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Minutes-ZA 1990/02/22r ~'` A C` T T (1 N ACiNNUA • REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, FEBRUARY 22, 1990, 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. Page 1 1555H ~. ~ ~~ ~ • la. CEOA NEGATIVE DECLARATION lb. VARIANCE N0. 4030 OWNER: ROTANDA DEVELOPMENT, 2082 Michelson Dr., #305, Irvine, CA 92715. LOCATION: 1261-1321 N. Placentia Avenue Waiver of minimum side yard to retain structural encroachments for a previously approved (and under construction) 13-unit apartment building. ZONING ADMINISTRATOR DECISION N0. ZA 90-13 2. INFORMATIONAL ITEMS: A. ADMINISTRATIVE USE PERMIT N0. 90-01: To permit a Large Family Day Care Home involving up to 12 children at 855 N. Redondo Drive East. (End of public notice period: February 23, 1990) 3. ITEMS OF PUBLIC INTEREST: CERTIFICATION OF POSTING I he2reby ~c/eJ,r~tify thmat a complete copy of this agenda was posted at: ~•VO ~"~ ~b~ ~ %~d LOCATIONS: COUNCIL CHAMBER DISPLAY CASE (TIME) (DATE) AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Zoning Administrator or City Council.at, or prior to, the public hearing. Approved , modified Cond.#3 and added a Condition. None Page 2 • • REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - FEBRUARY 22, 1990 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:35 a.m. February 22, 1990, in the Council Chamber. PRESENT• Annika M. Santalahti, Zoning Administrator Leonard McGhee, Senior Planner Selma Mann, Deputy City Attorney Pamela Starnes, Executive 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 NO. 1 CEOA NEGATIVE DECLARATION VARIANCE NO. 4030 PUBLIC HEARING: OWNER: ROTUNDA DEVELOPMENT, 2082 Michaelson Dr., #305, Irivne, CA 92715. The subject property is a triangularly-shaped parcel of land consisting of approximately 0.26 acre, having a frontage of approximately 290 feet on the northwesterly side of Placentia Avenue, having a maximum depth of approximately 240 feet, being located approximately 780 feet northeasterly of the centerline of State College Boulevard and further described as 1261 North Placentia Avenue. Waiver. of Code Section 18.12.063.050 (minimum side yard) to retain a structural encroachment in connection with a previously approved (and under construction 13-unit apartment building. Ali Abtahi, 17905 Skypark Circle, Suite J, Irvine, CA 92719, representing the owners, said a mistake was made at the time of construction (near .completion) and resulted in a setback of between 3 to 5 feet. Ms. Santalahti asked if this was a two-level project, the first level being parking and the second level being the apartments. Mr. Abtahi said that was right. Ms. Santalahti then questioned what the garage walls consisted of, are they solid? Mr. Abtahi said yeas, the walla are solid stud walls with stucco on the exterior and drywall interior. They extend along the full length of both the north and west property lines. ., • • MINUTES, ZONING ADMINISTRATOR, FEBRUARY 22, 1990 PAGE 2 No one indicated their presence in opposition and no correspondence was received. PUBLIC HEARING WAS CLOSED Ms. Santalahti confirmed with Mr. Abtahi that it was only the corners of parking spaces in the garage that project into the five-foot setback, and that the roof detail over the parking is trangularly shaped and is within the five-foot setback. Ms. Santalahti approved the variance because it is only the corners of parking spaces rather than a solid wall that encroaches into the five-foot setback, and that the overall effect is minimal in its impact on the neighbors to the north and the east. Ms. Santalahti added a condition requiring that plans be submitted to the Building Division showing the revised site plan with, minimally the ground floor and possibly an elevation. She noted she will modify current Condition No. 3 to clarify that on the north and west elevations there are fully stuccoed walls. 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. 2 INFORMATION ITEMS: A. ADMINISTRATIVE USE PERMIT NO. 90-O1: To permit a Large Family Day Care Home involving up to 12 children at 885 N. Redondo Drive East. The public notification period ends February 23, 1990, at 5:00 p.m. One letter was received in opposition; however, no name or address was indicated. David Kissler appeared, who works for Bishop Hawk Realty in Irvine, California, representing Kinder Care. Kinder Care is interested in putting in a day care center at the location on North Redondo Drive East. Ms. Santalahti proceeded to describe the City's role in approving such an application. Because of State regulations in this particular area, the State has preempted the extent to which the City can regulate this type of establishment. Essentially, the City must approve it if there are no other similar facilities (day care or full nurseries) within 600 feet of the property in question, that parking, loading and unloading must be provided in a safe manner that the City Traffic Engineer has no concerns about, that off-street parking must be provided for employees, that there are limitations as to hours of operation (between 6 a.m. and 7 p.m.), and that the children must be inside until after 8 a.m. every morning, and that a City of Anaheim Business License, may have to be obtained. She noted the applicant does not satisfy these conditions, only then can the City deny the application. MINUTES, ZONING ADMINISTRATOR, FEBRUARY 22, 1990 PAGE 3 Ms. Santalahti noted that staff will check with the City Attorney's Office to verify whether a public hearing will be needed since the opposition letter had no name or address. PUBLIC HEARING WAS CLOSED. Assuming a public hearing is not required, 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. 3 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: Minutes approved by: Carol M. Trees for Annika M. Santalahti Pamela H. Starnes Zoning Administrator Administrative Assistant 1020 ZA/Minutes