Minutes-ZA 2001/11/01•
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ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, NOVEMBER 1, 2001 9:30 A.M.
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
ZA110101.DOC
PRESENT:
Annika Santalahti, Zoning Administrator
Patricia Koral, Senior Word Processor
Carolyn Flynn, Deputy City Attorney
Cheryl Flores, Senior Planner
REPORTS AND RECOMMENDATIONS:
1 a. CEQA CATEGORICAL EXEMPTION -CLASS 11
1b. SPECIAL CIRCUMSTANCES WAIVER NO. 2001-00017 Continued to 11115/01.
OWNER: Arnel Management Company
Attn: Richard Pinette 10 day appeal period.
949 South Coast Drive, Ste. 600
Costa Mesa, CA 92626
LOCATION: 2301-2307 East Ball Road- Casa Madrid Apartments: Sr2098.doc
Property is 12.4 acres, having a frontage of 660 feet on the north side of Ball Project Planner:
Road having a maximum depth of 820 feet located 175 feet east of the (dseeCc~anaheim.net)
centerline of Bellhaven Street.
Request for a waiver of Special Event Permit requirements to permit
balloons and awall-mounted banner in conjunction with an existing 288-unit QS.115
apartment complex in the RM-1200 (Residential, Multiple Family) Zone.
Decision/letter
This item was continued from the Oct. 4, 2001 Zoning Admin. Mtg.
This item was continued to November 15, 2001
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2a. CEQA CATEGORICAL EXEMPTION -CLASS 11
2b. SPECIAL CIRCUMSTANCES WAIVER N0.2001-00016
Continued to 11/15/01.
OWNER: Daniel Rosenberg 999-1385
2300 West Lincoln Avenue 10 day appeal period.
Anaheim, CA 92801
Sr8103ds.doc
LOCATION: 2300 West Lincoln Avenue- Daniel's Furniture: Property is
4.4 acre, having a frontage of 330 feet on the south side of Lincoln Avenue Project Planner:
having a maximum depth of 585 feet located 985 feet east of the centerline (kbass(a~anaheim.net)
of Gilbert Street. QS.33
Request for a waiver of Special Event Permit requirements to permit and
retain existing banner signs on existing steel supporting posts in conjunction
with a retail furniture store in the CL (BCC) (Commercial, Limited; Brookhurst
Commercial Corridors Overlay) Zone.
Decision/letter
Per the request of the applicant. Helmuth Thompson, 2300 West Lincoln Avenue
Anaheim, CA 92801 spoke on behalf the owner who was unable to attend and requested a continuance to
November 15, 2001.
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PUBLIC HEARINGS:
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3a. CEQA CATEGORICAL EXEMPTION-CLASS 1
3b. WAIVER OF CODE REQUIREMENT- (withdrawn)
3c. CONDITIONAL USE PERMIT N0.2001-04454
OWNER: American Investments Chino LLC
Attn: Alec D. Glasser
301 Forest Ave.
Laguna Beach, CA 92651
LOCATION: 430 South Anaheim Hills Road. Suite D- Anaheim Hills
Plaza. Property is 11.4-acres located at the northeast corner
of Nohl Ranch Road and Anaheim Hills Road.
To permit on-premises sales and consumption of beer and wine within a
proposed full-service restaurant within a commercial retail shopping center in
the CL(SC)(Commercial, Limited; Scenic Corridor Overlay) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2001-40
Granted In Part.
wvr. of code w/drawn
15 day appeal
Sr8130vn.doc
Project Planner:
(vnorwoodCu~Anaheim.ne
t)
QS 192
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no
correspondence in opposition was received.
The Zoning Administrator hereby finds the following:
1. That the waiver of minimum number of parking spaces is hereby denied on the basis that the
proposed use in the existing shopping center complies with the Code-required parking.
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
3. That the proposed use will be in an existing tenant space in a commercial center and the size
and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to
the particular area nor to the peace, health, safety and general welfare.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area; and that the parking provided for
this shopping center including the proposed restaurant exceeds Code requirements.
5. That granting this conditional use permit, under the conditions imposed, will not be
detrimentai to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Based on the evidence and testimony the Zoning Administrator approved Conditional Use Permit No.
2001-04454, in part, subject to the following conditions:
That the establishment shall be operated as a "bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code.
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2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control ("ABC") and approved by the City of Anaheim.
That food service with a full meal shall be available in this restaurant from opening time until either
10:00 p.m. or closing time, whichever occurs first, on each day of operation.
4. That there shall be no poo! tables maintained upon the premises at any time.
That subject alcoholic beverage license shall not be exchanged fora "public premises" (bar) type
license nor shall the establishment be operated as a "public premises" as defined in Section 23039
of the California Business and Professions Code.
6. That the sale of beer and wine shall not exceed forty percent (40%) of the gross sales of all retail
sales during any three (3) month period. The applicant shall maintain records on a quarterly basis
indicating the separate amounts of sales of beer and wine and other items. These records shall be
made available and subject to audit when requested for inspection by any City of Anaheim official
during reasonable business hours.
That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without the prior issuance of proper permits, as required by the Anaheim Municipal Code.
That the sale of beer and wine for consumption off the premises shall be prohibited.
That there shall be no exterior advertising of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcohol beverages.
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
11. That the business operator shall comply with Section 24200.5 of the Business and Professions
Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly,
to buy them drinks in the licensed premises under any commission, percentage, salary, or other
profit-sharing plan, scheme or conspiracy.
12. That all doors serving subject restaurant shalt conform to the requirements of the Uniform Fire
Code and shall be kept closed and unlocked at all times during hours of operation except for
ingress/egress, to permit deliveries and in cases of emergency.
13. That there shall be no public telephones on the premises located outside the building, as required
by the Anaheim Police Department and the Code Enforcement Division of the Planning
Department.
14. That the business owner shall obtain a valid license from the California Department of Alcoholic
Beverage Control ("ABC") for the sale of beer and wine in conjunction with this restaurant.
15. That beer and wine shall only be sold and served to diners at tables with meal service; and that no
beer or wine shall be served over the counter. Furthermore, beer and wine shall be served only in
glassware and shall not be served in disposable or plastic cups or containers.
16. That the business owner shall obtain a valid business license from the Business License Division of
the City Finance Department for the full-service restaurant with the sale of beer and wine.
17. That the hours of operation shall be limited to Monday through Friday from 11 a.m. to 10 p.m., and
Saturday and Sunday from 5 p.m. to 10 p.m., as stipulated by the petitioner.
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18. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 3108 (to permit sale of beer and wine for on-premises
consumption in an existing restaurant at 430-C South Anaheim Hills Road).
19. That the proposal shall comply with all signing requirements of the CL(SC) Zone unless a variance
allowing sign waivers is approved by the Planning Commission or City Council.
20. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
21. That prior to commencement of the activity authorized by this decision or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition Nos. 14, 16, 18 and 20,
above-mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. If an
extension of time is requested in order to obtain a valid license from the California Department of
Alcoholic Beverage Control, it shall be considered at a noticed public hearing.
22. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
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4a. CEQA CATEGORICAL EXEMPTION-CLASS 1
4b. VARIANCE NO. 2001-04460 Granted In Part,
wvr. of fence height
OWNER: South Street LLC denied
901 E. South Street
Anaheim, CA 92805
15 day appeal
AGENT: Brian Van Patten
HPA INC
4931 Birch Street
Newport Beach, CA 92660
LOCATION: 901 East South Street. Property is 20.44 acres having Sr8105.doc
frontages of 561 feet on the north side of South Street and the
south side of Santa Ana Street with a maximum depth of 1,596
feet located 590 feet west of the centerline of East Street. Project Planner:
(anovakCc~Anaheim. net)
Waiver of minimum number of parking spaces (~3 592 required; 4~ 292
proposed) and a maximum fence height (3-foot high within the required front
yard setback permitted; ~ 6-foot high proposed) to permit and retain existing
accessory outdoor storage of trucks and trailers and an 8-foot high wrought QS 94
iron fence within the required front yard setback of an industrial property in
the ML (Limited Industrial) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2001-41
PRESENT:
Brian Van Patten, HPR Archetects.
Larry Stoddard, Freeman Decorating Company, 1401 Hermosa Drive, Corona, CA.
The Zoning Administrator approved Variance No. 2001-04460, in part. Approving waiver (a) which is the
parking waiver and denying waiver (b) the fence height waiver and modify condition no. 10 and adding a
condition no. 14
The Zoning Administrator hereby finds the following:
1. That waiver (b), maximum fence height, for the 6-foot high fence was inadvertently
advertised as an 8-foot high fence.
2. That waiver (b) is hereby denied on the basis that the petitioner has not demonstrated
that there are special circumstances applicable to this property which would prohibit the full use and
enjoyment of this industrial facility; that no other fence height waivers have been granted within this ML
zoned area; and that the Code standard does not deprive this property of any privileges enjoyed by other
properties under identical zoning classification in the vicinity.
3. That waiver (a), minimum number of parking spaces, is hereby approved on the basis
that the petitioner submitted a parking study prepared by Katz, Okitsu & Associates, dated July 5, 2001,
to substantiate the requested waiver; and that the City Traffic and Transportation Manager has reviewed
the study and concurs that there will be sufficient parking for the proposed land use.
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4. That no on-street parking is required for the proposed project; and that, as
demonstrated in the parking study, the number of on-site parking spaces proposed for the project is
sufficient to meet the forecast demand based on an analysis of the existing facility.
5. That access to adjacent properties will not be affected by the proposal; and that the
proposed project will not impede vehicular ingress or egress because the project is not expected to result
in increased demand for on-street parking in the vicinity of any driveways or other locations in the vicinity;
and that the sight lines and turning areas for existing the driveways at public streets will be unaffected by
parking for the proposed project.
6. That approval of the parking waiver will not cause an increase in traffic congestion in
the immediate vicinity nor adversely affect any adjoining land uses.
7. That approval of the parking waiver, under the conditions imposed, will not be
detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim.
8. That approval of the parking waiver, under the conditions imposed, will not cause fewer
off-street parking spaces to be provided for the use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use.
9. That approval of the parking waiver, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use.
10. That approval of the parking waiver, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposed use (which property is not expressly provided as parking for such use under an agreement
in compliance with Section 18.06.010.020 of the Zoning Code).
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2001-04460, in part, subject to the following conditions:
1. That all air conditioning facilities and other roof and ground-mounted mechanical equipment shall be
properly shielded from view from any public right-of-way or adjacent property. Such information
shall be specifically shown on the plans submitted for building permits.
2. That granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the
parking demand study that formed the basis for approval of said waiver. Exceeding, violating
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in
the parking demand study, shall be deemed a violation of the expressed conditions imposed upon
said waiver which shall subject this variance to termination or modification pursuant to the provisions
of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
3. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
4. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic on the adjacent public streets. Installation of any gates shall conform to Engineering
Standard Pian No. 609 and sha11 be subject to review and approval by the City Traffic and
Transportation Manager prior to installation of such gate.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
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6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602
pertaining to parking standards and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
7. That no "small car" or "compact" parking spaces shall be permitted.
8. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
9. That the proposal shall comply with all signing requirements of the ML (Limited Industrial) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
10. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos.1 through 3, as conditioned herein; provided, however, that there
shall be no fence in the front ten (10) foot setback adjacent to South Street (a "collector" street) and
that there may be a maximum three (3) foot high fence in the setback area between ten (10) feet and
twenty (25) feet from South Street.
11. That prior to issuance of a building permit or within a period of one (1) year from the date of this
decision, whichever occurs first, Condition Nos. 1 and 6, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
12. That prior to final building and zoning inspections or within a period of one (1) year from the date of
this decision, whichever occurs first, Condition No. 10, above-mentioned, shall be complied with.
13. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
14. That within a period of two (2) months from the date of the decision, the six (6) foot high wrought iron
fence shall be removed from the required twenty five (25) foot front setback along South Street.
5. ITEMS OF PUBLIC INTEREST: NO ONE
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