most narrow part of Lemon Street. There are more than
enough people and cars going in and out of that narrow space at
the present time. Parking is also a problem. The area is too
congested to build a multi-level development in that area.
(Councilwoman Kaywood clarified that there are not 9
single-family homes on the property but 9 large apartments in a
courtyard arrangement).
Jennie Ku.
She owns the property across the street at 321 South Lemon
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City Hall, Anaheim, Calf~ornia - COUNCIL MINUTES - Apr~ 18, %989, 5;30 P,M,
Street. These are 9 units all detached with garages attached to
the house. She also feels this is a very narrow part of Lemon
Street and traffic is a problem there.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Annika Santalahti, Zoning Administrator.
If the Council approves the project she feels it would be
appropriate to amend Condition No. 21 to read, "That all
plumbing or other similar pipes and fixtures located on the
exterior of the building should be fully screened by
architectural devices and/or appropriate building materials and,
further, such information shall be specifically shown on the
plan submitted for building permits." Relative to post-tension
construction, that can also be inserted as a condition which
will require some renumbering of the final three conditions.
Mr. Boydstun stated that he had no problem with that.
Councilman Daly reiterated his concerns with the project and the
waiver requests. It is too much for the site. He is going to
vote against it because of the three waivers.
Councilwoman Kaywood.
She also reiterated her concern with tandem parking. She has
not seen it work anywhere. With 12 tandem spaces, it means the
project will be short 12 spaces even if there is space to
maneuver.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman
Pickler, 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 RESOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-132)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-132 for adoption, approving
Reclassification No. 88-89-36, subject to City Planning Commission
conditions. Refer to Resolution Book.
RESOLUTION NO, 89R-132; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF
THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF
CERTAIN ZONES SHOULD BE CHANGED.
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City Hall. Anaheim, Cali~ornla - COUNCIL MINUTES - April 18. 1989. 5:30 P.M.
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-132 duly passed and adopted.
WAIVER OF READING - R~SOLUTION: The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-133)
Councilman Pickler moved to waive the reading in full of the resolution.
Councilman Hunter seconded the motion. MOTION CARRIED.
Councilman Pickler offered Resolution No. 89R-133 for adoption, granting
Variance No. 3899, subject to City Planning Commission conditions but with an
amendment to Condition No. 21 relative to the screening of plumbing fixtures
and also including that the project shall consist of post-tension
construction. Refer to Resolution Book.
gESOLUTION NO. 89R-133: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3899.
Roll Call Vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Pickler and Hunter
Daly and Kaywood
None
The Mayor declared Resolution No. 89R-133 duly passed and adopted.
RECESS: By general consent the Council recessed for ten minutes. (9:25 p.m.)
AFTER RECESS; The Mayor called the meeting to order, all Council Members
being present. (9:40 p.m.)
~79; REHEARING - VARIANCE NO, 3867 AND NEGATIVE P~C~RATION:
APPLICANT: OWNER:
Durfee Gardens, Partnership
1700 Raintree Road,
Fullerton, CA 92635
AGENT:
Dr. Ronald Crowley
1700 Raintree Road,
Fullerton, CA 92635
LOCATION/REQUEST: The property is located at 747-755 North East Street. The
request is to waive (a) minimum site area per dwelling unit, (b) minimum front
yard setback, (c) minimum rear yard setback, (d) minimum recreational/leisure
375
City Hall. Anaheim, California - COUNCIL MINUTES - April 18. 1989. 5:30 P.M.
area and (e) maximum structural height to construct a 21-unit "affordable"
condominium complex.
A public hearing was held February 21, 1989, and Council denied the code
waivers, reversing the findings of the City Planning Commission under
Resolution No. 89R-48; approved EIR Negative Declaration.
A request for a rehearing was received from Durfee Gardens Partnership and
considered by the Council at the meeting of March 7, 1989. The request for
rehearing was granted and public hearing scheduled this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 6, 1989.
Posting of property April 6, 1989.
Mailing to property owners within 300 feet - April 7, 1989.
Councilman Ehrle stated he was going to abstain from discussion and voting on
this item due to a previously declared conflict of interest.
Mayor Hunter asked first to hear from staff.
Annika Santalahti, Zoning Administrator.
At the public hearing when the Council made its decision, what
she did not understand at the time was that the favorable
discussion regarding 18 units was a serious one and would
necessitate approval of waiver (e), maximum structural height.
If Council acts favorably reversing their prior action, it would
approve, in part, Variance No. 3867 for 18 units, approving only
the maximum structural height waiver (e) and also deleting the
condition in the project that requires setting aside affordable
units which was originally necessitated by this variance. It
would be an 18-unit condomintmumwith waiver (e).
APPLICANT'S
STATEMENT:
3ohn Jaeger, 14242 Wyeth, Irvine.
After a great deal of work with staff, they are proposing an
18-unit condominium development with a lot of open space and
only one waiver. It would be a project that would benefit the
City and the neighborhood.
PUBLIC DISCUSSION-
IN FAVOR: None.
PUBLIC DISCUSSION-
IN OPPOSITION:
Frank Zavedo, 753 North Bush Street.
It is already in the record the number of people who were at the
last hearing before the Council along with the many signatures
in opposition that were presented opposing the development. On
February 21, 1989 the Council denied the developer 20 units and
told him to come back with 18 with no variances. He named all
the people who spoke at the meeting (see minutes that date) who
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Hall. Anaheim, California - COUNCIL MINUTES - Aortl 18. 1989. 5:30 P.M.
wanted the developer to build with no variances. He is speaking
for them. They are still opposed to the project. The density
is too high for the area. The Council has already denied the
variances.
Trent Wilson, 1001 East North Street.
Me would like to doubly reinforce Mr. Zavedo's comments about
the neighborhood and their specific resistance to this project
and that the developer build to Code. The dedication of the
builder to their neighborhood is in question considering what is
occurring on the property at the present time. He is speaking
for Mr. Gelker, Mr. & Mrs. Peale, Mr. & Mrs. Tugge, he and his
wife and Mrs. Smith - all of the neighbors on the opposite side
of North Street speaking through him asking that the City stand
by its Code. Had the developer complied with the direction he
was given, they would not be here tonight. They agreed to no
waivers and that is what they will continue to support.
Mitchell Caldwell, 902 West Broadway.
He again wanted to know on this project if the Council was
contemplating approving it, why their elected officials are
granting a deviation of the law. The final project should
reflect the laws of the City.
APPLICANT/AGENT:
Massoud Monshizadeh, 1524 Victoria Way.
The property was zoned for RM-1200. It was rezoned to RM-2400.
They are asking for RM-3000 and there is still an objection.
They believe they are designing a very good project and are
taking only 20% or 21% of the land. The rest is open space in
green area. There is a 2-story but with the houses that are
parallel only one kitchen is involved. There is no visibility
to the bedrooms living room or any place else. He explained for
Councilwoman Kaywood to get to the 18 units, they will be
removing 2 units on the south.
COUNCIL ACTION:
Mayor Hunter closed the public hearing.
Councilwoman Kaywood asked if it was possible for them to remove
2 units from the second story next to the single-family home;
Mr. Monshizadeh answered that they had not studied that; Mr.
Jaeger stated they could not do so because a critical aspect is
the garage which enters into the first floor. A large portion
of the living space is on the second floor. If the second floor
is removed, there is no living space left.
Councilman Hunter offered a resolution to approve Variance No. 3867. The
resolution failed to carry on the following tie vote:
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City Hall. Anaheim. California - COUNCIL MINUTES - April 18. 1989. 5:30 P,M,
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler and Hunter
Daly, and Kaywood
Ehrle
City Attorney White.
On a two-two vote tie, by operation of law, the application is
deemed denied. The tie cannot be broken without someone
changing their vote. In the absence of that, the application
will be denied and development would have to conform to all
provisions of the Code which may result in less than 18 units
being built.
Annika Santalahti.
The 2-story units within 20 feet are the closest. If they made
modifications on building two and took 2 units off building two
instead of buildings four and five, that would modify the
request and perhaps that would change somebody's opinion.
Mayor Hunter asked if Mr. Monshizadeh if he understood what the
Zoning Administrator was suggesting.
Mr. Monshizadeh answered that they would go ahead and design
that way.
Ms. Santalahti clarified the waiver is still needed but now the
revised exhibits would not just be 18 units but it would also be
the 2 units to be removed shall be the 2 westerly units on
building two with everything else left as is.
Councilwoman Kaywood.
She wanted to be certain that with the line of site proposed
there would be no visual intrusion.
Mr. Monshizadeh stated the 2 units will be eliminated and they
will move away from the west and the south,
Councilwoman Kaywood.
She wanted to ~e assured that the single-family homes will not
have any intrdSion from the 2-story.
City Attorney White.
A possibility would be to offer the resolution approving the
variance in part with a deletion of the 2 units as previously
suggested by the Zoning Administrator and adding a condition
that the revised site plan shall be submitted to and approved by
the Planning Department.
Annika Santalahti.
Before those 2 units would be looking directly into the house
area. Now with the remaining units, nothing will be facing
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City Hall. Anaheim. California - COUNCIL MINUTES - April 18, 1989, 5;30 P,M.
directly south because they are offset towards East Street. It
will not be 50 feet but instead of looking directly out at it it
will be at an angle.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARAT~0N: On motion by Councilman
Hunter, seconded by Councilman Pickler, the City Council approved the negative
declaration upon finding that it has considered the negative declaration
together with any comments received during the public review process, and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment. Councilman Ehrle was temporarily absent. MOTION
CARRIED.
WAIVER OF READING - RESOLUTION; The title of the following resolution was
read by the City Clerk. (Resolution No. 89R-134)
Councilman Hunter moved to waive the reading in full of the resolution.
Councilman Pickler seconded the motion. Councilman Ehrle was temporarily
absent. MOTION CARRIED.
Councilman Hunter offered Resolution No. 89R-134 for adoption, approving
Variance No. 3867 for a maximum of 18 residential condominium units but that
the two most westerly units of building No. 2 (as shown on Revision No. 1 of
Exhibit No. 1) shall be removed to reduce the total unit count to 18. Refer
to Resolution Book.
RESOLUTION NO, 89R-134: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3867, IN PART (REHEARING).
Roll Call Vote:
AYES:
NOES:
TEMPORARILY ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Pickler, Kaywood and Hunter
Daly
Ehrle
The Mayor declared Resolution No. 89R-134 duly passed and adopted.
155/170: PUBLIC HEARING - WAIVER OF THE HI~LSID~ O~a, DING ORDINANG~ -
ENVIRONMENTAL I~PACT REPORT NO, 283 (PREVIOUSLY CERTIFIED) - TRACT NO, 12994 -
(SYCAMORE CANYON);
Tract 12994 is located southwesterly of the intersection of Weir Canyon Road
and Serrano Avenue. The request is for a waiver for Tract 12994, per section
17.06.29 of the requirement of the City of Anaheim Hillside Grading Ordinance
as it relates to the location of lot lines at the top of slopes, section
17.06.120.04 and Table 17-A.
STAFF INPUT:
See report dated March 17, 1989 from Gary Johnson, Director of Public Works
and City Engineer, recommending that the request be granted.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in Anaheim Bulletin April 6, 1989.
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City Hall, Anaheim, California - COUNCIL MINUTES - April 18, 1989, 5;30 P,M.
Posting of property April 7, 1989.
Mailing to property owners within 300 feet - April 6, 1989.
PLANNING STAFF INPUT:
See Staff Report to the Planning Commission dated
Councilwoman Kaywood.
She questioned the statement in the staff report that this is a
proposed apartment and in parentheses (future condominium).
Art Daw, Deputy City Engineer.
The specific plan of development proposed this area for
apartments and the developer's intention is that ultimately they
will be developed as condominiums.
COUNCIL ACTION:
There being no further persons who wished to speak, Mayor Hunter closed the
public hearing.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilwoman
Kaywood, seconded by Councilman Pickler, 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.
MOTION: Councilwoman Kaywood moved to approve waiver of the Hillside Grading
Ordinance for location of lot lines and Tract No. 12994 - Sycamore Canyon - as
requested, finding that exception or extraordinary circumstances may
compliance with Code requirements for lot line location and practical.
Councilman Pickler seconded the motion. MOTION CARRIED.
114/173/148: TRANSPORTATION ISSUES TO BE VOTED ON %T TSE MAY 20, 1989 ORANGE
COUNTY LEAGUE OF CITIES ¢OCLG MEETING); Councilman Pickler asked for Council
consensus on the issues that are to be discussed and voted on at the subject
meeting in order to give Anaheim's voting member direction.
Councilman Pickler moved to support the following at the OCLC meeting: That
there be full funding of peoplemovers or transit for the 20-year plan of
transportation improvements and to oppose efforts ~o reduce funding for these
programs; endorse the concept of a consolidation oi existing transportation
agencies, resist efforts to slow down the merger of transportation agencies in
Orange County and urging a speedy resolution to this issue. Councilman Ehrle
seconded the motion. MOTION CARRIED.
ADJOURNMENT; Councilman Hunter moved to adjourn.
the motion. MOTION CARRIED. (10:25 p.m.)
LEONORA N. SOHL, CITY CLERK
380
Councilman Ehrle seconded