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1988/01/2677 Cit~ Hall~ Ar~heim~ California - COUNCIL MINUTES - January 26a 1988a 11:30 A.M. The City Council of the City of Anaheim met in adjourned regular Session (of January 19, 1988). PRESENT: COUNCIL )~{~S: Ehrle, Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White ASSISTANT CITY CLERK: Ann M. Sauvageau A complete copy of the agenda for the meetinE of the Anaheim City Council was posted at 3:00 p.m. on January 22, 1988 at the Civic Center kiosk, containing all items as shown herein. Mayor Bay called the adjourned regular meeting of January 19, 1988 to order at 11:35 a.m. on January 26, 1988. RECESS - CLOSED SESSION: Councilman Bay moved to recess into Closed Session to discuss labor relations matters - Government Code Section 54957.6. Councilman Pickler seconded the motion. MOTION CAP. KIED. AFTER RECESS: The Mayor called the meeting to order, all Council Members bein~ present. (12:00 noon) ADJOURNMENT: Councilman Bay moved to adjourn the adjourned regular meeting of January 19, 1988. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:00 noon) M. ASSISTANT ANN SAUVA~EAU, 60 City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay ABSENT: COUNCIL MEMBERS: None PRESENT: CITY MANAGER: Bob Simpson CITY ATTORNEY: Jack White ASSISTANT CITY CLERK: Ann M. Sauvageau PLANNING DIRECTOR: Joel Fick ZONING ADMINISTRATOR: Annika Santalahti ASSOCIATE PLANNER: Leonard McGhee CODE ENFORCEMENT SUPERVISOR: John Poole TRAFFIC ENGINEER: Paul Singer A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:00 p.m. on January 22, 1988 at the Civic Center kiosk, containing all items as shown herein. REQUEST FOR CLOSED SESSION: City Attorney Jack Whtte requested a Closed Session to consider the following items: a. 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; City of Anaheim vs. O.C.S.C.C. Nos. 40-06-59. b. Labor relations matters - Government Code Section 54957.6. c. Personnel matters - Government Code Section 54957. d. Potential litigation pursuant to Government Code Section 54956.9(b)(1). Councilman Bay moved to recess into Closed Session. Councilwoman Kaywood seconded the motion. MOTION CARRIED. (12:08 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present, and welcomed those in attendance to the Council meeting. (1:52 p.m.) INVOCATION: Father John Lenihan, St. Boniface Church, gave the Invocation. FLAG SALUTE: Mayor Pro Tem Pickler led the assembly in the Pledge of Allegiance to the Flag. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Phil Grammatica for his second year as President of Municipal Data Processing Association of California. 61 City Mall, A~mheim, Californ~m - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City Council and presented to Norman Priest, previous Community Development Director, for his contributions. 119: DECLARATION OF RECOGNITION: A Declaration of Recognition was unanimously adopted by the City uouncil and presented to Bob Agnew, Anaheim Stadium Employee of the Year; Skip Post, Convention Center Employee of the Year; and Dave Verde, Anaheim Hills Golf Course Employee of the Year. 119: ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION: Sharon Erickson, outgoing president of the Anaheim Municipal Employees Association (AMEA), expressed thanks to the City Council Members for their cooperation with her and her association during the past few years. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetin~ held January 5, 1988. Councilman Hunter seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $2,022,399.09, in accordance with the 1987-88 Budget, were approved. WAIVEI{ OF READING - RESOLUTIONS: Tbm titles of the following resolutions were read by the City Manager. (Resolution Nos. 88R-28 through 88R-33, both inclusive) Councilman Pickler moved to waive the reading in full of the resolutions. Councilwoman Kaywood seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilman Pickler, seconded by Councilwoman Kaywood, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilman Pickler offered Resolution Nos. 88R-28 through 88R-33, both inclusive, for adoption. Refer to Resolution Book. 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 Barbara Milavsky for bodily injury sustained purportedly due to actions of the City on or about November 30, 1987. b. Claim submitted by Marvin Markowitz for bodily injury sustained purportedly due to actions of the City on or about July 18, 1987. Claims filed - Recommended to be Accepted: c. Claim submitted by Minnie Crane for property damage sustained purportedly due to actions of the City on or about October 1, 1987. 2. Receiving and filing the following correspondence: (on file) 62 City H~ll, A~heim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. e. 175: Southern California Gas Company - Notice Before the Public Utilities Commission Filing of Application No. 87-12-057 to determine whether gas supply operations were reasonable during the year ending June 30, 1987. b. 178: Metropolitan Water District of Southern California - Notice of Public Hearing on Water Rates for Fiscal Year 1988-89 to be held on February 16, 1988. 3. 175/123: Approving a Pipeline License between the City and the Atchison Topeka and Santa Fe Railway Company to permit an eight inch diameter water main under the railroad connected to the public water system on Anaheim Stadium property. 4. 155/164: Approving a Negative Declaration from requirement to prepare an EIR, in connection with the Walnut Street Storm Drain Improvement, from Goodhue Avenue to Cerritos Avenue. 5. 144: Supporting the County of Orange application for Arterial Highway Financing Program funds for the widening of the Katella Avenue Bridge over the Santa Ana River. 6. 158: Approving Right of Way Certification for Federal Aid Urban Project M-M014: Knott Street, Lincoln Avenue to 350 feet north of Cerritos Avenue; and authorizing Mayor and City Clerk to execute. 7. 160: Authorizing the Purchasing Agent to issue a purchase order to Anaheim Public Improvement Corporation in the amount of $46,329.42 for one automatic watthour meter test board, in accordance with Bid No. {?A-4525. 8. 128: Receiving and filing the Monthly Financial Analysis for four months ended October 31, 1987. 9. 175/123: Waiving Council Policy No. 401, and approving an agreement with Lloyd C. Williams & Associates to perform organizational development services in the Public Utilities Department, for an amount not to exceed $50,000. 10. 170/123: Approving the assignment of interest in the reimbursement agreement dated August 6, 1985 between the City and Kings Meadow (Tract 10975) to Joan L. Lemon. 11. 150: Approving Change Order No. 1 for the Peralta Canyon Recreation Center in the amount of $15,386 increasing the original contract to $141,286. (D.W. Jensen Corporation, Account No. 16-805-7107) 12. 123: Approving "Master Consultant" agreements for Parks, Recreation and Community Services Department capital projects with professional fees of $10,000 or less, with the firms of Anthony and Langford and BSI Consultants, Inc · 13. 123: Approving the second amended Joint Exercise of Powers Agreement for Orange County Job Training Partnership Agency. 63 City Hall, A~mheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. 14. 164: RESOLUTION NO. 88R-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION AND COMPLETION OF A PUBLIC WORK. (Walnut Street Storm Drain Improvement, Goodhue Avenue to Cerritos Avenue. Account No. 25-791-6325-E1560, bids to be opened February 25, 1988, 2:00 p.m.) 15. 167: RESOLUTION NO. 88R-29: ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEPTING TH~ COMPLETION OF A PUBLIC WORK. (SIGN INSTALLATION PROGRAM THROUGHOUT THE CITY-ACCOUNT NO. 01-263-6340) (Safety Striping Service, Inc.) 16. 172: RESOLUTION NO. 88R-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AKAHEIM AWARDING A CONTRACT FOR CERTAIN PUBLIC WORK. (D.W. JENSEN CORPORATION) (Anaheim Traffic Control/Event Communications Center, Account Nos. 01-795-6325-E5430) 17. 104: RESOLUTION NO. 88R-31: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE REPORT OF THE SUPERINTENDENT OF STREETS FOR CERTAIN IMPROVF~TS TO BE MADE BY THE CITY UNDER THE STREET LIGHTING ACT OF 1931, AND DECLARING ITS INTENTION TO MAKE CERTAIN IMPROVEMENTS UNDER THE AUTHORITY OF THE STREET LIGHTING ACT OF 1931, DESCRIBING THE IMPROVEMENTS TO BE MADE, NAMING THE STREETS UPON WHICH THE IMPROVEMENTS ARE TO BE MADE, REFERRING TO THE REPORT OF THE SUPERINTENDENT OF STREETS ON FILE IN THE OFFICE OF THE CITY CLERK, FIXING THE PERIOD OF TIME FOR WHICH THE IMPROVEMENTS ARE TO BE MADE, AND SETTING A TIMEAND PLACE FOR HEARING PROTESTS (February 16, 1988, 1:30 p.m.). (Formation of Street Lighting Maintenance District No. 1984-1 - Approving the report of the Superintendent of Streets for certain improvements to be made under the Street Lighting Act of 1931; and setting the date for public hearing as February 16, 1988; and further establishing July 1, 1988 as the beginning of the Assessment period for Street Lighting Maintenance District No. 1984-1, affecting Tract Nos. 1453, 1401, 1400, 1374, 335 & 217) 18. 158: RESOLUTION NO. 88R-32: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN PUBLIC STREETS, EASEMENTS AND/OR FACILITIES HERETOFORE IRREVOCABLY OFFERED FOR DEDICATION. (Parcel Map 86-380, Hancock Street and Wesley Drive - Turner Development Corporation) 19. 159: RESOLUTION NO. 88R-33: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DIRECTING THE FILING AND POSTING OF pREVAILING RATES OF PER DEEM WAGE~ PERTAINING TO PUBLIC WORKS. 20. 123: Approving an agreement with Hughes, Heiss and Associates, Inc. in the amount of $70,000 to conduct a management study of the Police Department with final report on July 29, 1988. 21. 123: Approving an agreement with Hall, Goodhue, Haisley and Barker (HGHB) for architectural services in the design of a new clubhouse at the H.G. "Dad" Miller Golf Course, in an amount not to exceed $76,000 (not including reproduction services). Roll Call Vote Resolution Nos. 88R-28 through 88R-33: 64 City ~11, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-28 through 88R-33, both inclusive, duly passed and adopted. End of Consent Calendar. MOTIONS CARRIED. 105: APPOINTMENT TO THE COMMUNITY SERVICES BOARD: This matter was continued from the meeting of January 19, 1988, to this date. On motion by Councilwoman Kaywood, seconded by Councilman Bay, Michael J. Sofia was appointed to fill the unscheduled vacancy on the Community Services Board, term to expire June 30, 1991. MOTION UNANIMOUSLY CARRIED. 105: PARK AND RECREATION COMMISSION: Councilwoman Kaywood moved that the City Council ratify the appointment to the Park and Recreation Commission of Christopher B. Whorton as representative for the Anaheim City School District, and further moved to waive the 72-hour posting provisions of the Brown Act in order to allow a vote on her motion. Inasmucn as no second to the foregoing motions was made, Councilwoman Kaywood withdrew her motion to waive the Brown Act provisions, the ratification to be considered at the next City Council meeting (February 2, 1988). 144/153: PRIVATE INDUSTRY COUNCIL APPOINTMENT: In accordance with recommendation by the Anaheim Chamber of Commerce, Councilwoman Kaywood moved to appoint Allan B. Hughes to the Private Industry Council. Motion died for lack of a second. It was moved by Councilman Bay, seconded by Councilman Hunter, that Floyd L. Farano be appointed to the Private Industry Council for a four-year term expiring in 1992. MOTION UNANIMOUSLY CARRIED. CITY PLANNING COMMISSION ITEMS: The following actions taken by the City Planning Commission at their meeting held January 4, 1988, pertaining to the following applications were submitted for City Council information. VARIANCE NO. 3729 AND NEGATIVE DECLARATION: OWNERS: HOWARD AND VICTORIA I. LOUDON, 404 & 420 N. Lemon, Anaheim, CA 92805 AGENT: K.C. CHANG, P.O. Box 2868, An-heim, CA 92804 LOCATION: 404-420 N. Lemon Street Waivers of (a) minimum building site area per dwelling unit, (b) maximum structural height, (c) maximum site coverage & (d) minimum distance between buildings to construct a 3-story, 26-unit affordable apartment complex. GRANTED by the City Planning Commission PC88-01. Negative Declaration approved. 65 ?! City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988~ 1:30 P.M. e VARIANCE NO. 3718 AND NEGATIVE DECLARATION: OWNERS: PERALTA LTD., 3150 E. Birch, Brea, CA 92621 AGENT: SOGAR CONSTRUCTION INC., 1650 N. Giassell, # H, Orange, CA 92667 LOCATION: 5091 Copa De Oro Drive Waiver of maximum structural height to construct a 30-foot high, 2-story single-family residence. GRANTED by the City Planning Commission, PC88-02. Negative Declaration approved. 3. VARIANCE NO. 3649(READVERTISMENT) NEG DECLARATION PREV. APPROVED: ® OWNERS: DORIS A THAMES, 1208 S. Brookhurst Street, Anaheim, CA 92804 AGENT: JENSON C. CHEN, 17011 Beach Boulevard, Suite 800, Huntington Beach, CA 92647 LOCATION: 3416 West Orange Avenue Approval of revised plans (Rev. No. 1) with waivers of (a) maximum structural height and (b) maximum site coverage to construct a 2 to 3 story, 34-unit apartment complex (previously 33-units). REVISED PLANS APPROVED by the City Planning Commission PC88-10. VARIANCE NO. 3734 AND NEGATIVE DECLARATION: OWNERS: DALE A. DEVITT AND MARGARET J. DEVITT, 7178 Mantcliff Avenue, Las Vegas, Nevada 89117 AGENT: FUTURE ESTATES, INC., 7711 Center Avenue, #525, Huntington Beach, CA 92647 LOCATION: 2130 W. Catalpa Avenue Waivers of (a) minimum lot area, (b) minimum lot width, (c) minimum front yard setback and (d) minimum rear yard setback to establish a 3-lot subdivision and to construct 3 single-fmm~ly residences. GRANTED by the City Planning Commission PC88-11. Negative Declaration approved. VARIANCE NO. 3740AND NEGATIVE DECLARATION: OWNERS: STEWART GREEN ASSOCIATES, 2914 One Calgary Place, 330-5th Ave., S.W. Calgary, Alberta Canada T2POL4 AGENTS: McCI.~IJ4%N/CKUZ/GAYLOI{D & ASSOC., 18201 VonKarman Avenue, #250, Irvine, CA 92715 LOCATION: 2280 East Lincoln Avenue Waiver of minimum number of parking spaces to construct an 18,000 square foot addition to a commercial shopping center. GRANTED by the City Planning Commission, PC88-12. Negative Declaration approved. RECLASSIFICATION NO. 87-88-29~ VARIANCE NO. 3737 AND NEGATIVE DECLARATION: OWNERS: VAZQUEZ & DE LEON 12, 2240 W. Lincoln Ave., Anaheim, CA 92801 AGENT: HUGO A VAZQUEZ, 2240 W. Lincoln Ave., Anaheim, CA 92801 LOCATION: 207 and 211 N. Coffman Street KS-7200 to RM-3000 or a less intense zone. Waivers of (a) maximum structural height and (b) maximum fence height to construct a 2-story, 8-unit condominium complex. 66 City Hall, Anaheim, California - C0UNCILMINUTES - January 26, 1988, 1:30 P.M. GRANTED by the City Planning Commission, PC88-13, PC88-14. Negative declaration approved. CONDITIONALUSE PERMIT NO. 2973 AND NEGATIVE DECLARATION: OWNERS: ORKIN INC., c/o THRIFTY OIL CO., 10000 Lakewood Blvd., Downey, CA 90240 AGENT: TAIT & ASSOCIATES, P. O. Box 4425, Anaheim, CA 92803, ATTN: MIKE XENOS LOCATION: 304 S. Magnolia Avenue To permit a convenience market with gasoline sales and off-sale of beer and wine. GRANTED, IN PART, by the City Planning Commission, PC88-17, without beer and wine sales. Negative declaration approved. 8. WAIVER OF CODE REQUIREMENT - CONDITIONAL USE PERMIT NO. 2974 AND NEGATIVE DECLARATION: OWNERS: ESTHER KASCAL AND BARNEY SNARDLOFF, ET AL, 3481 La Sombra, Los Angeles, CA 90068 AGENT: RICHARD E. WANNENMACHER, PATRICK MEDIA GROUP, 1550 W. Washington Blvd., Los Angeles, CA 90007 LOCATION: 1201 S. Anaheim Boulevard (Burger King) To permit a 36-foot tall, 672-square foot billboard with waiver of minimum structural setback. DENIED by the City Planning Commission, PC88-18. Negative Declaration approved. 9. WAIVER OF CODE REQUIKEM~T - CONDITIONAL USE PERMIT NO. 2975 AND NEGATIVE DECLARATION: OWNERS: PHILIPE DELGADO, ET AL, 712 E. Bali Road, Anaheim, CA 92806, c/o ROBERT S. SKLAR AGENT: FARANO AND KIEVIET, 100 S. Anaheim Blvd., Suite 240, Anaheim, CA 92805, ATTN: KAR_IN L. WATTS LOCATION: 712 E. Ball Road (Phil & Jims Appliance) To permit a liquidating sales outlet with waiver of minimum number of parkin~ spaces. DENIED by the City Planning Commission, PC88-19. Negative declaration approved. A review of the Plmnning Commission's decision was appealed by the Applicant and therefore, a public hearing will be scheduled at a later date. 10. GENERAL PLAN AMENDMENT NO. 234, RECLASSIFICATION NO. 87-88-25, VARIANCE NO. 3727 AND NEGATIVE DECLARATION: OWNERS: WIIJ.IAM AND JOAN TODD, 3620 Savanna Street, Anaheim, CA 92804 JOHN AND ROBERTA WARD, ROBERT AND MARY BURKS, 3630 Savanna Street, Anaheim, CA 92804 67 City Hall, Ammheim, C~]~fornia - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. RODNEY AND SHEILA HART, 3540 Savanna Street, Anaheim,CA 92804 AGENT: MAGDY HANNA, 4000 MacArthur Blvd., #680, Newport Beach, 92660 LOCATION: 3620, 3630 and 3640 Savanna Street lo consider an amendment to the Lane Use Element of the General Plan, proposing redesignation from Low-Medium Density Residential to Medium Density Residential. RS-A-43,000 and RS-7200 to RM-1200 or a less intense zone. Waiver of maximum structural height to construct a 70-unit, 3-story, 36-foot high apartment building. DENIED GPA, RECLASSIFICATION AND VARIANCE, by the City Planning Commission, PC88-03, 04 and 05. Negative Declaration approved. City Planning Commission requested City Council review these applications, public hearing set this date. See Public Hearing portion of today's agenda. 11. GENERAL pLAN AMENDMENT NO. 234, RECLASSIFICATION NO. 87-88-33, VARIANCE NO. 3739 AND NEGATIVE DECLARATION: OWNERS: LA QUITA J. ZYNDA, 3603 Savanna Street, Anaheim, CA 92801, CONNIE RAE HALL, 3621 Savanna Street, Anaheim, CA 92801, LUCION W. AND BARBARA B. MYLES, 3609 Savanna Street, Anaheim, CA 92801, ROBERT AND LINDAADAIR, 3613 Savanna, Anaheim, CA 92801 AGENT: MAGDY HANNA, 4000 MacArthur Blvd., #680, Newport Beach, 926§0 LOCATION: 3603, 3609, 3613, 3621 Savanna Street To consider an amendment to the Land Use Element of the General Plan proposing redesignation from Medium Density Residential land uses to Low Medium Density Residential land uses. RS-A-43,000 to RM-1200 or a less intense zone. ~aiver of maximum structural height to construct an 86-unit, 3-story apartment complex. DENIED GPA, RECLASSIFICATION AND VARIANCE, by the City Planning Commission, PC88-03, 06 and 07. Negative Declaration approved. City Planning Commission requested City Council review of these applications, public hearing scheduled this date. See public hearing portion of today's agenda. 12. CONDITIONAL USE PERMIT NO. 2968(PKEVIOUSLY ADVERTISED), VARIANCE NO. 3736 AND CATEGORICAL EXEMPTION CLASS 3: OWNERS: BETTY A. WHITFIELD, 710 S. Claudina Street, Anaheim, CA 92805 AGENT: JAMES N. KAPKO, 703 S. Philadelphia Street, Anaheim, CA 92805 LOCATION: 703 S. Philadelphia Street CONDITIONAL USE REQUEST: To convert a single-family residence to a granny unit, amd VA~IANCEREQUEST: Waivers of (a) minimum front yard setback and (b) minimum floor area of dwelling unit to construct a single-family residence. GRANTED by the City Planning Commission, PC88-08 and PC88-09. 68 7O City Hall, Anaheim, California - COUNCIL MINUTES - January 26~ 1988~ 1:30 P.M. 13. RECLASSIFICATION NO. 87-88-30, VARIANCE NO. 3732 AND NEGATIVE DECLARATION: OWNERS: KIYOSHI SHIGEKAWA AND WILLIAM SHIGEKAWA, 725 S. Elder Street, Anaheim, CA 92805 AGENT: SUMMERHILL DEVELOPMENT CO., 1122 E. Lincoln Avenue, Ste. 113, Orange, CA 92665, ATTN: ROBERT WELLS LOCATION: Approximately 3.7 acre on the north side of La Palma Avenue, approximately 750 feet east of the centerline of State College Boulevard. RS-A-43,000 to BM-1200 or a less intense zone. Waiver of ,~ximum structural height to construct a 2-story, 92-unit apartment complex. GRANTED Reclassification, by City Planning Commission PC88-15. DENIED VARIANCE, by City Planning Commission PC88-16. Negative declaration approved. VARIANCE APPEALED - Public Hearing set this date. See public hearing portion of today's agenda. 14. CONDITIONAL USE PERMIT NO. 2972 AND NEGATIVE DECLARATION: OWNERS: lARRY P. HENRY, ET AL, 225i N. Loara Street, Anaheim, CA 92801 AGENT: ARMANDO FLORES, 1771 W. Glen, #4, Anaheim, CA 92801 LOCATION: 200 S. Manchester Avenue To permit a walk-up restaurant. RESOLUTIONS OF THE CITY PLANNING COMMISSION, TO GRANT OR DENY failed to carry-tie vote. NOTE: Public Hearing scheduled before City Council, Feb. 2, 1988, 8:00 P.M. 15. PLANNING COMMISSION REPORTS AND RECOMMENDATIONS: RECLASSIFICATION NO. 74-75-26 - Request to amend Condition No. 12 of City Council Resolution No. 85R-75 and Condition No. 8 of Ordinance No. 4573 pertaining to restriction of property use for general office development only. Property located at 2450 E. Lincoln Avenue. Set for Public Hearing before City Council this date. See public hearing portion of today's agenda. CONDITIONAL USE PERMIT NOS. 1568 and 1596 - Request for termination of Conditionsl Use Permit Nos. 1568 and 1596, property located at 1713 N. Orangethorpe Park and 837 Orangethorpe Avenue. Ce GRANTED by the City Planning Commission, PC88-20. CONDITIONAL USE PERMIT NO. 2741 - Request from Andrew W. Edwards for a retroactive extension of time in order to comply with conditions of approval for Conditional Use Permit No. 2741, property located at 6352 E. NohlRanch Road (Anaheim Hills Saddle Club). 69 67 City N.l], A~heim, California - COUNCIL MINUTES - January 26, 1988~ 1:30 P.M. Re GRANTED by the City Planning Commission. CONDITIONAL USE PERMIT NO. 2928 - Request from La Quita Zynda for an extension of time in order to comply with conditions of approval for Conditional Use Permit No. 2928, property located at 3603 Savanna Street (E.Z. Pickin's RV Storage). GRANTED for 90-day extension of time by the City Planning Commission. ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY - Proposal to conduct Solid Waste Assessment Tests on the Orange County Steel Salvage property, and request for determination if this proposal is in conformance with the General Plan. APPROVED by the City Planning Commission. REQUEST FOR CLARIFICATION OF DEFINITION - Request for automobile conversions from Steve Sale,n, SaleenAutosport, at 4955 Hunter Avenue, Anaheim, CA. DETERMINED by the City Planning Commission to consider as a permitted use. End of Planning Commission Information Items. 179: REQUEST FOR ~aJLING~ CONDITIONAL USE PERMIT NO. 2932: Request for rehearing and Declaration of Merit was submitted by Mike Xenus, Circle K Corporation, for Conditional Use Permit No. 2932, to permit a convenience market with gasoline sales and off-sale beer and wine at 727 SouthEast Street. (Continued from the meeting of December 29, 1987.) Mr. Xenos advised that there was a good faith effort being made on the part of the applicants in attempting to propose alternatives to their original proposal under subject permit. Councilman Bay moved that the request for rehearing on Conditional Use Permit No. 2932 be denied, pointing out that the applicants would have the opportunity to reapply through the City Planning Commission if a different type of development was to be proposed. Councilman Hunter seconded the motion. MOTION CARRIED. 179: REQUEST FOR REHEARING, VARIANCE NO. 3709: Request for rehearing and Declaration of Merit was submitted by Don Ptltero, 411 South Brook Lane, Anaheim, in connection with Variance No. 3709 (granted following public nearing on December 8, 1987). Said variance permits construction of a two-story, 35-foot high, single-fmmily residence on the northeasterly corner of Copa de Oro Drive and Nohl Ranch Road (Lot 32 in Tract No. 12576). The Assistant City Clerk reported that Mr. Piliero had contacted her office and requested a continuance, as he was out of town on business. Councilman Pickier moved that request for rehearing be denied. Councilman Bay seconded the motion. 7O City Hall, Anmheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. Mr. Paul D. Williamson, variance petitioner, expressed his concern relative to the rehearing request as set forth in the Declaration of Merit. The motion to deny request for rehearing on Variance No. 3709 was re-stated; MOTION CARRIED. 179: REQUEST FOR REHEARING, VARIANCE NO. 3585: Request for Rehearing and Declaration of Merit were submitted by Helen M. Bohen, 8821 Garfield Circle, Buena Park, in connection with Variance No. 3585 (granted on October 14, 1986 and condition modified following public hearing on December 1, 1987). The variance permits construction of a 44 unit apartment complex on 2.1 acres. The property is located on the west side of Western Avenue, north of Lincoln Avenue (295 and 211 North Western Avenue.) On motion by Councilman Pickler, seconded by Councilman Hunter, request for rehearing on Variance No. 3585 was denied. MOTION CARRIED. 179/142: ORDINANCE NO. 4897 (URGENCY) - BIx.T~OARDS: Councilwoman Kaywood offered Ordinance No. 4897 for adoption, prohibiting construction of new billboards in the City of Anaheim for forty-five days, pending completion of the City Council study of the billboard issue. Said ordinance was read in full by the Assistant City Clerk. Refer to Ordinance Book. ORDINANCE NO. 4897: AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM MEASURE PURSUANT TO SECTION 65858 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA PROHIBITING CERTAIN USES OF PROPERTY WHICH MAY BE IN CONFLICT WITH A ZONING PROPOSAL THE CITY COUNCIL IS CONSIDERING OR STUDYING AND DECLARING THAT THIS ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Ordinance No. 4897 duly passed and adopted. City Attorney White explained that he was in the drafting stage of a new ordinance on billboards which would be ready shortly for submittal and consideration by the Council. A brief Council discussion followed regarding the urgency ordinance wherein questions were posed to the City Attorney. At the conclusion of discussion, Councilman Bay moved that consideration of a new outdoor sign ordinance (billboards) be scheduled for the Council meeting of February 9, 1988. Councilman Hunter seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES: The titles of the following ordinances were read by the Assistant City Clerk. (Ordinance Nos. 4895 and 4896) Councilman Bay moved to waive the reading in full of the ordinances. Councilman Hunter seconded the motion. MOTION CARRIED. 71 City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. 107/142: ORDINANCE NO. 4895: Councilwoman Kaywood offered Ordinance No. 4895 for adoption, amending Section 1.01.389 establishing a Code Enforcement Reinspection Fee and adding enforcement authority for Titles 5, 10, 11, 16 and 17 as well as Sections 374b, and 402b to the Code Enforcement Division. Refer to Ordinance Book. ORDINANCE NO. 4895: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE R~LATING TO CODE ENFORCEMENT. Roil Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Ordinance No. 4895 duly passed and adopted. 179: ORDINANCE NO. 4896: Councilwoman Kaywood offered Ordinance No. 4896 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4896: AN ORDINANCE OF THE CITY OF AN~dtEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE AN~EIM MUNICIPAL CODE RETATING TO ZONING. (Amending Title i8 to rezone property located at 2i41 South Harbor Blvd. under Reclassification No. 87-88-28) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Ordinance No. 4896 duly passed and adopted. 179: ORDINANCE NO. 4898: Councilman Bay offered Ordinance No. 4898 for first reading. ORDINANCE NO. 4898: AN ORDINANCE OF THE CITY OF ANA}IEIM AMENDING THE ZONING MAP REFERRED I0 IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE ~TATING T0 ZONING. (Amending Title 18 to rezone property located at 140 West Ball Road under Reclassification No. 67-68-33(4). 114/150: SENIOR CITIZENS CLUB COMPIAINTS - VIOLATION OF "NO SMOKING" ORDINANCE: Councilwoman Kaywood referred to complaints that some users are not adherin~ to provisions of the "No Smoking" Ordinance for the City of Anaheim. Brief discussion was held, and as pointed out by City Attorney White, it was determined that control of the situation at the facility is the responsibility of the user. 114: CITY COUNCIL ~.ETING TIMES: Councilman Hunter moved that consideration be given to scheduling two night meetings each month for the City Council. Councilman Ehrle seconded the motion. At the conclusion of brief discussion, 72 City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. the Council determined that this matter would be brought back for consideration in approximately three months. Councilmen Hunter and Ehrle withdrew their motion and second. 129/114: ORANGE COUNTY STEEL SALVAGE COMPANY: Councilman Ehrle expressed concern about the fire at Orange County Steel Salvage Co. on Frontera Street over the weekend, because of the potential toxic "fluff" which has accumulated on the premises. Council Members gave their input regarding the matter and the ongoing efforts relative to obtaining a final solution to the problems at the facility. Questions were also posed to the City Attorney, and Code Enforcement Supervisor. At the conclusion of discussion, Councilman Ehrle, with the consent of the Council, directed staff to obtain reports from state, county and city agencies involved relating to the fire and its effects, and to then determine whether to schedule public hearing to consider revoking the conditional use permit under which the salvage company operates. 161.114/177.114: CITY COUNCIL COMPENSATION: Councilman Pickier expressed surprise at action taken by the City Council during his absence on January 19, 1988, to increase compensation by establishing salaries of Council Members for their weekly services sitting as Redevelopment Agency and Housing Authority Members. He felt that any increase should be accomplished by placing a City Charter amendment before the electorate, and thereupon moved that the question be put before the voters June, 1988 Election. No action was taken by the City Council. Latez in the meeting, the matter was mentioned again, and Councilwoman Kaywood advised that if Councilman Pickler wanted to re-state his motion for the November Election, she would second it. No action was taken by the City Council. ITEMS OF PUBLIC INTEREST: Stephen Jameson, representing Circle K Corporation (see request for rehearing), asked the Council to continue their rehearing request to allow the developer an opportunity to contact people in the area, determine their concerns, and reassure them of their intentions. Councilwoman Kaywood pointed out that the previous hearing held was complete and neighbors had made their opposition clear. Ann Haug, P.O.W./H.I.A. Chairman for Anaheim V.F.W., called attention to her request that the P.O.W./M.I.A. flag be flown permanently at the civic center until all prisoners of war and those missing in action have been accounted for. Councilman Bay expressed the opinion that this is a national political issue; the flag was flown for the one day particularly requested. Gus Bode, 726 N. East St., requested that the U.S. Flag at the civic center be lowered each evening. 73 City M~!l, Anmheim, C~]ifornia - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. Betty Ronconi, 1241 S. Walnut St., expressed dismay at action taken by the City Council on January 19, 1988, to increase compensation for Council Members in their capacities as Redevelopment Agency and Housing Authority Members. She recommended that this issue be placed on the ballot as a Charter amendment and the voters would decide. RECESS: Councilman Bay moved for a five-minute recess. Councilman Hunter seconded the motion. MOTION CARRIED. (3:25 P.M.) AFTEK KECESS: The Mayor reconvened the meeting, all members of the City Council being present. (3:35 P.M.) 179: CONTINUED PUBLIC REARING - RECLASSIFICATION NO. 87-88-20: APPLICANT: City of Anaheim (Planning Commission) 200 So. Anaheim Blvd., Anaheim, Ca. 92805 REQUEST/ZONING/LOCATION: For a change in zone from ML to CL to bring subject properties into conformance with the General Plan. The area consists of 14.8 acres and is located at the northeast corner of Cerritos Avenue and Anaheim Boulevard, with street addresses of 1490 South Anaheim Boulevard and 333 East Cerritos Avenue. PLANNING COMMISSION ACTION: Resolution No. PC87-225 denied Reclassification No. 87-88-20; approved EIR - Negative Declaration. HEARING SET ON: A review of tbm Planning Commission's decision was requested by Councilman Pickler and public hearing scheduled this date. This matter was continued from the meeting of January 19, 1988, to this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 7, 1988. Posting of property January 7, 1988. Mailing to property owners within 300 feet - January 8, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated November 9, 1987. Zoning Administrator Santalahti briefed the action taken by the Planning Commission. Although the request was initiated by the Plannin~ Commission it was a result of some discussion in connection with a bingo application in the ML zone. COUNCIL CONCERNS: Councilman Pickler. The area surrounding subject property consists of mainly CL development. The designation should be commercial. Staff felt it would be positive. PUBLIC DISCUSSION: None. 74 64 City Hall, Anaheim,.California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. COUNCIL ACTION: The Mayor closed the public hearing. Councilwoman Kaywood. She expressed opposition to reclassifying an area where every use permitted under the CL Zone would be able to develop by right. It would be a major change and no one had requested a zone change. Mayor Bay. He agrees with the Planning Commission denial. ML is to the north, east and south. There was no pressure by any developers requesting a zoning change. Councilman Ehrle. He was of the opinion that the area was in transition and the reclassification was appropriate. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, 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 the environment. MOTION CARRIED. WAIirf~t OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 88R-43) Councilman Bay moved to waive the reading in full of the resolution. Councilwoman Kaywood seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-43 for adoption, upholding the action taken by the City Planning Commission denying subject reclassification. Refer to Resolution Book. RESOLUTION NO. 88R-43: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FENDING 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 Hunter, Kaywood and Bay Ehrle and Pickler None The Mayor declared Resolution No. 88R-43 duly passed and adopted. 134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 236: APPLICANT: City of Anaheim 200 So. Anaheim Blvd., Anaheim, Ca. 92805 75 City Hall, A~nheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. REQUEST/ZONING/LOCATION: This amendment proposes a redesignation from Medium Density Residential to either (A) Low Medium Density Residential land uses; or to (B) Low Medium Density Residential and General Commercial land uses. The property is located on the east and west sides of East Street between Wilhelmina Street and La Palma Avenue. PLANNING COMMISSION ACTION: The City Planning Commfssion approved Exhibit B - Low Medium Density Residential and General Commercial Land Uses. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January i4, 1988. Posting of property January 15, 1988. Mailing to property owners within 300 feet - January 13, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated December 7, 1987. PUBLIC DISCUSSION- IN OPPOSITION: Gus Bode, 726 N. East Street, indicated his opposition to the proposed amendment and questioned what development was planned. It was explained that subject general plan amendment would reduce the density of development in the area, but there was no specific project proposed at this time. Frank Guevara, 753 No. Bush Street, stated that the amendment would be beneficial, however he preferred that no additional multiple family residential be permitted in the area. Mr. Lenahan, 741 No. East Street, pointed out that the majority of properties on his street were single family residences; however due to the heavy traffic, it was nearly impossible to get vehicles out of their driveways. He objected to the loss of fourteen feet from frontage properties, and requested that the zoning designation remain the same so that properties could be developed to their highest and best use. Francis X. Nutto, §21 Jambolaya, spoke in favor of the proposed general plan amendment, which he felt would reduce ultimate densities and have a positive effect on traffic congestion. COUNCIL ACTION: Mayor Bay closed the public hearing. ENVIRONI~AL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, 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 the environment. MOTION CARRIED. 76 62 City Hall, A~-heim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 88R-34) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 88R-34 for adoption, approving General Plan Amendment No. 236, Exhibit B - Low Medium Density Residential. Refer to Resolution Book. RESOLUTION NO. 88R-34: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHELMAPPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THEANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 236, EXHIBIT "B." Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-34 duly passed and adopted. 176: PUBLIC HEARING - ABANDONMENT NO. 87-11A: In accordance with application filed by American Senior Inns, public hearing was held on proposed abandonment of existing recorded easements on property located on the east side of Anaheim Hills Road, north of NohlRanch Road, no longer in use, pursuant to Resolution No. 87R-~32, duly published in the Anaheim Bulletin and notices thereof posted in accordance with law. Report of the City Engineer dated December 14, 1987, was submitted recommending approval of said abandonment. Mayor Bay asked if anyone wished to address the Council; there being no response, he declared the public hearing closed. ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Councilwoman Kaywood, seconded by Councilman Hunter, the City Council ratified the determination of the City Engineer that the proposed activity falls within the definition of Section 3.01, Class 5, of the City of Anaheim guidelines to the requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. MOTION CARRIED. WAIVER OF READING- RESOLUTION: The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 88R-35) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Bay seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-35 for adoption, approving Abandonment No. 87-11A. Refer to Resolution Book. 77 City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. RESOLUTION NO. 88R-35: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAH~LM VACATING EXISTING RECORDED EASEMENTS ON PROPERTY LOCATED ON THE EAST SIDE OF ANAHEIM HILLS ROAD, NORTH OF NOHL RANCH ROAD. RoLl Call Vote: AYES: NOES: AB SENT: C0UNCILMEMBERS: COUNCIL MF/gBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay None None The Mayor declared Resolution No. 88K-35 duly passed and adopted. 179/134: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 234~ RECLASSIFICATION NO. 87-88-25, VARIANCE NO. 3727ANDNEGATIVE DECLARATION: APPLICANT: William and Joan Todd 3620 Savanna Street, Anaheim, Ca. 92804 John and Roberta Ward, Robert and Mary Burks 3630 Savanna Street, Anaheim, Ca. 92804 REQUEST/ZONING/LOCATION: To consider an amendment to the Land Use Element of the General Plan, proposing redesignation from Low-Medium Density Residential to Medium Density Residential - RS-A-43,000 and RS-7200 to RM-1200 or a less intense zone. Waiver of maximum structural height to construct a 70-unit, 3-story, 3~-foot high apartment building. PLANN'ING COMMISSION ACTION: Resolution No. PC88-03 denied General Plan Amendment No. 234; Resolution No. PC88-04 denied Reclassification No. 87-88-25; Resolution No. PC88-05 denied Variance No. 3727, approved EIR - Negative Declaration. HEARING SET ON: The City Planning Commission requested City Council review these applications, public hearing set this date. PUBLIC NOTICEREQUIREMENTS I~T BY: Publication in Anaheim Bulletin January 14, 1988. Posting of property January 15, 1988. Mailing to property owners within 300 feet - January 14, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 4, 1988. It being noted that subject applications were related to the next public hearing on the City Council agenda, in that both groups of properties were included as one large project, Mayor Bay announced that both public hearings would be held concurrently. 78 6O City Hall, Anaheim, California - COUNCIL MINUTES - Januar~ 26, 1988, 1:30 P.M. 134/179: PUBLIC HEARING - GENERAL PLANAMENDMENT NO. 234, RECLASSIFICATION N0.87-88-33, VARIANCE NO. 3739 AND NEGATIVE DECLARATION: APPLICANT: La Quinta J. Zynda, 3606 Savanna Street, Anaheim, Ca. 92801 Connie Rae Hall 3621 Savanna Street, Anaheim, Ca. 92801 Lucion W. and Barbara B. Myles 3609 Savanna Street, Anaheim, Ca. 9280i Robert and Linda Adair 3613 Savanna Street, Anaheim, Ca. 9280i REQUEST/ZONING/LOCATION: To consider an amendment to the Land Use Element of the General Plan proposing redesignation from Low Medium Density Residential land uses to Medium Density Residential land uses - RS-A-43,000 to RM-i200 or a less intense zone. Waiver of maximum structural height to construct an 86-unit, 3-story apartment complex. PLANNING COMMISSION ACTION: Resolution No. PC88-03 denied General Plan Amendment No. 234; Resolution No. PC88-06 denied Reclassification No. 87-88-33; Resolution No. PC88-07 denied Variance No. 3739, approved EIR - Negative Declaration. HEARING SET ON: The City Planning Commission requested City Council review these applications, public hearing set this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 14, 1988. Posting of property January 15, 1988. Mailing to property owners within 300 feet - January 14, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 4, 1988. APPLICANT'S STATAMENT: Mr. A1 Marshall, Newport Pacific Development, 4000 MacArthur Boulevard, Newport Beach, Agent representing the applicant, advised that on the north side of Savanna Street 86 two-bedroom, two-bath apartments were being proposed in a two-story structure with subterranean parking garages. Although the agenda reflected a total height of 36 feet, in reality the total height of the structure would be 30 feet. This constituted the only need for a variance, due to the three single family homes at the end of the street; however their garages and driveways were between their living areas and the proposed development. There 79 City Hall, A~mheim, California - COUNCIL MINUTES - January 26~ 1988~ 1:30 P.M. would be no visual intrusion to the condominiums on the north side of the street adjacent to subject property on the East. The applicants have met with the neighbors and have redesigned the project in order to accommodate their concerns as much as possible. He explained in detail how they have mitigated any visual intrusion where concern was expressed by adjacent neighbors. Mr. Magdy Hanna, Newport Pacific Development, 4000 MacArthur Boulevard ~680, Newport Beach, Agent representing the developers, submitted a petition in favor of the proposed development containing 62 signatures. Rather than develop one parcel at a time in the area, his corporation had assembled 3 parcels on the south side of Savanna Street, and 4 parcels on the north, and designed subject developments. If approved and constructed, only two single family residential parcels on the street would remain. Currently, there is a mixture of uses in the area. Any impact to local schools would be mitigated by the $193,000 in school fees which would be paid. PUBLIC DISCUSSION- IN FAVOR: Joan Todd, 3620 Savanna Street, representing residents on the street. Felt it a worthwhile project and hoped it would generate a much needed traffic signal at Savanna and Knott Avenue. PUBLIC DISCUSSION- IN OPPOSITION: Lucille Leach, 847-849 Marian Way. She would lose the privacy and some sunlight in her back yard, immediately adjacent to property included in Reclassification No. 87-88-25 and Variance No. 3727. Other concerns were more pollution, vacancy factor in existing units, access to Savanna and Marian for emergency vehicles, parking for more than 300 more vehicles (most families have two cars). The need is for more affordable single-family homes. Michael Mehalick, owner of 853-855 Marian Way. Concurred with Mrs. Leach. Pointed out that the area was reclassified to a less dense zone as recently ag 1977, and to preserve the residential quality of life, he asked that the zoning remain as it was. Larry Emerson, owner of 3539 Savanna St. #1. Zoning pattern in the area already established, more conducive to low medium density development. As proposed, both developments would have a severe impact on area density and traffic, and conditions have not changed to warrant the proposal. Experience showed that people find it more convenient to park on the street than in underground parking facilities. 8O City Hall, A-abeam, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. Carol Smith, 3539 Savanna Street, representing the homeowners association at her townhome complex. She concurred with statements by Larry Emerson, and pointed out that traffic was getting worse all of the time. Homes in her complex were mostly owner-occupied. Todd Morton, 3561 Savanna Street. The so-called single story units adjacent to the townhomes would be above a parking garage, thereby constituting two-stories. Although they would lose a portion of morning and afternoon sun, he had no objection to two stories at a lower density; he requested that the General Plan be upheld. Sharron Cooley, resident/owner of 3569 Savanna Street. Concurred with all opposition expressed. Although the developer had attempted to protect her privacy, she objected to apartments overlooking her driveway, her patio and a bedroom. She indicated approval of the quality of development proposed, but objected to the density. Rose Leach, 849 Marian Way. Objected to density, and noted that some children at Hansen School had to be bussed to other schools. Requested that the Council preserve their family-oriented neighborhood. Mr. Stahovich, 3639 Savanna Street. He had abided by the General Plan for the area. He is opposed to both projects. Parking proposed at 1-1/2 spaces per unit was inadequate, and he noted existing traffic problems in their neighborhood. SUMMATION BY APPLICANT: Magdy Hanna. The agent for the developer then countered statements made by those in opposition, as follows: The property on the south side of Savanna Street abuts medium density residential zoned duplexes on Marian Way, and no variance would be required. All parking for the proposed development would be on-site, and 2-1/2 spaces per unit are projected. Costs assessed to the developers would pay for necessary additional utilities, as well as school fees. Traffic problam~ could be addressed by the Traffic Engineer. Om the north side of the street, there would be no openings on that side of the project which would abut the condominiums to protect their privacy. There would be a limitation of 2 persons per bedroom in the rental agreements. He was of the opinion that the area had changed since single family residential developed there years ago, and he noted the support of neighbors as indicated on the petition in favor submitted this date. A1 Marshall. Referred to Ms. Cooley's concern about overlooking her bedroom, and advised that the developers had intentionally lowered the 81 City Mm11, Anmhe~m, California - COUNCIL MINUTES - January 26, 1988~ 1:30 P.M. units on that side to single story above partial subterranean , parking to prevent overlooking those adjacent yards and windows. There were at least 30 to 45 feet from the proposed units to Ms. Cooley's bedroom window, 20 feet to the property line and 25 feet to the driveway. He suggested that the difficulty in making left turns from Savanna onto Knott Avenue might be relieved by widening the street and re-striping to allow a left turn lane for Savanna Street traffic to turn north. Responding to question by Councilman Ehrle, Mr. Marshall further advised that there would not be a gate to the parking area. In reply to question by Councilwoman Kaywood, he stated that the existing problem with water standing in the street would be corrected by required curbs and gutters for the project. COUNCIL ACTION: The Mayor closed the public hearing. STAFF INPUT: Responding to questions posed by Council Members, Traffic Engineer Paul Singer stated that the developer could stipulate to installation of a traffic signal at Savanna and Knott Streets, as suggested by the Mayor. The approximate cost is $100,000. Based on traffic studies, at present the warrant for the traffic signal will be only 80% satisfied. Widening the street might satisfy the current problems. Mr. Hanna stated the developers would be willing to make the commitment for traffic signal installation. In response to question by Councilwoman Kaywood, Mr. Marshall stated that there were several areas designed in the proposed project for recreational purposes; i.e., on the north side of the street there would be a large green area along the rear boundary, and a wall with landscaping. Adjacent to the pool and spa area would be a place to walk with planters and places to sit down, all contained within the project to encourage residents to remain on the premises. A large open area was located in the center of the project in order to meet land coverage requirements, and he offered to develop that as a recreational area; however, he noted ghat would require another variance for the project. Zoning Administrator, Annika Santalahti explained that to utilize the open area for recreation purposes would require amendment of a condition recommended in the staff report to allow recreation facilities to be erected in the open area. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, seconded by Councilman Hunter, the City Council approved the negative declaration upon finding that it ~as 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 82 City Hall, Anaheim, Ca!iforn~a - COUNCIL MINUTES - January 26, 1988~ 1:30 P.M. 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 Assistant City Clerk. (Resolution Nos. 88R-36 through 88R-38) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution Nos. 88R-36 through 88R-38, both inclusive for adoption, approving General Plan Amendment No. 234 Exhibit "B"; approving Reclassification No. 87-88-25 and granting Variance No. 3727, including the stipulation by the agent to installation of a traffic signal at Savanna Street and Knott Avenue and amending the condition relative to site coverage to allow for additional recreation area. Refer to Resolution Book. RESOLUTION NO. 88R-36: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 234, EXHIBIT "B." RESOLUTION NO. 88R-37: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 87-88-25. RESOLUTION NO. 88R-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3727. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution Nos. 88R-36 through 88R-38, both inclusive, duly passed and adopted. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Bay, 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 ~ignificant effect on the environment. MOTION CARRIED. WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions were read by the Assistant City Clerk. (Resolution Nos. 88R-39 and 88R-40) Councilman Bay moved to waive the reading in full of the resolutions. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Bay offered Resolution Nos. 88R-39 for adoption, approving Reclassification No. 87-88-33 and Resolution No. 88R-40 for adoption, granting Variance No. 3739, including the stipulation by the agent to installation of a .traffic signal at Savanna Street and Knott Avenue and amending the condition 83 City Hall~ Anaheim, California - COUNCILMINUTES - January 26~ 1988~ 1:30 P.M. relative to site coverage to allow for additional recreation area. Refer to Resolution Book. RESOLUTION NO. 88R-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 87-88-33. RESOLUTION NO. 88R-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3739. Roll Call Vote on Resolutions Nos. 88R-39 and 88R-40: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolutions No. 88R-39 and 88R-40 duly passed and adopted. RECESS: By general consent, the City Council recessed. (5:30 p.m.) AFTER RECESS: Mayor Bay reconvened the meeting, all Council Members being present. (5:50 p.m.) 179; PUBLIC HF2uRJ2~G - VARIANCE NO. 3732 AND NEGATIVE DECLARATION: APPLICANT: Kiyoshi Shigekawa and William Shigekawa 725 S. Elder Street, Anaheim, CA 92805 REQUEST/ZONING/LOCATION: Waiver of maximum structural height to construct 2-story, 92-unit apartment complex, approximately 3.7 acres located on the · north side of La Palma Avenue, approximately 750 feet east of the centerline of State College Boulevard. PLANNING COMMISSION ACTION: Resolution No. PC88-15 granted Reclassification 87-88-30 to RM-1200 or a less intense zone; Resolution No. PC88-16 denied Variance No. 3732; approve EIR Negative Declaration. HEARING SET ON: Appealed by Robert N. Wells, Summerhill Development Company, Agent for the Applicant, and public hearing scheduled this date. PUBLIC NOTICE REQUIREMENTS MET BY: Publication in Anaheim Bulletin January 14, 1988. Posting of property January 15, 1988. Mailing to property owners within 300 feet - January 14, i988. PIANNING STAFF INPUT: See Staff Report to the Planning Commission dated January 4, 1988. APPLICANT'S STATEMENT: Robert N. Wells, representing S-mmerhill Development, 1122 East Lincoln, Orange. Working from a posted plan of the project, with the assistance 84 City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. of his architect, Will Hanes, Mr. Wells explained that the project was reclassified by the Planning Commission to RM-1200 which will allow approximately 139 units. Based on their view of the area and their marketing, they are proposing 92, 2-story units with secured parking. The project will be gate guarded in conformance with City traffic standards. It will be a good buffer between the existing comm-rcial to the west and the existing residential homes to the east. Due to the unusual configuration of the shape of the project, they have found in meeting their density requirements that they must request one variance, that of maximum height. He then referred to his detailed letter dated January 18, 1988, previously submitted to the Council with Exhibits (made a part of the record) and briefed and/or read portions of it in his presentation. Copies of the attached Exhibits were posted on the Chamber wall. At the meeting of homeowners, two had concerns with the recreation site and the noise that might be generated. At their suggestions, the recreation area and open space was relocated further toward the ingress and egress point. Homeowners to the north had concern about trash enclosures and as a result those were also relocated. Copies of the site plan were forwarded back to the homeowners and because it was over the holidays, there was not enough time for another meeting. Working from the Exhibits, he further explained that if the setback requirement of 150 feet was imposed, they would lose approximately 66% of the site to single-story construction only. The "what if" plan overlayed a single-family detached RS-5,000 square foot subdivision. That ordinance would allow homes to be constructed within 10 feet of the property line which is less than 1/2 of the setback they are proposing. After further briefing of the posted Exhibits, answering Councilwoman Kaywood, Mr. Wells stated that they did consider building homes instead of apartments but it did not pencil out. Summerhill is in the business of building and managing apartments. They maintain ownership and manage their projects. Mayor Bay. He noted the variance involved is 2-story which is normally at 150 feet from R-1 and the applicant is proposing 20 feet. He asked if there was anything in that 20 feet. Mr. Wells. The area will be heavily landscaped with vertical trees to prohibit any potential views. There are only two areas, one on the north and east with any window openings. The majority of the other buildings will have blank wails. Just the areas pointed out by the architect will have windows. PUBLIC DISCUSSION- IN FAVOR: None. 85 City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. PUBLIC DISCUSSION- IN OPPOSITION: Charlie Wetter, 2229 North Redwood Drive. He spoke to the traffic situation. The development along the north side of La Palma was designed in such a way that there was no through traffic. He then explained the circulation pattern through the area. There are at least three periods during the day when it is impossible to get out of the tract and it will be impossible to add "only" 200 more cars. All they have been doing is adding just a few more cars and the street is now jammed practically from State College Boulevard to Sunkist for 2 or 3 hours a day. Adding additional traffic will also increase the risk of accidents. Ann Wetter, 2229 North Redwood Drive. She also expressed concern relative to traffic. There are also no 2-story apartments at all in the 2200 block or from State College through Sunkist. She does not favor 2-stories or the traffic the project will generate. Francis Nutto, 621 Jambolaya. Increased density increases traffic and other problems and overloads the infrastructure resulting in lower quality living for everybody. The property is master planned for apartments. If developed with apartments they should be in compliance with zoning regulations. The property can be easily developed with 24 single-family homes compatible with adjacent single-family. If the zoning is changed, it should be changed to RS-5,000 to prepare the way for 24 single-family lots. The Council should uphold the recommendation of the Planning Commission and deny the variance. SUMMATION BY APPLICANT: Robert Wells. He does not have an answer to the traffic situation. With respect to any single-family development, if they went to RS-5,000, if it were economically feasible, there would be the potential of invasion of privacy. COUNCIL ACTION: Mayor Bay closed the public hearing. Mayor Bay. He did not hear opposition from a single family homeowner on Whittier or Banyan. He is assuming the people along all the borders of the development have no opposition since no one is present. Councilman Ehrle. He agrees with what Mr. Wetter said with regard to traffic but he is not sure that if 24 single-family homes were developed City Hall, A~aheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. traffic would be significantly different from what is being proposed. He knows the area very well and has talked to some of the residents and they want to see the project go forth. They are tired of the vacant lot. The developer has had meetings with all the residents up and down the area and that is why probably none are present because their concerns were answered. Councilwoman Kaywood. She is concerned with the setback to the single-family residents. The standard was 150 feet between multiple family and single-family. It was shortened in individual cases to allow as little as 50 feet. It is not supposed to go lower than that. She asked for clarification if the request is for a 20 or a 50-foot setback from single-family homes. Mr. Wells. There is a 20-foot setback from the property line and 50 feet from the houses to the west, between their apartments, and those homes and 70 feet between their apartments and the homes to the north. Annika Santalahti, Zoning Administrator. Answering Councilwoman Kaywood, she explained the setback calculation for zoning purposes is based from the property line to the proposed apartment building. Typically Council and Commission approvals have been a 50-foot setback from the property line to the 2-story building where the second-story windows have been shielded in a manner so there is no overlooking into the 50-foot area. The Code requires 150 feet. Mayor Bay. He agrees with Councilwoman Kaywood. The Code calls for 150 feet from 2-story to the property line of single-family. There have been many cases where they have lowered that to 70 or 80 feet and in some cases as close as 50 feet. It is his opinion that this would be a precedent. He cannot think of any other apartment development next to R-1 where they allowed only 20 feet between 2-stories and the property line. Annika Santalahti. She does not recall any witD 2-stories at less than 50 feet. Mayor Bay. The precedent gives him great difficulty on this development and he is mot ready to vote for 20 feet from the property line on 2-story apartments. Councilman Ehrle. He would like to see the project developed. It is a situation where something is going to have to be worked out between the developer and the owner otherwise he believes the project will not be approved. 87 49 City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. Mayor Bay. He feels it is a good project but he is not going to vote for 2-story apartments next to single-family at 20 feet. Robert Wells. He feels this is something unique and a different situation. There is a difference in grade between the two sites that may add to mitigate any of the privacy concerns. The majority of the units have a blank wall that face on to the existing homeowners. He thought at one time there was an ordinance that allowed the blank wall of the units to fall closer within the setback. Possibly he is referring to a subterranean garage. The only suggestion he could offer, they could raise the patio walls to 5 feet so residents cannot view into the adjacent property owners. Councilman Pickler. Traffic is going to be a problem no matter what is developed. If there was one person on Whittier or Banyan at the meeting in opposition, he might feel differently. The developer has "sold" the project to the people who are going to be living next door. There is nothing that can be done about the traffic and that is a concern of the people who spoke in opposition. He has no problem with the project and feels it will enhance the area. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilman Pickler, seconded by Councilman Bay, 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 Assistant City Clerk. (Resolution No. 88R-41) Councilman Pickler moved to waive the reading in full of the resolution. Councilman Hunter seconded the motion. MOTION CARRIED. Councilman Pickler offered Resolution No. 8§K-41 for adoption~ granting Variance No. 3732, reversing the findings of the City Planning Commission, but subject to all Interdepartmental Committee recommendations. Refer to Resolution Book. RESOLUTION NO. 88R-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3732. Roll Call Vote: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Pickler NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None 88 5O City ~11, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. The Mayor declared Resolution No. 88R-41 duly passed and adopted. 179: PUBLIC N¥~R_ING - RECLASSIFICATION NO. 74-75-26 AMENDMENT TO CONDITION: APPLICANT: Shawn Kelter, Grubb & Ellis, 2390 East 0rangewood Anaheim, Ca. REQUEST/ZONING/LOCATION: Request to amend Condition No. 12 of City Council Resolution No. 85R-45 and Condition No. 8 of Ordinance No. 4573 pertaining to restriction of property use for general office development only. Property located at 2450 E. Lincoln Avenue. HEARING SET ON: Amendment to conditions requires public hearing before the City Council. PUBLIC NOTICEREQUIREMENTS MET BY: Publication in Anaheim Bulletin January 14, 1988. Posting of property January 15, 1988. Mailing to property owners within 300 feet - January 14, 1988. PLANNING STAFF INPUT: See Staff Report to the Planning Commission dated APPLICANT'S STATEMENT: Shawn Kelter, Grubb & Ellis, 2390 East 0rangewood, Anaheim, Ca. The property is now in Escrow. He also owns the adjoining property - Ohio Casualty. They are proposing a single-story, elbow shaped property. They have designed the property out on the corner away from the residents. It will be a 10,000 square-foot project. Through the ownership of the adjoining property, they have been able to increase the property to allow for parking in excess of the Code. It will be a convenience/retail operation such as a convenience retail store, a flower shop, a photo shop, etc. Councilman Pickler. The reason the Council approved the office building use after Ralph's market moved out was not to put retail back on that corner. He has a great deal of concern with the traffic and retail uses. When offices were proposed on the property, he felt that was how it was going to remain. Shawn Kelter. They are looking to accommodate a small convenience store but not a 24-hour use. The hours of operation will be 7:00 a.m. to midnight. PUBLIC DISCUSSION- IN FAVOR: None. 89 City Hall, Anaheim, California - COUNCIL MINUTES - January 26~ 1988~ 1:30 P.M. PUBLIC DISCUSSION- OPPOSITION: Kathrine Ahrenholtz, 2437 Powhattan. She is very opposed to any type of retail on that corner. It would greatly impact their neighborhood. According to the plans, the trash would be located behind their house. Right now there is a block wall behind all the houses on that strip which can be seen from the street. They are very concerned about crime and having the view of the wall obstructed. She is concerned with retail use. It will generate trash and noise. The proposal will decrease the desirability of the neighborhood and property values. R.L. Carter, 2433 East Lincoln. He has lived there for many years. In the last few years, the corner was "broken off" from what used to be the Raiph's lot and it was sold. The neighbors agreed to let them build a savings and loan. Instead of building a building, they transported two-halves of a structure in and dropped them on cement blocks which were there for a couple of years and then hauled off the property. The property is surrounded on three sides by residential - two sides by single-family and one side by apartments. He cannot see retail uses going into that corner. It will not fit the area. Traffic is also very bad at that corner. Circulation will be impossible. It is not right for retail to be proposed on that corner. Francis Nutto, 621 Jambolaya. He has no objection to a financial institution or offices going in on that corner but they do not need another convenience market at that location. There are already many others in the area. Jackie Botz, 2422 Paradise Road. She also addressed the traffic problem and the short-cut cars are already taking using Paradise Lane. Larry Ahrenholtz, 2437 Powhattan. He has lived there for 1 1/2 years. At present it is a quiet, clean and well kept neighborhood. A retail operation would not let the neighborhood remain as such. Convenience stores generate a lot of litter and a lot of extra traffic and activity. Traffic flow down Sunkist at present is very bad. There is already activity from the office building when they come and go which is tolerable, but if that were to occur all day long, it would be intolerable. They would like to preserve the quality of their neighborhood. SUMMATION BY APPLICANT: ShawnKeiter. He rebutted and countered the statements made by those who spoke in opposition. To develop the corner with office use does not make economic sense. 9O 48 City Hall, Anaheim, California - COUNCIL MINUTES - January 26, 1988, 1:30 P.M. COUNCIL ACTION: Mayor Bay closed the public hearing. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the Assistant City Clerk. (Resolution No. 88R-42) Councilwoman Kaywood moved to waive the reading in full of the resolution. Councilman Pickier seconded the motion. MOTION CARRIED. Councilwoman Kaywood offered Resolution No. 88R-42 for adoption, denying the request to amend Condition No. 12 in Resolution No. 85R-45. Refer to Resolution Book. RESOLUTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN APPLICATION TO AMEND CERTAIN CONDITIONS OF APPROVAL AS SET FORTH IN RESOLUTION NO. 75R-134 AS HERETOFORE AMENDED RELATING TO ZONING RECLASSIFICATION PROCEEDINGS NO. 74-75-26. Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCLLMEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay None None The Mayor declared Resolution No. 88R-42 duly passed and a~opted. City Attorney White announced that it is not necessary to take any action relative to amending Ordinance No. 4573 since the request was denied. ADJOURNMENT: Councilman Bay moved to adjourn. Councilwoman Kaywood seconded tim motion. MOTION CARRIED. (6:48 p.m.) ANN M. SAUVAGEAU,~