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Minutes-ZA 1992/03/19• ACT I O N i AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, MARCH 19, 199 9:30 A.M. Procedure to expedite Meeting The proponents for conditional use permit, variance, administrative use permit and administrative adjustment 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. A11 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. A.n 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. ZA9238PL.WP 3-/9- 9 ~ ., • • 1a. CEOA NEGATIVE DECLARATION lb. CONDITIONAL USE PERMIT NO. 3502 OWNER: GEORGE GADE 30001 Crown Valley Parkway Laguna Niguel, CA 92677 AGENT: MICHAEL JOHNSON 22305 Rolling Hills Lane Yorba Linda, CA 92687 LOCATION: 601 East Oran eg thorpe Avenue. Property is approximately 1.3 acres, having a frontage of approximately 316 feet on the north side of Orangethorpe Avenue, having a maximum depth of approximately 174 feet, and being located approximately 1,435 feet west of the centerline of Raymond Avenue. To permit on-sale consumption of beer and wine in an existing 7,400 square foot restaurant. ZONING ADMINISTRATOR DECISION NO. ZA 92-15 2a. CEOA NEGATIVE DECLARATION 2b. CONDITIONAL USE PERMIT NO. 3503 OWNER: SCOTT T. BURNHAM 3636 Birch Street, Suite 100 Newport Beach, CA 92660 AGENTS: MANUEL A. PEREZ 1402 East 19th Street Santa Ana, CA 92701 Alejandro P. Perez 23822 Palmer Circle El Toro, CA 92630 LOCATION: 470 South Anaheim Hills Road. Property is approximately 0.73 acre, approximately 201 feet on the north side of Canyon Rim Road and approximately 300 feet east of the centerline of Nohl Ranch Road. Approved Approved 3-~ y ~ z .. • To permit on-sale consumption of beer and wine in an existing restaurant. ZONING ADMINISTRATOR DECISION NO. ZA 92 -16 3. REPORTS AND RECOMMENDATIONS: A. VARIANCE NO. 4117 -FOR EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL Myrle Holloway (Property Owner) requests an extension of time to comply with conditions of approval. Property is located at 919-959 South Knott Street. 4. INFORMATIONAL ITEMS: 5. A. ADMINISTRATIVE ADJUSTMENT 0068: To construct a 374 square-foot bedroom addition to an existing single-family residence, with waiver of minimum site area, 5,850 square-feet permitted; 5,000 square-feet proposed. Property is located at 1757 North Rutherford Street. ZONING ADMINISTRATOR DECISION NO. ZA 92-17 ITEMS OF PUBLIC INTEREST: CERTIFICATION OF POSTING I ereby certify that a complete copy of this agenda was posted at ~: ~ -- „~- ~ LOCATIONS: COUNCIL CHAMBER DISPLAY (TIME) (DATE) CASE 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 Approved NONE. ~ -~ y ~/ Z_ w w REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - MARCH 19, 1992 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:30 a.m., March 19, 1992, in the Council Chamber. PRESENT• Annika M. Santalahti, Zoning Administrator Della Herrick, Associate Planner Linda Eaves, Code Enforcement Officer Patricia Koral, Acting 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 opportunit to be hea at the end of the meeting. ~ --~ ~9a X~iS/GNU Qo~rO/T~o~~G l/~~~~~ ITEM NO. 1 - CEOA NEGATIVE DECLARATION, VA'3~~NC~E-NO. 3502 PUBLIC HEARING: OWNER: George Gade, 30001 Crown Valley Parkway, Laguna Niguel, CA 92677. AGENT: Michael Johnson, 22305 Rolling Hills Lane, Yorba Linda, CA 92687. Subject property is 601 East Orangethorpe Avenue, having approximately 316 feet of frontage on the north side of Orangethorpe Avenue, having a maximum depth of approximately 174 feet, and being located approximately 1,435 feet west of the centerline of Raymond Avenue. To permit on-sale consumption of beer and wine in an existing 7,400 square foot restaurant. Mike Johnson said 601 East Orangethorpe is the address he uses in Anaheim. He stated he read the staff report and found it to be fine. No one indicated their presence in opposition or in support and no correspondence was received. PUBLIC HEARING WAS CLOSED. Ms. Santalahti asked if Mr. Johnson would stay at the podium. She asked if he had reviewed the conditions that staff is recommending starting on page 4 of the staff report? Mr. Johnson replied that he did and everything is satisfactory. Ms. Santalahti asked if the service of beer and wine is going to be in conjunction with the service of meals? Mr. Johnson replied yes it will be used to compliment the meals. ZM1003PK + G ADMINIS~ R MARCH 19 1992 ~ PAGE 2 MINUTES ZONIN Ms. Santalahti stated that a negative declaration is recommended by staff and she concurrs. She said she was approving Conditional Use Permit No. 3502 on the basis that the proposal is compatible with the existing restaurant use of the property and that the beer and wine sales will be in connection with the restaurant service. She moved that the written decision will be signed during the next seven days, and the signature date is the beginning of the 15 day appeal period. ITEM NO. 2 - CEOA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 3503 PUBLIC HEARING: OWNER: Scott T. Burnham, 3636 Birch Street, Suite 100, Newport Beach, CA 92660. AGENT: Manuel A. Perez, 1402 East 19th Street, Santa Ana, CA 92701 and Alejandro P. Perez, 23822 Palmer Circle, E1 Toro, CA 92630. Subject property is 470 South Anaheim Hills Road and consists of approximately 0.73 acre, having approximately 201 feet of frontage on the north side of Canyon Rim Road and being located approximately 300 feet east of the centerline of Nohl Ranch Road. To permit on-sale consumption of beer and wine in an existing restaurant. No one indicated their presence representing the proposal, oppositng it or supporting it, and no correspondence received. PUBLIC HEARING WAS CLOSED. Ms. Santalahti noted that the staff report states "It is an operating fast-food restaurant". Ms. Herrick stated that fast-food in any place where they have tables but they don't have waitress service. Ms. Santalahti stated that basically the same conditions are recommended as in item number 1 but this proposal also needs a solid waste storage and collection plan and that the trash storage areas need to be refurbished. Ms. Santalahti stated that her concern is that the beer and wine sales always be in connection with the service of meals and there is a condition that refers to that and that she will make it clear in the decisions for both items number 1 and 2. Ms. Santalahti stated that a negative declaration is recommended by staff and she concurs. She approved Conditional Use Permit No. 3503 on the basis that it is an appropriate use at the given location with the underlying fast-food restaurant. Ms. Santalahti requested that staff call the applicant to let him know that it was approved since no one was present at the hearing. Ms. Herrick stated she would contact the planner that was involved and let them know. y E ZONING ADMINIS~ R MARCH 19 1992 ~ PAGE 3 MINUT S, REPORTS AND RECOMMENDATIONS: ITEM NO. 3-A VARIANCE NO. 4117 - EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL• PUBLIC HEARING: OWNER: Myrle Holloway. Subject property is 919-959 South Rnott Street and this Variance allowing lots not abutting the public street was processed in conjunction with a tentative parcel map. Mr. Holloway stated his address is 19622 Frank Ave., Cerritos. Ms. Santalahti asked, "what kind of timing do you expect on the parcel map?" Mr. Holloway answered the parcel map has been approved and been preliminarily checked and everything is done and is ready for signature, and they are waiting for one because it has been involved with three or four owners, transfers, land exchanges and it is down to one signature for subordination from one of the second position lenders, then they will be ready to close escrow on it. Mr. Holloway also stated that he is funded and ready to go and just waiting for title to the property. Ms. Santalahti stated that there is no environmental assessment necessary on todays request because the determination was made in connection with the original decision. Linda Eaves, Code Enforcement staff, said there have been on-going complaints at the over-all property for the last two years. Ms. Eaves stated that the violations on the property currently are illegal dumping, the building is covered with graffiti, there is a Christmas tree lot that hae never been removed, there is a substantial amount of glass, and she would like to see if all corrected. Ms. Santalahti asked if a notice or notices gone out on the violations? Ms. Eaves stated that there have been notices issued to prior owners and that there is also a condition as part of the conditional use permit that a wall be constructed on the west side of the property. She said she feels that is a significant dilemma because the woman who owns the property on the other side has a great Dane which has accosted a child. Ms. Eaves also stated that she has not recently sent any letters because all parties have already been notified and are aware of the problems. Ms. Santalahti stated that, based on assumption that part of the problem is due to multiple ownership, apparently no one has wanted to take full responsibility. Ms. Santalahti also stated that she will grant the time extension subject to all of the outstanding code enforcement violations being taken care of within one month from March 21, 1992. Ms. Santalahti asked Mr. Holloway if he had copies of the previous notices? Mr. Holloway asked if consideration could be given due to the situation being out of their control. He said, "We do not own the property at this point, we are in there as part of the victim and we are the ones attempting to get these things completed, we have written letters, we have sent a guy out to .. ,. 4 MINUTES, ZONING ADMINISTRATOR, MARCH 19. 1992 PAGE 4 do some cleaning, if Mr. Roterferd had not gone, into surgery we .were prepared to file against "One Stop" to try to push this thing along and we are working with code enforcement to try as much as we can. We are in there as a tenant and more or less the victim because we have an operating business in there which is being severely hurt. He said he was concerned that if a condition were put upon them then the other involved parties would refuse to do anything and the whole burden would fall upon them". Ms. Santalahti asked, "what are the operating businesses there now?" Mr. Holloway stated it is "Pay and Play Racquet Ball" which they own, the building on which they have a land lease with Larry Smith and which they have an agreement to buy and do the conversion under the Conditional Use Permit. Ms. Santalahti asked Mr. Holloway if he was looking at the "Pay and Play" property and is it the one they are ultimately interested in? Mr. Holloway stated that is the one they are really concerned with. Ms. Santalahti asked Linda for her comments or problems on the "Pay and Play" property. Ms. Eaves stated that the property which is occupied by Pay and Play currently has the moat serious dumping problem, the alley is obliterated and there are piles of dirt. Ms. Santalahti asked Mr. Holloway if there is a copy of a location map attached to the staff report he has. Is the "Pay and Play" property the irregualarly shaped parcel that goes along the railroad tracks? Mr. Holloway stated yes that they are located at the rear. He said they would be inclined to clean up anything within their property even though under their agreement with Larry Smith, Larry Smith is responsible for all those roadways but ae a condition they would be responsible to remove everything from their section. Ms. Santalahti asked Ms. Herrick and Ms. Eaves to look at the map to be sure that it reflects the boundry lines for "Pay and Play". Mr. Holloway stated that he has an actual site plan, the debris is back in a corner. Ms. Santalahti asked what the existing fence consists of? Mr. Holloway stated that it originally was a block wall, that someone has installed a gate or a piece of gate, and that he does not even know at what point or how it was damaged or whether it was their responsibility to repair it. .. ~ w MINUTES ZONING ADMINISTRATOR MARCH 19 1992 PAGE 5 Ms. Santalahti stated that the Zoning Code requires a 6-foot block wall along all commercial boundry lines shared with residential uses. Ms. Santalahti asked if Mr. Holloway will be the owner when this project is finished? Mr. Holloway replied that "It looks that way and that the property will revert back to him". Ms. Santalahti asked Ms. Eaves to obtain a copy of the boundary line exhibit to place in the Variance file. Ms. Santalahti stated she will also add a condition based on the boundary lines for the specific area that she expects to see improved within the immediate future. Ms. Santalahti asked Mr. Holloway if 30 days would be a rational amount of time? Mr. Holloway said yes. Me. Santalahti stated that she will approve the time extension on Variance 4117 to March 21, 1993 subject to the condition that, within a period of 30 days the responsible parties will take care of the "Pay and Play" property in terms of removing the graffiti, removing any of the dumped trash, rubbish or over-grown vegetation and repairing, replacing or somehow securing the fencing along the west property line with temporary fencing consisting of chainlink fencing or some material that would not be easy to tear down until the permanent 6-foot block wall is fixed and maintained. Ms. Santalahti stated that the correspondence that will be sent indicating approval of the time extension will include the precise wording on what Code Enforcement will expect to see done within 30 days, and Code Enforcement will also be receiving a copy of that letter, and that the 30-day timing will start on March 21, 1992. INFORMATIONAL ITEMS: ITEM NO. 4-A - ADMINISTRATIVE ADJUSTMENT 0068: Waiver of minimum site area (5,850 square-feet permitted; 5,000 square-feet proposed) to construct a 374 square foot bedroom addition to an existing single-family residence at 1757 North Rutherford Street. Ms. Herrick stated that no opposition has been received so far and we have until today at 5:00 p.m. Ms. Santalahti stated that item no. 4-A, Administrative Adjustment 0068, will probably be approved if there is no opposition. ITEM NO. 5 - 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 10:30 a.m. Minutes prepared by: Patricia Ann Koral Acting Secretary Minutes approved by: Annika M. Santalahti Zoning Administrator ZM1003PK