2007/12/18ANAHEIM CITY COUNCIL
REGULAR ADJOURNED MEETING OF
DECEMBER 18, 2007
The regular meeting of December 18, 2007 was called to order at 3:00 P.M. and
adjourned to 4:30 P.M. for lack of a quorum. Mayor Pringle called to order the
December 18th regular adjourned meeting at 4:37 P.M. in the Chambers of Anaheim City
Hal{ located at 200 South Anaheim Boulevard
A copy of the agenda for the Anaheim City Council meeting was posted on December
14, 2007 on the kiosk outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City
Clerk Linda Nguyen.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Walt Disney World Co. v. City of Anaheim, et al., Orange County
Superior Court Case Nos. 070001210 and 070001293.
2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior
Court Case No. 070008763.
3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Bushala v. Verizon Business Network Services, Inc., et al.,
Orange County Superior Court Case No. 070002812.TION
4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the
Government Code)
Number of potential cases: one
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 50.29 acres generally northerly of Angel Stadium of
Anaheim in the Platinum Triangle Stadium District, 2000 Gene Autry Way,
Anaheim, California.
December 18, 2007
Page 2
Agency negotiators: Dave Morgan, Joel Fick
Negotiating parties: City of Anaheim and Archstone-Smith Operating Trust
Under Negotiation: price and terms
Invocation: Bishop Mark Bowles, Church of Latter Day Saints, Anaheim 10tH
Ward
Flag Salute: Mayor Pro Tem Hernandez
Presentations: Recognizing Members of the Sesquicentennial Commission -
Mayor Pringle announced that through this sesquicentennial year, the community had an
opportunity over the last 15 months to celebrate Anaheim's history. Members of the
Sesquicentennial Commission worked diligently bringing about the various events which
the community enjoyed, and Mayor Pringle highlighted those events, introducing and
expressing appreciation to each of the Sesquicentennial Commission members.
Recognizing the winners of the Anaheim Beautiful Holiday Lights
Contest -Pat Pina, Anaheim Beautiful, recognized and introduced the 2007 Holiday
Lights winners.
At 5:44 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency (in joint
session with the City Council):
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all items except public hearings):
Jim Adams, LA/OC Building & Construction Trade Council, urged Council to deny the
request for rehearing by SunCal.
Todd Ament, Anaheim Chamber of Commerce/Soar Coalition, also urged Council to
deny the request for rehearing by SunCal remarking the developer had the opportunity
to speak on November 27th, the night Council rescinded the previous zoning action taken
relative to the Resort District.
Dr. Robert H. Freilich of Miller Barondess, LLP, representing SunCal Platinum Pointe,
stated the record demonstrated the City failed to meet its regional housing needs
assessment. He added state and federal law overrode City legislative, initiative and
referendum land use decisions where state mandates were failing and the resultant
actions discriminatory. If Council failed to reconsider its November 27th action, he
remarked, the City would, as well as the sponsors of the initiative and referendum, face
the prospect of litigation that would determine damages and sanctions and the prospect
of continuing judicial supervision of the City's housing and land use process for as many
years as required until RHNA obligations were fully met. He urged Council to
reconsider.
Carl Ridala, resident, supported the denial of SunCal's rehearing request.
Steve Goodyear, resident, urged Council to serve the citizens and businesses of
Anaheim and deny SunCal's rehearing request.
December 18, 2007
Page 3
Gail Anderson, resident, urged Council to uphold the zoning of the resort district and to
deny SunCal's rehearing request.
Bob Ball, resident, stated SunCal's request for a rehearing could portend the first step in
a deep pockets lawsuit, asking Council to deny that request.
Cynthia Ward, resident, also urged Council to deny SunCal's request for the people of
this community.
Joy Craft, resident, respectfully requested a waiver of all fees which would be required
for building permits that were taken out in 1979. She explained, that year her home was
destroyed by fire; she subsequently rebuilt and after work was completed, Anaheim
inspectors indicated all permits were signed off and finalized. Recently it had been
brought to her attention that several of those permits were not signed off nor finalized.
She detailed the costs involved with this process and her inability to pay the costs on a
fixed disabled pension. City Manager Dave Morgan explained this matter had been
researched and a report would be provided to Council the next day including options for
resolving the issue.
Bob Mujica, representing union members, supported denial of the request for rehearing
by SunCal properties.
CONSENT CALENDAR: Mayor Pringle removed Item No's. 4, 21 and 24 from the
consent calendar for further discussion. Council Member Galloway announced she
would be recording a no vote on Item No. 31. Council Member Kring moved to waive
reading in full of all ordinances and resolutions and to adopt the balance of the consent
calendar in accordance with the reports, certifications and recommendations furnished
each council member and as listed on the Consent Calendar, seconded by Council
Member Sidhu. Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried
3. Receive and file the Investment Portfolio Report for November 2007.
D117
5. Approve the document entitled "Greater Downtown of Anaheim Guide for
ARA 161 Development" to be used as a reference guide for staff, developers, and
residents for all projects constructed in the Greater Downtown boundaries, as
defined in the document (related to Agency Item # 01).
6. Approve and authorize the City Manager to execute Amendment No. 1 to the
2898.D.1 Temporary Assistance to Needy Families Vendor Agreement with Casa Loma
College, Inc. for the purpose of increasing the maximum subgrant amount to
$400,000 to finance training expenses through June 2008.
7. Approve the program year 2007-08 modification of the Anaheim Workforce
2780.C Investment Area Strategic Five-Year Plan and authorize staff to submit said
modification to the State (continued from the Council meeting of November 27,
2007, Item #13).
8. Approve and authorize the Human Resources Director to approve the
4384.1 amendments to agreement with Rainmaker Staffing, APR Consulting, Devon &
4389.A.1
4409.2
4406.D.1
December 18, 2007
Page 4
Devon, and Manpower to provide temporary personnel services to the Anaheim
Convention Center.
9. Approve Amendment No. 14 to Agreement with Taormina Industries, LLC to haul
1483.14 tree waste for recycling purposes.
10. Cancel the regularly scheduled Council meeting of May 20, 2008 and schedule
D114.1 the replacement meeting for May 13, 2008.
11. Approve and adopt the Anaheim Public Utilities Department's recommendation
D182 for funding the ratepayer Solar Energy Buydown programs to meet the mandates
of California Senate Bill 1 and authorize the Public Utilities General Manager to
make necessary additions and modifications to meet the needs of the City, its
customers, and the requirements of California State Law.
12. Approve the Purchase and Sale Agreement and Joint Escrow Instructions of
4986.0.1 Real Property with Chester Lee Herbert, in the acquisition payment amount of
$2,500,000 including escrow fees, for property located at 1935 South
Manchester Avenue for the Gene Autry Way (West)/I-5 HOV Interchange Project
(R/V1/ AC Q2003-00164).
13. Approve and ratify the Stipulation for Entry of Final Judgment in Condemnation,
P121 for the property located at 1780 South Euclid Street, for the final settlement
amount of $1,558,800 and authorize the final settlement payment of $231,720 to
Aoun, Inc. (R/WACQ2004-00193).
14. Approve and ratify the Stipulated Judgment in Condemnation with Aoun, Inc. and
P121 Harvey S. Owen, in the final settlement amount of $121,200, for properties
located at 1728-1742 South Euclid Street and 1673-1679 West Katella Avenue
for the Katella Avenue Smart Street, Ninth Street to Humor Drive Project
(R/VI! ACQ2004-00191,00192, 00194).
15. Approve the Amendment to Settlement Agreement and Release with Clear
4841.1 Channel Outdoor, Inc., in the payment amount of $52,000, for property located at
1784 South Euclid Street for the Katella Avenue Smart Street, Ninth Street to
Humor Drive Project (R/VV ACQ2004-00193).
16. Approve the Settlement Agreement and Release with Aoun Inc:, et al. and
5020 Harvey S. Owen, for the final settlement amount of $1,680,000, for property
located at 1780-1796 South Euclid Street for the Katella Avenue Smart Street,
Ninth Street Humor Drive Project (R/W ACQ2004-00191, 00192, 00193 and
00194).
17. Approve the Settlement Agreement and Release with Anita Ng and Charlotorn
5021 Choatwaroot, in the final settlement amount of $175,000 and authorize the final
settlement payment of $141,110, for property located at 1780 South Euclid Street
for the Katella Avenue Smart Street, Ninth Street to Humor Drive Project (R/W
ACQ2004-00193).
18. Approve the Acquisition Agreement of Real Property and Declaration of
5022 Covenants, Conditions, and Restrictions with Bryan Industrial Properties, Inc., in
5022.0.1
December 18, 2007
Page 5
the acquisition payment amount of $57,000, for the purchase of real property
located at 1121 and 1133 North Kraemer Boulevard for the Kraemer
Boulevard/La Palma Avenue Intersection Improvement Project (R/V11 ACQ2006-
00256 & 00257).
19. Approve the Agreement for Acquisition of Real Property with U.S. Bank National
5023 Association, as Trustee for CSFB, in the payment amount of $420,000, for
property located at 400 North West Street, authorize the City Clerk to affix the
certificate of acceptance and authorize the Director of Public Works to execute all
additional documents and addenda as necessary to complete this transaction.
20. Approve the extension of Cooperative Agreement Number C-5-2569 with the
3756.2 Orange County Transportation Authority to complete procurement and
reimbursement of GPS software for the Anaheim Resort Transit System.
22. RESOLUTION NO. 2007-239 A RESOLUTION OF THE CITY COUNCIL
P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain Real Properties or interests therein (City Deed Nos. 11085,
11094, 11095, 11096, 11106, 11107, 11108).
23. RESOLUTION NO. 2007-240 A RESOLUTION OF THE CITY COUNCIL
P124 OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 11101,
11102, 11103, 11104, 11105, 11109).
25. RESOLUTION NO. 2007-242 A RESOLUTION OF THE CITY COUNCIL
C430 OF THE CITY OF ANAHEIM adopting the "Anaheim Canyon Station Master Site
Plan December 2007."
26. RESOLUTION NO. 2007-243 A RESOLUTION OF THE CITY COUNCIL
C430 OF THE CITY OF ANAHEIM adopting the "Anaheim Go Local Transit Master
Plan December 2007."
27. RESOLUTION NO. 2007-244 A RESOLUTION OF THE CITY COUNCIL
D154.4 OF THE CITY OF ANAHEIM approving a Letter of Understanding between the
Anaheim Firefighters Association, Local No. 2899 and the City of Anaheim.
28. RESOLUTION NO. 2007-245 A RESOLUTION OF THE CITY COUNCIL OF
D154.5 THE CITY OF ANAHEIM approving a Letter of Understanding between the City
of Anaheim and the International Brotherhood of Electrical Workers, Local 47.
29. RESOLUTION NO. 2007-246 A RESOLUTION OF THE CITY COUNCIL
D182 OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager to
submit an application to the California Department of Water Resources for local
groundwater assistance grant, designating the Public Utilities General Manager
as Anaheim's authorized representative, and, if awarded, authorizing the
acceptance of such grant on behalf of the City and amending the budget for fiscal
years 2008-2009 and/or 2009-2010 accordingly.
30. ORDINANCE NO. 6087 (ADOPTION) AN ORDINANCE OF THE CITY
C280 OF ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim
December 18, 2007
Page 6
Municipal Code relating to Zoning (Reclassification No. 2007-00202, Mercedes-
Benz of Anaheim Auto Dealership at 200 Via Cortez) (Introduced at the Council
meeting of December 11, 2007, Item #29).
31. ORDINANCE NO. 6088 (ADOPTION) AN ORDINANCE OF THE CITY
C280 COUNCIL OF ANAHEIM amending Chapter 18.20 of Title 18 of the Anaheim
Municipal Code relating to zoning and development standards (Zoning Code
Amendment No. 2007-00056) (Introduced at the Council meeting of December
11, 2007, Item #30).
ORDINANCE NO. 6089 (ADOPTION) AN ORDINANCE OF THE CITY
COUNCIL OF ANAHEIM amending zoning map referred to in Title 18 of the
Anaheim Municipal Code relating to zoning (Reclassification No. 2007-00196}
(Introduced at the Council meeting of December 11, 2007, Item #30).
Council Member Galloway recorded a no vofe on this item; Vote: Ayes - 4: Noes - 1.
END OF CONSENT CALENDAR
4. Approve the 2008 Investment Policy.
D117
Mayor Pringle reported each year the City was required to adopt an investment policy
and with the Orange County Treasurer coming under scrutiny for investing short term
funds in areas hit hard by sub-prime loss, he wanted the City Treasurer to apprise the
community of any vulnerability in Anaheim's portfolio. Mr. Henry Stern, City Treasurer,
confirmed the City portfolio had a high level of safety. Issues that had been highlighted
in the newspapers recently were holdings in asset backed commercial paper, structured
investment vehicles (SIV's), and collateralized debt obligations (CDO's) and he affirmed
the City had never been involved with any of those types of investments. The portfolio,
he emphasized, was clean and in fact the money market fund which had some exposure
was shifted to treasuries only so there was no exposure in those areas mentioned.
Mayor Pringle thanked Mr. Stern for his report and moved to approve Item No. 4,
seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
21. Approve an agreement with Orange County Transportation Authority (OCTA) to
5024 accept $125,000, administer a consultant agreement to study the feasibility of a
new State Route 91 interchange at Fairmont Boulevard and authorize an
increase in the Department of Public Works' expense and revenue appropriation
by $125,000 for Fiscal Year 2007-08.
Mayor Pringle pointed out the interchange at the 91 Freeway and Fairmont had been a
heavily disputed interchange in Anaheim and staff had worked with OCTA to insure the
discussion did not include any connection on the Anaheim side of the 91 freeway and he
wanted that point clarified by staff.
Natalie Meeks, Public Works Director, stated the purpose of the study was to take a look
at the northern connection at Fairmont, north of the 91 Freeway, and with the completion
December 18, 2007
Page 7
of the study, the segment south of the 91 Freeway could be deleted from the Master
Plan of Arterial Highways and eliminated as part of the countywide plan.
Council Member Hernandez moved to approve Item No. 5, seconded by Council
Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway,
Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
24. RESOLUTION NO. 2007-241 A RESOLUTION OF THE CITY COUNCIL
D175 OF THE CITY OF ANAHEIM authorizing the submittal of a Notice of Intent to
establish a Quiet Zone along the LOSSAN Rail Line at Broadway, Santa Ana,
South and Vermont Streets in the City of Anaheim and making certain findings in
connection therewith.
Authorize the City Manager to release the Notice of Intent for the establishment
of a new 24-hour Quiet Zone along the LOSSAN rail line at Broadway, Santa
Ana, South and Vermont Streets in the City of Anaheim.
Mayor Pringle remarked funds had been made available through OCTA to establish
quiet zones at certain intersections where roadways crossed railroad lines. The
LOSSAN corridor ran through the middle of Anaheim and this Resolution would submit a
notice of intent to establish quiet zones at four intersections. He wanted to ensure
residents were aware the City was moving forward aggressively on these quiet zones.
Council Member Kring moved to approve Resolution No. 2007-241 OF THE CITY OF
ANAHEIM authorizing the submittal of a Notice of Intent to establish a Quiet Zone along
the LOSSAN Rail Line at Broadway, Santa Ana, South and Vermont Streets, seconded
by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council
Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
32. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one
D114 year.
APPOINTMENT: Council Member Hernandez
Mayor Pringle nominated Council Member Sidhu to serve as Mayor Pro Tem. Council
Member Galloway nominated Council Member Hernandez. A straw poll for Council
Member Sidhu reflected the following vote: Ayes - 2: Mayor Pringle and Council
Member Sidhu. Noes - 1: Council Member Hernandez. Abstentions - 2: Council
Members Galloway and Kring. A straw vote for Council Member Hernandez reflected
Ayes - 3: Council Members Galloway, Hernandez and Kring. Noes - 1: Council Member
Sidhu. Abstention - 1: Mayor Pringle. Council Member Hernandez was reappointed as
Mayor Pro Tem.
33. Nominate and [re]appoint one representative to the Orange County Vector
0144 Control Board of Trustees.
APPOINTMENT: Council Member Kring
December 18, 2007
Page 8
Mayor Pringle nominated Council Member Kring to serve as representative to the
Orange County Vector Control Board of Trustees and hearing no objections, Council
Member Kring was appointed.
34. Deny the request for a rehearing related to the repeal of General Plan
C410 Amendment No. 2006-00448 and related actions that were approved by City
Council Resolution Nos. 2007-224, 2007-225, 2007-226 (approved at the Council
meeting of November 27, 2007; request for rehearing submitted by SunCal
Platinum Pointe).
Council Member Sidhu moved to deny the request for rehearing, seconded by Council
Member Kring. Mayor Pringle pointed out a yes vote would deny the rehearing and a no
vote would support the request for a rehearing.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried.
PUBLIC HEARINGS:
35. This is a public hearing to consider the introduction of an Ordinance to change
4002 the terms and conditions upon which a cable franchise was granted to Time
Warner Cable.
ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending Ordinance No. 4087, to change the terms and
conditions upon which a cable television franchise was granted and to foster
competition in a competitively neutral and non-discriminatory manner.
(In the event changes are proposed to the terms and conditions of the franchise,
the City Council may adopt a Resolution giving at least 20 days notice of such
changes and continuing such public hearing to a new date).
Mayor Pringle explained this was an advertised notice for public hearing to establish a
local franchise agreement with Time Warner Cable Company and although discussions
had been held, Time Warner elected not to move forward with the agreement at this
time. Under recently enacted State law, Mayor Pringle pointed out, cable companies as
well as telephone companies which provided video product could seek a statewide
franchise rather than a local franchise and subsequently the City had been notified by
Time Warner that it would proceed with an application for a state franchise. In Anaheim,
the franchise fee had been negotiated at zero percent, a reduction from the current
franchise fee of five percent. Mayor Pringle suggested, as Time Warner sought a state
franchise, that the City Attorney prepare an ordinance that would set Anaheim's
franchise rate at zero upon the adoption of a Time Warner state franchise. Assistant
City Manager Tom Wood responded staff would have that ordinance before Council in
January.
Council Member Hernandez moved to terminate the public hearing, seconded by
Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members:
Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
December 18, 2007
Page 9
36. CEQA NEGATIVE DECLARATION
C220 WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2007-3124 (Tracking No. CUP2007-052091
ZONING CODE AMENDMENT NO. 2007-00063
OWNER: Brandon Rainone, Outer Spring Volcano LP, 3364 East La Palma
Avenue, Anaheim, CA 92806-2814
AGENT: Brandon Rainone, 3364 East La Palma Avenue, Anaheim, CA 92806
LOCATION: 3364 East La Palma Avenue: Property is approximately 2.8
acres, having a frontage of 252 feet on the north side of the Riverside (SR-91)
Freeway, a maximum depth of 524 feet, and is accessed via a 652 foot long, 32
foot wide ingress/egress easement on the south side of La Palma Avenue,
1,240 feet east of the centerline of Shepard Street.
Conditional Use Permit No. 2007-05209 -Request to remodel an existing
bowling facility including an expansion for a management office, four
telecommunications towers and two electronic reader board signs with waivers
of (a) minimum number of parking spaces, (b) floor area ratio and (c) maximum
number and size of freeway-oriented signs.
Zoning Code Amendment No. 2007-00063 -Request to amend the sign code
to permit marquee or electronic reader board signs in conjunction with bowling
and billiards facilities with other uses subject to a conditional use permit.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved CEQA Negative Declaration (7 yes votes)
Approved, in part, Waiver of Code Requirement, approving waivers (a) and (b)
and approved, in part, waiver (c} (7 yes votes)
Granted Conditional Use Permit No. 3124, in part (5 yes votes, 2 no votes.
Commissioner Romero and Velasquez voted no) (PC2007-112)
Denied Zoning Code Amendment No. 2007-000063 (5 yes votes, 2 no votes.
Commissioner Faessel and Commissioner Velasquez voted no).
(Planning Commission meeting of October 1, 2007.)
(Appealed by Applicant, Concourse Bowling).
(Continued from the Council meetings of November 27, 2007, Item #56 and
December 11, 2007, Item #28).
MOTION: P/K CEQA NEGATIVE DECLARATION
RESOLUTION NO. 2007-247 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM granting Conditional Use Permit No. 3124, in part,
and amending certain conditions of approval of Resolution No. 89R-243, as
previously amended.
MOTION: P/K Uphold Planning Commission's denial of the requested
Zoning Code Amendment 2007-00063
(Approved Vote: 4-1, Galloway voted no).
Sheri Vander Dussen, Planning Director, reported the Planning Commission partially
approved the applicant's request to expand and remodel the family-owned Concourse
Bowling facility. A question arose over amplified music with a disc jockey on Friday
and Saturday nights. Ms. Vander Dussen pointed out it was consistent with the terms
of the conditional use permit since the applicant was not charging a cover charge
December 18, 2007
Page 10
(which was the definition for live entertainment) and that Concourse had applied for the
appropriate regulatory permit for amplified music which was currently being reviewed.
She added the Commission had approved the request to expand the bowling facility
with fewer parking spaces than required by code, a larger building area than code
allowed and two freeway oriented wall signs instead of the one permitted wall sign. She
indicated the applicant had also proposed a zoning code amendment to permit
electronic reader board signs in conjunction with entertainment uses and the
Commission had denied this amendment as well as the applicant's proposal to install
two freeway oriented electronic reader board signs. The applicant then appealed the
Commission's action and requested Council approval of the project including the code
amendment and the electronic reader board signs.
Ms. Vander Dussen remarked staff was supportive of the expansion, building facade
and site improvements as they would improve the appearance of the site from the 91
freeway and explained why each of the waivers were also supported as well. In
addition staff recommended approval of the two wall signs on the building addition
because a single sign would not be visible from both directions of the freeway. She
added staff, however, recommended Council uphold the Commission's actions to deny
the requested electronic reader boards and code amendment due to concerns this
amendment could create an opportunity for other reader board signs in conflict with the
City's goal of improving visual quality on the 91 freeway.
Mayor Pringle opened the public hearing.
Brandon Rainone, applicant, explained most of the elements of the proposed expansion
had been approved, and that three million dollars of family funds would be used for the
expansion. Mr. Rainone believed the reader board sign would allow the business to
raise visibility and to advertise the entertainment offerings that the family-oriented
amusement center could provide such as hosting a number of non-profit events. He
added the code amendment was narrowly drafted and would not lead to a proliferation
of signs along the 91 corridor.
Bart Rainone, owner, had worked to make his family business grow and thrive in
Anaheim and believed the renovation plans were an integral part of his future success.
With no other speakers coming forward, the hearing was closed.
Discussion was held relative to electronic reader boards versus billboards and the need
for this business to have the ability to advertise events being held at the facility, which
included other uses in addition to the bowling alley facilities. Council Member Sidhu
was supportive of the remodel which would improve the site, but also remarked, the
venue was used as a nightclub after 10:00 P.M. and he did not feel it was appropriate to
allow electronic reader boards on the freeway for this business and moved to approve
the CEQA negative declaration and to approve the Resolution of the City Council
granting conditional use permit, in part and upholding the Planning Commissions' denial
of the requested zoning amendment. Receiving no second, the motion failed.
Mayor Pringle inquired if the City could prohibit advertising of alcohol on the reader
board signs; it was pointed out once the sign was approved, the City could not restrict
the content. Michele Irwin, Anaheim Police Department, pointed out there was a
December 18, 2007
Page 11
condition in the conditional use permit stating the applicant was not to advertise alcohol
for sale outside the property. Mayor Pringle added, even with a condition included in
the conditional use permit, he believed there would be difficulty restricting the type of
product to be advertised; the City Attorney concurred.
Mayor Pringle remarked he understood City staff would be developing a 91 freeway
plan addressing reader boards and that he would not be comfortable moving this
forward without having a better understanding of a policy for this type of sign. Council
Member Kring wondered if Council could accept smaller-sized signs, pointing out there
had been 50 to 70 letters received in support of the sign request and that earlier a letter
had been received from the Anaheim Chamber of Commerce expressing support for
the project for a business that had been successful and which would ultimately improve
the aesthetics on this stretch of the 91 freeway.
Council Member Galloway moved to approve the CEQA Negative Declaration and to
approve the Resolution of the City Council approving Conditional Use Permit No. 3124
in part and to introduce the Ordinance relating to zoning and development standards,
seconded by Council Member Hernandez. Council Member Sidhu believed this action
would set a precedent for advertising along the 91 freeway and would oppose this
action. Roll call vote: Ayes - 2: (Council Members Galloway and Hernandez). Noes -
3: (Mayor Pringle, Council Members Kring and Sidhu). Motion Failed.
Mayor Pringle reiterated a policy limiting the proliferation of signs on the 91 freeway
should be established first; Mr. Morgan remarked staff was currently looking at a master
plan for the beautification of the 91 corridor which would present policy options on this
issue to the Council.
Mayor Pringle then moved to approve the CEQA Negative Declaration and to approve
RESOLUTION NO. 2007-247 OF THE CITY OF ANAHEIM granting Conditional Use
Permit No. 3124, in part, and amending certain conditions of approval of Resolution No.
89R-243, as previously amended, and to uphold the Planning Commission's denial of
the requested Zoning Code Amendment 2007-00063, seconded by Council Member
Kring. Roll call vote: Ayes - 4; Mayor Pringle, Council Members: Hernandez, Kring and
Sidhu. Noes - 1: Council Member Galloway. Motion Carried.
37. CEQA SUBSEQUENT ENVIRONMENTAL IMPACT REPORT NO. 334
5025 CONDITIONAL USE PERMIT NO. 2007-05248
DEVELOPMENT AGREEMENT N0.2007-00002
TENTATIVE TRACT MAP NO. 17186
OWNER: Ronald W. Marshall and Deborah L. Marshall Trust, The Marshall
Family Trust, 1105 East Katella Avenue, Anaheim, CA 92805
Ewing Enterprises, c/o See Development Limited Partnership, Thomas Ewing,
4931 Birch Street, Newport Beach, CA 92614
AGENT: Integral Partners, LLC, John Stanek
160 Newport Center Drive, Suite 240, Newport Beach, CA 92660
LOCATION: 1005 - 1105 East Katella Avenue: Property is approximately 4.6
acres, having an approximate frontage of 306 feet on the north side of Katella
Avenue and located 658 feet east of the centerline of Lewis Street.
This request is to permit the development of the Platinum Vista project, a 327
unit residential condominium project with a 9,500 square foot full service
December 18, 2007
Page 12
restaurant with an outdoor dining area. This project requires approval. of the
following actions:
Conditional Use Permit No. 2007-05248 - To permit the sale and consumption
of alcoholic beverages within afull-service restaurant.
Development Agreement No. 2007-00002 - To adopt a Development
Agreement between the City of Anaheim and Ronald W. Marshall and Deborah
L. Marshall Trust, The Marshall Family Trust, and See Development Limited
Partnership to provide for the development of the Platinum Vista project.
Tentative Tract Map No. 17186 - To establish a 2-lot (1 lettered and 1
numbered) residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA Subsequent Environmental Impact Report No. 334 approved (Vote: 6-0,
Commissioner Velasquez abstained).
Conditional Use Permit No. 2007-05248 granted (PC2007-154)
Recommended City Council approval of Development Agreement No. 2007-
00002 (PC2007- 155).
Tentative Tract Map No. 17186 approved (PC2007-156).
(Planning Commission meeting of December 10, 2007).
MOTION: K/H CEQA SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT NO. 334.
RESOLUTION NO. 2007-248 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM granting Conditional Use Permit No. 2007-05248.
ORDINANCE NO. 6090 (INTRODUCTION) AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM (i) approving Development
Agreement No. 2007-00002 by and between the City of Anaheim and Ronald W.
Marshall and Deborah I. Marshall Trust, the Marshall Family Trust, and See
Development Limited Partnership (ii) making certain findings related thereto,
and (iii) authorizing the Mayor to execute said agreement for and on behalf of
the City.
RESOLUTION NO. 2007-249 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM granting Tentative Tract Map No. 17186.
(Approved Vote: 5-0)
Sheri Vander Dussen, Planning Director, reported this item was a request to enter into
a development agreement to develop the Platinum Vista project, amixed-use project of
327 residential units and 9,500 square foot restaurant space. She further reported that
the Planning Commission had recommended approval of the permit to allow alcoholic
beverages, the development agreement and a tentative tract map. Located on 4.6
acres on the north side of Katella and presently developed with Mr. Stox Restaurant as
well as two industrial buildings, she indicated the property was zoned for industrial
uses. On December 11, she added, Council approved reclassification of this property
to include it in the Platinum Triangle mixed-use overlay zone. She explained the project
would be a podium-style building with residential and commercial uses surrounding a
subterranean parking structure with a density of 71 units per acre. The property would
include the construction of an interim private street developed with public street
standards, which would ultimately be dedicated a public street when the adjoining
December 18, 2007
Page 13
Platinum Gateway project was developed. She described the architectural designs and
amenities proposed and also pointed out the existing restaurant, Mr. Stox, would
continue as the tenant and that the conditional use permit was to allow alcoholic
beverages for that restaurant. She added there was currently an over-concentration of
licenses in this census tract but the population numbers used to calculate that ratio did
not reflect the increase of population in the Platinum Triangle, pointing out the Police
Department unilaterally denied such licenses on the basis of over-concentration; but
they did not feel this permit would negatively impact the surrounding neighborhood.
Mayor Pringle commented he believed liquor licenses should be considered based on
impacts, rather than as an arbitrary denial based on density. He opened the public
hearing for comments.
Greg McCafferty, Sheldon Group, remarked the developer supported staff's
recommendation and the Planning Commission's approval of the project and requested
Council uphold the Commission's actions.
Ron Marshall, proprietor of Mr. Stox restaurant for 40 years, added that he supported
the project and was looking forward to being an integral part of it. He indicated that he
had an agreement with Sheldon Group to lease the restaurant for most of next year and
would also have an opportunity to look for a temporary place from which to operate his
business during the 18 months of construction.
John Stannick, Integral Partners, was also available to answer questions.
Council Member Galloway requested additional details on the units. Mr. McCafferty
responded the units would be rentals due to today's housing and credit market, pointing
out that as the economy changed, it was their goal to convert the units to condominiums
in the future. From a design and building standpoint, the units would be built the same
way, with no change in quality and no physical changes required to convert the units to
condominiums. He added there were a variety of floor plans and a variety of sizes and
the rental fee would be driven by the market. Anticipated sizes were in the 700 to 1,500
square foot range with one, two and two bedroom with lofts floor plans.
With no other comments offered, Mayor Pringle closed the public hearing. Council
Member Hernandez added Mr. Stox was a community asset and during the
construction phase, he would encourage finding a location in the City for a temporary
operation.
Council Member Kring moved to approve the CEQA Subsequent Environmental Impact
Report #334; and RESOLUTION NO. 2007-248 OF THE CITY OF ANAHEIM granting
Conditional Use Permit 2007-05248 and to introduce ORDINANCE NO. 6090 OF THE
CITY OF ANAHEIM approving the Development Agreement #2007-00002 with Ronald
W. Marshall et al and to approve RESOLUTION NO. 2007-249 OF THE CITY OF
ANAHEIM granting Tentative Tract Map #17186, seconded by Council Member
Hernandez.
Council Member Galloway requested the developer, as the project moved forward,
consider housing needs for all members of the community. Mayor Pringle was
supportive in having restaurant activity along Katella as it contributed to the urban
atmosphere the City was trying to foster in this area. Council Member Sidhu thanked
December 18, 2007 Page 14
the developer for taking a risk during the downturn in economy and investing in
Anaheim.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring
and Sidhu. Noes - 0. Motion Carried.
38. CEQA SECOND ADDENDUM TO THE PLATINUM TRIANGLE FINAL SEIR
5026 NO. 332
DEVELOPMENT AGREEMENT N0.2006-00002
OWNER: Platinum Triangle Partners, LLC
25 Enterprise, Aliso Viejo, CA 92656
AGENT: Andrew Han, Lennar, 25 Enterprise
LOCATION: 2050 South State College Boulevard and 2015 - 2125 East
Orangewood Avenue: Property is approximately 15.6 acres, located at the
northeast corner of State College Boulevard and Orangewood Avenue.
This request is to permit the A-Town Stadium development, an 878-unit,
residential project consisting of six development areas, two public parks and
new public connector streets. This project requires approval of the following
actions.
Conditional Use Permit No. 2006-05093 - To permit two residential tower
structures up to 350 feet in height.
Development Agreement No. 2006-00002 - To adopt a Development
Agreement between the City of Anaheim and Platinum Triangle Partners, LLC to
provide for the development of the A-Town Stadium Master Site Plan.
Tentative Tract Map No. 16860 - To establish a 10-lot (6 numbered and 4
lettered), residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA Second Addendum to the Platinum Triangle Final SEIR No. 332
approved (Vote: 6-0, Commissioner Agarwal absent).
Conditional Use Permit No. 2006-05093 granted (PC2007-135)
Recommended City Council approval of Development Agreement No. 2006-
00002 PC2007-136).
Tentative Tract Map No. 16860 approved (PC2007-137).
(Planning Commission meeting of October 29, 2007).
MOTION: G/K CEQA SECOND ADDENDUM TO THE PLATINUM
TRIANGLE FINAL SEIR NO. 332. (Approved Vote: 5-0)
ORDINANCE NO. 6091 (INTRODUCTION) AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ANAHEIM (i) approving Development
Agreement No. 2006-00002 by and between the City of Anaheim and Platinum
Triangle Partners, LLC (ii) making certain findings related thereto, and (iii)
authorizing the Mayor to execute said agreement for and on behalf of the City.
Sheri Vander Dussen, Planning Director, reported this item was a request by Lennar to
enter into a development agreement with the City for A-Town Stadium project which
included 878 units, two public parks and a new public connector street on about 15.6
acres located at the northeast corner of State College Boulevard and Orangewood
Avenue in the Platinum Triangle. On October 29th, she announced, the Planning
Commission recommended approval of the development agreement to the City Council
December 18, 2007 Page 15
and also approved a conditional use permit for two towers on the site to be up to 350
feet in height. The Commission also approved the tentative tract map to create a
condominium subdivision on property previously developed with five industrial buildings,
four of which had been demolished. She explained the applicant proposed a master site
plan that included the development of 177 stacked flats, 161 lofts, 94 podium
townhomes and 446 tower residential units. The densities ranged from 47 units per acre
to 153 units per acre with an average density on the site of 70 units per acre. The
master site plan per City code was intended to be general in nature and Ms. Vander
Dussen noted that detailed final site plans for each of the buildings would be approved
by the Planning Commission before any permits were issued. The master site plan
included the development of two public parks totaling about .9 acres with one of the
parks to be complemented by two park easements and a covered flood control channel
that would function as a extension of the park. There was also to be a pedestrian walk
located on the flood control channel. She indicated the development agreement had a
15 year term since it was a master site plan to allow for build out of this project. The
development of 197 residential units in Development Areas A & B with the completion of
Public Park 1 required within the first five years. She ended her presentation stating
staff recommended Council adopt the development agreement as recommended by the
Planning Commission.
Mayor Pringle opened the public hearing.
Andrew Han, representing Lennar, emphasized staff conclusions and recommendations
were supported by the developer and that he was available for questions.
With no other comments offered, the public hearing was closed.
Council Member Galloway asked what the timeline for A-Town Metro project was in
relation to the Stadium project. Mr. Han responded A-Town Metro was approved in
October 2005 and provided for an initial window of five years to meet certain
milestones. Most of the horizontal development had been completed; all infrastructures
were in place with the exception of a small area around the three acre park. Mr. Han
indicated the development of A-Town Metro was previously scheduled to start
construction late 2007 and early 2009 but due to changes in the market place and
deterioration of the residential market, Lennar was currently projecting nine to15
months delay in start up construction. As market conditions were dynamic, he added,
Lennar continued to monitor and adjust its business plan accordingly.
Mayor Pringle pointed out tonight's action would establish a development agreement as
the City had done for a number of projects in the Platinum Triangle, which basically
reserved units, provided a cursory plan of building blocks for the proposed projects with
all other approvals returning to the City for approval prior to construction.
Council Member Galloway moved to approve the CEQA documents, to introduce
ORDINANCE NO. 6091 OF THE CITY OF ANAHEIM approving Development
Agreement #2006-00002 with Platinum Triangle Partners LLC and making certain
findings, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle,
Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried.
December 18, 2007
Page 16
39. CEQA NEGATIVE DECLARATION
C410 GENERAL PLAN AMENDMENT NO. 2007-00456
AGENT: La Vue LLC, 30622 La Vue Street, Laguna Niguel, CA 92677
LOCATION: 2800-2816 West Lincoln Avenue,121 and 131 South Dale
Avenue and 125-137 South Dale Avenue:
Portion A: Property is approximately 1.35-acres, and is located at the
southwest corner of Lincoln Avenue and Dale Avenue (2800 - 2816 West
Lincoln Avenue)
Portion B: Property is approximately 0.82-acre, having a frontage of 150 feet on
the west side of Dale Avenue and is located 310 feet south of the centerline of
Lincoln Avenue (121 and 131 South Dale Avenue).
Portion C: Property is approximately 0.82-acre, having a frontage of 150 feet on
the west side of Dale Avenue and is located 460 feet south of the centerline of
Lincoln Avenue (125-137 South Dale Avenue).
General Plan Amendment No. 2007-00456 -Applicant-initiated request to
amend the land use element map of the General Plan redesignating Portion B
from the Corridor Residential designation to the Low-Medium Density
Residential land use designation. City-initiated request (Planning Department)
to amend the land use element map of the General Plan redesignating Portion A
and Portion C from the Corridor Residential designation to the Low-Medium
Density Residential land use designation.
Reclassification No. 2007-00200 -Request reclassification of Portion B from
the RM-4 (Multiple-Family Residential) zone to the RM-3 (Multiple-Family
Residential) zone or less intense zone.
Conditional Use Permit No. 2007-05204 -Request to construct a 14-unit
attached single-family condominium planned unit development with modification
of development standards and waiver of minimum setback between buildings on
Portion B.
Tentative Tract Map No. 17047 - To establish a 1-lot, 14-unit airspace attached
residential condominium subdivision on Portion B.
ACTION TAKEN BY THE PLANNING COMMISSION:
CEQA Negative Declaration approved (Vote: 6-0; Commissioner Agarwal
absent}.
Recommended City Council approval of General Plan Amendment No. 2007-
00456 (PC2007-128).
Reclassification No. 2007-00200 granted (PC2007-129).
Waiver of Code Requirement approved.
Conditional Use Permit No. 2007-05204 granted (PC2007-130)
Tentative Tract Map No. 17047 approved (PC2007-131).
(Planning Commission meeting of October 29, 2007).
MOTION: H/K CEQA NEGATIVE DECLARATION. (Approved Vote: 5-0)
RESOLUTION NO. 2007-250 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving General Plan Amendment No. 2007-
00456, pertaining to the Land Use Element.
ORDINANCE NO. 6092 (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the
Anaheim Municipal Code relating to zoning (Reclassification No. 2007-00200).
December 18, 2007
Page 17
Sheri Vander Dussen, Planning Director, indicated the Planning Commission had
approved entitlements to develop a 14-unit condominium project on Portion B of the
properties located at the southwest corner of Lincoln Avenue and Dale and also
recommended approval of the City-initiated amendments to the general plan for
Portions A and C.
She explained Portion B was zoned for multiple-family residential and the general plan
designated this property for corridor residential land uses. The property was developed
with two detached residential units and the applicant was requesting an amendment to
the general plan to redesignate the site to the low/medium density residential
designation and a reclassification from the RM4 zone to the RM3 zone. These actions
would allow the construction of the proposed 14 unit condominium project.
Portion A, she reported, was a 1.35 acre property currently zoned for general
commercial and the general plan designated for corridor residential land uses. This
property was developed with the recently constructed drive-through restaurant and an
older strip retail center. Staff initiated an amendment to the general plan to designate
the site for low/medium density residential units; the site had been identified in the
Housing Element as a housing opportunity site and staff believed a designation with a
higher density would provide greater incentive to develop the property with residential
uses.
Portion C, she explained, was 1.2 acres currently zoned RM3 and the general plan
designated the property for corridor residential land uses. This property was recently
developed with a 14 unit condominium project and staff also initiated an amendment to
the general plan to redesignate the site to the low/medium density residential
designation. This request, she emphasized, would facilitate a consistent land use
designation with the adjacent properties and was consistent with the existing
development on the property. Both property owners had expressed support for the
requested changes to the designations on the property and there were no new
developments proposed on either of these sites. Ms. Vander Dussen added staff was
supportive of these requests and the applicant's proposed development plan.
After discussion was held clarifying the reclassification requests, Mayor Pringle opened
the public hearing.
George Bennett, architect, remarked the owner was in agreement with the conditions
and proposals of the Planning staff and was also considering converting the units to
rental units due to existing market conditions.
With no other comments offered, the public hearing was closed.
Council Member Hernandez moved to approve CEQA Negative Declaration and to
approve RESOLUTION NO. 2007-250 OF THE CITY OF ANAHEIM approving General
Plan Amendment #2007-00456 pertaining to the Land Use Element and to introduce
ORDINANCE NO. 6092 OF THE CITY OF ANAHEIM amending the zoning map in Title
189 of the Code, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor
Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion
Carried
December 18, 2007
Page 18
40. CEQA NEGATIVE DECLARATION
C280 RECLASSIFICATION NO. 2006-00190
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2006-05175
TENTATIVE TRACT MAP NO. 17139
OWNER: Natalie Tran, 3100 Lindacita Lane, Anaheim, CA 92804-1715 and
Quyen Tran, 237 South Beach Boulevard, Anaheim, CA 92804-1815
AGENT: Mertco, Attn: Roy Ward, 2614 Ocean Boulevard
Corona Del Mar, CA 92625
LOCATION: 237 South Beach Boulevard and 3100 West Lindacita Lane:
Portion A: This irregularly-shaped 0.27-acre property has a frontage of 47 feet
on the southeast side of Lindacita Lane and a maximum depth of 142 feet (3100
West Lindacita Lane).
Portion B: This irregularly-shaped 1.68 acres property is aland-locked parcel
with a maximum depth of 287 feet and is located north across a flood control
channel from 3067 and 3079 West Orange Avenue and is located 175 feet
south of the centerline of Grand Avenue (237 South Beach Boulevard).
General Plan Amendment No. 2007-00470 -Request withdrawn by applicant.
Reclassification No. 2006-00190 -Request reclassification of Portion B from
the T (Transition) zone to the RS-4 (Residential, Single-Family) zone, or a less
intense zone and to remove the Mobile Home Park Overlay zone.
Conditional Use Permit No. 2006-05175 -Request to construct a 9-unit
detached single-family residential subdivision with waiver of improvement of
private street for Portions A and B, and waiver of minimum lot area for Portion A.
Tentative Tract Map No. 17139 - To establish a 10* numbered (legally
advertised as 12) and 1 lettered lot, 10-unit detached single-family residential
subdivision for Portions A and B.
ACTION TAKEN BY THE PLANNING COMMISSION:
Negative Declaration approved (Vote: 7-0).
General Plan Amendment No. 2007-00460 withdrawn by Applicant.
Reclassification No. 2006-00190 (PC2007-117), Waiver of Code Requirement,
Conditional Use Permit No. 2006-05175 (PC2007-118) and Tentative Tract Map
No. 17139 denied (Vote: 4-3; Commissioners Buffa, Eastman and Karaki voted
to approve the above-referenced items).
(Planning Commission meeting of October 15, 2007)
(Appealed by Agent, Mertco, Inc.).
MOTION: K/H (Approved 4-1, Sidhu voted no)
RESOLUTION NO. 2007-251 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM denying Reclassification No. 2006-00190.
RESOLUTION NO. 2007-252 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM denying Conditional Use Permit No. 2006-05175.
RESOLUTION NO. 2007-253 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM denying Tentative Tract Map No. 17139.
Planning Director Sheri Vander Dussen stated the Planning Commission had denied the
applicant's request for a subdivision to create a new residential development on October
15th and the applicant had appealed that decision. She explained the properties were
December 18, 2007
Page 19
segmented into Portion A: 3100 West Lindacita Lane and Portion B: 237 South Beach
Boulevard and were developed with two single family homes, however the home on
Portion B was landlocked and needed access through the adjacent Cherokee Estates
Mobile Home Park.
Portion A, she explained, was a single family residential parcel located at a knuckle
where Lindacita Lane and Grand Avenue met and would be demolished with a new
home constructed on the south side of the site to make room for a new access road.
The home on Portion B would remain and occupy Lot 10 of the proposed 10-home
subdivision. The new private street on Portion A would provide vehicular access to a
public street for all ten homes. Each home would have atwo-car garage and a driveway
to park up to four vehicles and seven additional parking spaces were provided for
visitors throughout the subdivision.
A change of zone, she informed Council, was requested for Portion B from the
Transition Zone with the Mobile Home Park overlay to the Single Family Residential
Zone and no change of zone was proposed for Portion A as it was already zoned Single
Family Residential
The applicant requested a deviation from city standards for private streets which
provided for sidewalks and parkways on both sides of a road. Since sidewalks and
parkways were proposed for the majority of the lots and the elimination of sidewalks for
two lots, and a parkway at the north property line for a portion of the street, staff believed
the intent of the code was served.
As members of the Planning Commission denied the project due to concerns about
unsafe ingress and egress of the proposed private street, a revised entry road design
was now proposed to provide for improved views along Grand Avenue. Ms. Vander
Dussen provided specifics of that revised street plan, noting staff supported the new
street design. She explained the revised curvature of the proposed street would require
a deviation of code for the minimum lot area for Lot 1, explaining how the reduction
would occur and why staff felt approval of the waiver would not result in increased
density on the property and recommended approval of the proposed lot size.
She ended her presentation stating staff believed the proposed project achieved the best
design for this residential project and that it allowed for an adequate amount of usable
open space for each of the homes. She remarked the Commission's primary concern
pertained to the access of the new street and the applicant now proposed a new design
to address the Commission and the City's concerns and recommended approval of the
proposed project. She added revisions were now reflected in the attached resolutions
provided to Council as follows: legal description on attachment 4, modified to include
only Portion B of the site; references to development on attachment 5 also modified to
clarify that one of the new homes was in a different zone from the other eight new
homes; Condition No. 2 was modified to require a solid block wall rather than just a block
wall.
Council Member Sidhu asked what was happening on Lot 10; Mr. Ted White, Senior
Planner, responded Lot 10 held an existing single family home which would be retained
by the Tran family. Council Member Sidhu expressed concern that future development
of that lot would take access to the public streets through the proposed private street
and asked if a parking study had been done. Mr. White responded a parking study was
December 18, 2007
Page 20
not performed and environmental documentation for any future subdivision of Lot 10
would be required. Council Member Kring asked if the project was approved tonight,
would that allow the other side to be developed with a similar number of homes; an
affirmative answer was given.
Mayor Pringle opened the public hearing.
Roy Ward, Mertco Inc., representing the applicant, stated this project with a landlocked
parcel would be developed for single family moderately priced residential homes for
working families and that he had worked with staff to come up with a better solution for
access to the property through a private lot to Lindacita and the Grand Avenue knuckle.
He added all conditions recommended by staff were approved by the applicant.
Jack Seawright, neighbor, expressed concern over safety issues with the private road
configuration.
An unidentified neighbor also expressed concern over construction traffic and safety
issues associated with the proposed private street access. She felt access should be off
Beach Boulevard rather than Lindacita.
Ray Hogue, Lindacita neighbor, emphasized that the way of life he and his neighbors
had enjoyed for so many years was being threatened by this project.
Shirley Bonham, Lindacita neighbor, opposed this development, citing traffic and safety
concerns and pointing to the higher density not being compatible with the neighborhood.
Mark Daniels, West Del Monte Drive neighbor, stated the City was asking too much of
the residents of this area with increased traffic and disruption of their lives.
Ron Edowin, South Grand Street, opposed the project due to traffic concerns.
Scott Lane, South Grand Street, expressed concern over safety, traffic, spillover parking
and red curbs to be placed in front of some of the existing homes.
Betty Wilkinson, West Lindacita, urged Council to uphold the findings of the Planning
Commission and deny this project which would impact quality of life and property values
of the surrounding neighbors. She indicated there had been 41 residents in opposition
to this project at multiple public hearings, and 17 letters and two petitions had also been
received in opposition as well.
With no other comments offered, the public hearing was closed.
Mr. Ward responded the developer met code, followed City ordinances and the project
would be designed to City standards. The lots were possible because the project would
be a small community with a homeowners association and its own CC&R's and bylaws
and he did not feel the private street as reconfigured was a cause for concern.
Council Member Sidhu inquired if the developer owned the properties on the other side
of the cul-de-sac. James Tran, representing the Tran family, stated a sister owned a
house on that site and was presently living there with her family and that the house had
not been bought with the intent to develop this project.
December 18, 2007
Page 21
Mayor Pringle remarked that he felt most of the comments raised about additional traffic
and other safety issues from a development with nine homes would not be a burden to
the neighborhood and would not put children at risk. He also felt the introduction of
homes in a stable single family neighborhood should be compatible with that
neighborhood in terms of lot sizes. He believed the lot sizes should be similar and that
the number of units should be reduced. If a higher density was desired, he believed
access should be taken off Orange or Beach Boulevard. He stated he had met with the
applicant twice, read the letters and emails and phone call messages in addition to
listening to public comment and would not feel comfortable supporting the project as it
was today.
Council Member Sidhu remarked he had some concerns on the legal street width for the
proposed private street and discussed those concerns at length with City Engineer Mark
Vukojevic. Mr. Vukojevic remarked Council Member Sidhu had raised valid concerns
and he would like the opportunity to revisit that issue. Council Member Sidhu then
responded he could not support the project at this point.
Council Member Kring stated she had also struggled with this project and had met with
the applicant and listened to comments as well. She recommended the applicant
reconsider the project, hold community meetings and return with an improved product.
Council Member Hernandez indicated that he also met earlier with residents and staff,
stating he was not ready to move forward with the project. He suggested adjustments
be made to make the project more palatable to the neighborhood and to mitigate those
concerns raised.
Council Member Kring moved to adopt RESOLUTION NO. 2007-251 OF THE CITY OF
ANAHEIM denying Reclassification #2006-190 and to adopt RESOLUTION NO. 2007-
252 OF THE CITY OF ANAHEIM denying Conditional Use Permit No. 2006-5175 and to
adopt RESOLUTION NO. 2007-253 OF THE CITY OF ANAHEIM denying Tentative
Tract map No. 17139, seconded by Council Member Hernandez. Roll call vote: Ayes -
4; Mayor Pringle, Council Members: Galloway, Hernandez, Kring Noes - 1; Council
Member Sidhu. Motion Carried.
Report on Closed Session Actions: None
Council Communications:
Council Member Hernandez reported on the passing of the several Anaheim City
Retirees: Eve B. Sensano, Police Department; Melvin Beavers, Community Services;
Janet M McCrorey, Community Services and Jennie Perez, Public Works.
Council Member Kring commended the Anaheim Activities League for the successful
Winter Wonderland event held for the children. She also commented with pleasure on
her attendance at the graduation exercise of the Youth Leadership of America and the
accomplishments of the program.
Council Member Sidhu reported on an article in the Orange County Register ranking
Orange County number 15 for the most secure major metropolitan areas. He also
December 18, 2007
Page 22
remarked on federal funding for several transportation projects moving in a positive
direction and that the City's government relation's team would continue to monitor.
Mayor Pringle, along with each member of the Council, wished the community a Merry
Christmas and a healthy, productive New Year.
Adjournment:
At 9:52 P.M., Mayor Pringle adjourned the December 18, 2007 meeting.
Res tfully submitted,
Linda Nguyen
City Clerk