04-16-1991 Council Minutes450
CITY COUNCIL
OF A REGULAR
APPROVED BY CITY COUNCIL ON APRIL 23,
MINUTES
MEETING
1991.
ORANGE, CALIFORNIA
APRIL 16, 1991
The city Council of the City of Orange, California convened this
16th day of April, 1991 at 3:00 p.m. in the Council Chambers, 300 E.
Chapman Avenue. Oranae. california.
NOTE: The City Council met in a Workstudy Session at 2:00 p.m. in
the Weimer Room to discuss the Pitcher Park project.
1. OPENING
1.1 PLEDGE ALLEGIANCE TO THE FLAG
1.2 ROLL CALL
PRESENT - steiner, Barrera, Mayor Beyer, Coontz, spurgeon ABSENT -
None 1.3
APPROVAL OF MINUTES Regular Meeting -
April 9, 1991 MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer,
coontz, spurgeon ACTION: Approved.1.4 PRESENTATIONS/ANNOUNCEMENTS/
INTRODUCTIONS a.
Presentation of Resolution No. 7782,
expressing appreciation to the Emergency Dispatchers of
the Fire and Police Departments and dedicating the week
of April 14-20, 1991 as "TELECOMMUNICATORS WEEK".b. Presentation
of Resolution No.
7780, expressing appreciation to Janet Gonzalez, Joe
Nieblas, and Gary "Ske"Olschewske for donating to the
City of Orange a Welcome Home Banner honoring the men and
women who served in the Persian Gulf War.Mayor Beyer announced
the city
would be participating with Chapman College in a celebration
to welcome back the troops on May 14. A resolution from
the city will be presented at that time.1.5 PROCLAMATIONS:a.
Fair
Housing Month - April,
1991 was presented to Lynn Tsuda, Executive Director YWCA.b. victim
Rights Week - April 21-
27, 1991. No one was present to accept the proclamation.Page 1
451
CITY COUNCIL MINUTES
APRIL 16, 1991
1.4 PRESENTATIONS/ANNOUNCEMENTS/INTRODUCTIONS (continued)
c. Recycling Week - April 21-27, 1991 was presented to Frank
Page, Director of Public Works.
Mayor Beyer introduced Robert O. Franks, new city Attorney.
2.CONSENT CALENDAR TAPE 660
2.1 Declaration of city Clerk Marilyn J. Jensen declaring posting
of City council Agenda of a regular meeting of April 16, 1991,
at Orange Civic center, Main Library, New police Facility at
1107 N. Batavia and the Eisenhower Park Bulletin Board; all of
said locations being in the city of Orange and freely
accessible to members of the public at least 72 hours before
commencement of said regular meeting.
ACTION: Accepted Declaration of Agenda posting and authorized
its retention as a public record in the Office of the City
Clerk.
2.2 CLAIM FOR DAMAGES FROM:
a. CHERYL & LEIGH BRANHAM for an alleged incident occurring on
or about January 12, 1991. (S 64251 PRB)
ACTION: Denied claim and referred to city Attorney and
Adjuster.
Council asked to be advised as to the outcome of the various claims
against the city. The City Attorney agreed to advise council as to
the outcome of a case, once it has been closed.
2.3 Request for continuation of Agreement with security Pacific
National Bank relating to Community Development Block Grant
Housing Rehabilitation Programs. (A2100.0 A1030.B)
ACTION: Approved.
REMOVED AND HEARD SEPARATELY)
2.4 Request to authorize appropriation of $175,000.00 to the City
Attorney's budget, Account 100-0301-426100
for miscellaneous legal services. (Continued from April 9, 1991.) (
C2500. B)Councilman spurgeon reported he would abstain from
voting on this issue on the advice of his attorney, since some
of the attorneys' fees involve the lawsuit of the City of
oraDge vs.Don Greek, which action was initiated before he
was appointed to the council. In the future, he would like
any items relating to this lawsuit separated out on the agenda,
so he would have to abstain on that item only. The
city Attorney agreed to
do this.
Page
4 5 2
CITY COUNCIL MINUTES APRIL 16, 1991
2. CONSENT CALENDAR (Continued)
MOTION - Barrera SECOND -
steiner AYES - Steiner,
Barrera, Mayor Beyer, Coontz ABSTAINED - Spurgeon ACTION:
Approved.Council directed
the city
Attorney to advise them where the money for outside attorneys' fees was
being spent in the future.MOTION - Barrera SECOND - Coontz
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon Item 2.4 was removed and heard
separately. All other items on the Consent Calendar were approved as recommended.END
OF CONSENT CALENDAR 3. REPORTS FROM
MAYOR BEYER - None 4.
REPORTS FROM COUNCILMEMBERS - None 5.REPORTS FROM
BOARDS. COMMITTEES AND COMMISSIONS TAPE 796
5.1 Donation of $2.000.00 to the
May Festival Advisory Committee to be used for publicity and promotions for the Oranqe
Javcees' "Red.White and Blue Celebration" Parade. (OR1800.0.33)The
Special Events Coordinator reported the event is sponsored
by the Orange JayCees, who have committed to making this year'
s event memorable, in honor of our returning troops. The event
will be held on May 9-12, 1991. The parade is on
Saturday, May 11.MOTION - Coontz SECOND - Barrera AYES - steiner, Barrera, Mayor
Beyer, Coontz, spurgeon
Moved to approve
a donation of $2,000.00 to the
May Festival Committee.5.2 Donation of $75.00 to the Advertisinq and
Promotion
Committee for fIvers advertisinq the Santiaqo Creek Clean-up on April 20.
1991. (OR1800.0.17)MOTION - Mayor Beyer SECOND - Barrera AYES -
Steiner, Barrera, Mayor Beyer,
Coontz, Spurgeon Moved to
approve a donation
of $75.00 to the Advertising and Promotion
Committee.Page 3 r---
CITY COUNCIL MINUTES APRIL 16, 1991
453
6.ADMINISTRATIVE REPORTS TAPE 954
6.1 Updated Report on the Fourth of JulY Proqram honorinq our
Persian Gulf Veterans. (C2500.D)
The Special Events Coordinator reported meetings have been held with
a committee consisting of representatives from non-
profit organizations who had previously benefitted from the sale
of fireworks. They would like to have a pancake breakfast in
the morning, a craft fair, and a fireworks display in the evening.
They would like to sell beer, and each non-profit organization would
get a percentage of the total profits from the various
activities. The Street Fair committee does not feel this program would take
away from the Street Fair. The restrictions from the
Alcoholic Beverage Commission for beer sales would be the same for this event as
for the
Street Fair.They are to meet with the Mayor and report back to Council
next week,with an estimate of monies requested from the city for
staffing the event, since time is getting very short to plan this
event. Some departments felt they would need about the same amount of
money to staff the event as they did to monitor fireworks
sales. Council expressed support of the program to fill the void of
no fireworks with
other activities.MOTION -
Barrera SECOND - Coontz
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon Moved
to have the Special Events Coordinator return to Council next with
an update on projected costs to the city for the event.7.
REPORTS FROM CITY MANAGER - None 8.LEGAL
AFFAIRS TAPE 1624 8.1
ORDINANCE NO. 8-91 An
Ordinance of the City Council of the city of Orange permitting the creation
of easements by the recordation of a Covenant of Easement pursuant
to sections 65870 through 65875 of the California Government Code. (
A2500.0 Easements)MOTION
SECOND
AYES
Barrera
Coontz Steiner,
Barrera, Mayor
Beyer, Coontz, Spurgeon That Ordinance No.
8-91 have second reading waived and be adopted and same was
passed and adopted by the preceding vote.Page 4
r-
4 5 4 CITY COUNCIL MINUTES APRIL 16, 1991
8. LEGAL AFFAIRS (Continued1
8.2 ORDINANCE NO. 9-
91 An Ordinance of the city Council of the city of Orange revising
the titles of certain City officers and employees who are required
to file Disclosure Statements. (A2500.0 Disclosure
Statements)MOTION - Barrera
SECOND - Spurgeon AYES -
Steiner, Barrera, Mayor Beyer, Coontz, spurgeon That Ordinance
No. 9-91 have second reading waived and be adopted and same
was passed and adopted by the preceding vote.8.
3 RESOLUTION NO. 7786 A
Resolution of the City Council of the City of Orange supporting grade
separation of rail-highway and rail-rail crossings in
the LOSSAN Corridor and pursuit of Federal financial participation
in this effort. (T2200.1.
4)MOTION - steiner
SECOND - Coontz AYES -
Steiner, Barrera, Mayor Beyer, coontz, spurgeon That Resolution
No. 7786 as introduced be adopted and same was passed and adopted
by the preceding vote.8.4
RESOLUTION NO. 7788 A Resolution
of the City Council of the City of Orange overruling the recommendation of
the Planning commission, and approving an amendment of General
Plan Land Use Element to change the designation on certain property situated
at 393-395 S. Tustin Street from low medium density residential
to medium density residential. (C2300.E No. 1-91)
MOTION - Coontz SECOND -
steiner AYES - steiner,
Barrera, Mayor Beyer, Coontz, spurgeon That Resolution No.
7788 as introduced be adopted and same was passed and adopted by
the preceding vote.8.5 RESOLUTION
NO. 7789 A Resolution of
the City Council of the City of Orange amending section 10.30.
040 A to add to area D of the neighborhood parking permit program certain
segments of First Street, Center Street and Pearl Street. (S4000.
S.3.1)MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, spurgeon Page 5
455
CITY COUNCIL MINUTES APRIL 16, 1991
8. LEGAL AFFAIRS (Continued1
That Resolution No. 7789 as introduced be adopted and same was passed
and adopted by the preceding vote.
8.6 RESOLUTION NO. 7790
A Resolution of the City Council of the City of Orange giving notice
of the intent to vacate and abandon a portion of the Chapman Avenue
right-of-way easement, west of Trails End Lane, approximately
880.57 feet in length, 4 feet wide tapering westward to nil. (S4000.
S.4)MOTION -
Barrera SECOND - steiner
AYES - Steiner, Barrera, Mayor Beyer, Coontz, Spurgeon That
Resolution No. 7790 as introduced be adopted and same was passed and
adopted by the preceding vote.8.
7 RESOLUTION NO. 7791 A
Resolution of the City Council of the City of orange creating a citizens
Housing Task Force Committee. (OR1800.0.42.1)Council
questioned the purpose of this committee, since the same committee
had been in existence before, but was disbanded with the formation
of the non-profit housing corporation. The Director of
Economic Development reported this committee will be an advisory
group for the Housing Needs Assessment Study currently being
conducted by David Rosen and Associates.
MOTION - Barrera SECOND -
Coontz AYES - Steiner,
Barrera, Mayor Beyer, coontz, Spurgeon That Resolution No.
7791 as introduced be adopted and same was passed and adopted by
the preceding vote.9. RECESS TO
THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10. ORAL PRESENTATIONS -
None THE CITY COUNCIL RECESSED
AT 4:45 P.M. AND RECONVENED AT 7:0Q P.M.MOTION - Beyer SECOND - Barrera
AYES - Steiner, Barrera,
Mayor Beyer, Coontz,
Spurgeon Moved to recess at 4:45 p.
m.Page 6 T
456
CITY COUNCIL MINUTES APRIL 16, 1991
7:00 P.M. SESSION
11. INVOCATION - Father John Janze, st. Norberts Catholic Church 11.
1 PLEDGE ALLEGIANCE TO THE FLAG 11.
2 ANNOUNCEMENTS Naming
9f City of Orange Police Facility. Mayor Beyer recommended that
the City Council name the new city of Orange Police Facility in honor
of Chief Michael Parker, who passed away on March 21, 1991.Chief
Parker spent 27 years as a member of the Orange Police Department,
rising from Patrolman in 1963 to Chief in 1990,displaying
uncommon loyalty and dedication. It would be a fitting memorial
to name the new police facility in his honor, since he had such
a large part in putting it together and seeing that it became a reality. (
P2500.0.8)MOTION -
Mayor Beyer SECOND - Barrera
AYES - steiner, Barrera,
Mayor Beyer, coontz, Spurgeon Moved to attach the
name of Michael Parker to the City of Orange Police Facility with appropriate
ceremony to be held during the month of May on a
date to be designated "Michael Parker Day" in the City of Orange.The family of
Michael
Parker was present to receive a copy of the Mayor'S memorandum and
motion.11.3 INTRODUCTIONS a.
Introduction of new
City Attorney, Robert Franks.RECESS FOR A BRIEF
RECEPTION IN HIS HONOR IN THE GEORGE WEIMER ROOM.b. Introduction of the
Miss Orange Contestants.c. Presentation to Miss
Orange, Jennifer Lopez.11.4 PROCLAMATIONS - None
11.5 PRESENTATIONS Presentation of
Business & Industry Beautification
Awards for 3rd and 4th Quarter of 1990. The
winners were presented a plaque by Tito Parola, Chairman of the Committee.
The winners were as follows:OR1800.0.8.6)commercial:
Marie Callender's #76,
307 E. Katella Ave.Midas Muffler, 1922 E. Chapman
Avenue Non-Profit: First Presbyterian Church
of Orange, 191 N.Orange St.Marywood Center
Roman Catholic
Diocese of orange, 2811 Villa
Real Drive Refurbished: T & T Investments,
1836-1882 N. Tustin st.Page 7
CITY COUNCIL MINUTES APRIL 16, 1991 45.,
11.5 PRESENTATIONS (Continued)
Industrial:Metro Court Business Pk., 514-578 W. Katella
Ave.Mario E. Antonini, 1635 N. Batavia
st.R. Frank Gonzales, 1336 E. Chapman
Ave.The Providence Assn., 1301 W. Stewart, Ste.
100
Office:12. PUBLIC
HEARINGS 12.1 APPEAL NO. 385 AND
DESIGN CONDITIONAL USE PERMIT
1890-91.TOWNE
PRESERVATION ASSOCIATION:REVIEW BOARD APPEAL
NO. 1-91,DESIGN REVIEW
BOARD NO. 2640.TAPE 2790 (
A4000.
0
No.OLD 385)Time set for a public hearing on petition by
the Old Towne Preservation Association to consider Conditional
Use Permit 1890-91,Applicant, Orange County Rescue Mission, which
was aproved by the Design Review Board for consistency with the
Old Towne Guidelines on December 19, 1990 and approved by the Planning
commission on March 4,1991. Conditional Use Permit 1890-91
will allow the construction of a group
home for women and children.The property is zoned
R-4 (Residential Maximum Multiple Family)District. It is located on
the east side of Lemon street,approximately 100 feet north of
Culver Avenue in the Old Towne District and is addressed
357 and 371 South Lemon Street.NOTE: Negative Declaration 1367-
91 has been prepared to
assess the environmental
impacts of this project.REASON FOR APPEAL:THE
APPELLANT STATES THE FOLLOWING REASONS FOR APPEAL:The proposed project, "House of
Hope", to be located at 357-371 S.Lemon, is out of
context with the neighborhood.
The mass, scale and density are at issue."The Director of
Planning reported there are two appeals in question.First is the Design Review
Board appeal; second is an appeal of a Planning Commission approval
for a group home. The Applicant is the orange County Rescue Mission.
They have proposed a group home in the R-4 multiple family
district in the Old Towne area. The original CUP included a request
for a group home and a 3-story structure. The final
plan that was approved by the Planning Commission was
to construct a 2-story, &lmost 15,000 square foot structure.The
proposal was approved by the Planning Commission with a number of
conditions attached to it. Some questions that have been raised in the last
few days are answered in these conditions, one of which
is addressed under #2 of the Planning Commission approval, which speaks
to the occupancy of the structure as approved. The occupancy is limited
to 47 people maximum, to
include 20
458
CITY COUNCIL MINUTES APRIL 16, 1991
12. PUBLIC HEARINGS (Continued)
The project started out as a duplicate of the Ronald McDonald House.
It went to the Design Review Board in December and was approved.
After that hearing, it was appealed by the Old Towne Preservation
Association. Because the application also included a Conditional Use
Permit which was to proceed to the Planning Commission, the appeal of
the design of the original building was stayed by the Council until
the Planning commission could review the request for 3 stories and
the use as a group home.
The Planning Commission heard the application, recommended they
modify the original design of the Ronald McDonald House to something
more in keeping with the Old Towne neighborhood and possibly no
longer needing a 3-story height Conditional Use Permit. The
design shown to Council is the architecture they chose to use in building
a 2-story structure, which they hoped would be more in keeping
with the Old Towne design. The Design Review Board reviewed
the second proposal and gave
their approval.The appeal before Council is first, the original appeal from
OTPA for the Ronald McDonald House structure, which is no
longer being considered for development. The second appeal is also
from OTPA.They feel the structure as proposed is out of context
with the neighborhood. They are concerned with mass, scale and density
of
the structure.Council questioned how the number of occupants would
be regulated.Regulation is the responsibility of the operators
of the establishment. The City only gets involved if it appears
that they are not following regulations. Regular reports to the
City
are required.A letter was received from Supervisor Roth in support of
the project.council questioned why there were two appeals on the
project. The Director of Planning indicated they have changed the way
things are processed, making the DRB advisory to the Planning
commission on these items. The strict wording of the Code indicates that
you do have the right to appeal a Design Review Board decision to
the City council. The timing was such that the Old
Towne Preservation Association did not want to lose their right of appeal, so
both of appeals are
before Council.The city Attorney indicated the DRB findings were in
the planning commission Resolution. Therefore, Council can make one
motion which will
cover both.MAYOR BEYER OPENED THE
PUBLIC HEARING.The following people spoke in favor of
the project:Edmund Werner, 815
S.Esplanade.Mr. and Mrs. Martin Stamm, 193
S. Cypress.Steve Nelson, 357 S.
Olive st.Alice Clark, 205 N.
pine street.
CITY COUNCIL MINUTES APRIL 16, 1991 4 5 9
12. PUBLIC HEARINGS (Continued)
Les Card, Vice Chairman Orange County Rescue Mission, 1733 La Colina
Lane, Santa Ana.
Ken Wade, 371 S. Lemon.
Elmer Holthus, 192 N. Cambridge, owner of apartments at 341 S. Lemon.
They expressed the following points:
Martha House was approved by the Council 5 years ago and over 600 women
have been helped since it opened.Let
charity have prominence over fear.Old Towne
mania should not be allowed.Some close neighbors
do not feel it will detract from the area.It will be a
benefit to women and children in the community who could go there in time
of need.Rather than oppose the House
of Hope, we should applaud what they are trying to do.The Rescue
Mission stepped into a
battle going on since 1974 in this neighborhood when the area was rezoned
for high density..The Rescue Mission has an excellent reputation
in Santa Ana in terms of the work they are doing.Council
was asked to consider restoring residential zoning
in the area.The Old Towne Preservation Assocation has too much
power
in the City.Parking and play space should be provided and the
mothers
given a chance.They have been in operation for over 27 years in
Santa
Ana. They have other half-way houses in Huntington Beach and Irvine.Administrative offices
are in Tustin. They are privately funded,with no
debt.The project meets a demonstrated need for lO,
OOO homeless in
orange County. This is a transitional home intended to change a life,
a complete training program to get people off the streets,trained,
well-established, back on their feet and back into normal society.
Screening for this facility is done in Santa Ana, no
intake
or release is done at this location. There is a full on-site
managing team. There is a monitoring requirement to the city.They are
consistent with all city zoning requirements of scale,context
and density.Over 175 residents in the city of Orange have
sent letters to
the City in support of the project.They have about 30,000 supporters in
the County, about l,500 in
Orange, including 30 churches that actively support the mission project.Dick Donahue, Asst. Supt.
Orange School District, indicated the district is looking forward
to
helping these children and has advised them of the school
fees. Also, the Central Orange County YWCA operates a K-8
school for homeless children and they would welcome the children from
this facility.Potter's Church is for sale, and they approached
the Rescue Mission: they did
not initiate the purchase of this property.Apartment/property owners in the
area feel this facility will improve the area.Page 10
460 CITY COUNCIL MINUTES APRIL 16, 1991
12. PUBLIC HEARINGS (Continued1
The following people spoke in opposition to the project:
John Zazueta, Pastor of the church at 357 S. Lemon.
Anne siebert, 340 s. Olive.
Connie McKay, 356 S. Olive.
Katherine King, 222 W. Palmyra.
Dan Slater, 278 N. pine st.
Robert ijoice, 143 N. pine st., President of Old Towne Preservation
Assocation.
They made the following points:
A church will be displaced if the facility is allowed to be in this
location, which will mean the congregation has no home.The
building is a historical landmark and should not be destroyed.Old Towne
Preservation Association is not against projected use of the facility.This
project is
out-of-context with the area, and approval would set a
precedent for future development in this area that would further deplete
Old Towne resources This project
proposes to demolish a 1924 bungalow that is listed in the historic
inventory.There is not
enough space for a 20 unit project to allow for open space and parking.The
OTPA would only
be happy with the project if it were scaled down in size.The OTPA
would like a
professional opinion of the project from Dan Ryan, Historic Planner.The neighbors in
the area want
the over-building called to a halt. They are meeting as a
committee, trying to get the area rezoned so this type of project
cannot be allowed again.The project will bring more crime,
mass density and a sore eye to the area.The Code indicates the CUP
should not
be granted if it will cause deterioration of bordering land uses or cause special
problems for the area in which it is located. It
must be considered in relationship to its effect on the community or
neighborhood plan for the area in which it is to be
located.Orange has demonstrated its social conscience in many
other ways:senior citizen housing, the Martha House, the Ronald McDonald
House,the developing Queen Anne project on Almond, Olive Crest
and Orangewood. Homeless from allover the area are fed at
Hart Park.The st. vincent de Paul society supplies food service.
There are some group homes in Old Towne on a smaller
scale.These children would cause a burden to the already
overcrowded West Orange Elementary School.They asked Councilmembers which of them
would have no objection
to a 20-unit building in their area.The Orange County Rescue
Mission has not made a sincere
effort to placate the neighborhood.The DRB appeal indicates the design is not
of a pre-
1940 architectural style. The structure is not in context with the neighborhood.
Page 11
CITY COUNCIL MINUTES APRIL 16, 1991 4 61
12. PUBLIC HEARINGS (Continued1
Dan Ryan, Historic Planner, presented his analysis of the project.
He felt the original 3-story project would impact the
quadrant negatively. However, the proposed 2-story structure is
consistent in height and mass with buildings in the area. The density
issue and parking are separate. The building is compatible with
zoning and development standards. The 1924 bungalow on the original
survey has had its architectural
integrity compromised.Council asked for clarification on percentage of property
occupied by the land. Bill O'Keefe, Architect for the project,
indicated the building would occupy 43% of
the site.THERE BEING NO FURTHER COMMENTS, MAYOR BEYER CLOSED
THE
PUBLIC HEARING.MOTION -
steiner SECOND - Barrera
AYES - Steiner, Barrera, Mayor Beyer, coontz, spurgeon Moved
to approve Negative Declaration 1367-91.
MOTION - steiner SECOND -
Coontz AYES - steiner,
Barrera, Mayor Beyer, Coontz, spurgeon Moved to deny
Design Review Board Appeal No. 1-91 concerning Application 2640.
Council supports the finding of the Design Review Board that
this project is consistent with Old Towne design guidelines. In
addition, it will be a significant benefit to the wider community.
MOTION - steiner
SECOND - Coontz AYES -
Steiner, Barrera, Mayor
Beyer, Coontz, spurgeon Moved to deny Appeal No.
385 concerning Conditional Use Permit 1890-91 and incorporate all
28 conditions which need to be met by the Orange County Rescue Mission
to protect the interest of this community, as well as
the welfare of their residents who are being served.12.2 REHEARING
OF
GENERAL PLAN AMENDMENT 3-90. ZONE CHANGE 1129-90.JOHN T.
BRADEN AND TOM WILLIAMS: TAPE 2-61 (C2300.E GPA 3-90)
Time set for a public hearing on petition by John T. Braden and Tom
Williams to reconsider General Plan Amendment 3-90, which was
heard before Council on November 13,
1990.Page
12
4 (, 2 CITY COUNCIL MINUTES APRIL 16, 1991
12. PUBLIC HEARINGS (Continued)
General Plan Amendment 3-90 considers a change to the land
use designation of the project site from low density residential (
2-6 units per acre) to medium density residential (15-24
units per acre),and Zone change 1129-90 to reclassify the
property from R-1-6 (Single Family Residential, Minimum Lot Size
6,000 sq.
ft.) to R-3 Residential Multiple Family).Subject property is located
on the north side of Walnut Avenue between Tustin Street
and
Lincoln (1515, 1527, 1541 E. Walnut Avenue) .NOTE: Negative Declaration 1357
was accepted by
the City Council on November 13, 1990.The Director of Planning
reported the address of the property in question is 1515 E.
Walnut Avenue. At the original hearing, the council reviewed a Zone Change
and a General Plan Amendment to allow
potential multi-unit development over 3 adjoining properties.originally, the
Applicant came in with his parcel. Staff recommended the application be
expanded to include 3 parcels because the 2
similarly-sized parcels adjacent were inconsistent between Zoning and General Plan and they
hoped to resolve the whole issue at one time.The City Council took
final action to rezone all 3 parcels to R-2-6
duplex zoning, with an (A) overlay, which would permit only
single story development on the properties. The General Plan was modified to low-
medium density, which is 6-15 dwelling units per acre on
the 2 parcels to the east, which are currently
developed with 9 unit apartment buildings, built in I-story
fashion. The parcel the Applicant is concerned with is currently developed
with a single family home and the Council recommended that the
General Plan be changed to low density residential. In so
doing, the
Council's action resulted in the property having potential development for only 3 units.
The R-2 Zoning on the property would allow 1 unit for every
3,000 square feet of lot area. The lot is approximately 1/
2 acre, which would, by zoning, permit 6-7 units. The low density
General Plan is 0-6 units per acre, which would
limit the density to only 3 dwelling units. Therein lies
the conflict; the Applicant is requesting a higher density: low-
medium density, which would allow 6-15 units per acre. The
A
overlay further restricts the development on the property, in that
the zoning would still only allow single story development.Councilman spurgeon asked for
verification from Legal Counsel that he would be eligible to vote on this.
He abstained from the request for rehearing because he
was not on the Council at the time of the original
vote. The City Attorney indicated the General Plan Amendment is a legislative
act, not a quasi-
judicial act,
CITY COUNCIL MINUTES APRIL 16, 1991
4 6 3
12. PUBLIC HEARINGS (Continued1
MAYOR BEYER OPENED THE PUBLIC HEARING.
The following people spoke in favor:
Bob Mickelson, 328 N. Glassell
Ethel Braden, 1515 E. Walnut.
Ernie Glassco, 363 N. Lincoln.
They made the following points:
The Applicant is not professionally involved in the zoning process and
did not understand the conflict between the General Plan Amendment
and the Zoning.The
Applicant only wants the General Plan Amendment reconsidered;they are
satisfied with the R-2-6 single-story
overlay.It would be the appropriate action with the character of the
neighborhood.
The Applicant's representative attempted to reach all of people who
spoke at the original hearing, which was the dictate of the Council.
The
Applicant feels the City is discriminating against the property The
Applicant
feels no one will purchase the property with only 2 units on it
and it is a hardship to keep the property.A developer questioned
how the Applicant could put that many units on a parcel that
size and still allow for open space and parking.The following people spoke
in opposition:J. W. Hambidge, 1511
E. Orangegrove Ave.Winnie Meadows, 444 N.
Shattuck.Terry Bredehoft, 1512 E.
Orangegrove.Michael Green, 1517 E.
Orangegrove Ave.Barbara DeNiro, 1118 E.
Adams.Lois Barke, 2022 Spruce.
They made the following
points:Questioned whether the Applicant
has applied for any architectural changes in the building.Objections
are the same as
in November: out of context with the neighborhood - traffic, parking, noise, open green
space, two-story units.Proposed housing is too dense
for
the square footage of the property.Wants Council to keep low density
zoning
with A overlay for single-story units.Greatest concern of neighbors is
the parking.
Existing units have only one parking space per unit. The additional
cars are parked down on Shattuck and cause a problem for residences
nearby.Neighbors felt the decision made by the Council
in November was a good compromise they could live with.Homeowners may have
to continue creating parking-by-permit
streets unless the City requires enough parking for each
additional unit being built.Page 14
464
CITY COUNCIL MINUTES APRIL 16, 1991
12. PUBLIC HEARINGS (Continued)
Project site was designated as a Special Study Area - was this done to
determine the status of the street area?New Zoning
designations have confused citizens: low-medium was formerly called
medium density.City should
have apartment-occupancy limit. City should consider affect on
schools, parking, water usage, quality of life.It is
confusing to have the agenda read like a matter is being heard in its
original format, without giving any updated information.Council requested clarification
on the agenda when an application is being reconsidered by
Council.Council is working
on a proposal to address overcrowding,specifically in apartment
buildings.THERE BEING NO
FURTHER COMMENTS, MAYOR BEYER CLOSED THE PUBLIC HEARING.MOTION - Coontz
SECOND -
Barrera AYES - Steiner,
Barrera, Mayor Beyer,
coontz, spurgeon Moved to approve Negative Declaration 1357.
MOTION - Coontz SECOND - Spurgeon AYES - Steiner,
Barrera, Mayor Beyer,
Coontz, spurgeon Moved
that the city council, in reconsideration of General
Plan Amendment 3-90, designate all three parcels at 1515,
1527, and 1541 E. Walnut, as low-medium density residential and
reclassify all three parcels to R-2-6 (A).13.
PLANNING AND ENVIRONMENT - None
14. REPORTS FROM COUNCILMEMBERS - None 15.
ORAL PRESENTATIONS TAPE 2-1303 Barbara
DeNiro, 1118 E. Adams, addressed
the Council regarding overcrowding and occupancy limits. She feels
the City needs to address this issue immediately.Page 15
CITY COUNCIL MINUTES APRIL 16, 1991 465
16. ADJOURNMENT
MOTION - Barrera SECOND -
spurgeon AYES - Steiner,
Barrera, Mayor Beyer, Coontz, spurgeon Moved to adjourn
at 10:20 p.m.Q~P'~MARILYN
J. NSEt/
C~ CITY CLERK Page 16