Loading...
1989/05/02City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 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: Jack White CITY CLERK: Leonora N. Sohl ZONING ADMINISTRATOR: Annika Santalahti TRAFFIC ENGINEER: Paul Singer DEPUTY CITY ENGINEER: Arthur Daw ASSISTANT PLANNER: Linda Rios PLANNING DIVISION MANAGER: Mary McCloskey CITY ENGINEER: Gary E. Johnson A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:50 p.m. on April 28, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 4:00 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(a), to wit: Golden West Baseball Co. vs. City of Anaheim, Orange County Superior Court Case No. 40-92-46; City of Anaheim vs. Anaheim Hotel Partnership, O.C.S.C.C. No. 46-96-59. b. To discuss labor relations matters - Government Code Section 54957.6. c. To discuss personnel matters Government Code Section 54957. d. To confer with its Attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). e. To consider such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session. AFTER RECESS: The Mayor called the meeting to order, all Council Members Being present, and welcomed those in attendance to the Council meeting. (5:46 p.m.) INVOCATION: Dr. Bryan Crow, Garden Church of Anaheim Hills, gave the invocation. FlAG SALUTE: Councilman William Ehrle led the assembly in the Pledge of Allegiance to the Flag. 415 City Hall, Anaheim, California - COUNCIL MINUTES May 2, 1989, 5:30 P.M. 119; PRESENTATION - RETIREMENT RINGS FORMER CHIEFS OF POLICE: Police Chief Joseph Molloy presented retirement rings to three of Anaheim's former Chiefs of Police - Mark Stephenson, Chief of Police, 1946-1969; Dave Michel, Chief of Police, 1965-1974; Harold Bastrup, Chief of Police, 1974-1978. Mayor Hunter, who stated he had the privilege of serving under all three former Chiefs, and Council Members congratulated each of them and thanked them for their prior service to the City. 119; PRESENTATION - CINCO DE MAYO FIESTA COMMITTEE AND CANDIDATES FOR QUEEN: Mr. Rene Lopez, Chairman of the 18th annual Cinco De Mayo Fiesta Committee introduced Mr. Amtn David, Vice-Chair and Norbert Mendoza, Treasurer. He also briefed the Council on the dates and times of activities of the Fiesta commencing Thursday, May 4, 1989 and ending on Sunday, May 7, 1989 when the Fiesta Queen will be crowned. He invited the Council and all to attend. He then introduced the following four candidates, one of whom will be chosen Queen on May 7, 1989: Norma Alvarez, Wendy Martinez, Keesha Kerr and Sandra Ruvacaba. Mr. Lopez thanked Terry Lowe, Brookhurst Community Center Director, the City's liaison to the Fiesta Committee. 119: PROCLAMATIONS: The following proclamations were issued by Mayor Hunter and authorized by the City Council: Hire a Veteran Week in Anaheim, May 7 13, 1989, Hospital Week in Anaheim, May 7 - 13, 1989, Better Hearing and Speech Month, May, 1989. Hector Gutierrez and Jesus Vazquez accepted the Hire a Veteran Week proclamation; Kathleen Coats accepted the Better Hearing and Speech Month proclamation. ~19; DECLARATION OF COMMENDATION: A Declaration of Commendation was unanimously adopted by the City Council to be presented to and honoring Dorothy Cox, Outgoing President, California Dental Assistants Association, Inc., and further welcoming the California Dental Assistants Association to the City of Anaheim. MINUTES; Councilwoman Kaywood moved to approve the minutes of the regular meeting held April 4, 1989. Councilman Ehrle seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,005,129.35, in accordance with the 1988-89 Budget, were approved. WAIVER OF READING - RESOLUTIONS/ORDINANCES: The titles of the following resolutions and ordinances on the Consent Calendar were read by the City Manager. (Resolution Nos. 89R-155 through 89R-161, both inclusive, for adoption; Ordinance Nos. 5021 through 5024, both inclusive for adoption) 416 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5:30 P.M. Councilman Pickler moved to waive the reading in full of the resolutions and ordinances. Councilman Hunter seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilman Hunter, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Councilman Pickler offered Resolution Nos. 89R-155 through 89R-161, both inclusive, for adoption; Ordinance Nos. 5021 through 5024, both inclusive, 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: a. Claim submitted by Julie R. Keller for property damage sustained purportedly due to actions of the City on or about February 1, 1989. b. Claim submitted by Dann Duncan for bodily injury sustained purportedly due to actions of the City on or about October, 1988. c. Claim submitted by Michael Valle for bodily injury sustained purportedly due to actions of the City on or about December 31, 1988. d. Claim submitted by Richard Sanders for property damage sustained purportedly due to actions of the City on or about March 5, 1989. A2. 105: Receiving and filing minutes of the Anaheim Public Library Board meeting held March 29, 1989. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held April 5, 1989. A3. 164: Approving the Notice of Completion of the construction of Lewis Street/Ball Road Storm Drain Improvement by Dory Bros. Equipment Company, and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A4. 169: Approving the Notice of Completion of the construction of Route 91/57 Overcrossing Approach Landscaping Improvements by Artistic Landscape and Engineering, Inc., and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. AS. 167: Approving the Notice of Completion of the construction of Traffic Signal Interconnect by Henkels & McCoy, Inc., and authorizing the Mayor to sign and the City Clerk to file the Notice of Completion. A6. 150: Approving Contract Change Order No. 1 in the amount of $67,452.50 (to increase the original contract of $566,940.95 to $634.392.45) in favor of Artistic Landscape & Engineering for Imperial Park Development. 417 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5;30 P.M. Gary Johnson, Director of Public Works/City Engineer, answered questions posed by Councilman Pickler for purposes of clarification. A7, 158: RESOLUTION NO. 89R-155: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting that certain irrevocable offer of dedication of street improvements for the southeast corner of Howell Avenue and State College Boulevard) AS, ~58; RgSOLUTION NO. 89R-156: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting those certain irrevocable offers of dedication for Tract No. 10972, Camino Grande, domestic water system, Tourmaline Court, a private street, as an easement for water and public utility purposes and a 6.00 foot wide Public Utility Easement) A9. 158; RESOLUTION NO, 89R-157; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Accepting those certain irrevocable offers of dedication for Tract No. 10974, Camino Grande for street and public utility purposes, domestic water system and appurtenances, Jacaranda Way and Amber Lane as easements for public utility and maintenance purposes, electrical system and appurtenances, the easements over Lot "A" for pedestrian and equestrian trail purposes) Al0, 144; RESOLUTION NO, 89R-158; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM CERTAIN HIGHWAY IMPROVEMENT PROJECTS (1989-1990). (TO include Anaheim Boulevard - Lemon Street to Cypress Street in the Arterial Highway Financing Program) Ail. 170: Withdrawing the approval of Tentative and Final Tract Map No. 13692, approving the return of all fees paid and unused plan check deposits, and approving the release of all public improvement bonds. Subject property is located at Ramsgate Drive and Via Arboles. Letter was received by Gary Johnson, City Engineer, indicating agreement between property owners; therefore, this item was withdrawn by staff. Al2, 113/156; RESOLUTION NO, 89R-159: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Traffic accident reports on microfiche from 1977 and 1978). Al3, 176; RESOLUTION NO. 89R-160; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS. (88-16A) (Setting a date for public hearing to consider abandoning a pipeline easement - east side of 7515 and 7521 Vista Del Sol - suggested date is June 6, 1989, at 6:00 p.m.) 418 City Hall, Anaheim, California COUNCIL MINUTES May 2, 1989, 5:30 P.M. Al4. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding or advertising to McAvoy & Markham, in the amount of $74,004.43 for 98 Sangamo DataStar Load Research Recorders to be used for the Public Utilities Department's Load Research Project. Al5. 160: Authorizing the Purchasing Agent to issue a change order to Public Works, Inc. in the amount of $152,561.56 bringing the revised purchase total to $305,123.12 for two additional air street sweepers to be used in the Sanitation Division. Al6. 160: Authorizing the Purchasing Agent to issue a change order to Hekimian & Associates, for an additional amount of $30,950 bringing the revised total order to $118,184 for removal/replacement of two underground fuel tanks at the Convention Center. Al7. 123: Approving a Third Amendment to Agreement with Ail City Management Services, Inc., in the amount of $335,760 to provide school crossing guards beginning July 1, 1989 through June 30, 1990. Al8. 160: Accepting the low bid of General Electric Company in the amount of $34,063.74 for 92 each 200 KVAR, 7200 volt capacitors, all in accordance with bid #4685. Al9. 160: Accepting the bid of American Chem Tech, Inc., in the amount of $29,458 for the removal and replacement of the Civic Center reflecting pool's interior seal coatings, in accordance with bid #4694. A20. 123: Approving a letter of intent with AT&T Public Communications for long distance phone call service for the City's public telephones. A21. 123: Approving a Fourth Agreement with the Neighborhood Improvement Program of Anaheim, Inc., (NIPA) to provide $50,000 in newly allocated funds (1988/89) and an unexpended amount of $28,608 of CDBG funds previously allocated to NIPA in the prior three agreements for a total of $78,608. A22, 149/142; ORDINANCE NO, 5021 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT PARKING ON BUSH STREET BETWEEN SYCAMORE STREET AND WILHELMINA STREET BETWEEN THE HOURS OF MIDNIGHT AND SIX A.M. A23, 161; RESOLUTION NO. 89R-161; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING A DESIGNATED SURVEY AREA FOR THE PROPOSED PLAZA REDEVELOPMENT PROJECT FOR STUDY PURPOSES. Submitted was report dated April 18, 1989 from the Community Development Director, recommending the amendment of the Redevelopment Survey Area No. 85-1. This matter was discussed at the Council meeting of April 25, 1989, wherein staff was directed to consider additional sites to the survey area and the matter was then continued to this date. 419 City Hall, Anaheim, California - COUNCIL MINUTES May 2, 1989, 5:30 P,M. Councilman Daly. At the April 25, 1989 meeting, he had asked if it were possible to amend the proposed study area to include the YMCA property and the Post Office property on Loara Street. He has since spoken with the Community Development Director. Lisa Stipkovich, Director of Community Development. It would be possible to add the Post Office site and the YMCA site into the project area. It would give the Agency several options to work with those properties on improving those properties, or in some cases looking for alternative sites. Since this is a study area, at a later date should they want to be deleted, those properties could be dropped out. She then explained for Councilman Pickler that the school site (Price Elementary) was not included because the land use would not be changing. In discussions with the School District, they see no future change of land use possibility and staff will be negotiating with the School Districts through the fiscal review process for tax increment money to be used in that area should they desire to do so. The school sites could be included if the Council's desire is to include them. Councilman Daly. The School District will be a financial partner with the Redevelopment Agency if Redevelopment takes place. That will give them the options they need, and the City can still work with them on use of the site if they desire, and there are acceptable alternatives. His preference would be to leave it out of the survey area recognizing that they will be a part of the ongoing discussion on the whole project. Mrs. Stipkovich clarified it would be more difficult to bring in additional properties than deleting them at a later date. What Councilman Daly was explaining was that they would have other revenue sources from the Project Area to do whatever they wanted on the property. Also in looking at the map, it would be surrounding the residential area. Just from that standpoint, it might give the residents cause for concern and they are trying to avoid that. Councilman Pickler stated he would like to include the school site along with the other two sites Councilman Daly would like included in the survey area. It was determined by general Council consensus that the three following sites be included in the survey area - YMCA, U.S. Post Office and Price Elementary school site, and that the map which is an exhibit to the resolution be amended to reflect these changes. A24. 185: ORDINANCE NO. 5022 - ADOPTION: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT 88-01 BY AND BETWEEN THE CITY OF ANAHEIM AND WOODCREST DEVELOPMENT INC. ("AMENDMENT"), (ii) FINDING THAT THE PROVISIONS OF SAID AMENDMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AMENDMENT FOR AND ON BEHALF OF THE CITY. 420 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5;30 P.M. 179; ORDINANCE NO. 5023 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SUBSECTION .055 TO SECTION 18.71.060 OF CHAPTER 18.71 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SP88-1) AND AMENDING ORDINANCE NOS. 4909 AND 4910, ACCORDINGLY. Councilwoman Kaywood. She feels sprinklers should be required in the additional 61 homes under the amendment. It would not only be a safety factor but will show those who would like to have sprinklers installed how well they work. Councilman Pickler. It his his understanding that when they adopted the recent sprinkler ordinance, the three Ranch developments in the Hill area were left out of having to comply with a new ordinance. Councilwoman Kaywood. This particular amendment came along afterward when the School District decided they did not need the Junior High School site and they put in the extra 61 homes. Mayor Hunter. With the amendment that allowed 61 additional homes, Woodcrest (Sycamore Canyon) had to give up a great deal which was all negotiated before the sprinkler ordinance was presented to the Council. Councilwoman Kaywood then pointed out some typographical corrections which were noted by staff; Mary McCloskey, Planning Division Manager, also answered questions relative to a future church site in the development area. A25. 179: ORDINANCE NO, 5024 - ADOPTION: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 18.72.105 TO CHAPTER 18.72 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (SP88-1). A26. 142: Approving the Rules of Order adopted by the Charter Review Committee for the conduct of its meetings. Roll Call Vote on items on the Consent Calendar: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Resolution Nos. 89R-155 through 89R-161, both inclusive, and Ordinance Nos. 5021 through 5024, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 105: yOUTH COMMISSION APPOINTMENTS; Recommendation from the Youth Commission concerning the replacement of an appointed commissioner, and appointing first, second and third alternates. Recommendation is for Manuel Ontiveros as an appointed commissioner, Thoy Yann as first alternate, Duy Nguyen as second alternate, and leaving the third alternate position to be filled from the list of candidates. 421 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5:30 P,M. Councilwoman Kaywood moved the following: That Thoy Yann be appointed by first alternate, Duy Nguyen be appointed the second alternate and appointing Marissa Patterson as third alternate. Councilman Hunter seconded the motion. MOTION CARRIED. 179: PUBLIC REOUEST: Mrs. Agnes Erickson, 301 East North Street. She referred to an item the Council will be considering under the Planning Commission Consent Calendar (Re: Conditional Use Permit No. 3130 to permit the construction of a 360 square foot granny unit with waiver of minimum stdeyard setback and minimum rear yard setback). She feels there are quite a number of problems with granny units and is asking that the Council set the matter for a public hearing. She clarified for Mayor Hunter that her problem with granny units is more in general especially if waivers are requested. Councilwoman Kaywood. She is planning to set that matter for a public hearing since she notes it is planned to be used as a rental until it is needed for a family member. 179/134; ITEMS Bi - B12 FROM THE PLANNING COMMISSION MEETING OF APRIL 10. 1989 INFORMATION ONLY - APPEAL PERIOD ENDS MAY 2, 1989: Bi, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 2967 AND NEGATIVE DECLARATION: OWNER: EDGA ENTERPRISES, 1990 Westwood Boulevard, 3rd Floor, Los Angeles, CA 90025 AGENT: JOHN SCHROEDER, 1490 S. Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 1490 South Anaheim Boulevard (Zzap, The Nightclub) To delete and/or amend conditions of approval in conjunction with an existing entertainment facility for persons under 21 years of age with waiver of dedication of right-of-way. CUP NO. 2967 GRANTED by the Planning Commission, PC89-101. Waiver of code requirement GRANTED by the Planning Commission. Approved Negative Declaration. Councilwoman Kaywood posed questions relative to the required dedication of right-of-way that the applicant was requesting be deleted which were answered by Art Daw, Deputy City Engineer and Paul Singer, Traffic Engineer. B2, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3130 AND NEGATIVE DECLARATION: OWNERS: DANIEL HALE AND PHYLLIS HALE, 319 N. Olive Street, Anaheim, CA 92805 ~OCATION; 319 North Olive Street To permit the construction of a 360 square-foot "granny unit" with waivers of (a) minimum side yard setback and (b) minimum rear yard setback. CUP 3130 GRANTED by the Planning Commission, PC89-102. Waiver of code requirement GRANTED by the Planning Commission. Approved Negative Declaration. 422 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5:30 P.M. A review of the Planning Commission's decision was requested by Council Members Kaywood and Daly, and a public hearing will be scheduled at a later date. B3, GENERAL PLAN AMENDMENT NO, 254, RECLASSIFICATION NO, 88-89-47, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3138 AND NEGATIVE DECLARATION: OWNER: ANGELA L.K.LIU, 12052 Garden Grove Boulevard, Garden Grove, CA 92643 ~OCATION: 612-1/2 and 626-1/2 North Brookhurst Street For a change in zone from ML to CL. Petitioner requests an amendment to the Land Use Element of the General Plan to redesignate subject property from General Industrial to General Commercial to permit a 7,870 square-foot commercial retail center with waivers of (a) minimum structural setback and (b) minimum number of parking spaces. WITHDRAWN by the applicant. B4. GENERAL PLAN AMENDMENT NO, 255, RECLASSIFICATION NO. 88-89-49, VARIANCE NO, 3933 AND NEGATIVE DECLARATION: OWNERS: DON TAKAI AND DOROTHY TAKAI, 3174 W. Rome Avenue, Anaheim, CA 92806 AGENT: MAGDY HANNA, 4400 MacArthur Boulevard, Newport Beach, CA 92660 LOCATION: 150 South Dale Avenue For a change in zone from RS-A-43,000 to RM-3000. Petitioner requests an amendment to the Land Use Element of the General Plan proposing a redestgnatton from the current General Commercial designation to the Low-Medium Density Residential designation to construct a 3-story, 33-unit, "affordable" condominium complex with waivers of (a) minimum site area per dwelling unit and (b) maximum structural height and (c) minimum recreational-leisure area. (Originally advertised for redesignation of General Plan to Medium Density Residential). WITHDRAWN by the applicant. B5, EIR NO, 273 (PREVIOUSLY CERTIFIED), REQUEST TO AMEND SECTION 18,70,060,040 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE HIGHLANDS AT ANAHEIM HILLS SPECIFIC PLAN (SP87-1) DEVELOPMENT AREA 12 ZONING AND DEVELOPMENT STANDARD SETTING FORTH THE REQUIRED LOCATION OF COVERED PARKING SPACES: OWNER: PRESLEY OF SOUTHERN CALIFORNIA, 17991 Mitchell South, Irvine, CA 92714-6095 AGENT: FRANK ELFEND, ELFEND AND ASSOCIATES, 4675 MacArthur Court, Suite 660, Newport Beach, CA 92660 LOCATION: Property consists of area totaling approximately 66.9 acres, generally located northeasterly of the intersection of Canyon Rim Road and Serrano Avenue and further described as Development Area 12 of The Highlands at Anaheim Hills Specific Plan (SP87-1) (previously-approved Vesting Tentative Tract Map No. 12700 Revision No. 1 for a 232-unit residential air-space condominium complex). 423 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5:30 P.M, Petitioner requests the amendment of Section 18.70.060.040 of the Anaheim Municipal Code pertaining to The Highlands at Anaheim Hills Specific Plan (SP87-1) Development Area 12 Zoning and Development Standard setting forth the required location of covered parking spaces in order to permit approximately 50% of the required covered parking spaces (carports) to be at a distance of between 100 feet and 220 feet from the assigned unit (Code currently requires said covered spaces to be at a distance of 100 feet or less from an assigned unit) in order to increase the amount of landscaping between units and within courtyard areas. Planning Commission recommends approval of the request to amend section 18.70.060.040 of the Anaheim Municipal Code pertaining to The Highlands at Anaheim Hills Specific Plan (SP87-1) Development Area 12 Zoning and Development Standard setting forth the required location of covered parking spaces. A public hearing will be held Tuesday, May 16, 1989 at 6:00 p.m. B6. VARIANCE NO, 3923, CATEGORICALLY EXEMPT, CLASS 11: OWNERS: MAGANBHAI NARANBHAI PATEL AND ASHABEN MAGANBHAI PATEL, 2176 S. Harbor Boulevard, Anaheim, CA 92802 AGENT: WENDY WONG, 2458 Lee Avenue, South E1 Monte, CA 91733 LOCATION: 2176 South Harbor Boulevard (Hacienda Motel) To waive permitted location of freestanding signs to replace an existing freestanding sign. Variance No. 3923 GRANTED by the Planning Commission, PC89-103. B7. VARIANCE NO. 3925, CATEGORICALLY EXEMPT, CLASS 11: OWNER: RONALD B. BEHNKE, TRUSTEE OF THE BEHNKE FAMILY TRUST, 2156 S. Harbor Boulevard, Anaheim, CA 92802 AGENT: JON D. RAILSBACK ESQ., 505 City Parkway West, Suite 1000, Orange, CA 92668-2983 LOCATION; 2156 S, Harbor Boulevard To waive (a) maximum number of freestanding signs, (b) permitted location of freestanding sign, (c) minimum distance between freestanding signs and (d) minimum ground clearance of freestanding signs to retain two freestanding signs. Variance No. 3925 DENIED by the Planning Commission, PC89-104. BS, VARIANCE NO, 3929 AND NEGATIVE DECLARATION: OWNER: DORRY PLOTKIN, 11819 Firestone Boulevard, Norwalk, CA 90650 LOCATION; 300 North Wtlshtre Avenue To waive (a) maximum structural height and (b) minimum structural setback to construct a second story addition to an existing office building. Variance No. 3929 DENIED by the Planning Commission, PC89-105. Approved Negative Declaration. 424 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5;30 P.M. B9, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3140 AND NEGATIVE DECLARATION: OWNER: BROOKHURST SHOPPING CENTER, 2293 West Ball Road, Anaheim, CA 92804 AGENT: PARCO DEVELOPMENT, 2402 Michelson, Suite 200, Irvtne, CA 92715 LOCATION: 2293 West Ball Road To permit an automotive repair service with waiver of minimum number of parking spaces. CUP NO. 3140 GRANTED by the Planning Commission, PG89-106. Waiver of code requirement GRANTED by the Planning Commission. Approved Negative Declaration. Councilwoman Kaywood expressed concern that this was not a good use in that area. There is a parking shortage even now. She feels it requires a public hearing (the matter was not set for a public hearing since there was no second to Councilwoman Kaywood's request to do so). BiO, CONDITIONAL USE PERMIT NO, 3143 AND NEGATIVE DECLARATION: OWNER: SIOUX HONEY ASSOCIATION, 509 Lewis Avenue, Sioux City, Iowa, 51102 AGENT: STURON INTERNATIONAL, INC., 674 N. Batavia Street, Orange, CA 92668 LOCATION: 511 East Katella Avenue To permit a bus terminal. CUP NO. 3143 GRANTED by the Planning Commission, PC89-107. Approved Negative Declaration. Bll, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3145 AND NEGATIVE DECLARATION: OWNER: CARL ELSNER, 2791 Bunting Circle, Costa Mesa, CA 92626 AGENT: GEORGETTA PI AND FRANK SCHIRIG, 7722 Everst Circle, Huntington Beach, CA 92647 LOCATION: 815 South Brookhurst Street To permit a cocktail lounge with waiver of minimum number of parking spaces. CUP NO. 3145 GRANTED by the Planning Commission, PC89-108. 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 Kaywood and Pickler, and public hearing will be scheduled at a later date. REPORT AND RECOMMENDATION: 425 City Hall, Anaheim, California - COUNCIL MINUTES May 2, 1989, 5:30 P,M. B12, ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN: To utilize donated space in the auditorium of St. Michael's Episcopal Church to operate the Women, Children and Infant's Service Program located at 311 West South Street. APPROVED by the Planning Commission. 170/179; ITEMS B13 - B14 FROM THE pLANNING COMMISSION MEETING OF APRIL 24, %989; INFORMATION ONLY - APPEAL PERIOD ENDS MAY 4. 1989: B13, TENTATIVE TRACT NO, 13916 AND NEGATIVE DECLARATION: OWNERS: DURFEE GARDENS LTD, 1700 Ratntree Road, Fullerton, CA 92635 AGENT: RONALD J. CROWLEY, 1700 Raintree Road, Fullerton, CA 92635 LOCATION; 747-755 North East Street To establish a 1-lot, 18 unit-condominium air space subdivision. Tentative Tract No. 13916 APPROVED by the Planning Commission. Approved Negative Declaration. B14, ENVIRONMENTAL IMPACT REPORT NO, 283 (PREV, CERTIFIED), VESTING TENTATIVE TRACT MAP NO, 12994 (REVISION NO, 1) AND SITE PLAN (REVISION NO. 2): OWNER: WOODCREST DEVELOPMENT, ATTN. JAMES HIGHLAND, 17991 Mitchell South,Irvine, CA 92714 AGENT: WESTERN NATIONAL PROPERTIES, ATTN. KEVIN POHLSON, 630 City Drive South Orange, CA 92468 LOCATION: Property consists of area totaling approximately 35 acres, generally located southwesterly of the future intersection of Serrano Avenue and Canyon Creek Road, easterly of The Highlands at Anaheim Hills development, northerly of The Summit of Anaheim Hills development and further described as Development Area 3 of the Sycamore Canyon Specific Plan (SP88-1) project area. Petitioner requests approval of Vesting Tentative Tract Map No. 12994 (Revision No. 1) and Site Plan (Revision No. 2) to establish a 34.77-acre, 2-lot, 450-unit air-space condominium multiple-family attached residential subdivision. (Note: Vesting Tentative Tract Map- No. 12994 and Site Plan (Revision No. 1) were previously-approved to establish a 2-lot, multiple-family residential subdivision in order to develop a 450-unit apartment complex) Vesting Tentative Tract Map No. 12994 (Revision No. 1) and Site Plan (Revision No. 2) APPROVED by the Planning Commission. Linda Rios, Assistant Planner, answered questions posed by Councilwoman Kaywood for purposes of clarification and also confirmed that the project was approved for 450 units. End of the Planning Commission Items. 426 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5:30 P.M. 179; ITEM B15 FROM THE ZONING ADMINISTRATOR MEETING OF APRIl 20, 1989 - DECISION DATE; APRIL 21, 1989 INFORMATION ONLY - APPEAL PERIOD ENDS MAY 6, 1989; B15. CONDITIONAL USE PERMIT NO, 3125 AND NEGATIVE DECLARATION: OWNER: INVESTOR REALTY COMPANY, 500 Newport Center Drive, 4th Floor, Newport Beach, CA 92660 ~/)GATION; 1721 W. Katella Avenue, Unit G To permit on sale beer and wine within an enclosed restaurant. CUP NO. 3125 APPROVED by the Zoning Administrator, Decision No. ZA89-24. B16, AMUSEMENT ARCADE PERMIT NO. 1004: APPLICANT: LINBROOK BOWLING CENTER, 201 South Brookhurst, Anaheim, CA 92804 ~OGATION; 201 South Brookhurst To permit 20 amusement arcade devices. This item is for information and tracking purposes only. It is to be readvertised by the Planning Department. End of the Zoning Administrator Items. MOTION CARRIED. B17, CONDITIONAL USE PERMIT NO, 2871 - EXTENSION OF TIME: REQUESTED BY: IDAJO G. HEPFER, CORNELIA CONNELLY SCHOOL, 2323 W. Broadway, Anaheim, CA 92804 LOCATION; 2323 West Broadway Petitioner requests an extension of time (retroactive to February 17, 1989) to expire on February 17, 1990. Conditional Use Permit No. 2871 is for the expansion of a private educational institution on RS-A-43,000 zoned property. This item was rescheduled to Tuesday, May 9, 1989, at 1:30 p.m., at the request of the applicant. 779; ORDINANCE NO, 5028 - INTRODUCTION: Amending Title 18 to rezone property. under Reclassification No. 88-89-46 at 1944 E. Redwood Avenue from the RS-7200 zone to the CO zone. Councilman Hunter offered Ordinance No. 5028 for introduction. ORDINANCE NO, 5028; AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. 185/142/179/129; ORDINANCE NOS, 5025 THROUGH 5027 - ADOPTION: WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the City Clerk. (Ordinance Nos. 5025 through 5027, both inclusive,) Councilman Hunter moved to waive the reading in full of the ordinances. Councilman Pickler seconded the motion. MOTION CARRIED. 427 City Hall, Anaheim, California COUNCIL MINUTES - May 2, 1989, 5;30 Councilman Daly offered Ordinance Nos. 5025 through 5027, both inclusive, for adoption. Refer to Ordinance Book. ORDINANCE NO. 5025: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (i) APPROVING DEVELOPMENT AGREEMENT NO. 88-05 BY AND BETWEEN THE CITY OF ANAHEIM AND CALIFORNIA DRIVE-IN THEATRES, INC., (it) FINDING THAT THE PROVISIONS OF SAID AGREEMENT ARE CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM, AND (iii) AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. ORDINANCE NO, 5026; AN ORDINANCE OF THE CITY OF ANAHEIM EXEMPTING CERTAIN DEVELOPMENT PROJECTS FROM THE PROVISIONS OF ORDINANCE NOS. 5014, 5015, 5016, 5017, 5018 AND 5019 HERETOFORE ADOPTED BY THE CITY OF ANAHEIM. ORDINANCE NO, 5027: AN ORDINANCE OF THE CITY OF ANAHEIM EXEMPTING CERTAIN DEVELOPMENT PROJECTS FROM THE PROVISIONS OF ORDINANCE NO. 4999 HERETOFORE ADOPTED BY THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter None None The Mayor declared Ordinance No. 5025 through 5027, both inclusive, duly passed and adopted. ITEMS OF PUBLIC INTEREST: Marilyn Tintorer, 851 Dune Street, Anaheim, Ca. 92806. She first relayed a personal story about her teenage daughter's involvement with drugs and eventually finding a long-term residential rehabilitation program called KIDS. Her purpose in approaching the Council is two-fold - to urge control of drugs to reduce the drug epidemic and to inform the Council of this available and affordable long-term residential rehabilitation program to help the families of Anaheim whose children are already on drugs or have other compulsive behavior problems. She then gave information on how she could be contacted to learn more about the program. (Also see Mrs. Tintorer's letter dated April 23, 1989 on file in the City Clerk's Office which explained further the purpose of her presentation as well as additional information on KIDS and who to contact.) 179/155; CONTINUED PUBLIC HEARING - RECLASSIFICATION NO, 88-89-29 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Shih-Yen Chiam, Jui-Wa Chtang and Meng-Be-Lin P.O. BOX 3428, Tustin, CA 92681 AGENT: Paddock & Flair Architects 17780 Fitch, Suite 280, Irvine, CA 92714 428 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5;30 P,M. LOCATION/REQUEST: The property is located at 1126 N. Euclid Street. The request is for a change in zone from RS-A-43,000 to RM-1200 or a less intense zone, to construct a 56-unit apartment complex. PLANNING COMMISSION ACTION: Reclassification No. 88-89-29 was granted by the Planming Commission, under Resolution No. PC89-29; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision was requested by Councilman Pickler and Councilwoman Kaywood at the meeting of February 21, 1989. (This matter was discussed at the meeting of April 4, 1989. Input and testimony was received and subsequently the public hearing was continued to this date - see minutes of April 4, 1989). PUBLIC NOTIGE REQUIREMENTS MET BY: Publication in Anaheim Bulletin March 23, 1989. Posting of property March 23, 1989. Mailing to property owners within 300 feet March 24, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 30, 1989. APPLICANT'S STATEMENT: Wally Courtney, 917 Center Street, agent for Steve Chiang, owner of the property. As stated at the meeting of April 4, 1989, Mr. Chiang wants to build 56 apartment units on the property. He is well aware of the Council and citizen's concern regarding apartment construction in Anaheim. Because of those concerns, he has presented what he feels is a very reasonable project. He is building it to keep it and one which his children will manage for years to come. He is looking for a long-term investment. His building is a very high quality project. The Planning Commission approved the project unanimously because no waivers or variances were requested and because Mr. Chiang is asking for for less than maximum density. He urged Council's approval of the proj oct. Mayor Hunter asked to hear from those present who wished to speak in favor or in opposition; there was no response. COUNCIL ACTION: Mayor Hunter closed the public hearing. COUNCIL CONCERNS: Councilman Daly. He has concerns about the density proposed. The property is presently zoned agricultural. While he respects the quality of the proposal, he feels that because the immediate residential neighbors are RM-4000, that an RM-3000 designation on the subject parcel or a mixed use designation is more appropriate. 429 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5:30 P,M. Annika Santalahtt, Zoning Administrator. She reported for the Mayor that under the newly adopted RM-2400 ordinance, approximately 27 condominiums could be built on the property. Relative to the General Plan study which is currently in process, this property was not one that was considered primarily because there is no single-family residential in the area and because Euclid Street is developed as it is right now. She also recalled at the last meeting the Traffic Engineer was questioned about the potential construction of a raised median on Euclid Street which the Council may wish to consider if the project is approved. Councilman Pickler. He is concerned that the proposal is near a designated critical intersection. Development on Euclid Street is all commercial. He does not feel residential is appropriate. It will be adding too much to an area already inundated. A mixed use on the property may be more appropriate. He does not feel an apartment complex fits that piece of property. William Courtney. Mr. Chiang did not feel commercial was appropriate. At the present time, there are many commercial vacancies along either side of Euclid. Relative to building a condominium project, two things negate that consideration. Mr. Chtang is interested in building a high quality apartment project to hold as an investment, not to sell off to individuals. Secondly, the individuals who would buy these properties make up only 20% of the population of Orange County whereas 80% are looking for places to rent because they cannot afford to buy. Also, with regard to on-site management, any apartment complex in California over 16 units requires on-site management and Mr. Chiang expects to uphold that. Councilman Ehrle. He feels this project is block busting on an otherwise commercial-retail street and that the best use of the land is a retail shopping center, 4 or 5-stories with mixed retail down below. Mayor Hunter. The applicant is proposing a development with no variances or waivers and with less density than what is allowable. The Planning Commission approved the project on a 7/0 vote. Councilwoman Kaywood. She is concerned where apartments are proposed in single-family neighborhoods of 3, 6, 8 or 12 units which disrupts such neighborhoods. With a larger parcel on which a well-planned complex is proposed with on-site management, that is a much better living environment and a better building to begin with. With no waivers, variances and no complaints, she sees this proposal as an appropriate use. 43O City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5;30 P,M. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION; On motion by Councilman Hunter, seconded by Councilwoman Kaywood, 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 th~ environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-162) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Pickler seconded the motion. MOTION CARRIED. Councilman Hunter offered a resolution, approving the reclassification which failed to carry by the following vote: Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood and Hunter Daly, Ehrle and Pickler None Councilman Pickler offered Resolution No. 89R-162 for adoption, denying Reclassification No. 88-89-29, reversing the findings of the City Planning Commission. Refer to Resolution Book. RESOLUTION NO, 89R-162; A RESOLUTION OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle and Pickler Kaywood and Hunter None The Mayor declared Resolution No. 89R-162 duly passed and adopted. 134/179; PUBLIC HEARING - GENERAL PLAN AMENDMENT NO, 252, RECLASSIFICATION NO, 88-89-41, VARIANCE NO. 3909 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: William Yochem and Lorene Yochem 2810 Randy Avenue, Anaheim, CA 92806 AGENT: Mohler Corporation 874 N. Batavia Street, Orange, CA 92668 431 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5;30 P.M. LOCATION/REQUEST: The property is located at 502 South Rio Vista Street. The request is for a change in zone from RS-A-43,000 to RM-1200 or a less intense zone. Petitioner requests amendment to the Land Use Element of the General Plan proposing a redesignatton from the current Low Density Residential designation to the Medium Density Residential designation with waivers of (a) maximum structural height and (b) minimum structural setback to construct an 8-unit apartment building. PLANNING COMMISSION ACTION: The City Planning Commission recommended approval of General Plan Amendment No. 252, under Resolution No. PC89-73; Reclassification No. 88-89-41 was granted by the Planning Commission, under Resolution No. PC89-74; Variance No. 3909 was granted by the Planning Commission, under Resolution No. PG89-75; approved EIR Negative Declaration. HEARING SET ON: A review of the subject by City Council was requested by the Planning Commission, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim BulletinApril 20, 1989. Posting of property April 20, 1989. Mailing to property owners within 300 feet - April 20, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 13, 1989. APPLICANT'S STATEMENT: Bill Uhl, Uhl & Associates Architects. The site is a small parcel of property with an old single-family home on it. It takes access off Rio Vista. To the north is a gasoline service station and an alley that serves additional commercial properties. To the west of the site are RM-1200 apartments. To the south and east are single-family residential properties. They talked to the neighbors surrounding the property who concurred that it is not reasonable to assume this site will stay single-family residential, because it takes access off Rio Vista where the other properties surrounding the site take access off Puritan Place. They addressed the concerns' of the property owners and incorporated mitigating measures into their plans to address those concerns which he explained. If they are granted RM-1200 zoning, the project will be well over all the requirements of that zone. He asked that the Council consider that they took all the neighbors into account and attempted to design a project that was sensitive to the neighborhood. It will be a buffer between single-family and commercial. Mayor Hunter asked if anyone wished to speak either in favor or in opposition; there was no response. COUNCIL ACTION: Mayor Hunter closed the public hearing. 432 City Hall, Anaheim, California COUNCIL MINUTES - May 2, 1989, 5:30 P,M. Councilman Pickler. The area is RS-7200. Apartments will be an intrusion into the area and will affect what they are trying to do in the whole City. Apartments do not belong on this side of the street. Councilman Daly. He asked Mr. Uhl if he could build a multtpl.~ apartment project that would not have the setback and height waivers. Mr. Uhl. They could probably somehow accommodate the front yard by modifying the unit slightly. Relative to the height restriction, the Code provides that if a structure is within 150 feet of single-family residential, it cannot be extended an extra story. It has been some time since anyone could afford to build a 1-story apartment project. They proved to the neighbor that only his roof line could be seen and not his yard. The site is unique. He does not know what anybody could do with it unless they tried the kind of use being proposed. Councilman Ehrle. Apartments are not appropriate on the site. A single-family home would be impractical and not economically viable. He feels a 5-unit condominium under the new RM-2400 zone would be a good alternative and buffer. Mr. Uhl. He is aware of the new ordinance. The have been working on the project since November. The applicant is an apartment builder and not a condominium builder. 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 - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-163 through 89R-165, both inclusive, for adoption) Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-163 for adoption, denying General Plan Amendment No. 252; Resolution No. 89R-164 for adoption, denying Reclassification No. 88-89-41; Resolution No. 89R-165 for adoption, denying Variance No. 3909. Refer to Resolution Book. 433 City Hall, Anaheim, California - COUNCIL MINUTES - May 2. 1989. 5:30 P.M. RESOLUTION NO, 89R-163: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING AN AMENDMENT TO THE GENERAL PLAN DESIGNATED AS AMENDMENT NO. 252. RESOLUTION NO, 89R-164; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN AREA OF THE CITY HEREINAFTER DESCRIBED. RESOLUTION NO, 89R-165; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3909. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter Kaywood None The Mayor declared Resolution Nos. 89R-163 through 89R-165, both inclusive, duly passed and adopted. RECESS: By general consent the Council recessed for ten minutes. (7:50 p.m.) AFTER REGESS: The Mayor called the meeting to order, all Council Members being present. (8:10 p.m.) 179/155; PUBLIC HEARING - VARIANCE NO, 3904 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Arnt G. Quist, Trustee of the Quist Incorporated Retirement Trust 2957 Catalpa Avenue, Newport Beach, CA 92660 AGENT: Frank Kuriakos 12001 Euclid Street, Garden Grove, CA 92640 LOCATION/REQUEST: The property is located at 300 South Anaheim Boulevard. The request is to construct a 2,707 square-foot enclosed restaurant with waiver of minimum number of required parking spaces. PLANNING COMMISSION ACTION: Variance No. 3904 was granted by the Planning Commission, under Resolution No. PC89-78; approved EIR Negative Declaration. HEARING SET ON: A review of the Planning Commission's decision requested by Councilwoman Kaywood and Councilman Ehrle at the meeting of April 4, 1989, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim BulletinApril 20, 1989. Posting of property April 20, 1989. Mailing to property owners within 300 feet - April 21, 1989. 434 City Hall, Anaheim, California - COUNCIL MINUTES May 2, 1989, 5:30 P,M. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 13, 1989. APPLICANT'S STATEMENT: Arnt G. Qutst, Trustee of the Quist Incorporated Retirement Trust. He gave the history of the property including the other projects proposed and subsequently denied. He is in this property for a long duration and wants to build something that he can be proud of and point to in years to come. Because the Salt & Pepper Restaurant has such a fine reputation, he worked out a long-term lease with the restaurant. Because of the restrictive parking requirements for freestanding restaurants in Anaheim, they had to apply for a parking variance. The building was modified and reduced to 2,700 square feet. Seventeen parking spaces per 1,000 square feet gross floor area is required - 29 spaces are being provided which is greater than 10 spaces per 1,000 square feet gross area. It would meet or exceed parking requirements in most adjacent cities to Anaheim. If Anaheim had the same code as all its neighbors, they would not have to appear before the Planning Commission or Council. At the request of City Traffic Engineer, they hired a Traffic Consultant to do an analysis of the parking requirements, the results of which are contained in a parking study submitted under letter of January 12, 1989 just handed to the Council (see letter and study by Justin F. Farmer, Transportation Engineers Inc., 207 South Brea Boulevard, Brea, Ca. 92621 - made a part of the record), which Mr. Quist briefed for the Council. The conclusion was that the 29 parking spaces to be provided are adequate. The Traffic Engineer recommended that they decrease their tables from 19 to 15 and after six months, the situation could be reviewed to determine if the number should be increased to 19. They are asking the Council to uphold the decision of the Planning Commission. The project is supported by many businesses and residents including the Executive Director of the Chamber of Commerce. He then submitted a petition from Mrs. Televik, whom he bought the property from. She carried the petition which contains 35 signatures of people who live in the immediate area. It is a clear indication of the support in the area and another petition given to him with 12 signatures of people who own businesses in the area who are in favor (made a part of the record). Bill Reed, architect and designer of the project. There will be a lot of walk-tn clientele to the site. There is an alley to the rear and a street on two sides. With some assistance from the City Traffic Engineer, they designed the entry drive on Broadway. They feel the building has taken the best advantage of that particular piece of property. 435 City Hall, Anaheim, California - COUNCIL MINUTES May 2, 1989, 5;30 P,M, PUBLIC DISCUSSION- IN FAVOR: Dave Robertson, Manager, Salt & Pepper Restaurant, located in Orange on the corner of Katella and Glassell. That facility is 3,000 square feet and it has 30 parking spaces. It is a high volume family restaurant. The operation would be an asset to Anaheim. He is going to be a partner in the subject business. Keith Olesen, 321 North Philadelphia, representing Anaheim Neighborhood Association (ANA). They would like to see a restaurant downtown if it can meet all the City's requirements. They had serious problems with the architecture which they discussed with the architects who stated they would be willing to talk to other designers and architects to make the building more of a showcase for Anaheim. They support the restaurant as a land use and the willingness of the developer to work with the neighborhood and business community who would like to see something built there. Paulette Porter, the present Manager of the Salt & Pepper Restaurant (Orangethorpe & Brookhurst). She volunteered to walk the petitions which will be presented to the Council. She went to the residents of Anaheim and was overwhelmed by the majority of the people who are in favor of building a family restaurant. She is representing the people of Anaheim and the community. She also went to residences in Garden Grove and Fullerton. Connie Rttter. She was with Salt & Pepper for about 9 years. It is a proud organization to be associated with. Not only the reputation of the restaurant that Mr. Kuriakos has established with employees, but also with the surrounding communities of the three restaurants in Orange, Garden Grove and Fullerton, and hopefully Anaheim. Mr. Kurtakos has also been supportive and active in community activities. Bill Erickson, 301 East North Street. Ne has been trying for years to bring a restaurant to downtown Anaheim. The Council now has an opportunity to have an established restaurant located in the City by approving this request. The restaurant will serve breakfast, lunch and dinner, serves no alcoholic beverages, has 29 parking spaces and will have 15 tables serving 60 customers with a 6-month review to add extra tables. He urged approval of the request. Marilyn Hauk, representing the Anaheim Municipal Employees Association, located at 200 South Anaheim Boulevard (Civic Center Building). She is speaking for the employees of the building who are in support of having a restaurant built in the area. With a 436 City Hall, Anaheim, California - COUNCIL MINUTES - May 2. 1989. 5:30 P.M. one-hour lunch, other than fast-foods, there are no restaurants in the immediate area to sit down and eat. Fredna Jackson, 431 South West Street, 30-year resident of Anaheim. She canvassed the local business area up to South Street and there was a 99% positive response. She also canvassed the downtown Towne Center and there were no negatives at all. Many people along Anaheim Boulevard are familiar with the Salt & Pepper operation. They also like the availability.of walk-in rather than having to drive outside the area. She has worked to maintain her own neighborhood and has supported downtown Anaheim, keeping her business with local merchants. She then submitted the petitions on which she gathered approximately 110 signatures (made a part of the record). George Vardoulis, 1621 South Betts Place. He is in favor of the restaurant. It will be a tremendous asset to what has already been built. PUBLIC DISCUSSION- IN OPPOSITION: Gary Field, Hilgenfeld Mortuary, 120 East Broadway, adjacent property owner. They have been providing adequate parking to their location over the many years they have been on their property. Land has been purchased over the years in and around the mortuary site to keep up with the need. If the subject request is approved, he does not consider the parking waiver equal protection under the law as required by the U.S. Constitution. Parking waivers are becoming more of a rule rather than an exception. The variance is an extreme one or 37%. Lack of parking is what killed downtown Anaheim years ago. Their main reason for concern is that Hilgenfeld Mortuary does not want overflow parking from the restaurant to take over their parking lot. There is a parking problem now from the Celebrity Theatre and the Wedding Chapel. The driveway access to the proposed project is limited. It has only 1-1/2 entry ways - ingress and egress off Broadway and an entry way off the alley. Incoming traffic into the alley and backing out into the alley will cause severe traffic congestion and potential accidents in the alley. Fuddruckers is now closed and he wonders if the downtown area can support a restaurant. A small, low overhead, sandwich shop for walk-up business would serve the needs of the community and provide a place for lunch. Ronald Bevins, attorney. He is representing his mother who owns the property immediately adjacent to the subject property to the south at 336 South Anaheim Boulevard. The issue is not a restaurant or how nice it looks but the substantial variance in parking (46 required, 29 proposed) and the traffic and ingress and egress problems that 437 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5;30 P,M, will be created. A good development will give much more than is required by Code. Through the years, Hilgenfeld has been buying up lots to accommodate parking. It is unfair for them to have done so while at the same time waiving parking for adjacent property owners. Parking problems already exist as evidenced by overflow parking from the Celebrity Theatre in the Hilgenfeld lot when there is a show. At the Planning Commission, the owner of the Covered Wagon to the south reported his lot is also full. The parking problem should not be compounded. He also feels six of the proposed parking spaces are unusable and dangerous. He explained why. Between 4 p.m. and 6 p.m., the traffic on Anaheim Boulevard is backed up past the Covered Wagon and all the way across Santa Aha Street. He visited all of the Salt & Pepper restaurants and was surprised at the heavy use and the many people who patronize those restaurants. However, if there is an overflow of parking in those restaurants, the parcels are big enough to accommodate the vehicles or they can be accommodated on two of the sites by parking stalls which are part of the shopping center property in which they are located. He emphasized the issue is a parking variance and the parcel does not support the building that is proposed. He urged denial of the request. Joe White, 809 West Broadway. This is the fifth hearing on the same piece of property. Mr. Quist knew what he could put on the property when he bought it. The proposed restaurant is too big for this parcel. The other Salt & Pepper restaurants have adequate parking and a good way to get in and out. The subject corner is one of the worst for a restaurant. She does not believe that there will be a great deal of walk-in business. If the Council changes the rules for this project, they should do so for everybody. SUMMATION BY APPLICANT: Bill Reed. He rebutted comments made by Mr. Field (Hil§enfeld). Their lot has a chain across the driveway which will preclude parking on it. Excess parking from the Celebrity Theatre can be accommodated in the parking structure. There will also be no problem with automobiles parking in the spaces off the alley. Arnt Quist. The parking has been brought up many times. He asked the Council to listen to the City Traffic Engineer. If he feels there is going to be a problem on the alley or on Broadway, that is who they should look to. As far as the 17 spaces they are short, it is his understanding it is an excessive requirement in the City. There is a great deal of community support for the project and the restaurant will be an asset to the ~tty. 438 City Hall, Anaheim, California - COUNCIL MINUTES - May 2. 1989. 5:30 P.M. Mr. Kuriakos, owner of Salt & Pepper Restaurants. He has been in the business for 20 years and is very proud of his restaurants. He would not come before the Council to argue the point if he did not strongly believe that he has more parking spaces than what he needs and that is why he hired a professional. Thirty to forty percent of his business will be from people who will walk to the restaurant. He is asking for approval of 15 tables at this time and after six months he would like to come back and obtain approval for 19 tables after which it is proven that traffic will not be an issue. He then submitted petitions with over 500 signatures and also a letter from one the neighbors, most of which were from the Garden Grove restaurant (made a part of the record). COUNCIL ACTION: Mayor Hunter closed the public hearing. Mayor Hunter. He believes this is a good project for the downtown area where there is a need for a family restaurant. He has been working in the area 10 to 12 hours a day just a block down Broadway. He would walk to the restaurant and he has asked people working in City Hall if they would favor a Salt & Pepper Restaurant in that location and the overwhelming answer was yes. Everybody in downtown gets into their automobiles and drives to other cities such as Fullerton for lunch. There will not be any restaurants built in Anaheim if they continue to deny them. Approximately 450 units will be built in the downtown area in approximately 14 months. He is also aware of the traffic problems but it is only at certain times. There needs to be more action in downtown Anaheim to revitalize the City. There is traffic anywhere in Southern California from 4 p.m. to 7 p.m. A quality restaurant is being proposed and it is something that is needed and which people will patronize. Anaheim cannot continue to remain an old style 1950's community. He is going to vote in favor of the project. Councilman Pickler. Anaheim does not have needed £amtly restaurants. He does not feel it will create a problem. It will be analyzed in six months. Downtown needs something and right away. It is not perfect but something that can be part of the community and something the City can be proud of. It is a good location and it will be a plus for the downtown area. Councilwoman Kaywood. The question is not how good Salt & Pepper Restaurants are. The problem is a parking shortage in a small lot with difficult access. She then posed questions to the City Traffic Engineer relative to the parking spaces off the alley. 439 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5~30 P.M. Councilman Daly. No one wants another restaurant in downtown more than he does but this would be the wrong building on the wrong site. There are plenty of other locations in downtown for a restaurant. There are buildings zoned for restaurant use right now with ample parking. This would not be good planning. The design is not appropriate for the gateway to the City's downtown area. He will be voting against the proposal. Councilman Ehrle. The issue is not whether or not Anaheim needs another restaurant because the answer is yes. The question is one of good planning and what is good for the City and the community. He does not believe this is the right location for a Salt & Pepper Restaurant, but they do need that restaurant. He feels it should be master-planned into the community along with another restaurant or two. Restaurants need to be concentrated. It is needed but it needs to be a good sized Salt & Pepper, not one that will only accommodate 15 tables. Ingress and egress will also be a problem as well as parking. To approve this restaurant with the requested parking waiver would be wrong. Paul Singer, Traffic Engineer. Answering Councilman Pickler, he stated that he felt uncomfortable with the initial 19 tables that were proposed and made a recommendation that the request be decreased from 19 to 15 tables. Under the proposal, only 15 are allowed and the applicant would have to come back to the Council if there were to be any changes. He does not feel comfortable with 19 tables. 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-166) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered a resolution to approve Variance No. 3904, upholding the findings of the City Planning Commission, which failed to carry by the following vote: Roll Call Vote: 440 City Hall, Anaheim, California - COUNCIL MINUTES - May 2. 1989. 5:30 P.M. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Pickler and Hunter Daly, Ehrle and Kaywood None Councilwoman Kaywood offered Resolution No. 89R-166 for adoption, denying Variance No. 3904. Refer to Resolution Book. RESOLUTION NO, 89R-166: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3904. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Ehrle and Kaywood Pickler and Hunter None The Mayor declared Resolution No. 89R-166 duly passed and adopted. 179/155: PUBLIC HEARING - WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3126 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Leonard N. Gilliland Jr., and Laureen A. Gilliland, William C. and Cynthia Lynn Taormina 912 N. Anaheim Boulevard, Anaheim, GA 92802 AGENT: David L. Wall P.O. Box 2276, Anaheim, CA 92814 LOCATION/REQUEST: The property is located at 910, 912 and 916 North Anaheim Boulevard. The request is to construct a 3,300 square-foot building for automotive repair with waiver of minimum number of parking spaces. PLANNING COMMISSION ACTION: Conditional Use Permit No. 3126 was granted by the Planning Commission, under Resolution No. PC89-80; Waiver of Code Requirement was granted by the Planning Commission; approved EIR Negative Declaration. HEARING SET ON: A letter of appeal was submitted by the owner, Leonard Gilliland, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim BulletinApril 20, 1989. Posting of property April 20, 1989. Hailing to property owners within 300 feet - April 21, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 13, 1989. 441 City Hall, Anaheim, California COUNCIL MINUTES - May 2, 1989, 5;30 P,M. APPLICANT'S STATEMENT: Leonard N. Gilliland Jr. He owns and operates Anaheim Brake &Wheel. A conditional use permit was granted to build the building which is involved in the street widening of North Anaheim Boulevard. The problem is the widening will cut off his office and his tenants office but they designed around that. On the smaller of the two buildings, he is requested to provide a 30-inch wide additional setback for landscaping which disrupts his plan because he wants both buildings to look the same on the street frontage. He has a setback now with landscaping and all it does is collect litter. He would like to eliminate the setback requirement on the one building. His building would be like the building next to him where there is no landscaping and it was remodeled only three months ago. PUBLIC DISCUSSION- IN OPPOSITION: Estelle Viljar. Her father owns the apartments at 846 North Zeyn. The congestion that exists between North Street and La Palma on Anaheim Boulevard in the subject area is sad. American Marine virtually blocks off La Verne Street in order to unload boats which contributes to the congestion. The asphalt on La Verne and parts of Anaheim Boulevard is almost non-existent due to the heavy trucks that go up and down the street. Based on those reasons, she asked the Council to deny the request. PUBLIC DISCUSSION- IN FAVOR: None. SUMMATION BY APPLICANT: Leonard Gilliland. He has 5,000 square feet of building on a 10,000 square foot lot. By doing this project, he has purchased another 5,000 square feet of property but is coming up with the same amount of building. He is improving the situation by his project. He has- six parking spaces and is increasing that to 21. COUNCIL ACTION: Mayor Hunter closed the public hearing. Annika Santalahti, Zoning Administrator. The zoning is CG which has no landscape requirements but that two-thirds of the property be open for parking or non-building. The Planning Commission, in approving the use permit, wanted him to make modifications. She confirmed that the appeal has nothing to do with the parking. Councilman Daly. The Planning Commission requested that the applicant install a small strip of landscaping along the northern gateway to the 442 City Hall, Anaheim, California - COUNCIL MINUTES - May 2. 1989. 5:30 P.M. downtown area and now the applicant is requesting a waiver of that requirement. Leonard Gilliland. Both buildings are up close to the property line. In the center is a 50-foot strip and there is a 3-foot by an approximately 18-foot long strip of landscaping with a sign. Between the buildings they wanted it irrigated, landscaped and kept up at all times and he has agreed to that. That is why he did not understand why the Planning Commission wanted landscaping on one side and not the other. Annika Santalahtt, Zoning Administrator. She reiterated that CG zoning does not require landscaping. Relative to the widening, if there is a one-to-one replacement of a removed building without causing a parking problem, they have been allowed to install the additional square footage taken by the widening. In this instance they are putting in a bit more square footage than they are losing. There is no landscaping requirement. The Planning Commission's condition is one that they applied to the conditional use permit. It is not a zoning requirement. 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-167) 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-167 for adoption, granting Conditional Use Permit No. 3126, upholding the findings of the City Planning Commission conditions but eliminating the landscaping requirements as provided under Condition No. 14. Refer to Resolution Book. RESOLUTION NO, 89R-167; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3126. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter Daly None 443 City Hall, Anaheim. California - COUNCIL MINUTES - May 2, 1989, 5;30 The Mayor declared Resolution No. 89R-167 duly passed and adopted. 179/155; pUBLIC ~EARING - AMENDMENT TO CONDITIONAL USE PERMIT NO. 2997 AND NEGATIVE DECLARATION: APPLICANT: OWNERS: Ramesh M. Patel and Manjula R. Patel 8218 Orange Street, Downey, CA 90242 AGENT: Don Kimmel 747 S. Brea Boulevard, Suite 33, Brea, GA 92621 LOCATION/REQUEST: The property is located at 328 North Stanton Avenue. The request is to consider revision to an existing Conditional Use Permit approved for 55 units. Applicant requests approval of revised plans for 60 units. PLANNING COMMISSION ACTION: Conditional Use Permit No. 2997 was granted by the Planning Commission, under Resolution No. PC89-99; approved EIR Negative Declaration. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin April 20, 1989. Posting of property April 20, 1989. Mailing to property owners within 300 feet - April 21, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated March 27, 1989. APPLICANT'S STATEMENT: Ramesh M. Patel, 8218 Orange Street, Downey, CA 90242. He is the owner and is asking to expand his motel by 5 rooms to 60 units. Annika Santalahti, Zoning Administrator. The applicant is deleting the 9 previously proposed kitchenette units. He is also modifying one or two other areas and is requesting an increase of 5 additional guest unit spaces, which will be converted from a storage area. The parking ratio is still maintained to Code because the kitchen units require twice as much space as non-kitchen units. PUBLIC DISCUSSION- IN FAVOR: None. PUBLIC DISCUSSION- IN OPPOSITION: None. COUNCIL ACTION: Mayor Hunter closed the public hearing. 444 City Hall, Anaheim, California - COUNCIL MINUTES - May 2, 1989, 5;30 P.M. ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Ehrle, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-168) 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-168 for adoption, granting Conditional Use Permit No. 2997, upholding the findings of the City Planning Commission conditions and allowing 60 units. Refer to Resolution Book. RESOLUTION NO, 89R-168; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2997 AND AMENDING RESOLUTION NO. 88R-209. 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-168 duly passed and adopted. ~14; CANCELTATION OF JULY 11, 1989 COUNCIL MEETING: City Clerk Sohl reminded the Council that Tuesday, July 11, 1989 is the day the National Major League All-Star Baseball Game is to be played at Anaheim Stadium and activities are also scheduled before and after the game. Mayor Hunter. Since the All-Star game is an event of national significance, he does not feel that a Council meeting should be held on that day. It was determined by a general Council consensus that the Council meeting scheduled for Tuesday, July 11, 1989 be cancelled. ADJOURNMENT: Councilman Hunter moved to adjourn. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (9:47 p.m.) LEONORA N. SOHL, CITY CLERK 445