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1984/02/21City Ma!l, Anaheim, California - COUNCIL MINUTES - Februaz7 21, 1984, 10:00 A.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Bay, 0verholt, Pickler and Roth COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts ASSISTANT DIRECTOR FOR ZONING: Annika Santalahti Mayor Roth called the meeting to order and welcomed those in attendance to the Council meeting. INVOCATION: Father John Lenihan, St. Boniface Catholic Church, gave the Invocation. FLAG SALUTE: Council Member Miriam Kaywood led the assembly in the Pledge of Allegiance to the Flag. 119: RESOLUTION OF CONGRATULATIONS: A Resolution of Congratulations was Unanimously adopted by the City Council and presented to Roland Sharpless, Senior Real Property Agent, on the occasion of his retirement after 22 years of employment with the City. 119: RESOLUTION OF COMMENDATION: A Resolution of Commendation was unanimously a~opted 'by the City Council and presented to Dan Paun, Project Architect, Shamma Enterprises, for Honorable Mention for his design in the 1984 Olympic Gateway competition. 119: PROCLAMATION: The following proclamation was issued by Mayor Roth and auth6~l'z~d by the City Council: Olympic Torch Relay Day in Anaheim, February 21, 1984. MINUTES: Councilwoman Kaywood moved to approve the minutes of the regular meetings held January 24 and February 7, 1984. Councilman Pickler seconded the motion. MOTION CARRIED. WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilwoman Kaywood moved to waive the'reading in full of all ordinances and resolutions of the Agenda, after reading of the title thereof by the City Clerk, and that consent to waiver is hereby given by all Council Members, unless after reading of the title, specific request is made by a Council Member for the reading of such ordinances or resolutions in regular order. Councilman Bay seconded the motion. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE CITY in the amount of ~1,659,352.10, in accordance with the 1983-84 Budget, were approved. 152 tit7 Hall.,. Anaheim~ California - COUNCIL MINUTES - Februar7 21~ !.984~ 10:00 A.M. REQUEST FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss a matter of public security. Councilman Pickler moved to recess into Closed Session. Councilman Bay seconded the motion. MOTION CARRIED. (10:23 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (11:00 a.m.) CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Councilwoman Kaywood, seconded by Councilman Bay, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Councilwoman Kaywood offered Resolution Nos. 84R-73 through 84R-76, both inclusive, for adoption. Refer to Resolution Book. 1. 118: The following claims were filed against the City and action taken as recommended: A. Claims rejected and referred to Risk Management: 1. Claim submitted by Beverly Hartson for personal injury damages purportedly sustained due to tree branches being cut by City employees falling on claimant at Ball Road and Euclid Street, on or about October 20, 1983. 2. Claim subudtted by Eileen E. Russell for personal property damages to vehicle purportedly sustained due t° actions of parking attendant at the Convention Center, on or about December 17, 1983. 3. Claim submitted by Henry Ponteprino for personal property damages to answering phone and RCA T.V.-clock radio unit purportedly sustained due to drop in voltage caused by a broken wire at 751 North Olive Street, on or about December 29, 1983. 4. Claim submitted by Linda Biglands for personal injury damages purportedly sustained due to an accident in which a City-owned vehicle struck the claimant in the parking lot at 3360 West Lincoln, on or about November 29, 1983. 5. Claim submitted by Tracy Biglands for personal injury damages purportedly sustained due to an accident in which a City-owned vehicle struck the claimant in the parking lot at 3360 West Lincoln, on or about November 29, 1983. 6. Claim submitted by Roy W. DeWelles for loss purportedly sustained due to actions of Redevelopment at 76 Claudina Street, Suite 300, on or about October 21, 1983. 7. Claim submitted by O. Clyde Hardman for personal property damages to refrigerators purportedly sustained due to electricity failure at 602 South Chantilly, on or about December 18, 1983. 153 City Hall, Ana.heim, California - COUNCIL MINUTES - Februar~ 21, 1984, 10:00 A.M. 8. Claim submitted by Juana H. Carrion for personal property damages to carpets and tile purportedly sustained due to actions of City sewer maintenance crew at 905 1/2 East Broadway, on or about October 9, 1983. 9. Claim submitted by Cathy Day for personal property damages purportedly sustained due to incorrect clearing of sewer blockage at 901-B East Broadway, on or about October 10, 1983. 10. Claim submitted by Firemen's Fund, Morgan Enterprises, Insured, for damages to vehicle purportedly sustained when City employee rear-ended insured's car on Ball Road, 40 feet east of East Street, on or about November 28, 1983. B. Claims rejected and referred to Governmental Programs Division/Markel Services, Inc: ii. Claim submitted by Terrill Monroe Cannon for personal property loss of watch purportedly sustained due to actions of an Anaheim Police Officer on Lola Street, on or about December 8, 1983. 12. Claim submitted by Bank of America for indemnity based on Orange County Superior Court Case No. 41-41-40, Richard L. Hooiey, Rita M. Hooiey, Plaintiffs, vs. Bank of America National Trust and Savings Association, City of Anaheim, Anaheim Police Department and Does 1 through 200, inclusive, Defendants, purportedly occurring on or about October 24, 1983. 2. The following correspondence was ordered received and filed: a. 105: Youth Commission--Minutes of January 11, 1984. b. 105: Public Utilities Board--Minutes of February 2, 1984 (Unapproved). 3. 108: The following application was approved in accordance with the recommendations of the Chief of Police: a. Entertainment Permit, James Lawrence Schumann, Flashdance, 2810 West Lincoln Avenue, for 1 to 4 entertainers, Tuesday through Saturday, from 9:00 p.m. to 1:30 a.m.. 4. 179: Consenting to the cancellation of M-1 Deed Restrictions imposed as a condition of approval under Reclassification No. 59-60-23, property located at 2300 East Katella Avenue, L. C. Smull, owner. 5. 123: Authorizing an agreement with Public Management Consultants Associates in the amount of ~3,250 plus travel and per diem, to conduct a one-day In Search of Excellence Workshop for management staff. 6. 128: Receiving and filing the Monthly Financial Analysis for the six-month period ended December 31, 1983. 154 Ci.t7 Ha!l,. Anaheim, California - COUNCIL MINUTES - Februar7 21, 1984~ 10:00. ~..M. 7. 123: Authorizing the Acting City Engineer to execute a letter agreement with Smith-Emery Company in the amount of ~3,000 for testing and the preparation of a materials report on City-owned property located on the south side of Ball Road between the Santa Aha River and the Orange (57) Freeway. 8. 151: Authorizing an Encroachment License with Pacesetter Homes, Inc., to allow encroachment of various improvements, including a retaining wall and raised wood decking within a portion of a City sewer easement located in Tract No. 11426. (83-4E) 9. 160: Authorizing the Purchasing Agent to issue a purchase order to IBM in the amount of $28,473.72 for the purchase of one IBM copier, Model 60, Series III. 10. 160: Accepting the bid of Westinghouse Electric Company in the amount of $57,867.52 ~or two each 150 KVA, two each 300 KVA, two each 500 KVA, and one each 1000 KVA three-phase fused padmount transformers, in accordance with Bid No. 4068. 11. 160: Accepting the low bid of APCO Valve and Primer Corporation in the amount of $12,563.12 for one each 6-inch, and one each 20-inch Globe Type Silent Check Valve, in accordance with Bid No. 4071. 12. 160: Accepting the bid of General Electric Company in the amount of $43,211.96 for two each 500 KVA, and two each 750 KVA three-phase padmount transformers, in accordance with Bid No. 4075. 164: RESOLUTION NO. 84R-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REJECTING ALL BIDS RECEIVED UP TO THE HOUR OF 2:00 P.M. ON THE 2ND DAY OF FEBRUARY, 1984, FOR THE OLIVE HILLS RESERVOIR STORM DRAIN CHANNEL REPAIR, ACCOUNT NO. 51-479-6329-17280-70810, AND READVERTISING THE REQUEST FOR BIDS THEREON. (Bids to be opened March 22, 1984, 2:00 p.m.) 175: RESOLUTION NO. 84R-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AWARDING A CONTRACT FOR THE LA PALMA 3 M.G. RESERVOIR, IN THE CITY OF ANAHEIM, ROOF REHABILITATION, ACCOUNT NO. 51-479-6329-17260-75600. (D E B Enterprises, Inc., $92,238) 169: RESOLUTION NO. 84R-75: A RESOLUTION OF THE CITY OF ANA/{EIM AWARDING A CONTRACT FOR THE KELLOGG DRIVE STREET IMPROVEMENT, 123' SOUTH OF 0RANGETHORPE AVENUE TO LA PALMA AVENUE, IN THE CITY OF ANA~r~IM, ACCOUNT NO. 46-792-6325-E2930. (R. J. Noble Company, $108,719.20) 158: RESOLUTION NO. 84R-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING CERTAIN DEEDS AND ORDERING THEIR RECORDATION. (Grace F. Hahn; Ktmm A. Richardson, et ux.; Tat International, Inc.) 155 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1984, 10:00 A.M. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None MOTION CARRIED. The Mayor declared Resolution Nos. 84R-73 through 84R-76, both inclusive, duly passed and adopted. 108: APPLICATION FOR POOL ROOM PERMIT - ORANGE COUNTY SPORTS ARENA, INC: Application submitted by Tony Margerum, Orange County Sports Arena, Inc., 2i31 West Lincoln Avenue, for 20 pool tables. Councilman Overholt moved to continue the subject request for a Pool Room Permit to be heard in conjunction with the Conditional Use Permit. Councilman Pickier seconded the motion. MOTION CARRIED. 142/140: ORDINANCE NO. 4482: Councilwoman Kaywood offered Ordinance No. 4482 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4482: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 17.08.385 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS. (establishing Public Library Facilities Benefit Areas-- Payment of Fees Required) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overhoit, Pickler and Roth None None The Mayor declared Ordinance No. 4482 duly passed and adopted. 142/164: ORDINANCE NO. 4483: Councilman Pickier offered Ordinance No. 4483 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4483: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 10.12.O70 THERETO. (relating to sewer connection charges) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance No. 4483 duly passed and adopted. 142/108: ORDINANCE NO. 4484: Councilman Overholt offered Ordinance No. 4484 for adoption. Refer to Ordinance Book. 156 City N~ll~ Anaheim, California - COUNCIL MINUTES - February 2.1., 1984, 10:.00 A..M. ORDINANCE NO. 4484: AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTIONS 2.12'.015 AND 2.12.075, AND AMENDING SECTIONS 2.12.020, 2.12.030, 2.12.040, 2.12.045, 2.12.050, 2.12.060, 2.12.070, 2.12.080, 2.12.090 AND 2.12.110 OF CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance No. 4484 duly passed and adopted. 179: ORDINANCE NO. 4485: Councilwoman Kaywood offered Ordinance No. 4485 for adoption' 'Refer to Ordinance Book. ORDINANCE NO. 4485: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (74-75-21(5), ML, east of Orange Freeway, south of Taft Avenue) Roll Call Vote: AYES: NOES: AB SENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance No. 4485 duly passed and adopted. 179: ORDINANCE NO. 4486: Councilwoman Kaywood offered Ordinance No. 4486 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4486: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (82-83-25, ML, east of Orange Freeway, north of the S.P.R.R.) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth None None The Mayor declared Ordinance No. 4486 duly passed and adopted. 179: ORDINANCE NO. 4487: Councilman Pickler offered Ordinance No. 4487 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4487: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-64(3), RM-2400(SC), southeast corner of Santa Aha Canyon Road and Weir Canyon Road, Tract No. 10983) 157 City Hall~ Anaheim., California - COUNCIL MINUTES - FebruarY 21, 1984, 10:00 A.M. Before a vote was taken, Councilwoman Kaywood stated she recalled that the subject was to be RM-3000 zoning. Annika Santalahti, Assistant Director for Zoning, answered that this particular piece of property in the Planned Community (PC) 0veriay was indicated as RM-2400 for that area although, in fact, the development was condominiums, RM-3000. Councilwoman Kaywood then asked if it would be safer to have RM-3000 zoning; Miss Santalahti explained that the zoning required chat it be consistent with the Tentative Tract. They had discussed the matter at great length. The original proposal had been R M-2400 and they had never changed that in order to be consistent. The way it was being handled was acceptable. Councilwoman Kaywood asked if that would mean that the applicant could subsequently request to change the maximum; Miss Santalahti answered, "no," it did not. They were required co go with the particular tract that was identified, that being one unit per lot, and they could not increase the density. Any changes would take a new public hearing, even though the zoning was RM-2400. They would have to refile entirely on the project. She did not believe there was any way they could increase the density without the subject being totally discussed again. A vote was then taken on the foregoing ordinance. Roll Call Vote: AYES: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None ~ The Mayor declared Ordinance No. 4487 duly passed and adopted. 179: ORDINANCE NO. 4488: Councilwoman Kaywood offered Ordinance No. 4488 for adoption. Refer to Ordinance Book. ORDINANCE NO. 4488: AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (77-78-64(4), RS-5000(SC), south of the southeast corner of Santa Ana Canyon Road and Weir Canyon Road, Tract No. 10984) Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, 0verholt, Pickler and Roth None None The Mayor declared Ordinance No. 4488 duly passed and adopted. 158 Cit7 Hall.~.Anaheim~ California - COUNCIL MINUTES - February 2!~ 1984.~..10:00 A.M. 144: PROPqSED DUMP SITE AND JAIL FACILITY: Councilman Pickler reported that on February 16, 1984, he attended an Orange County Waste Management Advisory Committee meeting wherein he suggested to the administration at the County that relative to the facilities being considered for location in the Gypsum/Coal Canyon area, that the matter should come before the Commission prior to going to the Board of Supervisors. They asked for an extension of time, so that they could peruse the report of the administration, and they received unanimous approval on that. Councilman Overholt commented that the subject was still the number one issue and Supervisor Nestande was meeting tonight with representatives of homeowners groups in Anaheim Rills. He felt the real pressure had to come from the homeowners; Mayor Roth also commented on the subject, reporting on recent conversations he had with Supervisor Nestande, as well as sharing other information that was evolving with regard to the sites under consideration, which were in Anaheim's Sphere of Influence. REQUES? FOR CLOSED SESSION: The City Manager requested a Closed Session to discuss labor relations and' litigation with no action anticipated; the City Attorney requested a Closed Session to discuss litigation, potential litigation and a personnel matter, with possible action anticipated. Councilman Roth moved to recess into Closed Session and a lunch break. Councilman Pickler seconded the motion. MOTION CARRIED. (11:20 a.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (1:50 p.m.) 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2428 AND NEGATIVE DECLARATION: kpPlication submitt'ed by Larry R. Smith, to permit a billboard on CL zoned property located on the north side of Ball Road, west of Knott Street, with the following Code waivers: (a) maximum display area, and (b) maximum height. The City Planning Commission, pursuant to Resolution No. PC83-63, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act on the basis that there will be no significant individual or cumulative adverse environmental impact due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and further denied Conditional Use Permit No. 2428. The decision of the Planning Commission was appealed by Foster and Kleiser, Agent, and public hearing scheduled and continued from the meetings of May 10, June 7 and July 26 and November 22, 1983, to this date. 159 City Hall~ Anaheim, California - COUNCIL MINUTES - February 21, 1984,' !0:00 A.M. City Clerk Linda Roberts announced that a letter dated February 16, 1984, had been received from Robert Vermon of Foster and Kleiser, Agent for the applicant, requesting a 60-day continuance of the public hearing. Mayor Roth first asked if anybody was present to speak on the matter. Mrs. Joyce Keeter, 716 South Kenmore, stated she was again present, as she had been at all previous meetings where the issue had been continued. Mayor Roth then explained the reason for the extended continuances, mainly due to the fact that staff was working on recommendations to be incorporated into a proposed ordinance regarding billboards and that was not yet complete. He gave Mrs. Keeter the opportunity to give her testimony today or if she preferred, to return should the Council act favorably on the request for a continuance; Mrs. Keeter preferred to be present when the matter was discussed. MOTION: Councilman Roth moved to continue the public hearing on Conditional Use Permit No. 2428 and negative declaration therefor to April 17, 1984, at 1:30 p.m., as requested by the agent. Councilman Bay seconded the motion. Councilwoman Kaywood voted "No." MOTION CARRIED. 179: CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2438 AND NEGATIVE DECLARATION: Application submitted by La Palma Business Park, to permit a billboard on ML zoned property located at the northeast corner of White Star Avenue and Armando Street, with the following Code waivers: (a) maximum display area, and (b) maximum height. The City Planning Commission, pursuant to Resolution No. PC83-95, declared that the subject project be exempt from the requirement to file an Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act on the basis that there will be no significant individual or cnmulative adverse environmental impact due to the approval of this negative declaration, since the Anaheim General Plan designates the subject property for general industrial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; and that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and further denied Conditional Use Permit No. 2438. The decision of the Planning Commission was appealed by Robert D. Mickelson, Agent, and public hearing scheduled and continued from the meetings of June 7 and July 26 and November 22, 1983, to this date. City Clerk Roberts announced that a letter dated February 16, 1984, had been received from Robert D. Mickelson Planning Consultants, Agents for the applicant, requesting a continuation of the subject public hearing to an appropriate date, allowing further time for staff to complete their studies on the billboard ordinance. The Mayor asked if anyone wished to speak to the subject; no one wished to speak. 160 Cit7 Hal!~ Anaheim~ C.a!.i.f.ornia - COUNCIL MINUTES - Februar~' 21~ 1984~ 10.:00 A.M. MOTION: Councilman Bay moved to continue the public hearing on Conditional Use Permit No. 2438 and negative declaration therefor to April 17, 1984, at 1:30 p.m. Councilman Pickler seconded the motion. Councilwoman Kaywood voted "No." MOTION CARRIED. 179: REHEARING - VARIANCE NO. 3350 AND NEGATIVE DECLARATION: Application submitted by Alfredo Silva Ceballos, et al, to retain an illegal dwelling unit and to construct a garage on RM-1200 zoned property located at 428 and 428-1/2 South Melrose Street, with the following Code waivers: (a) minimum vehicular accessway, (b) minimum number and type of parking spaces, (c) minimum lot area per dwelling unit, (d) maximum lot coverage, (e) minimum floor area, (f) minimum landscaped setback, and (g) mirttmum sideyard setback. The City Planning Commission, pursuant to Resolution No. PC83-212, 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, and further, granted Variance No. 3350, in part, subject to the following conditions: 1. That plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building~ Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 2. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1, showing two detached dwellings. 5. That Condition Nos. 1 and 3, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 6. That prior to final building and zoning inspections, Condition Nos. 2 and 4, above-mentioned, shall be complied with. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled January 10, 1984 (see minutes that date). At that public hearing, the Council granted a negative declaration status for the project, but denied Variance No. 3350. 161 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1984, 10:00 A.M. On January 17, 1984, the Council considered an Affidavit of Merit submitted by Mr. Cebailos, requesting a rehearing on Variance No. 3350. The Council granted the request subject to a ~50 fee to help defray the cost of legal advertising, and a public hearing scheduled this date. The Mayor asked if the applicant or applicant's agent was present. Mr. Aifredo Silva Ceballos, the owner of the property on South Melrose, was present to answer any questions. Councilwoman Kaywood asked staff the current status of the property. Miss Santaiahti answered that they had not done a recent field check on the property since the Council set the matter for a rehearing. Mr. Cebalios had modified his request--instead of having two additional units on the property beyond the original single house, there was to be only one additional unit. Mr. Cebailos would have to comment as to whether or not he had done any additional work in the interim. Mr. Ceballos, answering the Mayor, said he had done additional work, but at present, construction had stopped. Councilman Pickler noted that the Affidavit of Merit submitted by Mr. Ceballos stated that, "I am already bringing the building addition into conformance with Code as per the Planning Commission." Me asked Mr. Ceballos what he was doing to bring it into conformance. Mr. Ceballos answered that he was going to meet everything as requested in the Code. The lot was presently in bad shape. Councilman Pickler asked staff what had to be done to bring the property into conformance; Miss Santalahti answered that they originally proposed a garage be constructed within a setback area. She believed that part of that had been removed, which was what the Commission requested. Mr. Ceballos had pulled no permits for any of the work on what appeared to be the third unit. Now he was combining what was the second unit with a new third one to make just one bigger unit. He had to get building permits for all of that work; he did not have those and would not unless the Council approved the Variance. Mayor Roth stated he felt what Mr. Ceballos was saying, he did not want to proceed with any work until he found out Council's action. Councilman Pickler stated before he could make a decision, he would have to know from staff what had to be done to bring the property into conformance with Code. Mayor Roth explained that the existing structure had to be brought up to minimum Building codes as required by the Planning Commission. If the Council denied the request, undoubtedly nothing would be done to the property and the City gained nothing, the alternative being to commence litigation proceedings to have Mr. Ceballos remove the existing building. 162 Hal.i! Anaheim, Cal.ifornia' - COUNCIL, MINUTES - F. ebrua.r[ 21.., 1984,.. 10:00 A.M. Councilman Pickler noted that there were seven waivers requested and he wanted to know if staff was saying they wanted the Council to approve those waivers if the applicant brought everything else into conformance. Miss Santalahti answered that the proposal as approved by the Planning Commission deleted waivers (d) maximum lot coverage, (f) minimum landscaped setback and (g) minimum sideyard setback and, therefore, only the remaining four waivers would have to be granted. At the Commission level, they were concerned whether the structure could be brought up to Code. The Building Division sent someone out to inspect the property and it was determ/ned from what they could see that Mr. Ceballos could probably bring it up to Code, but he was going to have to do some work. Councilwoman Kaywood asked if a Code Enforcement Officer was sent to the site as they had requested at the last hearing (see m/nutes from January 10, 1984); Miss Santalahti answered, "yes." There was some work done in connectionwith a trailer on one of the adjacent properties and they were going to be going out again relative to the "junk" that was stored in the area as well. The Mayor clarified that the Junk was not on Mr. Ceballos' property, but on the property directly to the rear. M/ss Santalahti stated that was correct and also confirmed for Councilwoman Kaywood that the trailers which were also of concern at the previous meeting were not on Mr. Ceballos' property. Mr. Ceballos then stated that relative to waiver (e), the unit was constructed with 468 square feet. He had now added 274 square feet for a total of 742 square feet, which was closer to the requirement of 1225 square feet. It was going to be better than before. Councilwoman Kaywood asked if it was going to be 724 square feet for one apartment with one bedroom; Mr. Ceballos stated it was two bedrooms and one bath. There were still two units on the lot. It had two park/ng spaces and they were going to add two more to make four parking spaces. Mayor Roth asked staff if the proposal included the construction of two garages; Miss Santalahti answered, "no," and that the spaces were all open parking. Mr. Ceballos interjected and confirmed that two parking spaces would be in the garage and there would be two more open spaces. The Mayor asked if anyone was present to speak, either in favor or in opposition. Mrs. Maria Tienda, 329 South Melrose, stated she had received a second notice about the hearing and that was why she was present. For her, there was no problem in what Mr. Ceballos was doing on his property. She did not know exactly what he was doing, but felt if Mr. Ceballos was going to build new garages, that would be nice, and better than the old garages that were there before. It would be nice to have everything updated. 163 City Rall, Anaheim~ California- COUNCIL MINUTES- February 21, 1984~ !0:00 A.M. There being no further persons who wished to speak, the Mayor closed the public hearing. Mayor Roth noted that Mr. Ceballos had left the public hearing, apparently thinking that his presence was no longer required. Councilwoman Kaywood stated she would like to have Mr. Ceballos present to agree to some stipulations; however, with only four waivers remaining and considering the deplorable condition of the property, anything Mr. Cebailos would do would be an improvement. If he could bring everything up to Code and live within the City Codes, then she was willing to offer a resolution of approval, since she viewed it as an upgrade of the neighborhood. Mayor Roth noted that the conditions of the Planning Commission required that the property be brought up to Code. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Overholt, 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. Councilwoman Kaywood offered Resolution No. 84R-77 for adoption, granting Variance No. 3350, subject to ail City Planning Commission conditions, and with the understanding that Mr. Ceballos would meet Codes and upgrade the area as soon as possible. Refer to Resolution Book. RESOLUTION NO. 84R-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3350, IN PART. Roll Call Vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickier and Roth None None The Mayor declared Resolution No. 84R-77 duly passed and adopted. 179: REHEARING - RECLASSIFICATION NO. 83-84-7, CONDITIONAL USE PERMIT NO. 2499 AND NEGATIVE DECLARATION: Application submitted by Gloria H. Miller and Dorothy H. Hurley, for a change in zone from RS-A-43,000 to RM-1200, to permit a 79-unit (senior citizen's) apartment complex on property located at 2620 West Ball Road, with the following Code waivers: (a) minimum building site area, (b) maximum structural height, (c) maximum site coverage, (d) minimum floor area, (e) minimum recreational-leisure area, (f) minimum private recreation-leisure area, (g) permitted encroachments into required yards, (h) minimum distance between buildings. 164 City Hall~ Anaheim.~. Ca!!f. grnia - COUNCIL MINUTES - February 21..~ 198.4~. 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC83-213, 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, and further, granted Reclassification No. 83-84-7 and Conditional Use Permit No. 2499, subject to certain conditions. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of December 6, 1983, and a public hearing scheduled January 10, 1984 (see minutes that date). At that meeting, after extensive discussion and input, the Council disapproved a negative declaration status for the project and denied both the Reclassification and the Conditional Use Permit. On January 17, 1984, the Council considered an Affidavit of Merit subm/tted by Mr. Pene requesting a rehearing on Reclassification No. 83-84-7, Conditional Use Permit No. 2499 and the negative declaration. The Council granted the request subject to a $50 fee to help defray legal advertising costs and public hearing scheduled this date. The City Clerk advised that a letter of opposition had been received this date from Mrs. Diane Reese and copies furnished to each Council Member. The Mayor asked to hear from the applicant or applicant's agent. Mr. Bill Pene, G. G. P. Associates, developer, 5015 Burke, Newport Beach, Suite 7, asked first to make a brief s,,mmary of the project and then to identify specific changes made and subsequently address the area of density. Councilwoman Kaywood interjected and asked if he had a revision to his plan and if it had been presented to staff; Mr. Pene answered that he did have a revision with him, but he had not yet given it to staff. He was trying to get feedback from Council Members and had met with two of them, and also met with the Senior Citizen Commission in the last few weeks. Councilwoman Kaywood stated that there had been ample time for revised plans to be submitted to staff. He (Pene) was not going to walk in and show them something new that nobody had seen. Staff did not have an opportunity to view those plans or comment on them and the Council also had seen nothing. Mr. Pene stated that mainly what he had done was cut the density, but the overall plan was basically the same. Mr. Pene then continued with his presentation and reported that they were proposing a 70- to 72-unit senior citizen project consisting of 52 one-bedroom units and 20 studio units. They were on the borderline economically between the 70 and 72. They would llke to have the 72 and believed they could Justify that amount, but he would leave that to the discretion of the Council. He gave a brief s,m-,ary of the project and then read the following changes which had been made to the initial proposal presented to the Council on January 10, 1984: (1) A letter concurring with the Anaheim Housing Authority to draft an 165 City Hall, Anaheim.~ California - COUNCIL MINUTES - February 21, 1984, 10:00 A.M. affordable housing agreement for 25 percent of the units to comply with HUD Section 8 guidelines has been signed. (2) Recordation of a covenant with the City of Anaheim that requires at least one tenant of each dwelling unit to be age 60. The complex shall be maintained for senior citizen housing for a period of no less than 30 years. Studio units will be limited to one tenant. One-bedroom units will be limited to a maximum of two tenants. The form and content of said covenant shall be reviewed and approved by the City Attorney's office prior to recording. (3) A recreation room will be provided. (4) There will be 110 parking spaces. At least 72 will be covered. This is 1.52 spaces per dwelling unit. Only .8 is required by Code. (5) The carports to the south and west of the project will have wooden storage lockers attached and hanging down from the top of the carport next to the wail, thus cutting off any opening between the top of the wall and the top of the carport. Carports will be approximately 8 1/2 feet high. They will be wood post and beam for a nice appearance and drainage would be back on to the property. The south wall to the rear of the project is 8 1/2 feet high at the southeast corner, going up to 10 feet at the southwest corner. An 8-foot high wall will be constructed along the west property line separating it from the Blume property. (6) A 2 1/2-foot high wooden visual screen on top of the west carport 60 feet long from the southwest corner will be constructed to block any visual views from the units into Blume's back yard, subject to the approval of the Anaheim Building Department. (7) Based on a meeting with the Anaheim Senior Citizen Commission, it was suggested the swimming pool is not necessary. The spa would be a good addition. The Commission's recommendations to omit the pool and build a spa along with gas barbeques and a picnic area would be followed. Topa Management would be used to manage the property, the same managers of the Village Centre. Mr. Pene then addressed the area of density by use of a comparison chart, the numbers for which were obtained from the Planning Department. He compared his project with two other projects approved in the City, one at 950 South Gilbert and the other at 1250 East La Palma Avenue. The comparison considered the number of units, lot size-acreage, total building area, the percentage of building to lot size, and the number of people per project and per acre. Mr. Pene's thrust was the fact that his proposed project compared favorably with the other two. He then submitted his revised plans and also referred to the rendering of the project he had also submitted, which was posted on the Chambers wall. Councilman Pickler wanted to make it clear at the outset that due to the fact that the plans had not first been presented to the Planning Department for analysis and subsequent recommendations, he would not vote for the project today, whether he liked it or not, and suggested that the matter be continued, so that staff could make their analysis and report. Mayor Roth asked how many were present in the Chambers audience on the issue (there were approximately 20 people) and how many wished to give testimony (there were approximately five). He suggested that they could take their testimony today, but it was likely that the matter would be continued. 166 Cit7 Ha.ll,. Anaheim,..Ca..1.!forn.~a.,- COUNCIL MINUTES - Febru.arT. 21, 1984, 1.0.:00 A.M. Councilman Overholt stated he would second a motion for continuance, but would be happy to take testimony from anybody who wished to give it today. He also felt it was presumptive to present plans to the Council without first going through staff. He would not vote on the matter today as well. Councilwoman Kaywood then questioned Mr. Pene relative to different aspects of the project, particularly with regard to the proposed carports. Her understanding from his explanation was that the carports were going to be a roof on stilts. Mr. Pene explained that after the opposition that was expressed at the last meeting over the open space that would be left from the top of the carports to the top of the wall, he was now going to cover that open space by attaching wooden storage lockers. There was, however, no wall on the carport. Councilwoman Kaywood stated that her definition of a carport was a structure that had a wall on all three sides; Mr. Pene confirmed that there was no wall on the rear of the carport, but that there would be walls all the way around the property. However, the wall would not go to the top of the carport. They agreed to go eight feet, but to go beyond that would involve a substantial cost. Councilman Bay asked why they were not capping the top of the carport. Rather than bringing the wall up an extra foot, he questioned why they could not come down and close the area. Mr. Pene stated that they could do that by coming down from the roof with some wood, but another way would be to construct the storage lockers as he had explained. Mayor Roth asked to hear from those who wished to speak. Mr. Alvin A. Sugarman, 12562 Ocean Breeze Drive, Garden Grove, developer of the contiguous property on the south side of the applicant's project, stated that the wall on the property belonged to the people of Meadow-view Park. It was not part of any carport and there would be no additional wall constructed and nothing would be attached to the existing wall. He was interested in protecting the people who bought the six homes adjacent to the property. He wanted to speak today, since he came back from vacation to do so. The six homes were built to Code with specific open spaces, and they all had a back yard. They did not want a carport to the rear, or any kind of covered enclosure behind those six homes. It was not much of a request, because there were many other things the developer could do, such as putting a greenbelt across that 160-foot stretch of the yard, possibly two trees in back of each unit and in addition, instead of the 20 parking spaces, cut those spaces to 16 and put them at an angle. He still had 1.5 park/ng spaces per unit, which was within the Code, but not permitted in a normal apartment complex. If he cut four or five units, it would not do any damage to his project, but would assist the people in the rear. He strongly recommended if they approved the project, they should look at the reason for havin§ the parking behind those 167 Cit~.~all, Anaheim~ ..California - COUNCIL MINUTES - February 21~ 1984~ 10:00 A.M. homes. If he constructed a 10-foot wall, it would be detrimental uo the back yards that were only 10 feet or 12 feet. Further, fill was going to have to be added on the property of at least two feet and, therefore, the wall was getting shortened on the other side. He would then have a 6-foot wall on his side and if the carports had an 8 1/2-foot roof, there would be a 2 1/2-foot gap and not just one foot. Mr. Sugarman then confirmed for Councilwoman Kaywood that if the project was not truly a senior citizen project, he would be "dead against it." Further, the size of the greenbelt he had in mind was three to four feet and as much as 15 feet. Mr. Herb Eggett, 904 South Bruce Street, stated emphatically that he was in favor of the project although he thought it was on property several blocks away. Mr. Anthony Giagnocavo, 322 North Olive, Anaheim resident 8 months, stated that there was a shortage of housing for senior citizens and the developer was going to use private funds to build senior citizen housing, which was something they did not often see. He was in favor of the project. It was not too small for a senior citizen around 80 years old and it should be approved. Mr. John Shanahan, 1215 South Empire, stated relative to Mr. Pene addressing the Senior Citizen Commission, the Commission was open to the public and he (Pene) was an unscheduled speaker. The Commission did discuss the project and their position remained in favor as of the last hearing. He then explained for Councilman Pickler that the Commission was not qualified to discuss zoning and all they got into was whether there should be a pool or a jacuzzi or things of a general nature. They made no recommendations and would never be in a position to make recommendations relative to size, number of parking spaces, etc. Mr. Roger Friermuth, President of the Meadowview Park Homeowners Association and also speaking on his own behalf, stated he felt Mr. Pene had been working with the neighbors just as with the Council in that since the last meeting, he (Friermuth) had been expecting to meet with Mr. Pene or his representative, but they had had no contact whatsoever. On their own, they had come up with their proposal for City consideration. They were asking for some sort of division between the development and their property. They were not opposed to the development, even though they did not like it. Working from a drawing, Mr. Friermuth explained that they were asking for as much as a 15-foot separation with a greenbelt only in that portion of the property directly behind their homes. He thereupon submitted the drawing to the City. Councilwoman Kaywood asked how many feet were involved; Mr. Friermuth answered that six units were involved, and each of them had approximately 25- to 30-foot back yards and thus approximately 180 feet total. Their fence was 49 feet from the proposed building that would be at the rear of the property. When he did some minor calculations on the plan, he found out that 42 percent of the land was devoted strictly to driveways, parking and the automobile, which he felt was unfortunate. Even with that 50-foot separation, he felt that there ought to be plenty of room for at least ten feet of greenbelt, 168 Cit7 Hall~ Anaheim~..Ca!ifornia - COUNCIL MINUTES - February 21.~ 198.4.~ 10:00 A.M. leaving 20 feet to park a car and a 20-foot driveway. He felt it would be cheaper to plant a few trees rather than construct a carport, the only problem being there would not be as many covered spaces as the developer would like on the project. Mr. Bernard Blume, 2368 West Ball Road, property owner to the west, stated in order to diffuse the issue of how his security and privacy was to be protected, he wanted to know if it was possible to have Mr. Pene stipulate that there would be a solid wall from the ground to the top of the carport along with a three-foot parapet wall, the purpose for which would be to block the view of the balconies into his property. That had always been his concern. What Mr. Pene Was planning to do relative to the carport was very unconventional. Everyone he had spoken with could not understand why Mr. Pene would not back off on that issue, because there was not that much cost differential in building an 8-foot wall and building a solid wall to the roof of the carport. He (Blume) did not feel they were being unreasonable. They were neglecting to take into account the fact that when the ground fill was added, the wall was going to be lifted and it was five feet from his house, thereby block/ng all light to his property. He had not complained about that and all he was saying, he would live with the solid wall and the darkness, but he did not want that visual intrusion; he wanted his safety protected, and also to be protected from the noise and the fumes. No one else wished to speak. Mr. Pene then stated it was not his intention to go around the Planning staff and the drawing bad Just come "off the press." He almost did not come back, because they had made concessions relative to the plan to an economic bottom line for them. His intentions were clear--they wanted to provide senior housing. He had done a great deal for elderly people around the country and this was an extension of his feeling about helping elderly people in providing a senior citizen complex. He was at the point, however, where he felt a continuance was probably in all their best interests. Mayor Roth asked, if the hearing was continued, for Mr. Pene to please meet with the Homeowners Association, as well as with Mr. Blume. He (Roth) was looking for a compromise. There was a need, but the Council wanted to protect the integrity of the neighborhood as well. Councilwoman Kaywood stated she wanted to make it very clear that relative to the carport, she wanted the back wall fully enclosed with no opening at the top. Councilman Bay stated there was no argument relative to the need; however, the way Mr. Pene did things was not basically the way they did things in Anaheim. From his standpoint when a request was den/ed and there was a rehearing and the developer had been told of the changes the people would like, the move to meet individually with Council Members was not a popular thing in the City of Anaheim. 169 City Hall, Anaheim., .~alifornia - COUNCIL MINUTES - F~bruar~ 21,.1~84, 10:00 A.M. Councilwoman Kaywood then read a portion of a letter dated February 15, 1984 (paragraphs 3, 4 and 5), submitted by Diane E. Reece, because she could not be present at today's hearing (letter made a part of the record), the essence being the following: Mrs. Reece expressed her thanks for the Council's previous denial of the proposed project and then gave additional input relative to her feelings--that the project would be an eyesore for the entire community and set a precedence for the whole City, that the cramped conditions and poor facilities made one question what type of person would consider living there, that the development as proposed would not meet the needs of senior citizens and that the project would turn into a slum. She hoped that the Council would continue to uphold the high standards of the City and continue to protect its citizens from people who would use the City as a means of enriching themselves at the expense of others. Frances Scherman, 1396 Damon Avenue, stated she was very interested in housing for seniors, because she was working for seniors. They should be aware of the very large senior population in Anaheim, and that the United States this year did an aging population and found that there were more seniors, people above the age of 60, than anything else. She attended a housing meeting that morning where it was revealed that they had 1600 seniors on a waiting list for housing. Those were some of the things the Council had to address. Mayor Roth closed the public hearing, but stated that any member of the Council could open it for questions. Councilman Pickler stated to allow a project to be built because it was needed, if it was going to fail apart in a couple of years, would be detrimental. They had to consider the 230,000 citizens of Anaheim, not just a certain group, and they had to look at the future in that area. He again broached the subject of having guidelines set relative to senior citizen projects through the means of bringing together staff, senior citizens and developers. He felt it was important relative to future actions on senior projects. MOTION: Councilman Pickier moved to continue the public hearing on Reclassification No. 83-84-7, Conditional Use Permit No. 2499 and negative declaration therefor to March 20, 1984, at 1:30 p.m. Councilman 0verholt seconded the motion. Before a vote was taken, Councilman Pickler asked relative to his suggestion, how the Council felt. Councilman Bay stated that normally when they wanted to devise some new guidelines, they had a workshop meeting with the Planning Commission while directing staff to provide some alternatives. Right now, State guidelines provided for a 25 percent density bonus in setting up controls that met HUD requirements. He felt if they really wanted to get into the issue, that a workshop be set up with the Planning Commission, City Council and Senior Citizen Commission, the latter included not so much from a technical viewpoint, but from their view as to their needs. The Council was knowledgeable of those 170 Cit~ Hall, Anaheim,.California - COUNCIL MINUTES - Februar7 21, ~984.~. 10:00 A.M. needs, but the problem presented itself when they started walking the "razor's edge" between the economic feasibility of development, so that rents could be reasonable, and density control that they try to hold to in the City. He recommended that a workshop be set up starting with recommendations from staff. Councilman Overholt felt that the Senior Citizen Commission should feel free · and be encouraged to express a view on anything they wanted to. A vote was then taken on the foregoing motion, as well as requesting staff to set up a workshop with the Planning Commission, Council and Senior Citizen Commission and developers, to discuss and devise guidelines for development of senior citizen projects in the City. MOTION CARRIED UNANIMOUSLY. RECESS: Councilman Roth moved to recess for five minutes. Councilman Pickler seconded the motion. MOTION CARRIED. (3:27 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present. (3:35 p.m.) 161.107: PUBLIC REARING - HOUSE MOVE-ON: Request of the Anaheim Redevelopment Agency, to move a house from 219 South Lemon Street to 902 East Cypress Street. Submitted was a report from the Building Division dated January 30, 1984, recommending approval of the subject request, conditioned upon compliance with City of Anaheim Building, Plumbing, Electrical and Mechanical Codes. The Mayor asked if anyone wished to speak, either in favor or in opposition; there being no response, he closed the public hearing. Councilwoman Kaywood offered Resolution No. 84R-78 for adoption, approving the request for the house move-on. Refer to Resolution Book. RESOLUTION NO. 84R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIh kPPROVING A HOUSE MOVING PERMIT TO MOVE A SINGLE FAMILY STRUCTURE TO 902 E. CYPRESS STREET IN THE CITY OF ANAHEIM. Roll Call Vote: AYES: COUNCIL M~MBERS: Kaywood, Overholt, Pickler and Roth NO, S: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None The Mayor declared Resolution No. 84R-78 duly passed and adopted. 179: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2526 AND NEGATIVE DECLARATION: Application submitted by Robert M., Jr., and Marilyn Shepard, to permit an 8-unit senior citizens' apartment complex on RM-2400 zoned property located at 615 West Broadway. 171 Cit~ Hall, ~naheim, California - COUNCIL MINUTES - February. 21, 1984, 10:00 A.M. The City Planning Commission, pursuant to Resolution No. PC84-2, 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, and further, granted Conditional Use Permit No. 2526, subject to the following conditions: 1. That the owner of subject property shall by recorded deed irrevocably offer to the City of Anaheim a strip of land 10 feet in width from the centerline of the alley for alley widening purposes. 2. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Broadway in an amount as determined by the City Council. 3. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along ~roadway in an amount as determined by the City Council. 4. That the owner of subject property shall execute and record a covenant against the property in a form approved by the City Attorney's Office, restricting occupancy of each unit to a maximum of two (2) residents, at least one of whom must be at least sixty (60) years of age or older. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 6. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3 and 4, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 7. That prior to final building and zoning inspections, Condition No. 5, above-mentioned, shall be complied with. 8. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in a amount as determined by the Office of the Utilities General Manager. 9. That prior to issuance of a building permit, the owner of subject property shall deposit with the City of Anaheim, the estimated secondary reimbursement area water fees as established by the Water Engineering Division and also, shall execute and record a covenant against the property (in a form approved by the City Attorney's Office), agreeing to pay the actual amount of such fees (as hereinafter established ~y the City) prior to final building and zoning inspections. 172 City Hall, Anaheim~ California - COUNCIL MINUTES - February 21~ 1984, 10.:00 A....M.. A review of the Planning Commission's decision was requested by Councilwoman Kaywood at the meeting of January 31, 1984, and a public hearing scheduled this date. The Mayor asked to hear from the applicant or applicant's agent. Mr. Jim Needham, 9492 Sandra Circle, Villa Park, Agent and proposed developer, stated he was proposing an 8-unit senior citizen project. In answer to questions posed by Councilwoman Kaywood, he relayed the following: The one-bedroom units were 610 square feet and rental would be ~425 per month. The two-bedroom units were 745 square feet and would be renting at $475 per month. Minimum age for renting the unit was 60, and two people maximum per unit, one being 60 years old. Councilwoman Kaywood stated her concern was the fact that there were all single-family homes on the street and what would result if this was the first of a number of such requests. There was not sufficient parking, would it be regulated for seniors, who was going to do the monitoring, and what kind of a situation would be created relative to the infrastructure. Miss Santalahti answered the Conditional Use Permit was approved, like any permit, if they violated the conditions it could be brought up for termination. They would require recording of convenants on the property, limiting the occupancy of the units to a maximum of two per unit and one at least 60 years of age in order to alert any future purchasers they were not buying a normal apartment building. The zoning in the area was RM-2400 and if a regular apartment building, they could only build three or four units on the property. Under Code at present, anybody along that area could come in and simply pull a building permit, assuming that they complied with all the RM-2400 standards. Councilwoman Kaywood stated with the seven parking spaces proposed for eight Units, and there were some two-bedrooms, she questioned what they were getting into. Miss Santalahti stated that the parking requirement was a figure recommended by the traffic consultant who prepared the parking study 1 1/2 years ago. They had no experience yet with it, but their feeling was fairly secure that that would be an adequate number for an active senior citizens project compared to one that had non-ambulatory tenants. From information that they had received from apartment owners who had only seniors, they did not come anywhere near to using the normal parking that a regular project would have required, talking about people over 60, 65 or 70 and older. Councilwoman Kaywood expressed her concern if this was approved how would they not approve the same request next door and the next door after that, etc. Councilman Bay stated that the property was zoned RM-2400 and the density bonus shown on the graph, at 40 units per acre, was 12.1 percent relative to RM-1200. He did not understand, within their rules, how they could build over 173 City Hall, Anaheim, California - COUNCIL MINUTES - February 21, 1984, 10:00 A.M. RM-1200 on property zoned RM-2400 when the density bonuses were figured against RM-1200. Where was the request for classification change to rezone the property for RM-1200. Miss Santalahti explained that the Zoning Code had a CUP section called Senior Citizens Housing Projects, and currently it had no standards attached to it. The Planning Commission would be reviewing a proposed ordinance with an age limitation in the near future. Councilman Bay stated this was then another example when the minute a project was called a senior citizen project, all the rules on Zoning and everything else "went out the window." Miss Santalahti stated if the Commission and Council approved the project, that was correct. Councilman Bay stated he did not understand how that got started. Did they create an ordinance that said if you call a project senior citizen, they did not have to worry about density bonuses or changing the zoning. He did not recall the Council making that policy decision. Miss Santalahti stated it came up when the park/ng study was conducted by the consultant. It was decided that they needed a CUP section that specifically identified a senior citizen project as such. If it came in that way, it was a CUP and the development standards that were being reviewed were looked at as a way of Judging whether they felt the project would be appropriate regardless of the zone it was in. The difference between the RM-2400 and the RM-1200 was only the density issue, and nothing else. After additional discussion between Council Members Kaywood and Bay and Miss Santalahti, Councilwoman Kaywood stated she saw a problem they were creating for the City. She wanted senior housing, but more like the Village Centre type of senior housing, which was totally controlled, there was no way anybody could get around the age restriction, and they had cars. There was a buzzer if a senior was in trouble of any kind and they could be assisted. She was looking at the current situation as a new gimmick for higher density, and once the project was built and the parking was not there, there was no place to put it. She asked if the same continued down the street, what would the effect be on the infrastructure. Miss Santalahti stated they did not get any particular comments about that from any of the departments. The area under zoning alone theoretically should be able to handle at least twice what was already there. Councilwoman Kaywood also requested that with regard to the senior citizens projects sheet in the staff report, that they not include and make a long list of proposals rather than the approved projects. Relative to the.subject project,-she was looking at 10 bedrooms and seven parking spaces and she did not see it working out as a viable project for the community where it would not become a problem. 174 C!t~.Hall, Anah.e~m, Califor~ia -.C0UNC.~L MINUTES - Februar~ 21, 1984., .~0:90 A.M. Mr. Needham, responding to Councilwoman Kaywood's comment about the gimmick for higher density, stated that was absolutely true. There was some type of gimmick needed to get higher density, because higher density meant lower cost housing--not cheap housing. He was proposing quality housing and spacious apartments. Relative to his feeling on the parking, from his own experience, the .8 requirement may be accurate. In the apartment where his mother-in-law lived, three of her neighbors and his mother-in-law did not drive. They were all in their 70's. They were talking about maximum use of the land to provide the most economical housing. Councilwoman Kaywood stated that aside from this project, it was evident that they had to have a work session with the Planning Commission, with staff giving input in order to save a lot of wasted time when they did not have guidelines, and the decision-making was on a case-by-case basis. The Mayor asked if anyone wished to speak, either in favor or in opposition. Trudi Pitt, Boydston Realty, 703 North Anaheim Boulevard, lister on the subject property, submitted a plot map which showed the lots and their numbers in the subject tract. Shown in green were all the people who signed her petition in favor of the project, which was attached to the plan (both made a part of the record). Most of the property along that portion of Broadway consisted of rentals and many had senior citizens in them already. The one next to the church (the third lot to the west of the subject property) had five units on it and on Chestnut street to the rear (No. 534), there were six units. She personally knew that everyone in those units were seniors, and four did not drive, or used their garages only for storage. Relative to the lots on either side of the subject property (Nos. 12 and 14), she explained for Councilwoman Kaywood that on Lot 14 (immediately adjacent to the east), she had never been able to contact the owner, and the gentleman on the other side (Lot 14, immediately to the west), did not speak very good English. He had been present earlier in the meeting and wanted to speak. Ail he said was that he was not against the project and would put his name on a piece of paper for her. Mr. John Shanahan, 1215 South Empire, reported that the Senior Citizen Commission was not aware of the details of the subject project at their February 10, 1984, regular Commission meeting. However, on February 13th, he personally became aware of the details involved in the proposal. He could not speak for the Commission at this point, but as a concerned senior citizen, in his opinion, the units were excellent for seniors. The Mayor asked if the applicant had anything further to add and since he did not, the public hearing was closed. ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Councilwoman Kaywood, seconded by Councilman Pickler, the City Council approved the negative declaration upon finding that it has considered the negative declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. MOTION CARRIED. 175 City Hall, Anaheim~ California - COUNCIL MINUTES - February 21, 1984, 10:00 A.M. Councilwoman Kaywood stated she still had a problem in not knowing what was going to be happening down the street and how they were going to exercise control. If it worked, she was all in favor, but if not, she did not want to know she had voted for something that would make problems for the City and, therefore, she was planning to abstain. Councilman Pickier offered Resolution No. 84R-79 for adoption, granting Conditional Use Permit No. 2526, subject to City Planning Commission conditions. Refer to Resolution Book. RESOLUTION NO. 84R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2526. Before a vote was taken, Councilman Bay stated he was going to abstain also, primarily because he was very concerned that under a paragraph about a CUP, suddenly ail their standards went by the wayside. He felt when they met with the Planning Commission in the workshop and with the staff, that they consider ways to set standards and guidelines for helping senior citizen developments. Presently, they put a CUP on something and called it senior citizens and it wiped out all the need to get a change in zoning or anything. That was too loose for him. Until they got some standards and real control of those standards, he did not intend to vote for anything that gave what was an equivalent to a density bonus on zoning that did not even exist on the property. A vote was then taken on the foregoing resolution. Roll Call Vote: AYE S: NOES: ABSTAINED: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Overholt, Pickler and Roth None Kaywood and Bay None The Mayor declared Resolution No. 84R-79 duly passed and adopted. 179: PUBLIC HEARING - VARIANCE NO. 3372 AND NEGATIVE DECLARATION: Application submitted by Marion Vesey, (Anthony's Pier 2), to construct an outdoor patio enclosure on CR zoned property located at 1640 South Harbor Boulevard, with the following Code waivers: (a) minimum landscaped setback, and (b) minimum number of parking spaces. The City Planning Commission, pursuant to Resolution No. PC84-8, 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, and further, denied Variance No. 3372. 176 City. Hall~ ~naheim~ California - COUNCIL MINUTES - Februar[ 2!~ 1984~ 1.0:00 A.M. The decision of the Planning Commission was appealed by the applicant and public hearing scheduled this date. City Clerk Linda Roberts announced that a letter had been received dated February 1, 1984, from Floyd Farano, Attorney for the applicant, requesting a continuance of the public hearing to March 20, 1984. MOTION: Councilman Roth moved to continue the public hearing on Variance No. 3372 and negative declaration therefor to Tuesday, March 20, 1984, at 1:30 p.m., as requested by the applicant. Councilwoman Kaywood seconded the motion. Before a vote was taken, the Mayor askmd if anyone was present to speak and if so, did they wish to give testimony today or wait until March 20, 1984. Patty Shad, 830 South Oakstone, manager of the'Best Western Anaheim Inn directly north of Anthony's Pier 2 on Harbor Boulevard, stated she was against the granting of the Variance and would wait until March 20, 1984, to give her testimony. A vote was then taken on the foregoing motion. MOTION CARRIED. R~CESS - CLOSED SESSION: Councilman Roth moved to recess into Closed Session. Councilman Pickler seconded the motion. MOTION CARRIED. (4:08 p.m.) AFTER RECESS: Mayor Pro Tem Pickler called the meeting to order, all Council Members being present with the exception of Councilman Roth. (6:00 p.m.) ADJOURNMENT: Councilman Pickler moved to adjourn. Councilwoman Kaywood seconded the motion. Councilman Roth was absent. MOTION CARRIED. (6:00 p.m.) LIN-DA D. ROBERTS, CITY CLERK 177