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Minutes-ZA 1990/07/26• • AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, JULY 26, 1990, 9:30 A.M. Procedure to Expedite Meetinct: 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. 1838H Page 1 • • la. CEOA CATEGORICAL EXEMPTION - CLASS 11 lb. VARIANCE N0. 4062 OWNER: ENDOWMENT REALTY INVESTORS INC., 400 S. Hope st. #600, Los Angeles, CA 90071. ' AGENT: ALLIED INTERSTATE, 11929 Vose St., North Hollywood, CA 91605, Attn: Norm Bertuch. LOCATION:••-.•..5560 -East.-Santa-.Ana_.Canyon_.Road.__..Property..i s. .. approximately 9.8 acres located at the southwest corner of Santa Ana Canyon Road and Imperial Highway. Waiver of prohibited roof-mounted equipment to construct a roof-mounted satellite dish in the Scenic Corridor Overlay Zone. Continued from ZA meeting of July 12, 1990. ZONING ADMINISTRATOR DECISION N0. ZA 90-53 2a. CEOA CATEGORICAL EXEMPTION - CLASS 3 2b. VARIANCE N0. 4071 OWNER: JOSEPH PHELAN, 4319 E. Elkstone, Anaheim, CA 92807. LOCATION: 4319 East Elkstone Avenue. Property is approximately .18 acre located at the northeast corner of Elkstone Avenue and Barryknoll Street. Waiver of maximum fence height to construct a 6-foot high block wall fence along Barryknoll Street. ZONING ADMINISTRATOR DECISION N0. ZA 90-54 3a. CEOA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT N0. 3309 OWNER: DONALD & BARBARA HECHT, 21945 Cayuga Lane, Lake Forest, CA 92630. LOCATION: 212 North Dale Avenue. Property is approximately 0.23 acre located at the southeast corner of Dale Avenue and Yale Avenue. To permit a preschool with 45 children with waivers of structural setbacks and yards. ZONING ADMINISTRATOR DECISION N0. ZA gQ-~S App roved ~~ i ,Approved ~~ Denied 0~ 7-26-90 Page 2 • 4a. CEOA NEGATIVE DECLARATION 4b. CONDITIONAL USE PERMIT N0. 3313 OWNER: MARIANA & HELMUT PETERMANN, 5213 Rolling Hills Drive, Anaheim, CA 92807. LOCATION: 5213 East Rolling Hills Drive. Property is approximately .25 acre located on the north side of Rolling Hills Drive approximately 80 feet west of the centerline of Rolling .. .. .. .._ .... Hills. Place. - --... _ .. ._._ ......., To permit a satellite dish in residential zone. ZONING ADMINISTRATOR DECISION N0. 5. INFORMATIONAL ITEMS: A. ADMINISTRATIVE ADJUSTMENT N0. 0053 AND CATEGORICAL EXEMPTION - CLASS l: To construct a 1200 square-foot addition to a commercial/residential structure with waiver of minimum number of parking spaces. Property is located at 202 East Broadway. (End of public notice period: July 26, 1990 at 5:00 p.m.). ZONING ADMINISTRATOR DECISION N0. ~-A 9 ~ -Oy~i° 6. ITEMS OF PUBLIC INTEREST: ntinued til 8/9/90 D~.~ Will be approved if no opposition recieved ~~~ None 7-26-90 Page 3 • CERTIFICATION OF POSTING • I hereby certify that a complete copy of this agenda was posted at: 9~b~O1M ~ °~~-~~OCATIONS: 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. 7-26-90 Page 4 S, • • REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - July 26, 1990 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:35 a.m., July 26, 1990, in the Council Chamber. PRESENT• Annika M. Santalahti, Zoning Administrator Selma Mann, Deputy Attorney Leonard Mc Ghee, Senior Planner 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 N0. CEOA NEGATIVE DECLARATION, VARIANCE N0. 4062 PUBLIC HEARING: OWNER: ENDOWMENT REALTY INVESTORS INC.,-400 S. Hope St. #600, Los Angeles, CA 90071. AGENT: ALLIED INTERSTATE, 11929 Vose St., North Hollywood, CA 91605, Attn: Norm Bertuch. Subject property is an irregularly-shaped parcel of land consisting of approximately 9.8 acres located at the southwest corner of Santa Ana Canyon Road and Imperial Highway having approximate frontages of 698 feet on the south side of Santa Ana Canyon Road and 708 feet on the west side of Imperial Highway having a maximum depth of approximately 745 feet and further described as 5560 East Santa Ana Canyon Road. Waiver of prohibited roof-mounted equipment to construct a roof-mounted satellite dish in the Scenic Corridor Overlay Zone. Continued from ZA meeting of July 12, 1990. No one indicated their presence in opposition at the meeting of July 26, 1990, one person indicated her presence in opposition at the meeting of July 12, 1990 and no correspondence was received. Norman Bertuch, with Allied Interstate, said he submitted additional elevations and photographs showing the trees in the area and the view from Avenida Margarita. He said he checked with his engineer and they can move the dish more towards the rear of the roof as Ms. Santalahti had requested at the • MINUTES, ZONING ADMINISTRATOR, JULY 26, 1990 PAGE 2 last meeting. He said it would be located 26 feet in from the south (rear) building wall. He said with the existing screening around the air conditioning unit and the mansard in front, the satellite would be unseen from the streets. PUBLIC HEARING WAS CLOSED Ms. Santalahti stated the old location was about 67 feet back from the rear and now it has been moved to 26 feet from the rear. She said her only concern, and noted she had gotten one telephone call, was any potential visibility from the public streets with Avenida Margarita being the most sensitive. She said from the photos it was hard. to tell but it did look like the dish would be screened by trees and by the screen enclosure around the air conditioning at the southwest corner of the building. Ms. Santalahti asked if the photos were taken at the height of the top of the equipment and Mr. Bertuch said yes. Ms. Santalahti asked what color was the equipment. Mr. Bertuch said the dish itself was beige or off-white, the bricks were brick colored and the support itself is kind of a brass color. Ms. Santalahti felt the brown color on the existing air conditioning screening seems to be an effective color to mute the impact for anyone looking at the roof area. She asked if there were any reason the dish couldn't be colored a dark brown. Mr. Bertuch said that could be done although he was concerned because dark colors pull in heat which can affect the equipment. He asked if it could be a little lighter brown. Ms. Santalahti said if it could be as dark a beige as possible that would be acceptable. Mr. Bertuch said in other words as dark as possible to match the existing screening and Ms. Santalahti said yes. Ms. Santalahti noted this item was Categorically Exempt. Ms. Santalahti approved this Variance on the basis that because of its revised location it will be fully screened from Santa Ana Canyon Road by the building mansard along the north and from Avenida de Margarita by existing equipment screening and parapets at the southwest corner of the building and the trees in the setback along that street; that it will not be visible from Imperial Highway because of the existing building configurations; and, further, that the dish and the supporting structure will be painted brown or dark beige to blend with the existing building and mansard colors. Ms. Santalahti asked applicant to submit a sample of the color of the dish to the Planning Department for inclusion in the file. 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 • • MINUTES, ZONING ADMINISTRATOR,. JULY 26, 1990 PAGE 3 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 N0.2 CEOA CATEGORICAL EXEMPTION - CLASS 3, VARIANCE N0. 4071 PUBLIC HEARING: OWNER: JOSEPH PHELAN, 4319 E. Elkstone, Anaheim, CA 92807. Subject property is an irregularly-shaped parcel of land consisting of approximately 0.18 acre located at the northeast corner of Elkstone Avenue and Barryknoll Street, having frontages of approximately 42 feet on the north side of Elkstone Avenue and 73 feet on the east side of Barryknoll Street, and further described as 4319 East Elkstone Avenue. Waiver of maximum fence height to construct a 6-foot high block wall fence along Barryknoll Street. No one indicated their presence in opposition and no correspondence was received. Joel Phelan, 4319 Elkstone, Anaheim, said his home was built on a reverse corner lot with a large setback at both the front and side. He said this limits the amount of secure and private property available and the land cannot be used to its fullest. He said coupled with this is the topography of the piece of property. He said the corner of Elkstone and Barryknoll has a sloping grade going down to Barryknoll and the northwest corner has a slope that extends approximately 12 feet into his property. He said these conditions place this property at a disadvantage compared to other adjacent properties. He said as the plans indicate part of this project involves a back filled retaining wall. He said he was advised that an 80-20 type wrought iron fence or a three foot wood fence could be built on top of the retaining wall without a variance request. He said he is proposing to build a six foot wood fence above the retaining wall. He said he has contacted a civil engineering company to provide drawings for submittal to the Building Division showing the footings would resist any overturning conditions. He said prior to knowing of the special conditions placed on his property he had discussed the proposed retaining wall and fence with Donald Moore who is a homeowner at 208 N. Barryknoll and the neighbor adjacent to the proposed construction. He said he wanted to make sure the improvement was to his neighbor's liking and that he could have access from his neighbor's property during construction. He said his most recent conversation with Mr. Moore was last night and that he expressed his approval. He said he has explained this project to most of his neighbors and all expressed approval and felt the retaining wall would be an improvement and encouraged him to pursue this project. He noted slopes are hard to maintain and he has installed two sprinkler systems. He said there are several houses in the area that have done what he is proposing. He said he met with Alfred Yalda and showed him the drawings and they comply with Engineering Standard 137 and said he had a marked up drawing showing these conditions are satisfied. PUBLIC HEARING WAS CLOSED Ms. Santalahti asked if the retaining wall was going to be at the property line next to the sidewalk. Mr. Phelan said he had the property surveyed. • c • MINUTES, ZONING ADMINISTRATOR, JULY 26, 1990 PAGE 4 Ms. Santalahti said the sidewalk isn't the property line usually so if there is any debate, the wall should be moved back a little to be sure that he doesn't put it in the public right-of-way. Ms. Santalahti said according to the plans it appears the proposed wall is going to go into the front setback along Elkstone, that it doesn't just go up to the house but it actually continues to curve around the front yard. Mr. Phelan said the wall portion will come around because the front yard also slopes down. He said Elkstone is at one elevation and Barryknoll starts to slope down so as you approach the corner of the house, which is his living room, there is an approximate elevation of four feet in that area. He said he was hoping to level out the front yard at same time he was leveling out the back side yard. He said it was referred to as a six foot block wall but he didn't think aesthetically it would help the neighborhood to have an 11 foot block wall so he opted to go with pilaster posts with wood in between more in keeping with the rustic look. Ms. Santalahti asked if that were going to be for the full length of the wall. Mr. Phelan said only up to the corner of the house and at the corner it would be retaining for purposes of the front yard. He said it will end where it says existing fence. He said he is only proposing to extend the existing fence out along the back and the corner of the structure. He said the elevation drawing shows more of what he is doing. Ms. Santalahti said she understands the retaining wall will run from the rear property line up to about half way into the front. Mr. Phelan said as it comes around the curve he proposes to drop the height one course at each 10 foot increment and hopefully the last one will be at grade. Ms. Santalahti noted there was a big grade differential between lots in that area. She said the retaining wall would be about five feet high at the rear and goes to zero essentially at the front. She said the block wall portion would be basically along the side yard parallel to the house and that would then switch to wood and block pilasters for the front yard portion. Ms. Santalahti noted this item was Categorically Exempt. Ms. Santalahti approved this Variance based on the fact that the request is minimal because the proposed 6-foot fence will not adversely impact lines-of-sight between any vehicle and/or pedestrian traffic since the fence will be located on top of a retaining wall which ranges in height (above the adjacent public sidewalk) from about 5 feet at the rear (adjacent to the northerly neighbor) to grade level near the front property line at Elkstone Avenue (south), and that the closest driveway is about 30 feet away from the proposed fence; and that there is a special circumstance applicable to subject property consisting of its topography relative to the adjacent public street (Barryknoll Street) which has a downhill slope in a south-to-north direction and along which the fence is proposed to be constructed, which circumstance does not apply to other identically zoned properties in the vicinity. This decision shall become final unless an appeal to the City Council, in • ~ MINUTES, ZONING ADMINISTRATOR, JULY 26, 1990 PAGE 5 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 N0.3 CEOA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT N0. 3309 PUBLIC HEARING: OWNER: DONALD & BARBARA HECHT, 21945 Cayuga Lane, Lake Forest, CA 92630. Subject property is a rectangularly-shaped parcel of land consisting of approximately 0.23 acre located at the southeast corner of Dale Avenue and Yale Avenue and having a maximum depth of approximately 115 feet and further described as 212 North Dale Avenue. To permit a preschool with 45 children with waivers of structural setbacks and yards. There were approximately 45 people indicating their presence in opposition, six people spoke in opposition, a petition was submitted at the hearing and no other correspondence was received. Mr. Don Hecht, 212 N. Dale Avenue, Anaheim, said he proposes to utilize the facility for a preschool day care center. He said they have been in operation since 1983 providing day care services at 3301 W. Lincoln Avenue for approximately 45 students. He said the facility currently is going back to the school district to be redeveloped as a new elementary school so therefore they have to relocate. He said they have been serving the community in Anaheim during the daylight hours from approximately 6:30 a.m. to 6:30 p.m. providing much needed day care for those people who have to have two incomes to survive in Anaheim. He said the children are approximately two - six years old. He said the property is located on a major arterial street which gives it good access for parents to leave their children. He said the property currently is zoned RS-A-43000 which permits the use of the preschool. He said recent City Council action under Ordinance 5102 has designated that this property could be used for many other commercial and business purposes including a restaurant and he felt their intended use would provide a much needed function for the citizens of Anaheim and not effect the people in the near by vicinity in any way but would contribute to the community. Ms. Santalahti asked if the building would be used for the day care facility only and how are the outdoor activities scheduled for the day care center. Mr. Hecht said the structure would be used entirely for day care so it would be occupied from about 6:30 a.m. until 6:00 p.m. He said there is approximately 8000 square feet of back yard space so there would be a sandbox, swing set and things of that sort. He noted the property was surrounded by a six foot block wall so he didn't think there would be any sound problems. Mike Calabrese, 2783 Yale Avenue, Anaheim, said he has lived there 30 years and his home is across the street from the pre-school site. He said he would like to submit a petition with 223 signatures of people opposed to the pre-school site. He said with 45 children being dropped off between 6:30 and 8:30 a.m. and being picked up between 3:30 and 6:00 p.m. there would be significant noise, congestion and a traffic hazard on the corner which already has high density traffic. He said they are within one mile of the Buena Park Shopping Center on Dale and La Palma. He said it is one of the five largest shopping malls in Orange County. He said there are 105 apartment units on • MINUTES, ZONING ADMINISTRATOR, JULY 26, 1990 PAGE 6 Yale Avenue within one block of the proposed pre-school property. He said there are 40 carports within the two apartment complexes on Lincoln Avenue that have to empty out onto Yale Avenue. He said they are only one block from the pre-school site. He said 145 cars would be a minimum count as this does not include the residents of the tract or the tract on Lorana Street. He said there are also flatbed trucks and pickup trucks that pickup and deliver plants to the nursery under the powerlines on Yale Avenue. He said the majority of residents in the neighborhood have more than one car because both parties work. He said there are 20 driveways from Lincoln Avenue to the Greek Church going north, plus Tyler and Yale Avenues exit out onto Dale Avenue. He noted Tyler and Yale are both collector streets for these tracts and drivers find it very frustrating because Tyler and Dale are offset and most cars exceed the 35 mile per hour speed limit. He said there is only one traffic light from Lincoln and Dale to Crescent and Dale. He said cars going in either direction on Dale Avenue, making left turns into one of the 20 driveways or into one of the two streets are backed up so cars move to the right hand lanes to avoid congestion thereby making Dale Avenue a two lane street. He said cars trying to turn left at Lincoln back up as there is no left turn signal on Dale and Lincoln. He said cars going north on Dale trying to turn left into the apartments force cars into the right hand lane past the proposed pre-school.. He said there is no parking on the right hand side from Lincoln going north on Dale past the school site and across Yale. He said on the north side of Tyler to Kendor there is no parking and directly across from the pre-school site there is no parking, plus there is an OCTD bus stop on the corner of Tyler and Dale. He said there is also no streetlight on the corner of the pre-school site causing it to be exceeding dark during the winter months. He said contrary to the petition, this is not a suitable site for a pre-school. He said they fear for the safety of the pre-school children as well as the children of the tracts going to the elementary and junior high schools on Dale Avenue. He said there is not a six foot wall around the whole pre-school site. He said on Yale Avenue there is a four foot chain link fence covered with ivy. He noted that the plans of the site didn't show the pump house which is 10 x 20 foot in the backyard and the 17 x 17 foot cement capped area which children could fall off and get ,hurt. He said he was shocked that anyone would consider dropping off and picking up 45 children on such a volatile street and corner. Eugene Schultz, 2780 Yale, Anaheim, said he has lived there for the past 15 years and his house is located next door to the proposed pre-school. He said he very firmly objects to any waiver of structural setbacks and yards. He said they would not only lose their privacy but their peace and quiet. He said he felt rules about setbacks should apply to everyone, especially someone who is trying to start a business in an established neighborhood. He said Dr. Hecht answered in the findings that there was adequate loading and unloading space, and yet the driveway has room for only two cars thus creating a traffic hazard trying to pull in or out onto Dale Avenue. He said Dr. Hecht also answered there were no unique features on site, yet he failed to mention the pump house and sealed off well in the back. He said there is no evidence that the well has even been sealed off properly. He also noted that he and his wife had called 100 pre-schools within a four and half mile radius of Dale and Yale last week, and each one of them had room for enrollment. He said there have been a number of accidents on Dale Avenue from Lincoln to Crescent. He noted they had written the City Attorney's office requesting the number of accidents that have occurred at that location over the past three years. He • • MINUTES ZONING ADMINISTRATOR JULY 26 1990 PAGE 7 also stated that there is not approximately 9,000 square feet available to use as stated in the petition. He said he contacted the Continental Title Land Company and there is only 8,000 square feet of usable property. He said the majority of the people he spoke to in the neighborhood felt this proposal was preposterous and a most unlikely site for a pre-school. He said he and his wife felt that they would be discriminated against if this proposal were to be granted inasmuch as their rights were being ignored in favor of Dr. Hecht. He said the Licensing Department of Social Services requires a minimum of four adult teachers for 45 children. He said this would require additional parking on the property. He said they are in strong opposition to this proposal and stated the this site was unacceptable and in appropriate for a pre-school. Ms. Santalahti asked staff to provide Mr. Hecht with a copy of the entire opposition petition. Mike Reetz, 2776 Yale, Anaheim, said he lived two doors down from the proposed pre-school site. He said he wanted to clarify that Dale Avenue is not a major arterial highway but a.secondary highway and several times during the day is over loaded with traffic. He said on June 18 an informal traffic count was taken and in the morning between 6:30 and 7:30 there were 666 cars going north and south on Dale Avenue, and 78 cars were exiting and entering Yale Avenue, no count was taken on Tyler. He said between 7:30 and 8:30 traffic on Dale increased to 817 cars and 99 cars on Yale. He noted that this is for summer months when school is not in session, and many people are on vacation. He said the traffic count would show a major increase during the winter months. He said between 4:00 and 5:00 in the afternoon there were 1282 vehicles counted on Dale with 122 cars on Yale. He said between 5:00 and 6:00 over 1500 cars were going up and down Dale Avenue with 141 cars on Yale. He said there will be an increase in bus traffic when school starts in the fall because school buses will be stopping to pick up children. He said traffic on Dale has been horrendous over the years due to the increase in business at the Buena Park Mall, movie theaters and so on. He said supposedly there would be no increase in services because of the pre-school. He said he would like to know what Mr. Hecht intends to do with the trash created by the children. He said there would be 425 containers a week of half consumed milk, apples, oranges, etc. He asked if they were going to accumulate that trash in one container for an entire week, to sit there over the weekend, etc. and stored near where he has to live, and will trash be picked up once a week or is the trash going to be picked up two or three times a week. He said they have had problems with trash pick up in some areas as early as 5:30 in the morning, with the claim they are going to a commercial center and have the right to start picking up at 5:00 in the morning, never mind that neighbors right next door are trying to sleep. He said he checked with the Building Division and was advised this business would be classified as commercial since no one is going to be living there at night or on the weekends. He said the drive approach into the premises is inadequate. He said it is supposed to be a 24 foot minimum width and the existing driveway is a little more than 13 foot on the "W" and if it is increased to the 24 feet like it should be per Code, there would be no parking spaces in front of the school site, and all the loading and off-loading will have to be on the school site with the drop-off time being staggered. He said there is no way to guarantee that you will not have people arriving at the same time. He said there will be a 90-car increase at that one site per day, 45 cars in the morning and 45 cars in the evening. He noted there are no turn pockets on Dale Avenue and said they had • • MINUTES. ZONING ADMINISTRATOR, JULY 26, 1990 PAGE 8 complained to the City of Anaheim and were able to get the curbs painted red on Dale because of the sight distance problem and now the applicant is going to bring back the sight distance problem because of cars going in and out of the school site at peak traffic hours 'twice a day, everyday. He noted that both he and his wife were adamantly opposed. Shelley Reetz, 2776 Yale Avenue, Anaheim, said she was a teacher and PTA president at their neighborhood elementary school. She said the children in their tract attend both the elementary school and junior high school on Dale Avenue and the route to the schools goes right in front of the proposed pre-school. She said most of the children in the tracts walk to school. She said she was concerned for the safety of the pre-school children and the neighborhood children. She said due to the local schools' staggered starting and dismissal times the children are walking this route from 7:00 a.m, until 9:30 a.m. and from 11:30 a.m. until 5:00 p.m. and sometimes later hours due to after school activities. She noted that during the winter months it was starting to get dark by 4:30 or 5:00 p.m. She said the school district was proposing a year-a-round school so the children would be walking by the proposed pre-school year round. She said high school students who live in the tract across the street cross at Dale and Tyler, walk through their tract and right by the proposed pre-school. She noted the drop-off time was 6:30 a.m. until 9:00 a.m. which is approximately one car every three minutes and we all know that is not going to happen. She expressed her concern that when the children were getting in and out of the car that they might dart out into the street. She said that currently there is a four foot high chain link fence around the side play yard and she had recently observed a four year old mentally handicapped child scale such a fence while being supervised. She said she did not believe this location was appropriate for a pre-school. Beverly Schultz, 2780 Yale, Anaheim, next door to the proposed school said she wanted to point out that to the north there are 31 apartments, to the east there are 114 apartments, to the south there are 101 apartments and to the west there are 96 apartments, so there is a lot of traffic and Yale is a collector street. She said when her front door is open she can observe all the traffic that backs up in front of her house and Mrs. Reetz's house right next door. She said the traffic is backing up further and further because it is so difficult to make a left hand turn. She said the pre-school will make it more difficult for people to see to get out onto the street. She said the staff report noted it would not be detrimental to the particular area, peace, health, safety and general welfare of the community and she feels it would be detrimental to their safety and general welfare. She said the staff report also stated that traffic generated for the proposed use would not impose a burden upon the streets and highways and she feels that it will produce a burden. She said there have been a lot of accidents on Dale since they have lived there and it will really be bad with a pre-school at that location. She said they feel the waiver should be denied at this location because it is dangerous due to the heavy traffic on Dale. She said it is difficult right now trying to make a left hand turn and a pre-school would just make it worse. She said they feel he does not have enough space or room to comply with the required parking and turn-around area. Jim Bolton, 226 Coolidge Avenue, Anaheim, said he is just one block west of the Dale property under consideration. He said he would like to speak for the people on the Tyler Street side. He said those people see the situation in • • MINUTES, ZONING ADMINISTRATOR, JULY 26, 1990 PAGE 9 exactly the same light as the previous speakers. He said it is almost like Russian Roulette to get out of the Tyler property. He said if you are coming out of Tyler and making a left hand turn and someone is coming out of Yale and making a left hand turn, you crisscross each other and have to be very careful as it is a dangerous situation. He said adding more traffic and having people pick up and leave off children would certainly compound the problem. Leonard McGhee, Senior Planner, noted that in the staff report there were some boilerplate standard paragraphs that used "Planning Commission" where it should have read "Zoning Administrator". Eugene Shultz, who spoke earlier, said he wanted to add that the owner of the rest home located directly south of the proposal has a complex of approximately 110 people and she was unable to attend today due to a prior commitment. In rebuttal, Mr. Hecht said he has been in public education all his life. He said the purpose of running a pre-school is not to hurt the community but to provide a service. He .said from his experience he feels this would be an appropriate place to locate. He said it is on a main arterial and in an area where he has done some studies that showed a definite need for this type of service. He said they have proven this by being in business on the Lincoln site for the last seven years or so. He said most of the concerns that have been expressed have been with traffic and traffic flow. He said this was all looked into by the Planning Department when the plans were filed. He said the driveways are adequate. He said there will be a trash bin nicely enclosed to meet the standards of the City of Anaheim. He said if it requires two pick ups there will be two pick ups. He said most of the traffic would be spaced out through the entire day although it would be predominantly in the mornings and afternoons. He said 45 cars in the morning and 45 cars in the afternoons can readily be accommodated. He said they will be giving up five feet of property in order to permit the road to be enlarged from two-lanes north-south to three lanes. He said they could not do anything about the traffic flow or existing problems except to be as responsible as they can and not cause more problems. He said if the corner of Dale and Yale needs a traffic light one should be installed to govern the pattern of traffic but is certainly beyond his jurisdiction to do any thing about. He said the neighbors must realize the property is zoned commercially, and if not utilized by him, then it will be by someone else in a manner that may not be as desirable. He said they intend to be good neighbors and provide a good service. He said he felt it was an appropriate site and he did not see any burden put on the community as there are already 1200 cars going by in an hour certainly 45 more cars coming in at that hour would not cause an undue burden. He said they would not impact Yale as there is no entrance off Yale, entrance is strictly on Dale. Ms. Santalahti noted the property was zoned RS-A-43,000 which is a residential-agricultural zone, and although nearby property is zoned commercially and the general plan may show commercial towards the intersection as a general plan land use designation, this property has not been rezoned. Mr. Hecht said Ordinance No. 5102 changes the property. Mr. McGhee said as far as staff is concerned the property is zoned RS-A 43,000 and the General Plan is low-density residential. • • MINUTES ZONING ADMINISTRATOR JULY 26 1990 PAGE 10 Ms. Santalahti asked Mr. Hecht if he had a copy of the ordinance so that she might look at and he said yes. Ms. Santalahti, upon reading the document, said he did not have a complete copy of the entire Code section. She said the section that the ordinance pertains to is 18.21.050 which is the Conditional Use Permit Section of the RS-A 43,000 zone. She said when this ordinance was adopted it was specifically intended for circumstances where rather than rezoning the property a Conditional Use Permit might be more desirable. She said the Planning Commission and City Council recognizes that there might be individual RS-A 43,000 lots that might be suited to a specific commercial use and the ordinance is a list of uses that may process a Conditional Use Permit just like Mr. Hecht did today. She said prior to this ordinance being adopted in March the list of permitted Conditional Uses was a bit shorter than they are right now, and such additional Conditional Uses would go through the same hearing as Mr. Hecht is going through today. She said probably the same kinds of issues being raised today would be raised at that kind of a hearing. PUBLIC HEARING WAS CLOSED Ms. Santalahti asked how this site and available space compared to what they were currently using. Mr. Hecht said right now they were sharing a site at an elementary school so there is no way to compare the two locations; however, if you look at any other preschools that are in one family structures of this size you will see this is in several respects rather large. He said this lot is larger than normal, as the lots usually run somewhere between 5,000 to 7,000 square feet. He said the structure itself is larger than usual as it is between 1,800 to 2,000 square feet including the additional room. He said it also has good accessibility being on a, main street. He said there is adequate parking on site as far as the Planning and Traffic Departments are concerned for the four cars that are necessary for the four employees. He said if the schools mentioned within four miles were checked out it would probably be discovered that they are either on church properties or school properties or small residential homes on a well traveled street for accessibility and visibility. Ms. Santalahti asked where would the four cars of the employees be parked. Mr. Hecht said the Planning and Traffic Departments noted that on the right side of the building there is a 16 foot concrete pad already in place that goes the depth of the structure which would provide parking for the cars. He said they also suggested that the front lawn be converted to an appropriate turn-around area. He said the front lawn is over 60 feet, and at the end of the front lawn, there is an area for two additional cars. Ms. Santalahti asked if he was going to remove the pump house since it wasn't shown on the plans. Mr. Hecht said it would either be removed or they would get a building permit to use it as a play room. He said the well has been capped and it has an approximately 18 inch by 18 inch concrete block that goes up about two feet which might be suitable for a table top. He said they would have to check with Social Services and if they felt this was a separate structure and not • • MINUTES, ZONING ADMINISTRATOR, JULY 26, 1990 PAGE 11 appropriate, they would remove it; if they felt it was a suitable play area then they would rehab it. Ms. Santalahti said there are two basic problems she has with this proposal. She is concerned about the street situation. She said the off-set intersection between Tyler and Yale will cause a basic problem for anyone who develops this property. She said this is a recurring problem throughout the city at other similar locations. She said the City of Anaheim is not fond of putting in traffic lights at locations like this and when they have it is because it is the only semi-solution to the problem. She said she was also concerned about the drive-in area. She noted other pre-schools she has looked at have circular driveways so people can drive in, drop off the children, watch them enter the building and then drive right out again. She said neighbors in residential neighborhoods do not like people backing out onto the street and said it would even be worse to back out onto an arterial street. She said it surprised her that the traffic engineer did not oppose this petition because there was a similar proposal on Acacia Street and they did a lot of fancy designing to accommodate a suitable driveway for dropping children off. She asked if 45 children were a normal cutoff point for a certain type of license. Mr. Hecht said it depends upon the size of the structure and available property. He said you need 35 square feet per child. He said with this size structure they could go to 60 students but they did not think that was feasible. He said if a circular driveway is the only constraint he would be happy to put one in. Ms. Santalahti said in a project like this, the student teacher ratio and square footage is entirely regulated by the state. She said it is conceivable, however, that one agency or the other could deny the request which would mean it couldn't be done. She noted she was out at the site around 3:00 p.m. or so in the afternoon so she understood the comments that were made about the traffic situation. She expressed her concern about the children playing so close to the residential neighbor next door. She said this location, because of the off-set intersections, would be a really poor situation for any commercial or residential use. She said the property needs to be developed with a use that could fit into that type of situation. She said she didn't see how a satisfactory loop or circular driveway off Dale Street could be provided since it would involve a driveway closer to Yale which is another point of intersection and the property has a very short frontage along Dale Street. She said there should be four regular non-tandem parking spaces available on site that would not conflict with the traffic movement of parents dropping off or picking up children. She said she did not feel she could approve this conditional use permit because of the location. Ms. Santalahti denied this conditional use permit based on the fact that subject property, in terms of its use as a childrens pre-school, is at an unsuitable location because it is located on Dale Avenue (an arterial highway) between the off-set intersections of Yale and Tyler Avenues which streets are less than 75 feet apart, that the proposed vehicle drop-off and parking area is in the yard along Dale Avenue with a single driveway providing entrance and exiting from Dale Avenue close to possible traffic conflicts caused by vehicles entering Dale from both Yale and Tyler Avenues, that the parking area design may encourage an unsafe traffic condition wherein drivers back into • • MINUTES. ZONING ADMINISTRATOR; JULY 26. 1990 PAGE 12 Dale Avenue because they~~cannot easily turn around on-site, and that said yard along Dale Avenue is not large enough to allow re-design of the parking area to include a "circular" driveway wherein drivers could enter said parking area and exit it continuously one-way; and that subject property, as currently developed, is not suitable for use as a childrens pre-school because the 27 to 42-foot deep childrens play area abuts an existing single family residence along almost the entire east property line and the outdoor activities of 45 children will potentially have an adverse noise and disturbance impact on said adjacent single family residence, and that the size of the yard along Dale Avenue in terms of its use as a parking and drop-off area is too small because the 4 proposed parking spaces are in tandem to one another thereby limiting their functionality, because lack of on-site turning space may cause drivers to back their cars into Dale Avenue, and because lack of on-site space may cause conflicts when drivers trying to enter and exit the drop-off area are using the single driveway simultaneously; and that the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which is is proposed. 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 N0.4 CEOA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT N0. 3313 PUBLIC HEARING: OWNER: MARIANA & HELMUT PETERMANN, 5213 Rolling Hills Drive, Anaheim, CA 92807. Subject property is a rectangularly-shaped parcel of land consisting of approximately 0.25 acre, having a frontage of approximately 73 feet on the north side of Rolling Hills Drive, having a maximum depth of 152 feet, being located approximately 80 feet west of the centerline of Rolling Hills Place, and further described as 5213 East Rolling Hills Drive. To permit a satellite dish in residential zone in the Scenic Corridor. There was one person indicating his presence in opposition and no correspondence was received. Mariana Petermann, 5213 Rolling Hills Drive, Anaheim, said she did not think the satellite dish was disturbing anyone's view. Philip French, 5223 Honeywood Lane, Anaheim, said he has a copy of the CC & R's that were recorded which address quite clearly in Article 4 the installation of outside antennas. He said he understands they are trying to get a conditional use permit but he felt that should have been obtained prior to installing the satellite dish. He said it felt if one dish is allowed pretty soon everyone is going to want a satellite dish and he didn't feel they were attractive to the community. He said this one is noticeable from his front yard and his driveway. He said he was sure if this were located in the Petermann's front yard their neighbors would be concerned about it. He said he has copies of the CC & R's if they were needed and noted they state antennas are not allowed at all. Ms. Santalahti asked if Mr. French could summarize what Article 4 says. Mr. French said Article 4, point number ten, "except as set forth below no towers, antenna, aerials or other facility for the reception or transmission • • MINUTES. ZONING ADMINISTRATOR. JULY 26. 1990 PAGE 13 of radio or television broadcasting or other means of communication shall be erected or maintained or permitted to be erected and maintained on any lot except by the installation inside," meaning probably the attic, "the dwelling itself," he said it goes on and on and spells it out quite clearly. Selma Mann, Deputy City Attorney, said the CC & R's if properly recorded do bind the owners of the property with regards to the use of the property but it is a private matter and normally it is up to the other property owners to enforce those CC & R's. She said if there is an association it may be appropriate to have the association seek to enforce those CC & R's. She said the City itself is not involved in that matter. She said it is the City's involvement to merely examine any application that is before the Zoning Administrator with regard to the City's rules and regulations with regard to the particular zone. She said any CC & R provisions over and above that need to be enforced by the association or other owners. Ms. Santalahti asked how long the antenna had been in that location. Mr. French said he had been aware of it for about 30 days. In rebuttal, Ms. Petermann said she did not think there was an association. She said the man from Sears did not tell her she needed a permit. She said the back yard of the house is down the hill. Ms. Santalahti asked if this was an action by Code Enforcement. Ms. Mann said it was. Ms. Santalahti noted that the Code Enforcement Division of the Planning Department is making an effort to deal with satellite dishes or antennas. She said while this type of use is a conditional use, part of the reason for it being a conditional use in this area is the City feels that efforts can be made to screen this type of equipment and place it in a manner so others don't look at it or at least see it as little as possible. She said it can be landscaping or placed in a way so it is as nonvisible as possible. She said she did not realize the dish could be seen from front yards on Honeywood. Ms. Santalahti said the dish needed to be placed in a better location for her to act favorably on this item. Ms. Petermann asked if this item could be continued so she could find for a better placement for the satellite dish so it would be less visible. Ms. Santalahti continued this item until the meeting of August 9, 1990. Ms. Santalahti asked Mr. McGhee to provide a copy of the aerial map of Ms. Petermann's house to assist her in determining a new location. Ms. Santalahti said she would go out and look at the dish from Honeywood Lane. ITEM N0. 5 INFORMATIONAL ITEMS: ADMINISTRATIVE ADJUSTMENT N0. 0053 AND CATEGORICAL EXEMPTION.- CLASS 1: To construct a 1200 square-foot addition to a commercial/residential structure • • MINUTES, ZONING ADMINISTRATOR, JULY 26, 1990 PAGE 14 with waiver of minimum number of parking. spaces. Property is located at 202 East Broadway. Ms. Santalahti said they had received no written correspondence on the Administrative Adjustment and noted the appeal period would end July 26, 1990 at 5:00 p.m. She said if no opposition is received she would act to approve this item. She said she would act on this item . ITEM N0. 6 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 11:20 a.m. Minutes prepared by: Pamela H. Starnes Executive Secretary Minutes approved by: Annika M. Santalahti Zoning Administrator 0546g