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Minutes-ZA 1988/01/28~~- ~i. 's ~~ ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, JANUARY 28, 1988, 9:30 A.M. Annika Santalahti, Zoning Administrator PRESENT: pamela Starnes, Secretary Lori Duca, Assistant Planner Della Files, Assistant Planner Paul Singer, Traffic .Engineer Procedure to Expedite Meeting: The proponents for conditional use permit and variance applications which are not contested will have 5 minutes to present their evidence. In contested applications, the proponents and opponent will each have 10 minutes to present their case unless additional time is requested and the complexity of the matter warrants. After the opponent(s) speak, the proponent will have 5 minutes for rebuttal. Before speaking, please give your name and address and spell your name. Staff Reports are part of the evidence received by the Zoning Administrator at each hearing. Copies are available to the public prior to and at the meeting. The Zoning Administrator reserves the right to deviate from the foregoing if, in the Administrator's opinion, the. ends of fairness to all concerned will be served. All documents presented to the Zoning Administrator for review in connection with any hearing, including photographs or other acceptable visual representations of non-documentary evidence, shall be retained by the City of Anaheim for the public record and shall be available for public inspection. The action taken by the 'Zoning Administrator on this date regarding conditional use permits and variances is final unless, within 15 days of the Zoning Administrator's written decision being placed in the U.S. Mail, an appeal is filed. Such appeal shall be made at any time following the public hearing and prior to the conclusion of the appeal period. An appeal shall be made in written form to the City Clerk, accompanied by an appeal fee equal to one-half the amount of the original filing fee. The City Clerk, upon filing of such an appeal, will set said conditional use permit or variance for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. After the scheduled public hearings, members of the public will be allowed to speak. on items of interest under "Items of Public Interest". Such items must be within the jurisdiction of the Zoning Administrator. Each speaker will be allotted a maximum of 3 minutes to speak. Before speaking, please give your name and address and spell your last name. -.v~~~.-T Page 1 `012•£3 ~~ January 28, 1988 REGULAR MEETING OF THE ZONING ADMINISTRATOR FOR PUBLIC HEARINGS la. EIR CATEGORICAL EXEMPTION-CLASS 5 lb. VARIANCE N0. 3712 OWNERS: GARY RICHARD JOHNSON, 268 Flower Street, Costa Mesa, CA 92627 LOCATION: 2200 South Loara Street Waiver of minimum structural setback to retain a trash enclosure in a front yard. Continued from the meetings of November 5 and December 17, 1987. ZONING ADMINISTRATOR DECISION N0. ZA'88-01 2a. EIR NEGATIVE DECLARATION 2b. VARIANCE N0. 3752 (READY. - ORIGINALLY VARIANCE N0. 3750) OWNERS: ARNT G. QUIST, TRUSTEE OF THE QUIST INC. RETIREMENT TRUST, ,3737 Birch Street, Suite 200, Newport Beach, CA 97660 AGENT: EL CENTRO FOODS, 693042 Tujuna Avenue, North Hollywood, CA 91605 LOCATION: 300 South Anaheim Boulevard Waiver of required number of parking spaces to permit:a take-out restaurant in a proposed commercial center. 88-02 ZONING ADMINISTRATOR DECISION N0. ZA _ 3. ZONING ADMINISTRATOR ADJUSTMENTS: None 4. ITEMS OF PUBLIC INTEREST: Those persons wishing to address the Zoning Administrator under this item are requested to step to the podium, give your last name and address and spell your last name. ADJOURNED• 11:00 a.m. Page 2 Approved in part. Cond #4 nodified to relocate trash encl'osur Cond #5 change from 90 days to 60 days. Approved Approved for this partrcu~l'a tenant (Pizza Mangy Adding a new condition pertaining to operation of Pizza Man , and modifying Cond #11 to prohibit food dispensing at convenience market. 1/28/88 w ~+~ ., r~ AFFIDAVIT OF POSTING ~7 I hereby certify that a complete copy of this agenda was posted at: TIME: ~~~ ~~ ~~~• DATE: a 5 ~ la O WHERE: COUNCILCH''A~~MB1ER FOYER DIQ/S~~P~~LAY11CASE AND OUTSIDE KIOSK SIGNATURE • ~`~~~~l~fs' ~ . ~~~,~~'~(/y)W Page 3 1/28/88 '~ ~. . • REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - JANUARY 28, 1988 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:30 a.m., January 28, 1988, in the Council Chamber. PRESENT: Annika M. Santalahti, Zoning Administrator Lori Duca, Assistant Planner Della Files, Assistant Planner Paul Singer, Traffic Engineer Pamela Starnes, Secretary ITEM N0. 1. EIR CATEGORICAL EXEMPTION-CLASS 5 AND VARIANCE N0. 3712 PUBLIC HEARING. OWNERS: GARY RICHARD JOHNSON, 268 Flower Street, Costa Mesa, CA 92627. Subject property is a rectangularly-shaped parcel of land consisting of approximately 0.68 acre, having a frontage of approximately 100 feet on the east side of Loara Street, having a maximum depth of approximately 295 feet and being located approximately 130 feet south of the centerline of Lorane Way and further described as 2200 South Loara Street. Waiver of minimum structural setback to retain a trash enclosure in a front yard. Continued from the meetings of November 5, 1987 and December 17, 1987 at the request of the petitioner. Since neighbors were present in opposition at the November 5, 1987, hearing, staff notified those people of the requested continuance so they would not attend the hearing unnecessarily. No one indicated their presence on December 17, for this item. There were two people indicating their presence in opposition to subject request at this meeting; and there were six people who spoke at the November 5, 1987, public hearing; and a petition containing 28 signatures was submitted at the November 5, 1987 public hearing. Although the staff report was not read, it is referred to and made a part of the minutes. Mr. Johnson said he did not bring in revised plans but had a counter proposal to landscape the area. He said if he moved the trash enclosure closer to the building and further south toward Chapman Avenue, as requested (by the Zoning Administrator at the last hearing) he would be within eight feet of his tenant's kitchen window. He noted he would put doors on the trash enclosure and do landscaping that would camouflage the enclosure. He stated if his proposal was not granted it would be an economic hardship for him because it would cost approximately $2,000 to take the structure down since he didn't think it could be dismantled and moved. Gene Felling, 2220 S. Loara, said this apartment building had been there for 30 years and during this time the trash had been brought out to the front from behind the building on a cart or trailer. He noted this particular enclosure • MINUTES, ZONING ADMINISTRATOR, JANUARY 28, 1987 Page 2 created a safety problem for the elderly and children using the sidewalk, and an odor problem which had not been a concern when the trash was located in the back. He stated they had a nicely landscaped, well-kept neighborhood, and did not want an illegal structure to spoil it. Max Schwartz, 2139 S. Loara, expressed his concern about the odor from the trash bin, noting it would be worse as the weather got warmer. He said he felt this was an unhealthy situation. He stated the applicant should have gotten a permit instead of building an illegal structure. He also noted his concern for the safety of everyone using the sidewalk. Mr. Johnson said the points of the people were well taken. He noted he has attempted to get his tenants to put their trash in plastic bags, and with the use of a covered trash container the odor problem should be mitigated. He said since the driveway is an entrance only, he did not feel there was a safety problem. PUBLIC HEARING WAS CLOSED: Ms. Santalahti asked how many times a week the trash would be collected and applicant said once a week. He said if it was necessary he would arrange to have it picked up more often. Ms. Santalahti asked if applicant had spoken to the Sanitation Department regarding the size of the bin required for the number of units in his apartment complex, and he noted the bin was to Code and met all the City's required standards. Ms. Santalahti noted that Engineering Standard No. 137 permits maximum 24-inch high solid walls or structures within a "safety triangle" adjacent to the street to maintain lines-of-sight distance between vehicular driveways and the street and sidewalk. The safety triangle consists of a 7-foot leg from the front property line toward the apartment building along the side of the driveway, a 150-foot leg along the front property line from the side of ,the driveway along the street and a third leg connecting the two previously described legs. She said applicant's trash enclosure does not meet this standard and obstructs vehicular lines-of-sight (according to Standard No. 137) from driveways on-site and on properties adjacent to the north and south along Loara Street. Ms. Santalahti noted this item was found to be Categorical Exempt as described in the staff report. Ms. Santalahti approved the variance, in part, with the modification to Condition No. 4 that the trash enclosure shall be removed and reconstructed closer to the apartment building with minimum setbacks of seven (7) feet from the sidewalk along Loara Street and three (3) feet from the northerly driveway (to prevent the trash enclosure doors from opening into said driveway). Furthermore, low growing landscaping (such as low bushes) shall be planted in • ~ MINUTES, ZONING ADMINISTRATOR, JANUARY 28, 1987 Page 3 front of the trash enclosure. The trash enclosure shall be constructed in accordance with City standards unless otherwise approved by the Sanitation and Street Sweeping Section of the Maintenance Department. The design, color and materials shall be similar to the existing enclosure. Ms. Santalahti approved the variance with a change to Condition No. 5 that Condition Nos. 1 through 4, above-mentioned, shall be completed within a period of sixty (60) days from the date of this decision. Ms. Santalahti explained this decision becomes final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 days of the date of the signing of this decision or unless a member of the City Council shall request to review this decision within said 15 days. Applicant made an additional comment from the audience. ITEM N0. 2. EIR NEGATIVE DECLARATION VARIANCE N0. 3752 PUBLIC HEARING: OWNERS: ARNT G. QUIST, TRUSTEE OF THE QUIST INC. RETIREMENT TRUST, 3737 Birch Street, Suite 200, Newport Beach, CA 97660. AGENT: EL CENTRO FOODS, 6930-1/2 Tujunga Avenue, North Hollywood, CA 91605. Subject property is an irregularly-shaped parcel of land consisting of approximately 0.30 acre located at the southeast corner of Broadway and Anaheim Boulevard, having approximate frontages of 71 feet on the south side of Broadway and 110 feet on the east side of Anaheim Boulevard and further described as 300 South Anaheim Boulevard. Waiver of required number of parking spaces to permit a take-out restaurant in a proposed commercial center. This was originally advertised for another meeting but there was an error so it was readvertised for today's hearing. There were six people indicating their presence in opposition of subject request and although the staff report was not read, it is referred to and made a part of the minutes. Ms. Santalahti noted the Planning Department had received a number of calls regarding this item. Arnt Quist said he wanted to build something that would be a credit to the community. He said they were proposing a convenience market of 2600 square feet and noted it was a normal use for this property. He noted they were further proposing a Pizza Man which in many communities is considered the same as a bakery rather than a restaurant. He said Pizza Man would have take-out and delivered food only. He noted they were planning to take access off the alley. He said they did not anticipate any off-street parking. He noted they had already given street dedication. He said the reason for the waiver was only for Pizza Man as the retail center could stand on its own. • ~ MINUTES, ZONING ADMINISTRATOR, JANUARY 28, 1987 Page 4 Jim Dalton of El Centro Foods said they had a traffic study done to verify they do not take up more parking than normal retail space. He noted in most cities where they have Pizza Man stores they are regarded as a bakery which is normal retail space as far as parking is concerned. He said their take-out and delivery business is in excess of 90~ of their total sales. He stated they have no seating which is why they have no long-term customer parking. He said they have walk-in customers that buy a slice of pizza and leave, and customers that call ahead and .order pizza and stop in to pick it up. He stated they look for developers that are going to maintain a center and fit in with the community. Gary Felding, of Hilgenfeld Mortuary, said the current parking situation is intolerable. He said the parking problem was aggravated by the building of the Celebrity Theater with no on-site parking and noted they had objected to that proposal at the time. He stated they have funerals in the evenings as well as during the day. He felt the proposed center would further aggravate the parking situation. Hal Brand, who owns property around the corner on Claudina, said he travels the alley at least four or five times a day and there are many times he can not go down the alley because of a truck or lunch wagon parked in the alley. He noted there were several businesses that over-spill into the alley and it currently looks like a dump because of the trash. He said if the alley is made the ingress and egress to this proposed center it will just compound the problem. He also expressed his concern about the Celebrity Theater and the types of people it is drawing into the neighborhood. He stated he felt the best use for the property would be for the City of Anaheim, to buy it and in order to give them some off-street parking. Francis Nutto, 621 Jambayla, said this new building will be a major investment and be here for years and years. He said if the business is successful there will be a parking problem and if it is a marginal business we don't want it because it doesn't do the community any good. He said lack of parking and circulation killed the old downtown area. He noted if we ignore that lesson and grant this waiver we will be repeating mistakes of the past. Ron Bevins, 300 S. Harbor suite 1010, said his mother owns.. the property to the south across the alley and noted his concern about the convenience market. He stated the parking requirements should be higher. He also,felt the traffic study did not adequately address the traffic problems of the area. He stated if the convenience .market had two employees, Pizza Man two employees and two delivery trucks, six of the 21 parking spaces would already be utilized. He felt there was no justification for the variance. Joe White, 809 W. Broadway, said they already have a parking problem in the area and the approval of this variance would only make a bad situation worse. He noted the downtown area was destroyed because of a lack; of parking. He said this property needs to be developed with businesses that have adequate parking. • ~ MINUTES, ZONING ADMINISTRATOR, JANUARY 28, 1987 Page 5 C. White, 856 N. Clementine, noted his concerns about the parking problems of the area and the fact something needed to be done. He said the Celebrity Theater was causing a lot of parking problems. Mr. Quist said he didn't understand why the Celebrity Theater was being discussed since it was down the street from his proposed project. He said the traffic study supported the fact that Pizza Man was more of a retail use rather than a restaurant. He noted they planned to widen the alley and that they were setting funds aside for the widening of Broadway. He said they did not plan to put their dumpster in the alley and noted they would utilizing a sweeping service to keep their property clean. He noted the convenience market was allowed by code, and that the traffic study showed that traffic generated by Pizza Man was like a retail use. He said the center would be an asset to the community. PUBLIC HEARING WAS CLOSED: Ms. Santalahti inquired as to the possibility of relocating the driveway onto Anaheim Boulevard where the property is wider, and applicant said they had considered that, but came to the conclusion it would be better the way they were proposing in order to allow for adequate turnaround space. Ms. Santalahti asked if they had considered moving the building closer to Broadway and applicant said if they did that they would lose access to Broadway. Paul Singer, Traffic Engineer, said he had reviewed the parking study and found parking to be adequate for the types of uses being proposed, subject to not expanding the take-out proposal or having service of hot food in other portions of the commercial center. He noted that access to the alley was more preferable and safer than putting another driveway onto Anaheim Boulevard. He noted it is against the law to park in an alley but said people frequently violate that law. Applicant asked if expanding hot food service included coffee, and Mr. Singer said his concern is that people have a tendency to consume hot food in their car on the premises, and therefore occupy the parking space longer in which case they would need additional parking. He said he was not necessarily thinking of beverages but of items like hotdogs and hamburgers. Ms. Santalahti said staff is doing research on parking requirements when a convenience market specifically has any kind of food service and noted she had talked to a number of cities in Orange County with at least one of them having a specific code requirement that says if you put in any food service such as a microwave or relish area to make your own sandwiches, they consider that the same as a restaurant and it automatically requires more parking. She said a staff report on the subject would be going to the Planning Commission in the near future. • ~ MINUTES, ZONING ADMINISTRATOR, JANUARY 28, 1987 Page 6 Ms. Santalahti asked Mr. Dalton to briefly describe his Pizza Man operation as to how many employees he has on the premises during his heaviest shift, how many customers do you expect to have and do you sell anything other than pizza such as soft drinks. Mr. Dalton said they sell soft drinks, salads and desserts. He said they would have less than four employees per shift generally divided equally between inside help and delivery. He noted the operation is more than 90~ delivery, but they were hoping to have some foot traffic from the City Hall. He said he has never been informed of any parking problems at any of their other locations and again stated they are normally considered as a retail use because of their type of operation. Ms. Santalahti asked if any seating was proposed and he said no, they were a delivery service. She asked if employees used a company vehicle for delivery and he said no, they used their own cars. He said from 12 p.m. to 5 p.m. they have one employee inside and one delivering. He said they are basically an evening business. She asked if their locations were typically in small centers like this and he said yes. Mr. Singer said he had looked at the parking study very carefully and it does indicate there would be adequate parking for the two businesses shown on the site plan. He again stated his concern about the consumption of food on-site which could cause a serious parking problem. He noted this is the reason he recommended a condition be placed that there be no service of food other than at Pizza Man. Ms. Santalahti said she was concerned about the design of the L-shaped dogleg driveway and Mr. Singer said he would prefer not to have a driveway onto Broadway. Ms. Santalahti noted that Mr. Quist could develop the property with a retail operation and he would be within Code. She said the operation of Pizza Man would not seem to be a problem like other types of fast-food operations. She asked what hours Pizza Man would be operating and applicant said from 12 p.m. until 10 p.m. and that the convenience market would be operating 24 hours. She noted that the City Council, next Tuesday,. is going to consider whether convenience markets should have a Condition Use Permit to operate. Ms. Santalahti said Mr. Quist could develop the property with the convenience market by right and would need no parking waiver. She said she understood the concerns of the neighbors with respect to the parking problems and recalled that the Hilgenfelds had purchased additional property to use for parking purposes. She noted there is no other parking available in the area for this project except on-site, however, the traffic study and Traffic Engineer feel parking is adequate for the proposed uses. Ms. Santalahti considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received, that there is no substantial evidence that the project will have a significant effect on the environment and therefore the Negative Declaration is approved. MINUTES, ZONING ADMINISTRATOR, JANUARY 28, 1987 Page 7 Ms. Santalahti approved the variance for this particular tenant (Pizza Man) in accordance with all the conditions recommended by staff and adding a new condition pertaining to Pizza Man, that this parking waiver is specifically to permit a 975 square foot "Pizza Man", which business shall consist of selling and delivering pizza, salad, soft drinks and packaged desserts; that there shall be no customer seating for meal service; that there shall be no on-sale or off-sale of beer and wine at the "Pizza Man"; and that there shall be no video or amusement devices or games at the "Pizza Man"; and modifying Condition No. 11 that the owner(s) of subject property shall execute and record a convenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to conduct any food service such as selling or dispensing of food or meals (including heating sandwiches, hamburgers or hot dogs) or to conduct any food service which may be defined as a fast food restaurant. Ms. Santalahti explained this decision becomes final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 days of the date of .the signing of this decision or unless a member of the City Council shall request to review this decision within said 15 days. Mr. Felding stated he wanted to go on record as requesting this item be heard by the City Council. ZONING ADMINISTRATOR ADJUSTMENTS: None. ITEMS OF PUBLIC INTEREST: There was no one indicating a desire to speak. ADJOURNMENT• There being no further business, Ms. Santalahti adjourned the meeting at 11:00 a.m. Minutes prepared by: Minutes approved by: ~eIJ ~! Pamela H. Starnes, Secretary C ~- nika M. Santalahti Zoning Administrator 0693 p.