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Minutes-ZA 1988/06/301 ' ~ ~ t~ A C' T T C1 N REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, JUNE 30, 1988, 9:30 A.M. 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. 0569H~ Page 1 • .~ .. N~. June 30, 1988 la. CEOA CATEGORICAL EXEMPT CLASS 5 (READVERTISED) lb. VARIANCE N0. 3795 OWNER: FRITZ ROHNER AND TERESA G. ROHNER, 411 S. Mohler Drive, Anaheim, CA 92807 LOCATION: 411 South Mohler Drive To construct a 528 square-foot, 2-story addition to an: existing single-family residence with waiver of~minimum side yard setback and deletion of Condition No .. 1 of Decision No. 88-29 pertaining to dedication of an easement for equestrian/hiking trail `purposes. ZONING ADMINISTRATOR DECISION N0. ZA88-38 2a. CEOA CATEGORICAL EXEMPT CLASS 3-A 2b. VARIANCE N0. 3808 OWNER: RONALD F. CIAMPA AND CORALINN J. CIAMPA, 920 Calle Venado, Anaheim, CA 92807 AGENT: FRED FABRE'; 624 West Wilson, B-l, Costa Mesa, CA 92627 LOCATION: 6950 East Avenida de Santiago To construct a 2-story, 28-foot, 6-inch high, single-family residence with waiver of maximum structural height. ZA88-39 ZONING ADMINISTRATOR DECISION N0. 3a. CEOA NEGATIVE DECLARATION 3b. VARIANCE N0. 3813 OWNER: FRED. HUNTER, 224 East Broadway, Anaheim, CA 92805 LOCATION: 224 East Broadway To construct an 8,245 square-foot commercial/office building with waivers of (a) minimum number of parking spaces and (b) maximum fence height. ZONING ADMINISTRATOR DECISION N0. ZA88-40 Approved with modifi- cation to Corid. #1 Approved Approved with modifi- cation to Cond. #5 Page 2 .. , . ~. A. ADMINISTRATIVE ADJUSTMENT N0. 0010 AND CEQA CATEGORICAL EXEMPTION, CLASS 5: Request to construct a 2nd story, 22-foot high, 389 square-foot room addition to an existing single-family residence with waiver of minimum side yard setback (10 feet required; 8 feet proposed) at 7860 E. Amanda Drive. ZONING ADMINISTRATOR DECISION N0. • • June 30, 1988 4a. CEQA NEGATIVE DECLARATION 4b. CONDITIONAL USE PERMIT N0. 3030 OWNER: DOVALIS PROPERTIES, ATTN: NICHOLAS J. DOVALIS AND LILLIAN DOVALIS, 1624 W. Chanticleer Road, Anaheim, CA 92802 AGENT: SAMI ZIDAN, 918 S. Magnolia, Unit B, Anaheim, CA 92801 LOCATION: 918 S. Magnolia, Unit C To permit on-sale beer and wine in conjunction with the expansion of an existing restaurant. ZONING ADMINISTRATOR DECISION NO.ZA88-41 5. ZONING ADMINISTRATOR ADJUSTMENT ITEMS: 6. INFORMATIONAL ITEMS: None 7. ITEMS OF PUBLIC INTEREST: Approved deleting Conditions 4, 5 ~ 6 Response to public notice ends 7/1/88 @ 5:00 p.m. None AFFIDAVIT OF POSTING I hereby certify that a complete copy of this agenda was posted at: ~D% ~ D /~ ~~O ~ LOCATIONS: COUNCIL CHAMBER DISPLAY CASE (TIME) ( ATE) AND COUNCIL DISPLAY KIOSK SI Page 3 C~ ;, ;- t 0. REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - JUNE 30, 1988 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:35 a.m., June 30, 1988, in the Council Chamber. PRESENT• Annika M. Santalahti, Zoning Administrator Lori Duca, Assistant Planner Pamela Starnes, Secretary Annika Santalahti, Zoning Administrator, explained the procedures for the meeting and that anyone desiring to speak about matters other than the agendized items would have the opportunity to be heard at the end of the meeting. ITEM N0. 1. CEOA CATEGORICAL EXEMPTION-CLASS 5 (PREVIOUSLY CERTIFIED), VARIANCE N0. 3795 (READVERTISED) PUBLIC HEARING: OWNER: FRITZ ROHNER AND TERESA G. ROHNER, 411 S. Mohler Drive, Anaheim, CA 92807. Subject property is an irregularly-shaped parcel of land consisting of approximately 0.71 acre located at the southwest corner of Corto Road and Mohler Drive, having approximate frontages of 200 feet on the south side of Corto Road and 210 feet on the west side of Mohler Drive and further described as 411 S. Mohler Drive. Waiver of minimum side yard setback and deletion of Condition No. 1 of Decision No. 88-29 pertaining to dedication of an easement for equestrian/hiking trail purposes to construct a 528 square-foot, 2-story addition to an existing single-family residence. No one indicated their presence in opposition and no correspondence was received. Teresa Rohner, 411 S. Mohler Drive, said she did not realize at the previous public hearing that approval was given for seven feet instead of the five feet she needed. She said she would also like to have Condition No. 1 waived because Corto Road is a very narrow private road and people currently use it as an equestrian trail as well as access to their homes. Ms. Santalahti asked if she had spoken to the Parks & Recreation Department about the trail and she said no. ' PUBLIC HEARING WAS CLOSED , ~~~ ~ ~ MINUTES, ZONING ADMINISTRATOR, JUNE 30, 1988 Page 2 Ms. Santalahti said she did not have any problem with the change in dimensions. She said if it had been discussed at the previous hearing she could have approved it, but since it wasn't, it had to be readvertised in case there had been someone in attendance at the previous hearing who did not have a concern at seven feet, but who might have had a concern with five feet. Ms. Santalahti noted that the equestrain trail is part of the City's General Plan, and the Parks Department had sent a memo asking that we request the dedication. However, she said she would modify the wording so that would be tied into the General Plan and that if the Parks Department decides not to pursue the trail, then an irrevocable offer of dedication would revert back to the land owner. Ms. Santalahti noted this item was Categorically Exempt, as indicated at the first hearing. Ms. Santalahti approved this Variance based on the fact that a 5-foot waiver request was actually the intent of the petitioner rather than 7-foot, and that the modified request is minimal, amounting to less than 13 linear feet of one corner of the addition encroaching into the required setback and modifying Condition No. 1 to read as follows: "That the legal property owner shall make an irrevocable offer of dedication for a ten (10) foot wide riding and hiking trail easement as shown on the Equestrian and Hiking Trails Component of the Anaheim General Plan and as approved by the Parks, Recreation and. Community Services Department. A copy of the offer of dedication or proof thereof shall be submitted to the Planning Department." This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this decision or unless members of the City Council shall request to review this decision within said 15 days. ITEM N0. 2. CEOA CATEGORICAL EXEMPT CLASS 3-A, VARIANCE NO. 3808 PUBLIC HEARING: OWNERS: RONALD F. CIAMPA AND CORALINN J.~CIAMPA, 920 Calle Venado, Anaheim, CA 92807. AGENT: FRED FABRE', 624 West Wilson, B-1, Costa Mesa, CA 92627. Subject property is an irregularly-shaped parcel of land consisting of approximately 2 acres, having a frontage of approximately 233 feet on the south side of Avenida de Santiago having a maximum depth of approximately 504 feet and being located approximately 800 feet west of the centerline of Hidden Canyon Road and further described as 6950 East Avenida de Santiago. Waiver of maximum structural height to construct a 2-story, 28-foot, 6-inch high, single-family residence. No one indicated their presence in opposition and no correspondence was received. Fred Fabre, agent for the owner, said that architecturally they needed this height. He noted that a majority of the adjacent buildings were considerably higher than their proposal. He said this request would have a minimal affect on the skyline. PUBLIC HEARING WAS CLOSED • • MINUTES ZONING ADMINISTRATOR, JUNE 30 1988 Page 3 Ms. Santalahti asked if he or the property owners had shown the plans to the neighbors across Avenida de Santiago, and he said no. Lori Duca said staff had not received any inquiries regarding this proposal. Ms. Santalahti noted that the properties to the east and south dropped off into two gullies. She asked if the graded pad on the property was basically what the house was going to be built on, and Mr. Fabre' said yes, within six or 10 inches. Ms. Santalahti said she had estimated that the immediate neighbor to the west was three to four feet higher, and he said that was correct. He noted that at the property line, the roof of the proposed structure would only be nine feet higher relative to the neighbor or the equivalent of a one story structure. Ms. Santalahti said staff had indicated on the exhibit, that the portion of the roof projecting above the 25-foot height limitation was' over an entry way, and less than 3~ of the total roof area. He said that was correct. Ms. Santalahti noted this item was Categorically Exempt. Ms. Santalahti approved this Variance based on the fact that the request was minimal with only a small portion of the roof area (less than 3~ of the entire roof) being higher than 25 feet, and that the actual height was only 3.5 feet higher than Code allowed.. This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this decision or unless members of the City Council shall request to review this decision within said 15 days. ITEM N0. 3 CEOA NEGATIVE DECLARATION, VARIANCE N0. 3813 PUBLIC HEARING: OWNER: FRED HUNTER, 224 East Broadway, Anaheim, CA 92805. Subject property is a rectangularly-shaped parcel of land consisting of approximately 0.35 acre located at the southwest corner of Broadway and Philadelphia Street, having approximate frontages of 120 feet on the south side of Broadway and 128 feet on the west side of Philadelphia Street and further described as 224 East Broadway. Waivers of (a) minimum number of parking spaces and (b) maximum fence height to construct an 8,245 square-foot commercial/office building. No one indicated their presence in opposition and no correspondence was received. Stan Wise, 1249 E. Imperial Highway Suite D, Placentia., said he was available to answer any questions the Zoning Administrator might have.. Ms. Santalahti asked if he would describe the fence location. He said the fence would be on the west property line next to an existing apartment complex. He said the owner had spoken to the people who own the apartments and they were in favor of the fence. He noted the reason for the fence was to prevent the local elements from entering the parking structure. • MINUTES ZONING ADMINISTRATOR, JUNE 30, 1988 Paae 4 Ms. Santalahti asked what they were proposing to do with the old building, and he said it would be relocated. Mr. Hunter said that he had contacted Max Whales,~who owns the apartments adjacent to his property and to the rear of his property; Jim Wooden of Celebrity Theater; Hugo Vasquez, and Jake Underson. He noted he knows all his neighbors, and no one was in opposition to his proposal. He said the fence currently between 218 E. Broadway and the apartments is falling down, so the owner is pleased he is putting up a block wall. Mr. Hunter said he had one other area of concern and that was with Condition No. 5. He said he would like to post a bond instead of a cash payment. Ms. Santalahti said she would be willing to change the wording in order to modify that Condition to include the possibility of bonding for street improvements. Ms. Santalahti noted a Negative Declaration was prepared on this project, and acted on staff's recommendation to approve it. Ms. Santalahti approved this Variance based on the fact that granting of waiver (a) would not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and that granting of waiver (b) was minimal and that safe vehicular lines-of-sight would be maintained along the street and alley; and changed Condition No. 5 to read as follows: "That, as required by the City Engineer, (a) a cash payment shall be made to the .City of Anaheim for the cost of the removal of existing street improvements along Broadway and reconstruction/construction of full street improvements at the ultimate location, or (b) security in the form of a bond, certificate of deposit or letter of credit shall be posted with the City to guarantee said reconstruction/construction. Said payment or posting of said bond shall be made prior to issuance of a building permit." This decision shall become 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 members of the City Council shall request to review this decision within said 15 days. ITEM NO. 4. CEOA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT N0. 3030 PUBLIC HEARING: OWNER: DOVALIS PROPERTIES, ATTN: NICHOLAS J. DOVALIS AND LILLIAN DOVALIS, 1624 W. Chanticleer Road, Anaheim, CA 92802. AGENT: SAMI ZIDAN, 918 S. Magnolia, Unit B, Anaheim, CA 92801. Subject property is a rectangularly-shaped parcel of land consisting of approximately 1.5 acres having a frontage of approximately 273 feet on the east side of Magnolia Avenue, having a maximum depth of approximately 241 feet, and being located approximately 159 feet north of the centerline of Ball Road and further described as 918 S. Magnolia Avenue, Unit C. To permit on-sale beer and wine in conjunction with the expansion of an existing restaurant. • MINUTES ZONING ADMINISTRATOR JUNE 30, 1988 Page 5 No one indicated their presence in opposition and no correspondence was received. One person indicated his presence in favor. Amin David, 419 Colt, Anaheim, said he had been asked to represent the applicant. He said they would like to request that Conditions Nos. 4, 5 and 6 be deleted since Mr. Zidan was not the property owner, and it was an expense he could not afford. He noted Mr. Zidan was only expanding his existing business by making use of the vacant unit next door. Ms. Santalahti said Engineering usually asked for Condition No. 4 when there was a problem with the existing sidewalks (like cracks in the sidewalk). She noted that Conditions Nos. 5 & 6 were more to upgrade the property. Ms. Santalahti asked if Mr. Zidan was able to serve meals in the expanded area at this time, and Mr. Zidan said yes, however, he would not do so unless he was granted approval to do so by the Zoning Administrator., Ms. Santalahti asked if he had received the final building::inspection, and he said yes. Mr. Rene Lopez, resident Italy; said he wanted to eaten there on weekends, exiting the parking lot. the sidewalk nor did he naked eye. of Anaheim and long time customer~of Little Bit of speak in. favor of the expansion. He said he has and noted he has never had any problems entering or He also stated he had never noticed any cracks in recall any physical damage that could be seen by the PUBLIC HEARING WAS CLOSED: Ms. Santalahti noted a Negative Declaration was prepared on this project, and acted on staff's recommendation to approve it. Ms. Santalahti approved the Conditional Use Permit as requested and eliminated Conditions Nos. 4, 5 & 6 because the request before her was for expansion of on-sale beer and wine into an adjacent unit, and that no new construction in terms of building expansion was involved, and the fact petitioner had gone through the permitting procedure for expansion into the adjacent unit without being required to do those site improvements. This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this, decision or unless members of the City Council shall request to review this decision within said 15 days. ITEM N0. 5. ZONING ADMINISTRATOR ADJUSTMENT ITEMS: ADMINISTRATIVE ADJUSTMENT N0. 0010 AND CEOA CATEGORICAL EXEMPTION, CLASS 5: Request to construct a 2nd story, 22-foot high, 389 square-foot room addition to an existing single-family residence with waiver of minimum side yard setback (10 feet required; 8 feet proposed) at 7860 E. Amanda Drive. • MINUTES ZONING ADMINISTRATOR JUNE 30 1988 Paste 6 Ms. Santalahti said they had received no written correspondence on the Administrative Adjustment and noted the appeal period would end July 1, 1988 at 5:00 p.m. She said she would act on this item July 8, 1988. ITEM N0. 6 INFORMATIONAL ITEMS: None ITEM N0. 7 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 10:00 a.m. Minutes prepared by: ~ ,~!,~- Pamela H. Starnes, Secre"tary Minutes approved by: Annika M. Santalahti Zoning Administrator ADDENDUM July 8, 1988 Ms. Santalahti was reviewing the file for Administrative Adjustment No. 0010, and discovered an Administrative Adjustment was not necessary. 0070g