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1969/04/2369-235 ~ity Hall~ Anaheim~ California - COUNCIL MINUTES - April 23~ 1969~ 1:00 P.M. The City Council of the City of Anaheim met in Adjourned Regular Session. PRESENT: ABSENT: PRESENT: COUNCILMEN: Dutton, Krein, Schutte and Clark COUNCILMEN: Pebley CITY MANAGER: Keith A. Murdoch DEPUTY CITY ATTORNEY: Alan R. Watts CITY CLERK: Dene M. Williams CITY ENGINEER: James P. Maddox ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES: Ronald Thompson ZONING SUPERVISOR: Charles Roberts The Meeting was called to order by Mayor Clark to consider possible zoning action of property located at the northeast corner of Harbor Boulevard and Broadway. PROPOSED C-2 DEVELOPMENT - HARBOR BOULEVARD AND BROADWAY: At the request of the Mayor, the City Manager briefed the background of development in the vicin- ity of Harbor Boulevard and Broadway, as follows: Several years ago, the property now occupied by the Main Library and Police Department was designated as a possible Civic Center site, and is still one of the sites remaining under consideration. Since access to the Santa Aha and Riverside Freeways has been established, the importance and status of Harbor Boulevard has changed from that of a heavily-traveled local street with both residential and commercial uses, to that of a main thoroughfare strictly commercial in nature. The United California Bank, having recognized this fact, subsequently entered the first phase of de- velopment of what was ultimately to be the bank building and an adjacent multiple-story office building. Before embarking on the initial development, the United California Bank representative wished some assurance that the property in the immediate vicinity would be developed in a compatible manner. At that time, the City was formulating the present C-O zone, which usually requires land assembly to meet the 20,000 square-foot minimum site requirement; and in which the deve]opment of individual shops or stores would not, in most instances, be economical. It was the feeling of the City Council at that time that the area surrounding the proposed United California Bank development should be de- veloped in a manner compatible to that facility, and that C-O zoning would be the most appropriate protective zoning measure to be applied to these properties. It was on the strength of this thinking, accompanied by pre- liminary Council action toward that purpose, that United California Bank commenced with the initial phase of development. Since that time, some, but not all of the property in the subject area has been zoned for C-O development, and there are private investors who are currently planning the development of a multiple-story office build- ing on the south side of Broadway, at Harbor. The three lots fronting on Broadway at the northwest corner of Harbor Boulevard, are among the few remaining properties presently in the C-2 zone; and it has recently been learned that these lots are being con- sidered for an enclosed restaurant~ of a drive-in~ walk-up type. This property was considered, together with several R-3 zoned lots to the west, for reclassification to the C-O zone in September, 1968, (Reclassification Noo 68-69-3, initiated by the City Planning Commission, and recommended for approval as result of the "Front-On Study"),and was disapproved by the City Council on the basis that no specific plans of de- velopment were being considered, and with the exception of one or two of the property owners, there appeared to be little interest in a change of zone at that time. Although the recommended C-0 zoning was felt to be ap- propriate for these properties, it was not felt to be the proper time for taking such action. 69-236 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 23, 1969~ 1:00 P.M. Subject property was also considered in discussions involving the possibility of a land exchange with the Anaheim Union High School District, should the City acquire the Fremont School athletic field for Civic Center purposes. In view of the pending restaurant development, Mr. Murdoch advised that the questions to be considered by the City Council at this time are: Is it the intent of the City Council to reserve this area for high rise or other development within the C-O concept, or to allow development according to C-2 zoning requirements? Councilman Krein felt that it was unfortunate that no Council ac- tion had actually been taken to rezone the property for C-O development, as intended. He noted that the United California Bank had been verbally assured of zoning protection prior to their initial development, as well as the pur- chasers of the property at the southeast corner of Harbor Boulevard and Broad- way, also projected for a high-rise office complex. He doubted that the southwest corner of Harbor Boulevard and Lincoln Avenue would have been ac- quired for a new Home Savings & Loan building, had it been known present zoning permitted the use of the 3 lots at the northwest corner of Broadway and Harbor Boulevard now anticipated. He further stated that Mr. Frank Karcher, of Carl Karcher Enterprises, was informed of the City's intentions regarding the subject property when it was still only one of two possible sites being considered for their proposed restaurant. Mayor Clark asked if anyone present wished to address the City Council. Mr. Dan Holden, 136 West Whiting Avenue, Fullerton, Attorney rep- resenting Carl Karcher Enterprises, stated that the subject property has been zoned C-2 for many years, and felt that his client should be entitled to rely upon the existing zoning, and not be placed in a position of having to check out possible commitments that may have been made by the City. He reported that Carl Karcher Enterprises has entered into a binding escrow for the purchase of this property; that development of the proposed restaur- ant is allowed, by right, under the existing zoning; and that a building permit was applied for on April 8, 1969; however, when payment of the re- quired fees was presented to the Development Services Department by Mr Frank Karcher, it was not accepted. ' Mr. Holden requested that the City Council accept the check in pay- ment of these fees, and allow Carl Karcher Enterprises to exercise their right to proceed with the development of the proposed restaurant. Mr. Carl Karcher, 1200 North Harbor Boulevard, pointed out that the future National Headquarters Building for Carl Karcher Enterprises is to be located in Anaheim; that substantial contributions in the form of sales tax, license fees, etc., are made by the firm each year; that the proposed location is ideal for their "Home Town Image" in Anaheim; that many of their Carl's Jr. Restaurants in other cities are located in close proximity to high rise office buildings; and that the operation will be more similar to that of a coffee shop than a drive-in restaurant, in that it will seat approximately 85 people, and will be completely enclosed. Mr. Karcher stated that necessary steps would be taken to keep the premises in good order from a maintenance standpoint. Pictures of other Carl's Jr. lo- cations were examined by the City Council. Mr. Frank Karcher, 1200 North Harbor Boulevard, noted that the vacant property east of the United California Bank is being offered for sale, and suggested that the area may not be ready for high-rise development at this time. He stated that he contacted Mr. Krein as a realtor, not a Coun- cilman, to discuss the valuation of the two parcels being considered for the proposed restaurant, and when it was later learned from the Zoning Division that the subject property was currently zoned C-2, whereas the other loca- tion was not, the decision was made to locate there. He felt that the pro- posed Carl's Jr. Restaurant would be very compatible, and would be an asset to the area. 69-237 City Hall~ Anaheim~ California - COUNCIL MINUTES - April 23~ 1969~ 1:00 P.M. Councilman Krein expressed the opinion that the promise made by the City Council to reserve this area for C-O development should be kept. At the request of the Mayor, Assistant City Attorney Alan Watts briefed the text of an emergency zoning ordinance, which was prepared at the request of the City Council, and outlined the authority of the City Council to enact such an ordinance. ORDINANCE: The proposed emergency ordinance rezoning subject property from C-2 to C -O was read in full by the City Clerk, at the conclusion of which it was offered for adoption by Councilman Krein. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDINANCE NO. 774 RELATING TO THE ZONING OF PROPERTY. Preceding the roll call vote, Councilman Dutton observed that al- though a verbal commitment had been made by the City Council, it could not be expected to continue indefinitely, particularly since there were no ap- parent plans for further development in the area. He felt that it was un- fortunate that a zone change had not taken place; nevertheless, the property is zoned for C-2 development, and it is the right of Carl Karcher Enterprises to develop the property as proposed. Councilman Schutte concurred that it is the right of the owner to develop in conformance with the existing zone. Mayor Clark observed that he would rather see a large restaurant in this location; however, he felt that the newer Carl's Jr. Restaurants were an asset to the community, and that an extra effort would be expended to make this development an outstanding example. Vote: The emergency ordinance failed to carry by the following Roll Call AYES: COUNCILMEN: Krein NOES: COUNCILMEN: Dutton, Schutte and Clark ABSENT: COUNCILMEN: Pebley ADJOURNMENT: Councilman Dutton moved to adjourn. Councilman Krein seconded the motion. MOTION CARRIED. ADJOURNED: 2:05 P.M. SIGNED City Clerk