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1989/12/12City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Daly, Pickler, Kaywood, Hunter ABSENT: COUNCIL MEMBERS: Ehrle PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl TRAFFIC ENGINEER: Paul Singer ZONING ADMINISTRATOR: Annika Santalahti CITY ENGINEER: Gary Johnson PLANNING DIVISION MANAGER: Mary McCloskey ASSISTANT PLANNER: Jonathan Borrego A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 4:00 p.m. on December 8, 1989 at the Civic Center kiosk, containing all items as shown herein. Mayor Hunter called the meeting to order at 5:50 p.m. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session to consider the following items: mo 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. To meet with and give directions to its authorized representative regarding labor relations matters - Government Code Section 54957.6. To consider and take possible action upon personnel matters - Government Code Section 54957. To confer with its attorney regarding potential litigation pursuant to Government Code Section 54956.9(b)(1). To meet with and give directions to its negotiator regarding possible acquisition of land from the Phoenix Club located at 1566 Douglass Road, Anaheim, California. To consider and take possible action upon 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 indicated any of the matters will not be considered in closed session. AFTER RECESS; Mayor Hunter called the meeting to order, all Council Members being present, with the exception of Councilman Ehrle. 1101 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m INVOCATION: A moment of silence was observed. FLAG SALUTE; Councilman Tom Daly led the assembly in the Pledge of Allegiance to the Flag. PRESENTATION ~ LETTER TO PUBLIC UTILITIES GENERAL MANAGER: Mayor Hunter read a letter sent to Public Utilities General Manager Gordon Hoyt from President George Bush on Mr. Hoyt's forthcoming retirement from the Utilities Department after 25 years of serving the Department as its General Manager. Gordon Hoyt, Public Utilities General Manager. He was pleased with the letter and thanked the Mayor for making the presentation. PRESENTATION BY THE ANAHEIM FIREFIGHTER'S ASSOCIATION: Mayor Hunter recognized representatives of the Anaheim Firefighter's Association and asked them to come forward to make their presentation. Anaheim Firefighter's Association Public Relations Director, Dennis Ivison, accompanied by Renee Garcia, Secretary; Jim Nellesen, Treasurer and Tom Kresal, President, also accompanied by Kathy McCarthy, coordinator of Anaheim Day Care Program, presented a check for $3,560 from the Association to Jacquelyn Terrell, President of the Anaheim Community Foundation, which will benefit the Senior Citizens in Anaheim. He explained that the donation was a percentage of the money earned at the Anaheim Firefighter's Haunted House Annual Halloween Project. Mrs. Terrell thanked the Association for its generous donation which she stated will be put to very good use. DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council and presented to Police Officer Willard A. Lowman on the occasion of his retirement after 27 years of dedicated service to the City and citizens of Anaheim. Mayor Hunter and Council Members extended their best wishes for a happy retirement and sincere appreciation for contributing to the quality of life for Anaheim citizens. DECLARATION OF APPRECIATION: A Declaration of Appreciation was unanimously adopted by the City Council and presented to Police Officer Robert W. Zinglemann on the occasion of his retirement after 25 years of dedicated 6ervice to the City and citizens of Anaheim. Mayor Hunter and Council Members extended their best wishes for a happy retirement and sincere appreciation for contributing to the quality of life for Anaheim citizens. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meeting held November 28, 1989. Councilman Pickler seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,903,175.44 for the week ending December 8, 1989, in accordance with the 1989-90 Budget, were approved. 1102 City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m WAIVER OF READING - RESOLUTIONS/ORDINANCES; The titles of the following resolutions and ordinance were read by the City Manager. (Resolution Nos. 89R-455 and 89R-456 for adoption; and Ordinance No. 5082 for adoption.) Councilman Hunter moved to waive the reading in full of the resolutions and ordinance. Councilman Pickler seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR; On motion by Councilman Hunter, seconded by Councilman Pickler, 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-455 and 89R-456 for adoption; and Ordinance No. 5082 for adoption. 1. 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 Bertha Ramirez, for bodily injury sustained purportedly due to actions of the City on or about March 25, 1989. b. Claim submitted by Jean Peeler for personal injury sustained purportedly due to actions of the City on or about April 18 to October 18, 1989. A2. 105: Receiving and filing minutes of the Community Redevelopment Commission meeting held November 8, 1989. 156: Receiving and filing the Anaheim Police Department Crime and Clearance Analysis for the month of October, 1989. A3. 150: Awarding the contract to the lowest and best responsible bidder, Randle Enterprises, Inc., in the amount of $156,800 for La Palma Park Special Events Area. A4. 175.123: Approving a Settlement Agreement with the Mac Group, Inc., in the amount of $4,200 for expenses incurred following the award of contract and the cancellation of the project - Trash Transfer Site Block Wall Construction Project. A5. 175.123: Approving an agreement with C2 Civil Engineering, Inc., in an amount not to exceed $12,000 for a feasibility study and project report for Carbon Creek Channel, Gilbert Street to Magnolia Avenue, at "Dad" Miller Golf Course, and authorizing the Mayor and City Clerk to execute said agreement. A6. 170/123: Approving the Final Map of Tract No. 10977, Revision 3, and the Subdivision Agreement with Bryant Financial corporation. Said tract is located on the north and southeast sides of Queens Drive, approximately 750' southwest of Hackamore Lane, and is filed in conjunction with Reclassification No. 88-89-12 and Variance No. 3849. 1103 City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m A7. 170.123: Approving the Final Map of Tract No. 13495 and the Subdivision Agreement with Baldwin Building Contractors. Said tract is located on the northwest corner of Flint Ridge Way and Oak Canyon Drive, and is filed in conjunction with the Summit of Anaheim Hills Specific Plan 88-2. AS. 170: Approving the Final Map of Tract No. 12991. The item was withdrawn by staff to be rescheduled at a later date. A9, 146: RESOLUTION NO, 89R-455; DETERMINING THAT THE ORANGE COUNTY FLOOD CONTROL DISTRICT'S IMPROVEMENT OF THE PLACENTIA AND RAYMOND RETARDING BASINS ARE IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF ANAHEIM. Gary Johnson, Director of Public Works/City Engineer first answered questions posed by Councilman Daly, explaining that the intent of the County is to excavate the retarding basin to enhance or expand its capacity and to remove silt that has built up over the years. Councilman Daly. This is a large retarding basin and it was landscaped perhaps 25 Years ago or more. Located at the corner of East St. and La Palma, it is an eyesore. He feels that a facility this large and this important to the County warrants the City asking the County to spend some extra money to improve the looks of that basin. People live on at least two sides of the basin which will be in the City a very long time. He is requesting that Council direct staff to ask the County to spend some funds to improve the landscaping particularly at the aforementioned corner. Gary Johnson. He feels it is a good idea and will ask the County to consider the suggestion by Councilman Daly. Al0. 123: Consenting to the assignment of Shelter Media's transit shelter agreement to Gannett Outdoor Co., Inc., of Southern California. Ail, 176; RESOLUTION NO, 89R-456; DECLARING THE INTENTION TO VACATE CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS, AND SETTING A DATE FOR PUBLIC HEARING TO CONSIDER ABANDONING THE STREETS WITHIN TRACT NO.9524 AND RAMSGATE DRIVE FROM THE SOUTH BOUNDARY OF TRACT NO. 9524 TO VIA ARBOLES STREET IN ORDER TO PROVIDE A PRIVATE GATED COMM13NITY. (88-14A). SUGGESTED PUBLIC HEARING DATE JANUARY 9, 1990. Al2. 160: Accepting the bid of McMahan Desk, Inc., in the amount of $26,607.54 for furniture required for use by Utilities Power Resources Division in the off-site location, in accordance with Bid #4764. Al3. 160: Accepting the iow bid of and approving an agreement with Sylvania Lighting Services Corp., in the amount of $57,619 for lighting maintenance and group relamptng at the Civic Center for a period of three years, commencing January 1, 1990, in accordance with bid #4734. Al4. 160: Accepting the bid of Neeco, Inc., in the amount of $26,976.17 for computer hardware to be used in the Traffic Engineering Management Center, in accordance with bid #4756. 1104 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m Al5. 160: Waiving Council Policy 306 and authorizing the Purchasing Agent to issue a purchase order without competitive bidding to FileNet Corporation, in an amount not to exceed $75,800 for annual maintenance costs for the FileNet Management System at the Police Department. Al6. 160: Waiving Gouncil Policy 306 and accepting the proposal of Omni Telecommunications, in an amount not to exceed $325,000 for the installation of cabling and fiber optic data communications for the new Police 2000 facility, in accordance with bid #4744. Al7. 128: Receiving and filing the Monthly Financial Analysis presented by the Director of Finance for three months ended September 30, 1989. Al8. 123: Approving a first Amendment to the Agreement with Mercer-Meidinger-Hansen to extend the term of the agreement through June 30, 1990, for benefits communication consulting services, and authorizing the Mayor to sign said amendment. Al9. 123: Approving an agreement with North Orange County Community College District and Fullerton College/PDI at a cost not to exceed $14,700 to conduct training classes for City of Anaheim employees during the fiscal year 1989-1990, and authorizing the City Manager to sign said agreement. A20. 123: Approving a fourth Amendment to agreement for Professional Services with Martin Luther Hospital for employee assistance services program (REACH), at an increase of approximately $5,000 for the 1990 plan year, and authorizing the Human Resources Director to sign said amendment. A21. 123: Approving a Group Services agreement with California Psychological Health Plan at an estimated annual cost between $350,000 and $400,000 for mental health and chemical dependency services, and authorizing the Human Resources Director to sign said agreement. A22. 153/123: Approving agreements for the acquisition of labor and services for temporary personnel relief, and authorizing the Human Resources Director to execute said agreements. A23. 123: Approving a Group Services Agreement with Pacificare, coverage effective January 1, 1990, for basic health care services, and authorizing the Human Resources Director to si§n said agreement on behalf of the Gity. A24. 123: Approving an addendum to an agreement with POD, Inc,, for an additional amount of 910,430 for planning services to revise the Recreation Element and the Riding and Hiking Trails Element of the Anaheim General Plan. A25. 150/109: Accepting a grant in the amount of $150,000 from the Health and Human Services Department, for the expansion of Project S.A.Y., the City's anti-gang/drug program. 1105 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m A26. 148/144: Authorizing a letter recommending that the Orange County League of Cities appoint Betty Sanford a voting member to the Senior Citizen Advisory Council - 4th district. A27. 153/152: Approving attendance and travel expenses for the Chairman and Chairman-Elect of the Anaheim Private Industry Council to the 1990 National PIC Chair Forum sponsored by the National Association of Private Industry Councils (NAPIC) to be held in Washington D.C., February 25-27, 1990. A28. 175/123: Approving a First Amendment to Agreement with Bechtel Power Corporation, to increase fees from $35,000 in the original agreement to an amount not to exceed $90,000 for engineering services for water engineering projects, extending said contract to June 30, 1990. A29. 153/152: Authorizing City Employees to voluntarily transfer vacation and sick leave hours in excess of 175 hours from their balances to the account of Mr. Tony Pizano, an employee of the Public Utilities Department. Mayor Hunter. He noted that Mr. Ptzano's three year old son has terminal cancer and employees are donating their vacation and sick time so that Mr. Pizano can be home with his family. This has also been done in other cases and it shows how much employees care and look out for each other. ~30, 000/101/185;,,ORDINANCE NO, 5082 (ADOPTION) ADDING CHAPTER 17.31 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING SHORTFALL DEVELOPMENT FEES IN THE AMOUNT OF $3.65 PER GROSS SQUARE FOOT OF BUILDING AREA FOR ANY NEW CONSTRUCTION WITHIN THE STADIUM AREA (PLATINUM TRIANGLE). (INTRODUCED AT THE MEETING OF NOVEMBER 28, 1989, ITEM A30, REVISIONS PRESENTED AND ORDINANCE OFFERED FOR AMENDED INTRODUCTION AT THE MEETING OF DECEMBER 5, 1989, ITEM A20.) A31. 123/129: Approving an amendment to the Joint Exercise of Powers Agreement creating the Orange County-City Hazardous Material Emergency Response Authority, and selecting one City Council Member to act as Anaheim's representative to the J.P.A. Board, and an alternate representative. The above item was pulled from the consent calendar for further discussion. (See end of consent calendar.) Roll Call vote on Resolution Nos. 89R-455 through 89R-456 and Ordinance No. 5082. AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Pickler, Kaywood and Hunter None Ehrle The Mayor declared Resolution Nos. 89R-455 through 89R-456 and Ordinance No. 5082 duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 1106 City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m A31. 123/129: Amendment to Hazardous Materials Joint exercise of Powers Agreement - SELECTION OF ANAHEIM'S JOINT POWERS AUTHORITY (J,P,A,) VOTING AND ALTERNATE MEMBER: Submitted was report dated December 5, 1989 from Fire Chief Jeff Bowman recommending approval of the subject amendment and requesting the selection of a voting and alternate member to the J.P.A. Councilman Daly moved to schedule the appointment of one City Council Member to act as Anaheim's representative to the J.P.A. Board and an alternate representative at the next regular Council' meeting January 2, 1990. Before further action was taken, Fire Chief Bowman confirmed that continuing the appointments to a future date would not cause a problem. Councilman Hunter seconded the foregoing motion to continue the appointments to January 2, 1990. Councilman Ehrle was absent. MOTION CARRIED. MOTION; Councilman Daly moved to approve the amendment to the Joint Exercise of Powers Agreement creating the Orange County-City Hazardous Material Emergency Response Authority as recommended in memorandum dated December 5, 1989 from Fire Chief Bowman. Councilman Hunter seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. A32. 105: MAGNOLIA SCHOOL DISTRICT REPRESENTATIVE ON ANAHEIM PARKS AND RECREATION COMMISSION; Councilwoman Kaywood moved to ratify the election of Mrs. Esther H. Wallace as Magnolia School District Trustee representative to serve on the Anaheim Parks and Recreation Commission term expiring June 3, 1993 as recommended in letter dated December 4, 1989 from the District Superintendent of Schools. Councilman Pickler seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. A33. 158: ACCEPTING DEEDS AND CONVEYING CERTAIN REAL PROPERTIES: City Attorney White. This item was inadvertently omitted from the printed agenda because there were time lines in connection with the close of escrows. The City would be delaying the flow of paper work if the matter is postponed until the next regular meeting. It would be appropriate for the Council to waive the 72 hour posting provision of the Brown Act in order to act on this item tonight. On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting on Friday, December 8, 1989, at 4:00 p.m.; and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. Councilman Ehrle was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTION; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-457 through 89R-461, both inclusive) Councilman Pickler moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. 1107 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m Councilman Hunter offered Resolution No. 89R-457 for adoption accepting certain deeds and conveying certain real properties or interest therein to the City. Refer to Resolution book. RESOLUTION NO, 89R-457; 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: COUNCIL MEMBERS: Daly, Pickler, Kaywood and Hunter None Ehrle The Mayor declared Resolution No. 89R-457 duly passed and adopted. A34. 153: LETTERS OF UNDERSTANDING WITH EMPLOYEE ORGANIZATIONS TRIAL EMPLOYEE PSYCHOLOGICAL SUBSTANCE ABUSE PROGRAM: Submitted was report dated December 6, 1989 from the Labor Relations Department recommending that the Council waive the 72 hour posting provisions of the Brown Act and subsequently adopt resolutions to approve any Letters of Understanding signed by employee organizations on or before Tuesday, December 12, 1989. City Attorney White. Relative to the proposed agreements, they were not signed at the time that the printed agenda was prepared. It was not known if they would be available for Council consideration today. It would be appropriate for the Council to waive the 72 hour posting provision of the Brown Act in order to act on this item tonight. On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the Anaheim City Council determined that the need to act on the following item arose after the posting of the agenda for this meeting on Friday, December 8, 1989, at 4:00 p.m.;' and consequently waived the Brown Act requirement relative to posting the item on the printed agenda. Councilman Ehrle was absent. MOTION CARRIED. WAIVER OF READING RESOLUTION : The title of the following resolution was read by the City Clerk. (Resolution Nos. 89R-458 through 89R-461, both inclusive) Councilman Pickler moved to waive the reading in full of the resolutions Councilwoman Kaywood seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 89R-458 through 89R-461, both inclusive, for adoption. Refer to Resolution Book. RESOLUTION NO, 89R-458; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE ASSOCIATION AND THE CITY OF ANAHEIM. 1108 City Hall. Anaheim, California COUNCIL MINUTES - December 12, 1989, 5:30 p.m RESOLUTION NO, 89R-459; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47, AND THE CITY OF ANAHEIM. RESOLUTION NO, 89R-460: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION - GENERAL UNIT, AND THE CITY OF ANAHEIM. RESOLUTION NO, 89R-461; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION - CLERICAL UNIT, AND THE CITY OF ANAHEIM. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Pickler, Kaywood and Hunter None Ehrle The Mayor declared Resolution Nos. 89R-458 through 89R-461, both inclusive, duly passed and adopted . 179: STEMS BI - Bll FROM THE PLANNING COMMISSION MEETING OF NOVEMBER 20, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 12, 1989: BI. VARIANCE NO, 4006 AND NEGATIVE DECLARATION; OWNERS: THE BALDWIN BUILDING COMPANY Attention: David Graf 16811 Hale Avenue Irvine, California 92714 LOCATION; Subject 591-acre property (The Summit of Anaheim Hills Specific Plan SP88-2) is located approximately 1,1 miles southeast of the Weir Can;yon Road/Riverside Freeway intersection and is bounded on the north by the Sycamore Canyon Specific Plan development, on the west by Th, Highlands at Anaheim Hills Specific Plan, and on the south and east by unincorporated Irvine Company property within the County of Orange, Petitioner requests waiver of required site screening in order to retain a 7-foot high wall with 7-foot, 9-inch pilasters at a minimum 7 foot setback from Serrano Avenue; and to construct 7-foot high walls with 7-foot, 9-inch pilasters at minimum 7 - 14 foot setbacks from Weir Canyon road and Oak Canyon Drive. Councilwoman Kaywood. She noted a problem with the wording which stated a 7-foot high wall with 7-foot, 9-inch high pilasters which could be interpreted to mean 14 feet 9 inch high pilasters. The wording is correct in the Staff Report but not in the Planning Commission Resolution. Annika Santalahti, Zoning Administrator. She will see to it that the Resolution is corrected to eliminate any misunderstanding relative to the height of the pilasters. 1109 City Hall. Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m City Manager Simpson. He believes that clarification needs to be made that the pilasters shall not exceed 7 feet 9 inches, or that they are not to be more than 9 inches higher than the wall. Variance No. 4006 GRANTED by the Planning Commission, PC89-274. Approved Negative Declaration. B2. RECLASSIFICATION NO, 89-90-24, WAIVER OF CODE REQUIREMENT, CONDITIONAl, USE PERMIT NO. 3210 AND NEGATIVE DECLARATION; OWNER: CLARENCE W. MAUERHAN, TRUST Attention: William Mauerhan 210 Narcissus Corona Del Mar, California 92625 AGENT: J. WARD DAWSON, AIA 24532 Leafwood Drive Murrieta, California 92362 LOCATION~ 1176 W, Katella Avenue (Space Age Lodge) For a change in zone from RM-1200 to CR for southerly portion of property, and to permit a 169-unit, four-story, 50-foot high, .94,180 square-foot motel with waiver of minimum number of parking spaces on entire property. Councilwoman Kaywood. Councilwoman Kaywood had questions relating to limitation of occupancy with all suite motels; City Attorney White. Under the Zoning Ordinance, if zoned as a motel, the proprietor is not allowed to rent rooms longer than for seven day occupancy. However, rooms can be rented for an unlimited number of consecutive seven day periods. For the first 30 days, in any event, the Transient Occupancy Tax has to be paid. If zoned as a motel in a motel zone, the Transient Occupancy Tax will have to be paid for an indefinite period of time. There is no 30 day cutoff. Reclassification No. 89-90-24 GRANTED by the Planning Commission, PC89-275. Conditional Use Permit No. 3210 GRANTED by the Planning Commission, PC89-276, including requirement for installation of bus bays and modification to Condition No. 1, relating to sewers that other connection maybe provided, as approved by the City Engineer. Waiver of minimum number of parking spaces GRANTED by Planning commission. Approved Negative Declaration. B3. ENVIRONMENTAL IMPACT REPORT NO, 294, RECLASSIFICATION NO, 89-90-25, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3217: OWNER: ANAHEIM HOTEL COMPLEX, A CALIFORNIA LIMITED PARTNERSHIP 417 West Allen Avenue, Suite 112 San Dtmas, California 91773 AGENT: CONCRETE DYNAMICS, INC. Attention: Chris Boomis 610 West Ash Street, Suite 1200 San Diego, California 92101 LOCATION; Property is approximately 5,1 acres located at the northwest corner of Harbor Boulevard and Orangewood Avenue, 1110 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m For a change in zone from CL to CR and to construct a 156-foot high, 17-story, 750-room hotel with accessory uses and with waivers of (a) required landscaped setback (b) maximum fence height and (c) minimum number of parking spaces. Reclassification No. 89-90-25 GRANTED by the Planning Commission. Waivers of code requirement APPROVED, IN PART, waiver (a) denied by the Planing Commission. Conditional Use Permit No. 3217 GRANTED, IN PART, by the Planning Commission, PC89-278, waivers (a) required landscaped setback denied, (b) maximum fence height granted, and (c) minimum number of parking spaces granted. EIR 294 was certified by the Planning Commission, amending overriding considerations. The decisions of the Planning Commission were appealed by the applicant, Anaheim Hotel complex and, therefore, a public hearing has been set for this date at 6:00 p.m. (Item D4) B4, GENERAL PLAN AMENDMENT NO, 265, RECLASSIFICATION NO, 89-90-06, VARIANCE NO. 3985 AND NEGATIVE DECLARATION; OWNERS: LEMON ASSOCIATES 146 East Orangethorpe Anaheim, California 92801 BRYAN INDUSTRIAL PROPERTIES, INC. 146 East Orangethorpe Avenue Anaheim, California 92801 ORANGE COUNTY INDUSTRIAL BUILDERS 146 East Orangethorpe Avenue Anaheim, California 92801 AGENT: GARNER MANAVIAN CHOW & ASSOCIATES, AIA 500 Silver Spur Road, #111 Palos Verdes Peninsula, California 90274 LOCATION; Subject properties are rectangularly-shaped parcels of land consisting of approximately 4.5, acres and individually described as follows: Parcel A; Located on the east side of Lemon Street approximately 200 feet north of the intersection of Orangethorpe Avenue and Lemon Street; Parcel B: Located at the northeast corner of Lemon Street and Orangethorpe Avenue; Parcel C; Located on the north side of Orangethorpe Avenue approximately 324 feet east of the intersection of 0rangethorpe Avenue and Lemon Street~ Parcel F: Located on the north side of Orangethorpe Avenue approximately 1,024 feet east of the intersection of Orangethorpe Avenue and Lemon Street, For a change in zones from ML to CL. Petitioner requests an amendment to the Land Use Element of the General Plan proposing a redesignation from the existing General Industrial designation to a General Commercial designation for Parcels A, B, C and F; and to establish a CL zoning designation for existing conditionally permitted commercial uses with waivers of minimum number of parking spaces and minimum landscape setback for Parcels B, C and F. General Plan Amendment No. 265 GRANTED by the Planning Commission, PC89-279, Parcels A, B, C & F (Exhibit A). Reclassification No. 89-90-06 GRANTED by the Planning Commission, PC89-280. 1111 , CSty Hall, Anaheim. California - COUNCIL MINUTES - December 12. 1989, 5;30 p.m Variance No. 3985 GRANTED by Se Planning Commission (PC89-281) on Parcels B, C&F. A public hearing, due to General Plan Amendment No. 265, has been scheduled for January 2, 1990, 6:00 p.m. B5, VARIANCE NO, 4002 AND NEGATIVE DECLARATION; OWNER: RAYMOND ASSOCIATES 811 West Seventh Street, #310 Los Angeles, California 90017 AGENT: BOWERS PEREZ ASSOCIATES 811 West Seventh Street, #310 Los Angeles, California 90017 LOCATION; 1525 North Raymond Avenue, Waiver of required lot frontage and minimum dimension of parking spaces to establish a lO-building industrial subdivision. Variance no. 4002 GRANTED by the Planning Commission, PC89-282, deleting the words "and parking" from Condition No. 3, and adding a condition requiring that sign control be a condition of the Covenants, Conditions and Restrictions, and that signage must be in conformance with Code. Negative Declaration approved by Planning Commission. B6,, CONDITIONAL USE PERMIT NO, 2168 AND NEGATIVE DECLARATION; OWNER: CHAN-YONG KIM 117 South Western Avenue Anaheim, California 92804 LOCATION; 117 South Western Avenue Amendment to conditions of approval to delete a condition of approval pertaining to time extension for a previously approved drive-through restaurant. Conditional Use Permit No. 2168 GRANTED by the Planning Commission, PC89-283, approving time extension and deleting Condition No. 3 requiring future time extensions. BT, 134/155; GENERAL PLAN AMENDMENT NO, 270 AND NEGATIVE DECLARATION: OWNER: CITY OF ANAHEIM, PLANNING COMMISSION 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION; Property is approximately 4 acres consisting of those properties located on the west side of Vine Street between North Street to the north and Wilhelmina Street to the south, Also including those 9 properties located on the north side of North Street beginning approximately 193 feet west of the centerline of East Street and extending west approximately 755 feet, A City initiated amendment to the Land Use Element of the General Plan from the Medium Density Residential designation to the Low Density Residential designation. Property is approximately 4 acres consisting of those properties located on the west side of Vine Street between North Street to the north and Wilhelmina Street to the south. Also including those 9 properties located on the north side of North Street beginning approximately 193 feet west of the centerline of East Street and extending west approximately 755 feet. 1112 City Hall, Anaheim, California COUNCIL MINUTES - December 12, 1989, 5:30 p.m General Plan Amendment No. 270, Exhibit A, APPROVED by the Planning Commission, PC89-288. Negative Declaration approved. Set for public hearing, due to General Plan Amendment No. 270, for 3anuary 2, 1990, at 6:00 p.m. BS, 134/179; GENERAL PLAN AMENDMENT NOS, 269 1 AND 2, RECLASSIFICATION NO. 89-90-21 AND NEGATIVE DECLARATION; OWNER: INITIATED BY THE CITY OF ANAHEIM 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION: GPA 269-1 Approximately 4.5 acres generally bounded by Cypress Street to the north, Olive Street to the east, Lincoln Avenue to the south and Claudina Street to the west, LOCATION; GPA 269-2 Approximately 7,8 acres generally bounded by the alley south of Center Street to the north, Atchison Street to the east, Broadway to the south and Olive Street to the west; excepting the easterly 125 feet. RECLASSIFICATION NO, 89-90-21 - Consisting of the two areas described above. GPA Nos, 269-1 AND 2, A city initiated amendment to the Land Use Element of the Anaheim General Plan redesignating the above described areas from the current Medium Density Residential designation to the Low-Medium density Residential designation. Reclassification of properties from the CC, PD-C and RM-1200 Zones to the RS-5000 or a less intense zone and reclassification of properties from the PD-C and RM-1200 Zones to the RM-2400 or a less intense zone. General Plan Amendment No. 269-1 APPROVED EXHIBIT B, by the Planning Commission, as amended to include that portion of study area south of Lincoln Avenue, PC89-289. General PLan Amendment No. 269-2 APPROVED EXHIBIT B, by the Planning Commission, as amended to include that portion of study area south of Lincoln Avenue, PC89-290. Reclassification No. 89-90-21 GRANTED, IN PART, by the Planning Department, deleting properties facing Broadway, east of Melrose, and instructed staff to initiate reclassification of said properties facing Broadway to RM-2400, PC89-291. Negative Declaration approved. The item was set for public hearing, due to General Plan Amendment Nos. 269-1 and 269-2 for January 2, 1990, at 6:00 p.m. Bg, 179; CONDITIONAL USE PERMIT NO, 3151: LOCATION; 414 South Manchester Avenue, Suites 106, 107 and 108, Recommendation to City Council concerning amendment to conditions of approval pertaining to restrictions of fast food uses. The Planning Commission recommended APPROVAL to the City Council for coffee and soft drinks only. 1113 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m BIO. 179: RECLASSIFICATION NO, 88-89-20 AND VARIANCE NO, 3865, REQUEST FOR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL; William Lin (Lin construction Corporation) requests an extension of time for property located at 1949 Ninth Street, to expire November 7, 1990. The request for extension of time was APPROVED by the Planning Commission. Nunc pro tunc Resolution - amending legal description in Resolution No. PC88-309 and PC88-310 was GRANTED by the Planning Commission, PC89-284. Bll, 179; DECK-TYPE HOUSING - PROPOSED ORDINANCE; The City Planning Commission recommended that the City Council adopt the proposed Ordinance concerning deck-type housing. This will be submitted on the January 2, 1990 City Council Agenda. 179: ITEMS B12 - B13 FROM THE ZONING ADMINISTRATOR MEETING OF NOVEMBER 30, 1989 - DECISION DATE; - DECEMBER 7, 1989 - INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 22, 1989, B12, 179; VARIANCE NO, 4005, CATEGORICAL]3 EXEMPT, CLASS 5: OWNER: BALL-LEMON CENTER, INC. Attention: Charles Sedgh 9301 Wilshire Boulevard Beverly Hills, California 90210 LOCATION; 135 West Ball Road. Waiver of minimum number of parking spaces to establish approximately 2000 square feet of fast food uses within an existing commercial retail center. Variance No. 4005 APPROVED by the Zoning Administrator, with added conditions, ZA89-70. A review of the Zoning Administrator's decision was requested by Council Members Pickler and Kaywood, and a public hearing will be scheduled at a later date. B13. 179: VARIANCE NO, 4007, CATEGORICALLy EXEMPT, CLASS 5; OWNER: RON CROWLEY 1700 Raintree Road Fullerton, California 92635 LOCATION; 1500 West Broadway Waiver of maximum structural height to construct a loft in an existing unit of a previously approved condominium complex. Variance No. 4007 APPROVED by the Zoning Administrator, ZA89-71. Councilwoman Kaywood posed questions to Staff expressing her concern that the requested loft might create a fourth bedroom; Annika Santalahti, Zoning Administrator, answered the questions posed, concluding that if a fourth bedroom were added, it would be in violation of the approval, if the approval stands. 1114 City Hall. Anaheim. California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m No action was taken by the Council on this item. The Planning Commission items from the December 4, 1989 meeting will be submitted to the City Council as a supplementary agenda. The appeal period on the following items will expire December 26, 1989. ITEMS B14 - B29 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 4, 1989: INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 26, 1989, B14, 179; ENVIRONMENTAL IMPACT REPORT NO, 289, GENERAL PLAN AMENDMENT NO, 271, RECLASSIFICATION NO. 89-90-22. WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3206, DEVELOPMENT AGREEMENT NO. 83-02 (AMENDED AND RESTATED), DEVELOPMENT AGREEMENT NO. 89-02. OWNERS: SAVI RANCH ASSOCIATES c/o Htllman Properties 450 Newport Center Drive, Suite 304 Newport Beach, California 92660 AGENT: CSF 1717 South State College Boulevard, Suite 100 Anaheim, California 92806 LOCATION: 1001 to 1100 PULLMAN STREET PORTION A: For a change in zone from ML(SC) to CL(SC). PORTION B: For a change in zone from RS-A-43,000(SC) to CL(SC). Request for amendment to the Land Use Element of the General Plan proposing a redesignation from the existing General Industrial and General Open Space designations to a General Commercial designation to permit and govern the construction of a commercial retail center, an automotive repair center, two freestanding restaurants with on-sale and consumption of alcoholic beverages and entertainment, one drive-through restaurant and a theatre with building heights in excess of 35 feet with waivers of minimum number of parking spaces, required site screening and required landscaped setback. Request for amendment and restatement of Development Agreement No. 83-02 between SAVI Ranch Associates and the City of Anaheim; and approval of Development Agreement No. 89-02 between Marketfaire Partners and the City of Anaheim. The Planning Commission recommended adoption of General Plan Amendment No. 271, PG89-292. The Planning Commission GRANTED Reclassification No. 89-90-22, PC89-293. The Planning Commission GRANTED the Waiver of Code Requirement. The Planning Commission GRANTED Conditional Use Permit No. 3206. The Planning Commission GRANTED Development Agreement No. 83-02, PC89-284(a).. NOTE: Appeal period on this Development Agreement expires December 19, 1989. The Planning Commission GRANTED Development Agreement No. 89-02, PC89-319. NOTE: Appeal period on this Development Agreement expires January 2, 1990. The above items were set for public hearing before the City Council, due to General Plan Amendment No. 271, for January 2, 1990, at 6:00 p.m. B15, 179/134: CEQA NEGATIVE DECLARATION (READVERTISED), GENERAL PLAN AMENDMENT NO, 272 (READVERTISED), RECLASSIFICATION NO, 89-90-21 (READVERTISED), WAIVER OF CODE REQUIREMENT (READVERTISED), CONDITIONAL USE 1115 City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m PERMIT NO, 3214 (READVERTISED): OWNER: JAFAR JAHANPANAH 520 North Rexford Drive Beverly Hills, California 90210 AGENT: Ronald J. Crowley 1700 Raintree Road Fullerton, California 92635 LOCATION; 1585 West Katella Avenue. For a change in zone from RS-iO,O00 to RM-'2400. Petitioner requests an amendment to the Land Use Element of the General Plan proposing a redesignation from the existing Commercial Professional designation to the Low-Medium Density Residential designation. To permit a 14-unit, RM-2400 condominium complex with waivers of maximum structural height, minimum building setback, minimum recreational leisure area, and maximum fence height. General Plan Amendment No. 272 DENIED by the Planning Commission, PC89-295. Reclassification No. 89-90-23 DENIED by the Planning Commission, PC89-296. Waiver of Code Requirement DENIED by the Planning Commission. Conditional Use Permit No. 3214 DENIED by the Planning Commission, PC89-297. Negative Declaration APPROVED by the Planning Commission. A review of the Planning Commission's decisions was requested by Council Members Pickler and Ehrle, and a public hearing will be scheduled at a later date. B16. 179: CEOA NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT NO. 273, RECLASSIFICATION NO. 89-90-26, VARIANCE NO. 4004; OWNER: WILLIAM TOKAI{ Attention: Parry Development Company 760 North Euclid Avenue, #103 Anaheim, California 92801 LOCATION: 952 South Anaheim Boulevard For a change in zone from CL to RM-1200 or a less intense zone. Petitioner requests an amendment to the Land Use Element of the General Plan proposing a redesignatton from the existing General Commercial designation to a Medium Density Residential designation (a Low-Medium Density Residential designation will also be considered) to construct an 8-unit, 2-story, apartment building with waivers of maximum structural height, minimum recreational/leisure area, minimum floor area of dwelling unit and maximum lot coverage. General Plan Amendment No. 273 DENIED by the Planning Commission, PC89-298. Reclassi~ication No. ~9-90-26 DENIED by the Planning Commission, PC89-299. Variance No. 4004 DENIED by the Planning Commission, PC89-300. Negative Declaration APPROVED by the Planning Commission. B17, 179; VARIANCE NO, 1564 AND NEGATIVE DECLARATION: OWNER: HUISH FAMILY FUN CENTERS, INC. Attention: Court Hulsh 33208 Paseo Cerveza, Suite C San Juan Capistrano, California 92675 LOCATION; 1041 North Shepard Street To consider revised plans to include construction of a miniature golf course, 1116 City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m maze field and battle tanks and relocation of parking spaces for a previously-approved amusement center. Variance No. 1564 GRANTED by the Planning Commission, PC89-301. Negative Declaration APPROVED by the Planning Commission. A review of the Planning Commission's decision was requested by Council Members. Kaywood and Pickler, and a public hearing will be scheduled at a later date. B18, 179; GENERAL PLAN AMENDMENT NO, 278 AND NEGATIVE DECLARATION: OWNER: NEWPORT FEDERAL Attention: William O. Cottle 5000 Birch Street, Suite 6100 Newport Beach, California 92660 AGENT: City of Anaheim Civic Center, Room 162 P. O. Box 3222 Anaheim, California 92803 LOCATION; Property is approximately 45 acres located southeast of Ball Road and the Route 57-Orange Freeway, west of the Santa Ana River and north of the Southern Pacific Railroad tracks. Request for amendment to the Land Use Element of the General Plan proposing a redestgnation from the existing General Industrial to General commercial. General Plan Amendment No. 278 GRANTED by the Planning Commission, PC89-302. Negative Declaration APPROVED by the Planning Commission. The above items were set for a public hearing before the City Council, due to General Plan Amendment No. 278, for January 9, 1990, at 6:00 p.m. B19, 179; RECLASS'IFICATION NO, 89-90-31 AND NEGATIVE DECLARATION: OWNER: NEWPORT FEDERAL Attention: William O. Cottle 5000 Birch Street, Suite 6100 Newport Beach, California 92660 LOCATION; 1380 Sanderson Avenue For a change in zone from ML to CL. Reclassification No. 89-90-31 GRANTED by the Planning Commission, PC89-303. Negative Declaration APPROVED by the Planning Commission. B20, 179; VARIANCE NO, 4008, CATEGORICALLY EXEMPT, CLASS 3: OWNER: GEROLDINE JEWELL EXECUTOR, ESTATE OF ALFRED STECHERT 6111 East Via Sabia Anaheim, California AGENT: Michael Frazier 18200 Yorba Linda Boulevard, #201 Yorba Ltnda, California 92686 LOCATION; 16111 East Via Sabta Waiver of minimum lot width to establish a 3-lot subdivision. Variance No. 4008 GRANTED by the Planning Commission, PC89-304. 1117 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m The above item was appealed and will be scheduled for a public hearing before the City Council at a later date. B21, 179; CONDITIONAL USE PERMIT NO, 3218 AND NEGATIVE DECLARATION: OWNER: DOMINIC C. ETCHANDY 1241 North Lakeview, Suite H Anaheim, California 92807 LOCATION; 1241 North Lakevtew Avenue, Suite A To permit industrially related retail sales in the ML zone. Conditional Use Permit No. 3218 GRANTED by the Planning Commission, PC89-305. B22, 179; CONDITIONAL USE PERMIT NO, 3221 AND NEGATIVE DECLARATION: OWNER: LD & B CALIFORNIA GENERAL PARTNERSHIP Canyon Plaza Shopping Center Attention: Essex Realty Management Company 18022 Cowan, Suite 202B Irvine, California 92714 AGENT: M. E. Turano 18112 Lantana Street Yorba Linda, California 92688 LOCATION; 5701 East Santa Ana Canyon Road To permit a veterinary clinic. Conditional Use Permit No. 3221 GRANTED by the Planning Commission, PC 89-306. Negative Declaration APPROVED. B23, 179; WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3219 AND NEGATIVE DECLARATION: OWNER: IMPERIAL PROPERTIES 4188 Pullman Avenue Costa Mesa, California 92626 AGENT: Richard Ornstein c/o Coldwell Banker Residential Real Estate 2475 North Tustin Avenue Orange, California 92665 LOCATION; 5753 Santa Aha Canyon Road, Suite "A" To permit a gour~met take-out restaurant with outdoor seating and on-sale beer and wine. Conditional Use Permit No. 3219 GRANTED by the Planning Commission, PC89-307. Wavier of Code requirement GRANTED by the Planning Commission. Negative Declaration APPROVED. A review of the Planning Commission's decision was requested by Council Members Kaywood and Pickler, and a public hearing will be scheduled at a later date. B24, 179; WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 3220 AND NEGATIVE DECLARATIONi OWNER: LARRY R. SMITH 17046 Marina Bay Drive Huntington Beach, California 92649 1118 City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m AGENT: Spongbert, Ktrkland and Associates, Inc. Attention: Gayle Ackerman 11409 Carson Street Lakewood, California 90715 LOCATION; 919-959 South Knott Avenue To permit an expansion of a commercial retail center and a drive-through restaurant with waivers of minimum number of parking spaces, minimum distance between buildings and required site screening. Conditional Use Permit No. 3220 GRANTED by the Planning Commission, PC89-308. Waiver of Code requirement GRANTED. Negative Declaration APPROVED. A review of the Planning Commission's decision was requested by Council Members Kaywood and Pickler, and a public hearing will be scheduled at a later date. B25, 179; GENERAL PLAN AMENDMENT NO. 274-1, 2, 3 AND 4, RECLASSIFICATION NO. 89-90-27 AND NEGATIVE DECLARATION: INITIATED BY: CITY OF ANAHEIM 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION; GPA 274-1; Property is approximately 1,38 acres generally bounded by South Street to the north, Anaheim Boulevard to the east, Valencia Avenue to the south and Lemon Street to the west, excepting the northerly 330 feet and the easterly 160 feet, LOCATION; GPA 274-2; Property is approximately 2,7 acres generally bounded by Valencia Avenue to the north, Anaheim Boulevard to the east, Vermont Avenue to the south and Lemon Street to the west, excepting the easterly 160 feet and the southerly 230 feet, LOCATION; GPA 274-3; Property is approximately 10,7 acres generally bounded by Valencia Avenue to the north, Olive Street to the east, Vermont Avenue to the south and the alley east of Anaheim Boulevard to the west, LOCATION; GPA 274-4: Property is approximately 21.3 acres generally bounded by Vermont Avenue to the north. Olive Street to the east, Clifton Avenue to the south and Anaheim Boulevard to the west, excluding those properties which front on Anaheim Boulevard or Clifton Avenue. Also excluding those 2 parcels of land having a combined frontage of approximately 203 feet on the east side of Philadelphia Street, a maximum depth of approximately 99 feet and located approximately 122 feet south of the centerline of Charlotte Avenue, LOCATION; RECLASSIFICATION NO. 89-90-27: The area generally bounded by Valencia Avenue to the north, Olive Street to the east, Vermont Avenue to the south and the alley west of Philadelphia Street to the west. Also including that parcel of land having a frontage of approximately 50 feet on the east side of Lemon Street, having a maximum depth of approximately 243 feet and located approximately 165 feet north of the centerline of Valencia Avenue. GPA 274-1: A City initiated amendment to the Land Use Element of the General Plan redesignating subject area from the Medium Density Residential designation to the Low-Medium Density Residential designation. GPA 274-2: A City initiated amendment to the Land Use Element of the General 1119 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m Plan redestgnattng subject area from the Medium Density Residential designation to the Low Density Residential designation. GPA 274-3: A City initiated amendment to the Land Use Element of the General Plan redesignating subject area from the' Medium Density Residential designation to the Low-Medium Density Residential designation. GPA 274-4: A Gity initiated amendment to the Land Use Element of the General Plan redestgnattng subject area from the Medium Density Residential designation to the Low Density Residential designation. RECLASSIFICATION NO. 89-90-27: A City initiated reclassification of properties from the RM-1200 (Residential, Multiple-Family) Zone to the RM-2400 (Residential, Multiple-Family) or a less intense zone. GPA No. 274-1 RECOMMENDED APPROVAL by the Planning Commission, PC89-309. GPA No. 274-2 RECOMMENDED APPROVAL, PC89-310. GPA NO. 274-3 RECOMMENDED APPROVAL, PC89-311. GPA NO. 274-4 RECOMMENDED APPROVAL, PG89-312. Reclassification No. 89-90-27 GRANTED, PC89-313. Negative Declaration APPROVED. Set for public hearing before the City Council due to General Plan Amendment No. 274-1, 2, 3, and 4 for January 9, 1990, at 6:00 p.m. B26,, 179; GENERAL PLAN AMENDMENT NO, 275 AND NEGATIVE DECLARATION: INITIATED BY: CITY OF ANAHEIM 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION; Property is approximately 2 acres, consisting of those 9 parcels fronting on the east and west sides of Dwyer Place, Also including 2 parcels beginning on the northeast corner of Pearl Street and Dwyer Place, having combined approximate frontages of 136 feet on the north side of Pearl Street and 90 feet on the east side of Dwyer Street, A City initiated amendment to the Land Use Element of the General Plan redesignating subject area from the Medium Density Residential designation to the Low-Medium Density designation. GPA No. 275 RECOMMENDED APPROVAL by the Planing Commission, PC89-314. Negative Declaration APPROVED. Set for public hearing before the City Council due to General Plan Amendment No. 275 for January 9, 1990, at 6:00 p.m. B27, 179; ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN; Property is located at 280 East Lincoln Avenue (Anaheim Senior Center). APPROVED by Planning Commission. B28. 179; ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN; Property is located at 1800 West Ball Road (West Anaheim Senior Center). APPROVED by Planning Commission. 1120 City Hall. Anaheim. California COUNCIL MINUTES - December 12, 1989, 5:30 p.m B29. 179: ORANGE COUNTY GENERAL SERVICES AGENCY - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN; Property is located at 1601 East Orangewood Avenue, APPROVED by Planning Commission. ITEM B30 FROM THE PLANNING COMMISSION MEETING OF DECEMBER 18, 1989; INFORMATION ONLY - APPEAL PERIOD ENDS DECEMBER 28, 1989 B30, 179; ENVIRONMENTAL IMPACT REPORT NO, 283 (PREVIOUSLY CERTIFIED), SYCAMORE CANYON SPECIFIC PLAN (SP88-1), FINAL SITE PLAN REVIEW FOR PREVIOUSLY-APPROVED RESIDENTIAL SINGLE-FAMILY VESTING TENTATIVE TRACT MAP NO 12992 (REVISION NO, 1) (61 UNITS). APPROVED by Planning Commission. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 267 1, 2 AND 3, RECLASSIFICATION NO, 89-90-20 AND NEGATIVE DECLARATION; REQUESTOR: Initiated by the City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION/REQUEST: GPA 267-1 - Approximately 3.6 acres generally bounded by Cypress Street to the north, Resh Street to the east, the alley north of Lincoln Avenue to the south and Citron Street to the west; including those four properties on the southeast corner of Chartres Street and Resh Street, having combined approximate frontages of 125 feet on the south side of Chartres Street and 176 feet on the east side of Resh Street. GPA 267-2 - Approximately 2.8 acres consisting of those 18 properties located on the north and south sides of Chestnut Street, beginning approximately 165 feet west of the center line of Harbor Boulevard and extending west approximately 420 feet to the westerly terminus of said street. GPA 267-3 - Approximately 5.1 acres generally bounded by Cypress Street to the north, Clementine Street to the east, Chartres Street to the south and the alley east of Harbor Boulevard to the west. Reclassification No. 89-90-20 - Consisting of the three areas described above (excepting those six properties beginning at the southeast corner of Cypress Street and Citron Street extending south approximately 282 feet) Reclassification of properties from the RM-1200 and RM-2400 Zone~ to th~ RS-5000 or a less intense zone. Reclassification of properties from the RM-1200 Zone to the RM-2400 or a less intense zone. Reclassification of properties from the PD-C Zone to the PC-C/RM-2400 or a less intense zone. GPA No. 267-1, 2 and 3. An amendment to the Land Use Element of the Anaheim General Plan redesignating the above described areas from the current Medium Density Residential designation to the Low-Medium Density Residential designation. PLANNING COMMISSION ACTION: GPA No. 267-1, Exhibit A, was approved by the Planning Commission, under Resolution No. PC89-268. GPA No. 267-2, Exhibit A, was approved by the Planning Commission, under Resolution No. PC89-269. GPA No. 267-3, Exhibit A, was approved by the Planning Commission, under 1121 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m Resolution No. PC89-270. Reclassification No. 89-90-20 was granted by the Planning Commission, PC89-271; approved EIR Negative Declaration. HEARING SET ON: Request from the Planning Commission for the City Council to review the foregoing items. Public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 30, 1989. Posting of property December 1, 1989. Mailing to property owners within 300 feet - November 30, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 6, 1989. STAFF PRESENTATION: Jonathan Borrego, Associate Planner, briefed portions of the Staff Report which explained the proposed General Plan Amendment (GPA) along with the background information leading to Staff's recommendation to redesignate the areas included from the existing Medium Density designation to a Low-Medium density residential designation with a corresponding reclassification to bring those properties into conformance zoning wise. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION - IN FAVOR: Joan Marks, 314 North Resh Street. She is in favor of GPA 267-1. There are many cars parked in their neighborhood from Anaheim High School, St. Boniface and St. Catherine's. She would like only single family dwellings in the area. Mr. George Washicoe, 401 North Resh Street and Vic Demora, 318 North Resh Street, both stated they were in favor of the proposed GPA. PUBLIC DISCUSSION - IN OPPOSITION: None COUNCIL ACTION: 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 . Councilman Ehrle was absent. MOTION CARRIED. 1122 City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m WAIVER OF READING - RESOLUTION; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-462 through 89R-465.) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Pickler seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 89R-462 through 89R-465, both inclusive, for adoption approving General Plan Amendment 267-1, Exhibit A, General Plan Amendment 267-2, Exhibit A and General PLan Amendment 267-3, Exhibit A and approving Reclassification No. 89-90-20. Refer to Resolution Book. RESOLUTION NO, 89R-462; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 267-1, EXHIBIT "A." RESOLUTION NO, 89R-463; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 267-2, EXHIBIT "A". RESOLUTION NO. 89R-464: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 267-3, EXHIBIT "A". RESOLUTION NO, 89R-465; 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. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter None Ehrle The Mayor declared Resolution Nos. 89R-462 through 89R-465, both inclusive, duly passed and adopted. 134; PUBLIC HEARING - GENERAL PLAN AMENDMENT NOS, 268-1 AND 2, AND NEGATIVE DECLARATION; REQUESTOR: City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92805 LOCATION/REQUEST; General Plan Amendment No. 268-1: Property consists of approximately 5.6 acres generally bounded by Santa Ana Street to the north, Janss Street to the east, Water Street to the south and the alley west of Resh Street to the west. LOCATION: General Plan Amendment No. 268-2: Property consists of approximately 1.9 acres generally bounded by Santa Aha Street to the north, the alley east of Citron Street to the east, Water Street to the south and 1123 City Hall, Anaheim, California COUNCIL MINUTES - December 12, 1989, 5:30 p.m Citron Street to the west. REQUEST: General Plan Amendment No. 268-1: City initiated amendment to the Land Use Element of the General Plan to consider redesignation from Medium Density Residential to Low-Medium Density Residential. REQUEST: General Plan Amendment No. 268-2: City initiated amendment to the Land Use Element of the General Plan to consider redesignation from Medium Density Residential to Low-Medium Density Residential. PLANNING COMMISSION ACTION: GPA No. 268-1 approved by the Planning Commission, PC89-272; GPA 268-2 approved by the Planning Commission, PC89-273; approved EIR Negative Declaration. HEARING SET ON: Public hearing scheduled before the City Council since an approved General Plan Amendment is involved. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin November 30, 1989. Posting of property December 1, 1989. Mailing to property owners within 300 feet - November 30, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 6, 1989. STAFF PRESENTATION: Jonathan Borrego, Associate Planner. He briefed portions of the Staff Report which explained the proposed GPA. The proposal is to redesignate the areas involved from Medium density residential to Low-Medium density residential (GPA 268-1) and from Medium density residential to Low density residential (GPA 268-2). No reclassification is being proposed since existing zoning in both instances is consistent with the recommendation, with single family along Citron and RM-2400 east of that. Mayor Hunter opened the public hearing. PUBLIC DISCUSSION - IN FAVOR: None PUBLIC DISCUSSION - IN OPPOSITION: None COUNCIL ACTION: Mayor Hunter closed the public hearing. ENVIRONMENTAL IMPACT REPORT NEGATIVE DECLARATION; On motion by 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 1124 City Hall, Anaheim, California COUNCIL MINUTES - December 12, 1989, 5:30 p.m have a significant effect on the environment. Councilman Ehrle was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the City Clerk. (Resolution No. 89R-466 through 89R-467, both inclusive.) Councilwoman Kaywood moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. Councilwoman Kaywood offered Resolution Nos. 89R-466 through 89R-467, both inclusive, for adoption, the first approving General Plan Amendment 268-1, Exhibit A and the second approving General Plan Amendment 268-2, Exhibit A. Refer to Resolution Book. RESOLUTION NO. 89R-466: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 268-1, EXHIBIT "A". RESOLUTION NO, 89R-467; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 268-2, EXHIBIT "A". Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter None Ehrle The Mayor declared Resolution Nos. 89R-466 through 89R-467, both inclusive, duly passed and adopted. 179; PUBLIC HEARING - EXTENSION OF TIME - CONDITIONAL USE PERMIT NO 2963 AND NEGATIVE DECLARATION; AGENT: RODOLFO MONTEJANO The Ross Professional Center 856 North Ross Street, Suite 250 Santa Ana, California 92701 LOCATION/REQUEST: The property is located at 3242 West Lincoln Avenue GAMES PLUS (southeast corner of Lincoln Avenue and Westchester). The request is for an extension of time to Conditional Use Permit No. 2963, which permits on-sale beer in an existing billiard parlor and amusement arcade, with waiver of minimum number of parking spaces on CL zoned property. HEARING SET ON: A public hearing is necessary since the Conditional Use Permit expires January 12, 1990 without an additional extension of time. 1125 City Hall. Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m PUBLIC NOTICE REQUIREMENTS MET BY: Publication in the Anaheim Bulletin November 30, 1989. Posting of property December 1, 1989. Mailing to property owners within 300 feet November 30, 1989. STAFF INPUT: See Staff report dated November 9, 1989 from the Zoning Administrator recommending that the requested Extension of Time be granted. Councilwoman Kaywood. The have had beer and wine at the facility for the last year. As indicated in the report, no Code Enforcement problems have been experienced during the period of extension. She asked if there have been any complaints to the Police Department. Annika Santalahti, Zoning Administrator. There was no concern expressed by Code Enforcement. They did receive a letter yesterday from an attorney representing apartments in the area. Councilwoman Kaywood. To her knowledge, there have been no documented complaints since the last time extension was granted, although there had been opposition in 1986/87. There were problems of criminal activity in the area which were not the fault of Games Plus. There was a different manager and there were problems at the time. Mayor Hunter asked if anyone wished to speak either in favor or in opposition; there being no response, he closed the public hearing. Mayor Hunter noted the letter received from Rodolfo Montejano, attorney representing Pauline Peters, owner of Games Plus, requesting a further extension of the Conditional Use Permit'; Annika Santalahti confirmed that there was no report from the Police Department or anyone else relating to recent complaints on Games Plus. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Hunter, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it ha~ considered th~ n~gative 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 absent. MOTION CARRIED. WAIVER OF READING RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 89R-468.) Councilman Hunter moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. Councilman Ehrle was absent. 1126 City Hall, Anaheim, California COUNCIL MINUTES - December 12, 1989, 5:30 p.m MOTION CARRIED. Councilman Hunter offered Resolution NO. 89R-468 for adoption, granting Conditional Use Permit 2963 with the extension of time to expire on January 12, 1991. Refer to Resolution Book. RESOLUTION NO, 89R-468; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2963 AND AMENDING RESOLUTION NO. 88R--14. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter None Ehrle The Mayor declared Resolution No. 89R-468 duly passed and adopted. 155/179: PUBLIC HEARING ENVIRONMENTAL IMPACT REPORT NO, 294, RECLASSIFICATION NO, 89-90-25, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO, 3217: OWNER: ANAHEIM HOTEL COMPLEX, A CALIFORNIA LIMITED PARTNERSHIP 417 West Allen Avenue, Suite 112 San Dimas, California 91773 AGENT: CONCRETE DYNAMICS, INC. Attention: Chris Boomis 610 West Ash Street, Suite 1200 San Diego, California 92101 LOCATION/REQUEST: The property is approximately 5.1 acres located at the northwest corner of Harbor Boulevard and Orangewood Avenue. The request is for a change in zone from CL to CR and to construct a 156-foot high, 17-story, 750-room hotel with accessory uses and with waivers of (a) required landscaped setback; (b) maximum fence height; (c) minimum number of parking spaces. PLANNING COMMISSION ACTION: Reclassification No. 89-90-25 was GRANTED by the Planning Commission; waivers of Code requirement were APPROVED, IN PART, waiver (a) denied by the Planning Commission. Conditional Use Permit No. 3217 was GRANTED, IN PART, by the Planning Commission (PC89-278), waivers (a)required landscaped setback (denied); (b) maximum fence height (granted); (c) minimum number of parking spaces (granted). HEARING SET ON: A letter of appeal was submitted by the applicant, Anaheim Hotel Complex, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Published in the Anaheim Bulletin November 30, 1989 Posting of property December 1, 1989 Mailing to property owners within 300 feet - November 28, 1989. PLANNING STAFF INPUT: See Staff Report to the Planning commission dated November 20, 1989. 1127 City Hall, Anaheim, California - COUNCIL MINUTES December 12, 1989, 5:30 p.m APPLICANT'S STATEMENT: John Anderson, Planner, Van Dorp, Chou Consulting Engineers, 295 Rampart Street, Orange. They are appealing Condition No. 11 of Planning Commission Resolution PC89-278 which approved Conditional Use Permit No. 3217 which would require the developer to provide for the design and construction of a median island along Harbor Boulevard from Convention Way to Orangewood Avenue as required by the City Engineer. (See sketch submitted showing the proposed median running from Convention Way to Orangewood Avenue on Harbor Boulevard.) This measure would constrain access to the property and the costs were also considerable which did not seem equitable. As noted from the sketch submitted, the median would preclude any northbound vehicles from turning left onto the hotel site. It would require either a left hand turn at Orangewood Avenue, or continuing north, a "U turn" at Convention Way, some 800 feet to the north of their property line. This would impose a special constraint to northbound visitors, especially new arrivals needing to access the hotel for registration purposes or for restaurant patrons. In their opinion, the required median would also constrain other properties along its length including existing and proposed motels/hotels, the Greyhound Bus Depot and the southerly portion of the Fugishige property. With respect to cost equity, the condition requires the developer must provide not only the 390 feet along the hotel site frontage at an estimated cost of $51,000 but also would require continuation of the median at an additional $149,000 cost for a total cost of $200,000. There is no mention made in this condition or any other of reimbursement. The City Traffic Engineer indicated that subsequent development along the median would be subject to conditions including provision for reimbursement to the developer. Only one or two parcels are foreseen to be developing in the future. They are requesting deletion of condition no. 11 or an amendment for the developer to contribute only a fair share portion based on the percentage of frontage on that portion of the west side of Harbor Boulevard. Paul Singer, Traffic Engineer. The condition is vital. The project is a massive hotel and will have significant impact on the adjacent roadway. If the median island is not constructed, innumerable left turns will be caused by the hotel. In no way does this median preclude access at the intersection of Convention Way and Harbor Boulevard for the Fugishige property. That was not a correct statement. The initial comment and response to the EIR states on page 57, "that the developer shall provide for the construction of a median island in Harbor Boulevard from Convention Way to Orangewood Avenue" It came from his office as a result of the impact of 1128 Cftv Hall. Anaheim. California - COUNCIL MINUTES December 12, 1989, 5:30 p.m environmental review dated October 12, 1989. As a consequence, it was made a condition of the development. Harbor Boulevard at this time has a solid median from Katella to the freeway with only one opening at Freedman Way which is signalized and one limited left turn access into the Disneyland employee entrance. The same treatment should continue with a landscaped median for reasons of traffic and traffic safety and the enhancement of the area. If the median is cut off short, there will be mid block left "U" turns. Relative to reimbursement, there is a possibility that additional development will take place. At that time, it should be conditioned upon the adjacent property owner to pay their fair share portion of the median that could be reimbursed to the applicant. Usually they try not to have formal reimbursement agreements because of the considerable bookkeeping problem. Staff will keep this in mind so that when the next development comes in, they will be conditioned to pay for their portion and at that time the applicant may be reimbursed for those funds collected for the median. It would be equitable - it does not necessarily have to be formalized. The major impact on that street will be as a result of the proposed hotel. John Anderson. Two points of clarification - they recognize that Mr. Singer commented on the need for the median but they went on to clarify it was material that came to them after the draft EIR in the form of IDC comments which they included in the EIR. Relative to the Fugishige property, it may preclude or constrain access to the southerly portion but not any access. Relative to condition 9, they're going on a percentage basis for other improvements in that area and if it were found necessary to provide for the median, something more equitable in that fashion could be worked out. Mr. Dan Van Dorp, 295 Rampart Street, Orange. They feel it would be equitable to deduct the added cost of the median island from their fair share of total traffic improvements that they would eventually be paying. Condition 9 raquira~ them to pay a portion of other improvements to other intersections. If the median needs to be built before the property is developed, the cost of that should be deducted from the total amount they would pay including their fair share of the other developments. Paul Singer. There is also another statement that has to be added to the conditions as presently formulated. The EIR refers to the intersection of Chapman Avenue and Harbor Boulevard. The developer is required by the EIR document to mitigate traffic at that intersection by providing dual left turns for north-south traffic and to pay their fair share for 1129 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m the dual left turns for the east-west traffic. That portion was inadvertently left out but is shown in the EIR for the developer to pay his fair share. That condition needs to be amended to include the fair share of the east-west dual left turns (condition 11). Mary McCloskey, Planning Division Manager. That condition was addressed by the Planning Commission but inadvertently left out of the Resolutions the Council received. Mr. Van Dorp. They are aware of that. They are paying the total cost of the north-south left turn lanes and the total cost of the additional widening of Harbor Boulevard and the additional dedication of 12 feet. They feel that they should only have to pay their fair share of the median island. Ail the initial improvements are in. The property was previously developed. The developer paid for the initial improvements. They are upgrading. He clarified he believes their fair share is the portion of the median fronting their property. Councilman Daly. Relative to the reimbursement issue, the developer is going to be paying the full cost of some intersection improvements. He asked if he will be reimbursed for those as well. Mr. Singer answered no. Those are direct impacts by the hotel on those intersections full cost of north-south dual left turn lanes and a percentage of east-west improvements. Kenneth Blye, 2049 Century Park East, Attorney representing the owner of the Anaheim Hotel Complex. After listening to comments of Staff and City Council and now that they understand the policy is reimbursement, they are willing to withdraw the appeal of the condition. Reimbursement is an equitable way of handling the matter. Gregory Hile, P. O. Box 380, Running Springs, Attorney representing Dr. and Mrs. Shah, owners of Captain Quarters Motel directly to the south of the proposed project. He has been present before concerning the subject property. Th~r~ ar~ many items in the record previously with regard to the original zone change, Reclassification 87-88-09, waiver of Code requirements and CUP 2943 originally approved by the Council in October 1987 and amended on September 12, 1989. He incorporates the record of those hearings by reference and also other testimony at the Planning Commission, letters submitted, comments, the draft EIR, etc. They do not feel there is any basis for any special circumstances that would justify a variance, Code waivers or a zone change. There are impacts on Dr. Shah's property and other properties in the area that specifically say the City 1130 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m cannot adopt a Variance or a CUP. He also has concerns with regard to the EIR prepared. Traffic impacts have been enumerated. The traffic study prepared does not match the project description. The project before the Council and discussed in the EIR is for a 750 room hotel and the traffic study also refers to not 750 but a 700 room hotel, rendering the traffic study fatally defective. He urged the Council to deny the project, deny the certification of the EIR and redo the traffic study. In general, traffic assumptions are also faulty aside from the fact 'that there is inaccurate project description. There is also an inadequate discussion of alternatives and Statement of Overriding Considerations. One alternative not considered was dealing with the property as it is now. It is an abandoned supermarket and he suggested it be utilized in that fashion or some other type of shopping center again. Relative to the creation of new jobs and new revenue, no alternatives to the project were considered that would also generate new jobs and new revenue but which would have far less impacts. The impacts from the project are many - traffic, noise, parking, etc. that would have an impact on everyone around the neighborhood and people coming into that area. Dr. J. A. Shah, property owner at 620 West Orangewood, owner, Captains Corners. He first referred to his letter dated December 7, 1989, previously submitted to the Council and made a part of the record, listing his concerns and objections to the project. His main problems are relative to the setback, the number of rooms proposed, parking spaces, traffic impact, parking and noise. It is the only junction that will be "messed up" if the Council does not treat the area properly now. Keith Greis, 713 Lamark, the house directly west of the project. He has lived there for 32 years and the residents are getting boxed in. His concern deals with the tennis courts proposed on top of the parking structure which would cause considerable lighting in the back yards of the residents adjacent to it as well as noise. Having experienced all the other phases of the project, they know there is dust and noise. The residents would hope that noise and dust from the construction of the project will be controlled as much as possible and also the construction working hours. They would also like to know a start date and a completion date. John Anderson. He explained/countered the opposition expressed by Mr. Hile and Dr. Shah. They have received approval of two waivers - one was required parking and the other the 8 foot wall. Their traffic engineer performed a separate study based on 750 rooms and it is in the appendix of the final EIR. Relative to the 8 foot wall, it was not their wish to provide an 8 foot wall but they anticipated that either the Planning Commission or the Council would request it so they did so on that basis. They are requesting no setback waiver. They have 1131 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5:30 p.m also provided an attractive 20 foot landscaped area adjacent to the right of way line. He then explained their process relative to the alternative sites proposed and the rationale for the subject site being determined to be the best for their project. Relative to the setback, he reiterated it is in conformance with City Code, he cannot respond relative to Dr. Shah's concern of too many rooms in Anaheim. The parking study and the City Traffic Engineer confirm that parking is in keeping with professional practice. Relative to the noise, a noise study was done and Mr. Shah's property was singled out to be included in the study. The single consolidated approach was used and it actually reduced the noise on all properties. Relative to Mr. Greis's concern about being boxed in, there is a residential pocket within the Convention Center Super Block. The concern relative to the tennis courts was recognized in the noise study. In addition to the tennis type screening, a 6 foot parapet wall is to be erected on the south and west sides of the parking structure to further mitigate noise. It has been included in the mitigation measures both in the appendix and the study itself. One of the mitigation measures will be hours of operation in terms of the tennis courts. They have also indicated a number of mitigations to reduce noise and dust and the limitation of working hours during the construction period. Kenneth Blye. The only issue before the Council is the CUP. It is up for de novo review. The EIR was not appealed and it is not an issue. City Attorney White. He disagreed. The Council is now the decision maker on the project. Once the underlying discretionary permit is appealed, under CEQA law, the Council has to r~certify the EIR before approving the project. COUNCIL ACTION: Mayor Hunter closed the public hearing Paul Singer, Traffic Engineer. Answering Councilwoman Kaywood he explained that relative to the parking, the waiver is very small and the main reason why it is justified, it is a rather large hotel as opposed to the same type of percentage waiver for a smaller hotel which would have a greater impact. He does not believe they will ever have a problem with parking. The parking is adequate. If there was ever a problem they would have to do something about it because the operation of the hotel would become impractical since there is no other place to park. He reiterated that he did not feel parking was going to be a problem. 1132 City Hall. Anaheim, California - COUNCIL MINUTES December 12, 1989, 5;30 p.m Councilman Daly. This will be the tallest hotel in Anaheim and will be quite a landmark. He wanted to know who was going to operate the hotel, whose name would be on it, whether the hotel designer/architect has done a major hotel before and their track record. John Craddock, Senior Vice 'President of Development, Raddison Hotel Corporation, Division of Carlson Companies, a $6 billion travel conglomerate, the largest in the western hemisphere. The name on the hotel as it stands today will be a Colony Resort. Colony is a sister company which currently, as of last Thursday, operates all of the Raddison Resort hotels in the U.S. It is a fully and wholly owned company by Carlson as is Raddison. It is intended to be the flagship hotel for their corporation for the system in the U.S. They intend to make it one of the finest hotels they have in the U.S. They will be the operators of the hotel and have a signed management contract for 20 years. They are also overseeing all of the design, standards of construction and standards of equipping. The developer currently has four hotels under construction in San Diego. They believe as a corporation the developer is adequately competent by proven track record to develop this type of project successfully. The builder is the same in all cases. There are very few hotels of this size in the United States. The architect has designed a hotel which is approximately half this size and is within a month or two of completion. Outside construction specialists that have reviewed the project say that the construction standards are some of the finest they have ever seen. The basic design is simplistic. Councilman Daly. His concern, because it will be the tallest building in Anaheim and the tallest near Disneyland, and because the city is so committed to their beautification effort in the Disneyland area, that this be an extra attractive building. ENVIRONMENTAL IMPACT REPORT NO, 294 - CERTIFIGATION: Environmental Impact Report No. 294, having been reviewed by City Staff and recommended by the City Planning Commission to be in compliance with City and State guidelines and State of California Environmental Quality Act, the City Council certified Environmental Impact Report No. 294 on motion by Councilman Pickler, seconded by Councilman Hunter as being in compliance with the California Environmental Quality Act and City and State guidelines and adopted a Statement of Overriding Considerations as amended and as recommended by the City Planning Commission. Councilman Ehrle was absent. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS; The titles of the following resolutions were read by the City Clerk. (Resolution Nos. 89R-469 through 89R-470) 1133 City Hall, Anaheim, California - COUNCIL MINUTES - December 12. 1989, 5;30 p.m Councilman Pickler moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. Councilman Pickler offered Resolution No. 89R-469 and 89R-470 for adoption, the first approving Reclassification No. 89-90-25 and the second granting Conditional Use Permit No. 3217. Refer to Resolution Book. RESOLUTION NO, 89R-469; 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 MUNI¢IPAL GODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. RESOLUTION NO, 89R-470; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3217. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter None Ehrle The Mayor declared Resolution Nos. 89R-469 through 89R-470, both inclusive, duly passed and adopted. The meeting of December 12, 1989, will be adjourned to an adjourned regular meeting on December 15, 1989, at 1:30 p.m. to consider the following: 155/179: ENVIRONMENTAL IMPACT REPORT NO, 299, RECLASSIFICATION NO, 89-90-29, WAIVER OF CODE REOUIREMENT, CONDITIONAL USE PERMIT NO, 3224, REQUEST FOR CITY COUNCIL REVIEW; OWNERS: ORANGE COUNTY FLOOD CONTROL DISTRICT PAUL LAWRENCE AND KAREN J. ROOT CLAYTON GRAY AND GRACE AMANDA SCARBROUGH 400 Civic Center Drive West Santa Aha, California 92701 PAUL LAWRENCE AND KAREN J. ROOT 1210 Polaris Drive Newport Beach, California 92660 PHOENIX CLUB GERMAN ASSOCIATION OF ORANGE COUNTY, A CORPORATION 1566 South Douglass Road Anaheim, California 92806 LOCATION/REQUEST; Property is approximately 26 acres located north and east of the northeast corner of Katella Avenue and Douglass Road. Request is for a change in zones from RS-A-43,000, RS-A-43,000(FP), ML and ML(FP) to PR and PR(FP) on the westerly approximately 9 acres. To permit a parking area to be accessory to a multi-purpose sports facility with waiver of maximum fence height on the easterly approximately 17 acres. 1134 City Hall. Anaheim. California - COUNCIL MINUTES - December 12, 1989, 5;30 p.m MOTION Waive reading in full of Resolution. RESOLUTION NO. CEQA FINDING: EIR NO. 299. RESOLUTION NO. RECLASSIFICATION NO. 89-90-29. RESOLUTION NO. CONDITIONAL USE PERMIT NO. 3224. MOTION: Councilman Pickler moved to continue the above referenced public hearing on Environmental Impact Report No. 299, Reclassification No. 89-90-29 and Conditional Use Permit No. 3224 to an adjourned regular meeting to be held on Friday, December 15, 1989 at 1:30 p.m. Councilwoman Kaywood seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. The adjourned regular meeting of December 15, 1989 will be adjourned to an adjourned regular meeting on December 21, 1989 at 1:30 p.m. for the following hearing: 161,123; JOINT PUBLIC HEARING BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND CITY COUNCIL TO CONSIDER; Disposition and Development Agreement - Koll Anaheim Center Associates, in connection with development of parcels bounded by Lincoln Avenue, Clementine Street, Oak Street, Anaheim Boulevard, Broadway and Harbor Boulevard. PROPOSED ACTIONS TO BE TAKEN FOLLOWING PUBLIC HEARING: Approving an Initial Study and making certain environmental findings with respect to the Disposition and Development Agreement with Koll Anaheim Center Associates, a California Limited Partnership, the Option Agreement and Parking Easement Agreement with Pacific Bell, A California Corporation, the Cooperation Agreement with the City, and authorizing the recordation of a Notice of' Determination. Approving the sale of certain real property in the Alpha Redevelopment Project area. Approving conveyances under the Option Agreement and Parking Easement Agreement with Pacific Bell. Approving conveyances and expenditures, the Cooperation Agreement with the Agency and authorizing the execution of said Cooperation Agreement. Resolution of Inducement related to issuance of Certificates of Participation to finance the City's improvements to be built pursuant to the Cooperation Agreement MOTION: Councilwoman Kaywood moved to continue the above referenced joint public hearing on Disposition and Development Agreement with Koll Anaheim Center Associates to an adjourned regular meeting to be held December 21, 1989 at 1135 City Hall, Anaheim, California - COUNCIL MINUTES - December 12, 1989, 5~30 p,m 1:30 p.m. Councilman Pickler seconded the motion. Councilman Ehrle was absent. MOTION CARRIED ITEMS OF PUBLIC INTEREST: Ron Bengoshea. He thanked the Council and City Manager for making it possible for employees to donate vacation/sick time to other employees in need. He is present today on behalf of the Ptzano family and approval by the Council today allowing employees to donate their time to Mr. Pizano so that he can be with his ill son. He expressed heartfelt thanks. ADJOURNMENT; Councilman Hunter moved to adjourn to Friday, December 15, 1989 at 1:30 p.m. for an adjourned regular meeting. Councilman Pickler seconded the motion. Councilman Ehrle was absent. MOTION CARRIED. (7:30 p.m. ) LEONORA N. SOHL, CITY CLERK 1136