Minutes-ZA 2002/10/03Action Agenda
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, OCTOBER 3, 2002 9:30 A.M.
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
LA1 UU3UZ. UUG
PRESENT:
Annika Santalahti, Zoning Administrator David See, Senior Planner
Deborah Kneffel, Deputy City Attorney Patricia Koral, Senior Word Processor
Melanie Adams, Associate Engineer John Ramirez, Assistant Planner
Alfred Yalda, Principal Transportation Planner
REPORTS AND RECOMMENDATIONS:
1a. ADMINISTRATIVE ADJUSTMENT N0.2002- 00228
OWNER: Edward Doucette
708 N. East Street
Anaheim, CA 92805
AGENT: Pablo Villanueva
Imperial West LLC
12741 Bellflower Boulevard
Downey, CA 90242
LOCATION: 1202 East Wilhelmina Street and 708 North East Street.
Property is 0.42-acre property is located at the southeast corner of
Wilhelmina Street and East Street.
Waiver of maximum fence height (3 feet high permitted; 6 feet high proposed
with a 10 foot setback from East Street) to construct a 6 foot high block wall
within the required front yard setback of a proposed single-family residence
in the RS-7200 (Residential, Single-Family) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2002-31
Appeal period ended at 5:00 p.m. on Wednesday, October 2, 2002
Approved.
15-day appeal
Sr8434jr.doc
Project Planner:
tiram irezCrilanaheim.com )
QS. 92
No one was present in opposition and no correspondence received for this project.
The Zoning Administrator hereby finds the following:
10/3/02
PAGE 1
1. That the request is hereby granted in accordance with Subsection 18.12.080.015 of the
Anaheim Municipal Code which permits waiver of maximum fence height in connection with an
administrative adjustment if no opposition is received during the 10-day notification period; and that no
written opposition to the proposal was received.
2. That the request is similar to a Code provision which, by Administrative Adjustment, permits
maximum 8-foot high fences or walls on single-family residential lots which front on major arterial
highways if a 10-foot landscaped setback is maintained between the fence/wall and the major arterial
highway and if the line-of-sight visibility associated with said fence/wall is reviewed and approved by the
City Traffic and Transportation Manager.
3. That a 10-foot wide landscaped setback is proposed between the 6-foot high block wall and
East Street (a secondary arterial highway), and no lines-of-sight are adversely impacted by the proposed
wall because there are no nearby intersections of vehicle traffic and driveways or pedestrian walkways.
Based on the evidence. presented to Zoning Administrator and hereby determined to grant Administrative
Adjustment No. 2002-00228, subject to the following conditions:
That in connection with submittal of plans for the new house on subject property, the developer shall
confer with Zoning staff regarding landscaping in the ten (10) foot setback between the proposed six
(6) foot high block wall and East Street; and that said landscaping shall minimally include vines or tall
shrubbery along the west side of the block wall to discourage graffiti, in accordance with subsection
18.04.060.040 of the Anaheim Municipal Code pertaining to Landscaping or Screening of
Fences/Block Walls which are visible to public rights-of way; and that an irrigation system shall be
provided for the maintenance of said landscaped setback in accordance with subsections
18.04.060.060 and 18.04.060.070. Said landscaping information shall be specified on the plans
submitted, for building permits.
2. 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 No. 1, including the landscaping to screen the block wall discussed in
Condition No. 1, above.
3. That prior to final building and zoning inspections for the new single-family residence on subject
property or within a period of two (2) years from the date of this decision, whichever occurs first,
Condition No. 2, 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.
4. 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.
10/3/02
PAGE 2
PUBLIC HEARING ITEMS:
2a. CEQA NEGATIVE DECLARATION ~ I CONTINUED TO OCT. 17, 02.
2b. VARIANCE N0.2002-04524
OWNER: Reeder Properties and Ock Ja Kim 15-day appeal
209 Bannock Ct. Box 856 1365 N. Knollwood Circle
Sun Valley, ID 83353 Anaheim, CA 92801
Sr8440jr.doc
AGENT: Richard Kim
1365 Knollwood Circle Project Planner:
Anaheim, CA 92801 (iramirez(a~anaheim.net)
QS. 17
LOCATION: 1365-1385 Knollwood Circle. Parcel 1: This irregularly-
shaped, 3.0-acre property is located at the terminus of Knollwood Circle,
having a frontage of 86 at the terminus of Knollwood Circle, and a maximum
depth of 444 feet (1365-1385 Knollwood Circle).
LOCATION: 1335 Knollwood Circle. Parcel 2: This irregularly-shaped,
1.2-acre property is located 1666 feet north of the centerline of Woodland
Drive, having a frontage of 224 feet on the west side of Knollwood Circle,
and a maximum depth of 229 feet (1335 Knollwood Circle).
Waiver of minimum number of parking spaces and required screening of
outdoor equipment (equipment shall not be visible from street; equipment
visible from Knollwood Circle) to permit and retain an existing textile
manufacturing facility with accessory outdoor storage and equipment in the
ML (Limited Industrial) Zone.
ZONING ADMINISTRATOR DECISION NO.
Continued from the meeting of September 5, 2002
No one was present in opposition and no correspondence received for this project.
This item was continued from the meeting of September 5, 2002 for the applicant to comply with the notice
and compliance order that was issued by the Public Works Department.
Staff update by David See, stated that the applicant has been working with various departments including
Public Works. Melanie Adams with Public Works stated that the compliance order related to the sanitary
sewer, that the applicant has met the conditions. They did complete the schedule to upgrade their system
and on September 30, 2002, and obtained aright-of-way construction permit to do cleaning if necessary
within the public sewer system, therefore, there can be updates on the recommendation of approval due to
their recent compliance. Condition no. 7, can be deleted.
TRAILED THIS ITEM: 9:35 TO 9:50 to check the right-of-way sidewalk relative to the block wall, wrought
iron.
OPENED THIS ITEM AT 11:15 TO 11:40.
10/3/02
PAGE 3
3a. CEQA CATEGORICAL EXEMPTION-CLASS 1
3b. VARIANCE N0.2002-04530
OWNER: Avenue 1 Slater
1874 S. Pacific Coast Hwy., #194
Redondo Beach, CA 90277
AGENT: Soon Kim
3435 Wilshire, #1050
Los Angeles, CA 90010
LOCATION: 2660 West Woodland Drive. Property is 1.5-acre of property
having a frontage of 288 feet on the east side of Woodland Drive and a
maximum depth of 324 feet, and is located 415 feet north of the centerline of
La Palma Avenue.
Waiver of minimum number of parking spaces (145 required; 115 proposed) to
establish a vocational school in the CL (Commercial, Limited) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2002-32
Concur with Staff.
Approved-based on the
findings including the
conditions of approval.
15- day appeal
Srt3407na.doc
Project Planner:
tnalvarado(a~anaheim.net)
as. 17
No one was present in opposition and no correspondence received for this project.
Soon Kim, applicant was present.
Traffic engineering division submitted comments. That the auditorium, proposed in the second floor of
Building B, shall not be used simultaneously with other school activities or for religious worship purposes.
1. That the waiver of minimum number of parking spaces is hereby approved on the basis that a
parking study to justify the proposed parking was submitted by the petitioner and reviewed and concurred
with by the City Traffic and Transportation Manager; that the parking study concludes that the amount of
on-site parking spaces provided will be sufficient to accommodate the number of employees and students
proposed for this vocational school, provided that the auditorium is not used simultaneously with the
school classrooms.
2. That the waiver, under the conditions imposed, will not cause an increase in traffic congestion
in the immediate vicinity nor adversely affect any adjoining land uses.
3. That the 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.
4. That the 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.
5. That the 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, or for the
demand and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposed use.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the proposed use.
10/3/02
PAGE 4
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
Based on the evidence and testimony presented, the Zoning Administrator hereby approves Variance No.
2002-04530, subject to the following conditions:
1. That the auditorium, proposed in the second floor of Building B, shall not be used simultaneously
with other school activities or for religious worship purposes.
2. That, as stipulated by the petitioner, this school operation shall be limited to a maximum of fifty (50)
students on-site at any time, with at least thirty (30) minutes between classes to ensure that no
overlapping class scheduling occurs.
3. That, as stipulated by the petitioner, the school and lecture hours shall be limited to Monday,
Tuesday and Thursday between 6:30 p.m. and 11:00 p.m., and to Wednesday between 10:00 a.m.
and 12:00 a.m.
4. ~ That all existing and proposed roof-mounted equipment shall be screened from the public rights-of-
way in compliance with Section 18.44.030.120 of the Anaheim Municipal Code.
5. 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.
6. That four (4) foot high and two (2) foot wide street address numbers shall be displayed on the flat
area of the building roofs in a contrasting color to the roof material, provided that the numbers shall
not be visible to nearby streets or adjacent properties. The lines of the numbers are to be a
minimum of six (6) inches thick and should be spaced twelve (12) to eighteen (18) inches apart and
should face the street to which the structure is addressed. Said information shall be specifically
shown on the plans submitted for building permits.
7. That prior to commencing operation of this school, a business license shall be obtained from the
Business License Division of the City of Anaheim Finance Department.
8. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby uses.
9. That the applicant shall be responsible for maintaining the premises free of litter at all times.
10. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
11. That due to the change in use and/or occupancy of the building, plans shall be submitted to the
Building Division showing compliance with the minimum standards of the City of Anaheim, including
the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of
Anaheim. The appropriate permits shall be obtained for any necessary work.
12. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
13. That the landscape planters shall be permanently maintained with live and healthy plants; and that
all existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
10/3/02
PAGE 5
14. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
15. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
16. That no 'compact' or `small car' parking spaces shall be permitted.
17. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage area(s) shall be designed, located and:screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be
protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized
clinging vines planted on maximum three (3) foot centers or tall shrubbery.
18. 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 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
study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall
subject this permit to termination or modification pursuant to the provisions .of Sections 18.03.091
and 18.03.092 of the Anaheim Municipal Code.
19. That the 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, 2, 3, 4, 5 and 6, and as conditioned herein.
20. 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. 6 and 11,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.
21. That prior to final building and zoning inspections, Condition Nos. 7 and 19, above-mentioned, shall
be complied with.
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.
10/3/02
PAGE 6
4a. CEQA CATEGORICAL EXEMPTION-CLASS 3 Concur with/Staff
4b. VARIANCE N0.2002-04529 ~ Var-Approved
4c. TENTATIVE PARCEL MAP NO. 2002-128 TPM-Approved
Both have modified and
OWNER: Ronald E. Brown and Dennis Illingworth added conditions.
1198 Pacific Coast Hwy., #253
Seal Beach, CA 90740 15-day appeal(VAR)
10-day appeal(TPM)
AGENT: James Brennan
191 South Orange Street
Orange, CA 92866
LOCATION: 2973 West Rome Avenue. Property is 0.39-acre located at the Sr1093cw.doc
northeast corner of Beach Boulevard and Rome Avenue with frontages of 110
feet on the east side of Beach Boulevard and 135 feet on the north side of project Planner:
(cwaaner(rDanaheim.coml
Rome Avenue.
Qs. 1a
Variance No. 2002-04529 -Waivers of minimum lot depth adjacent to an
arterial highway (120 feet required; 40-92 feet proposed) and orientation of
residential structures adjacent to an arterial highway (rear-on orientation
required; side-on orientation proposed) to establish a 2-lot single-family
residential subdivision, which includes the retention of an existing single-
familyhome and the future construction of a new single family home in the
RS-7200 (Residential, Single-Family) Zone.
Tentative Parcel Mao No. 2002-128 - To establish a 2-lot, single-family
residential subdivision in the RS-7200 (Residential, Single-Family) Zone.
ZONING ADMINISTRATOR DECISION NO. VAR-2002-33
Jim Brennan, Civil Engineer for the project was available for any questions
Eight people indicated their presence at the public hearing in opposition to constructing a cul-de-sac on
Rome Avenue at Beach Boulevard; and a petition with four signatures was submitted in opposition to
constructing a cul-de-sac on Rome Avenue at Beach Boulevard.
Concerns/Opposition: Bonnie Richard, resident, 2950 Lyndrose Drive, #C-2, Anaheim, CA 92806, is
speaking for approximately 7-people from the apartment complex (8-people present in council chambers with
concerns relating to the project).
Mr. Jose M. Diaz, 2972 W. Rome Avenue, Anaheim, 92804, stated that he is not for the home to be
constructed.
Mrs. Betty Diaz, 2972 W. Rome Avenue, Anaheim, 92804, The home the applicant bought, every half hour to
45 min. there is a car pulling into that drive way and making a 3 point tum and pulling back out. Not for this
project.
Applicant, Ron Brown stated that he is at the meeting for approval of the variance and approval of the
tentative parcel map, If and when a petition is made to build a cul-d-sac it will be made to the council and that
was made clear in the staff report.
10/3/02
PAGE 7
The Zoning Administrator hereby finds the following:
1. That waiver (a), minimum lot depth adjacent to an arterial highway, is hereby approved on the
basis that there are special circumstances applicable to the property consisting of lot configuration,
location and shape which do not apply to other identically zoned properties in the vicinity; and that strict
application of the Zoning Code would deprive the property of privileges enjoyed by other properties under
identical zoning classification in the vicinity because the characteristics of the proposed subdivision to
establish two new single-family lots are compatible with the lot sizes and configurations of other
properties in the immediate neighborhood, including the property directly across Rome Avenue to the
south, which lot has a similar lot size, shape and house orientation; and that the two proposed lots will
comply with all other RS-7200 development standards including setbacks, lot area and lot width.
2. That waiver (b), orientation of residential structures adjacent to an arterial highway, is hereby
approved on the basis that strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity because the existing
property and the property directly across Rome Avenue to the south were developed with similar
residential uses siding onto Beach Boulevard; and that prior to approval of a building permit for a
dwelling on proposed Parcel 1, a noise level analysis will be prepared in accordance with Council Policy
No. 542 (Sound Attenuation in Residential Projects) to address any adverse noise impacts from Beach
Boulevard and to identify the measures which will be taken to mitigate such adverse impacts, including a
sound barrier (wall) capable of reducing the sound of motor vehicles to an acceptable level out-of-doors
and other measures such as double windows and/or wall and ceiling insulation to limit noise inside the
new dwelling.
3. That the opposition present at the public hearing regarding this proposal concerned the
possible construction of a partial or full cul-de-sac on Rome Avenue at Beach Boulevard, and/or the
possible partial or full closure of Rome Avenue at Beach Boulevard; and that the proposal before the
Zoning Administrator did not include any conclusions or decisions regarding such improvements nor does
the Zoning Administrator have any. authority regarding such improvements; and that the authority
regarding such improvements lies elsewhere in the City of Anaheim, and if such ~cul-de-sac and/or closure
(partial or full) is proposed, it will be considered in accordance with the appropriate City of Anaheim codes
and policies.
Based on the evidence and testimony presented, the Zoning Administrator hereby approves Variance
No. 2002-04529, subject to the following conditions:
1. That as required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner within the public rights-of-way adjacent to Beach Boulevard
and Rome Avenue. The size and number of trees shall be provided to the satisfaction of the Urban
Forestry Division. Said information shall be shown on the plans submitted for building permits.
2. That any new construction on the property shall be provided with underground utilities in accordance
with the Electrical Rates, Rules and Regulations, and the City of Anaheim Underground Policy.
3. That any necessary relocation of existing electrical facilities shall be at the expense of the developer.
4. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said information shall be shown on the plans submitted for building permits.
5. That the existing six (6) inch water main shall be relocated in accordance with the requirements of the
Utilities Department, Water Engineering Division. Said information shall be shown on the plans
submitted for building permits..
10/3/02
PAGE 8
6. That the 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 No. 1, and as conditioned herein.
7. That prior to issuance of a building permit or within a period of two (2) years from the date of
this decision, whichever occurs first, Condition Nos. 1, 2, 4, 5, 10, 11, 12, 13(a), 13(c), 14 and
15, herein-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.
8. That prior to final building and zoning inspections, Condition Nos. 6 and 13(b),
herein-mentioned, shall be complied with.
9. 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.
10. That, if required by the Public Works Department, the property owner shall make an irrevocable offer of
dedication for the Rome Avenue cul-de-sac configuration illustrated on Exhibit No. 1.
11. That the plans submitted for building permits to construct asingle-family detached dwelling on
Parcel 1 (the westerly parcel siding on Beach Boulevard) shall show that in connection with the off-
street parking spaces required under Section 18.06.050 of the Anaheim Municipal, at least four (4)
on-site open spaces shall be provided in addition to the required spaces in a garage. The two (2)
additional open spaces are due to the possible cul-de-sac frontage of Parcel 1 which will effectively
reduce or eliminate the availability of on-street parking in front of Parcel 1.
12. That the plans submitted for building permits to construct asingle-family detached dwelling on Parcel
1 shall show that a minimum ten (10) foot setback shall be maintained between the west property
line (along Beach Boulevard) and the single family home. Said 10-foot setback shall not apply to
any garages or other non-habitable accessory buildings.
13. (a) That the plans submitted to the Building Division for asingle-family detached dwelling on Parcel 1
shall comply with City Council Policy No. 542 °Sound Attenuation in Residential Projects"; and
(b) That the required sound barrier/wall along Beach Boulevard shall be completed prior to issuance
of a certificate of occupancy; and
(c) That vines or tall shrubbery, including the provision of appropriate irrigation facilities, shall be
planted on the west (Beach Boulevard) side of the sound wall to discourage graffiti; and that said
sound wall and landscaping shall be shown on the plans submitted for building permits, and shall
be maintained thereafter in a healthy condition. The specific vines or shrubbery and the size and
spacing of the plants shall be subject to Zoning Division review and approval.
14. That if the cul-de-sac improvement illustrated on Exhibit No. 1 is not approved prior to submittal of
plans for building permits on Parcel 1, a modified site plan shall be submitted to the Zoning Division
and the Public Works Department for review and approval showing the modified parcel map
configuration.
15. That Final Parcel Map No. 2002-128 shall be recorded in the Office of the Orange County Recorder.
10/3/02
PAGE 9
Tentative Parcel Maa No. 2002-128
Zoning Administrator hereby finds the following:
1. That the proposed 2-tot single-family residential subdivision (which is intended to include
retention of an existing single-family home on Parcel 2 and the future construction of a new single-family
home on Parcel 1) is consistent with the Anaheim General Plan Low Density Residential land use
designation for the underlying property.
2. That the design and/or improvement of the proposed subdivision is consistent with applicable
General Plan.
3. That the site is physically suitable for the proposed type of development.
4. That the site is physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
7. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the property within the proposed
subdivision.
Based on the evidence and testimony presented, The Zoning Administrator hereby approves Tentative
Parcel Map No. 2002-128, subject to the following conditions:
1. That an improvement certificate shall be placed on the final map. The certificate shall notify future
property owners of Parcel 1 that concurrent with development, the developer shall pay the City of
Anaheim sewer connection fee, the City of Anaheim sewer deficiency fee for the West Anaheim
area, and/or construct a sewer lateral; and that curbs, gutters and driveway approaches shall be
constructed along the Rome Avenue frontage in conformance with City standard details if the
proposed Rome Avenue cul-de-sac has not been constructed.
2. That if the proposed cul-de-sac street improvement at the terminus of Rome Avenue is not approved
by the City Council, a revised parcel map shall be submitted to the Planning Department and the
Public Works Department to demonstrate compliance with all applicable RS-7200 (Residential,
Single-Family) Zone site development standards and Public Works street standards.
3. That a final parcel map to record the division of subject property shall be submitted to and approved
by the City of Anaheim, and then be recorded in the Office of the Orange County Recorder.
4. That prior to final parcel map approval, Condition Nos. 1, 2, 6 and 7, herein-mentioned, shall be
complied with.
5. 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.
6. That Variance No. 2002-04529, which was submitted and considered concurrently with this tentative
map, shall be approved.
10/3/02
PAGE 10
7. That in connection with submittal of the Final Map, a dimensioned site plan shall be submitted to the
Zoning Division showing that the existing single-family residence and any accessory structures
which will be retained on Parcel 2 comply with the minimum setback requirements from the new
property line between Parcel 1 and Parcel 2 in accordance with the underlying RS-7200
"Residential, Single-Family' Zone and applicable Building Division codes and standards. Any
buildings or accessory structures that do not comply shall be either removed or upgraded to comply
with said Zoning and Building Division Codes and standards.
10/3/02
PAGE 11
5a. CEQA CATEGORICAL EXEMPTION-CLASS 3 CONCUR W/STAFF
5b. VARIANCE NO.2002-4533 APPROVED- Subj. to
Conditions and Findings.
OWNER: Eric A. Perlman
1771 W. La Palma Avenue 15-dayappeal
Anaheim, CA 92801
AGENT: Brad Knypstra Sr843Tjr.doc
307 East Chapman Project Planner:
Orange, CA 92866 firamirez(a~anaheim.netl
LOCATION: 1771 West La Palma Avenue. Property is 0.15-acre having a QS• ~
frontage of 50 feet on the north side of La Palma Avenue, a maximum depth
of 133 feet, and is located 895 feet west of the centerline of Euclid Street.
Waiver of design and layout of off-street parking areas to construct a new S-
car garage for an existing commercial retail center in the CL (Commercial,
Limited) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2002-35
No one was present in opposition and no correspondence received for this project.
The Zoning Administrator hereby finds the following:
1. That the waiver of design and layout of off-street parking areas is hereby approved on the
basis of special circumstances applicable to the property consisting of its size, location and surroundings,
which do not apply to other identically zoned properties in the vicinity, as well as privileges enjoyed by
other properties under identical zoning classification in the vicinity because other nearby commercial
properties have similar secured areas at the rear of their properties; that subject site is limited in size
relative to other properties in the same zone, and it has no direct vehicular access to La Palma Avenue
and has no side yard setbacks (i.e., the building abuts the side property lines).
2. That granting of this waiver will not be detrimental to the peace, health, safety or general
welfare of the citizens of the City of Anaheim because the proposal will visually improve the subject
property by removing chain-link fencing visible to adjacent residential properties and by providing
additional parking spaces to the benefit of the existing commercial use of subject property.
3. That the proposal will provide secured parking to the rear of the commercial building, which
area is not easily visible from the interior of the building.
Based on the evidence and testimony presented, The Zoning Administrator hereby approves Variance
No.2002-4533, subject to the following conditions:
1. That any proposed roof-mounted equipment shall be subject to the screening requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said information shall be specifically shown on the plans submitted for building permits.
2. 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.
10/3/02
PAGE 12
3. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby residences.
4. That the applicant shall be responsible for maintaining the premises free of litter at all times.
5. That there shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
6. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
7. That the landscape planters shall be.permanently maintained with live and healthy plants; and that all
existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
8. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
9. That, except as approved herein, no required parking area shall be fenced or otherwise enclosed for
storage or other outdoor uses.
10. That no `compact' or 'small car' parking spaces shall be permitted.
11. That a trash storage area shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division. Said storage area shall be designed, located
and screened so as not to be readily identifiable from adjacent streets or highways. Such trash
storage area shall be specifically shown on the plans submitted for building permits.
12. That the legal property owner shall provide a covenant on the property to the City of Anaheim
Planning Department, specifying that the three (3) car enclosed garage in connection with the
existing commercial building on the property shall be permanently utilized for enclosed parking
purposes only. Said covenant shall be in a form satisfactory to the City Attorney and shall be
recorded with the Office of the Orange County Recorder.
13. That all building, plumbing, electrical, mechanical and/or other necessary permits for the garage
addition shall be obtained from the Building Division.
14. That the 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, 2 and 3, and as conditioned herein.
15. 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, 11 and 12, 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.
16. 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.
10/3/02
PAGE 13
6a. CEQA CATEGORICAL EXEMPTION-CLASS 3
6b. WAIVER OF CODE REQUIREMENT
6b. CONDITIONAL USE PERMIT N0.2002-04598
OWNER: Miguel N. Perez and Francisco Perez
1629 E. Crestlane Ave.
Anaheim, CA 92805
LOCATION: 1629 East Crestlane Avenue. Property is 0.15-acre having a
frontage of 60 feet on the north side of East Crestlane Avenue, having a
maximum depth of 105 feet and is located 136 feet west of the centerline of
Baxter Street
To permit and retain an existing 55-foot high ground-mounted amateur-
operated radio transmitting tower and antenna in conjunction with asingle-
family residence in the RS-7200 (Residential, Single-Family) Zone with
waivers of maximum structural height (45 feet allowed; 55 feet proposed)
and minimum distance from a neighboring residential structure (55 feet
required; 35 feet proposed).
ZONING ADMINISTRATOR DECISION NO.
Continued to Oct. 31,
2002.
15-day appeal
Sr 8435jr .doc
Project Planner:
(iramirez aC~.anaheim.net)
Qs. 101
Opposition or concerns: Letter was received in opposition
10/3/02
PAGE 14
7a. CEQA CATEGORICAL EXEMPTION-CLASS 1
7b. WAIVER OF CODE REQUIREMENT
7b. CONDITIONAL USE PERMIT NO. 3234
(TRACKING NO. CUP 2002-04609)
OWNER: AMANA CORPORATION
8383 Wilshire Boulevard, Suite 532
Beverly Hills, CA 90211
AGENT: THAI HOUSE
Surapon Thunyatakula
5624 E. La Palma Avenue, Unit C
Anaheim, CA 92807
LOCATION: 5624 East La Palma Avenue. Unit C. Property is 3.2-acre
located south and west of the southwest corner of La Palma Avenue and
Imperial Highway.
To permit the expansion of an existing restaurant with sales of alcoholic
beverages for on-premises consumption within an existing commercial retail
center in the SP94-1, D.A. 5 (Northeast Area Specific Plan, Commercial
Area) Zone with waiver of minimum number of parking spaces.
ZONING ADMINISTRATOR DECISION NO. ZA2002-36
Concur w/Staff
Approved
Approved
15-day appeal
Sr8446kb .doc
Project Planner:
Ikbass(a.anaheim.vet)
QS. 184
OPPOSITION:.-No one indicated their presence at the public hearing in opposition to the proposal and no
correspondence in opposition was received.
REQUEST: Revised plans (labeled Revision No. 1 of Exhibit Nos. 1 and 2) have been submitted to
expand an existing restaurant with sale of alcoholic beverages for on-premises consumption within an
existing commercial retail center and to amend the following waiver:
BACKGROUND: On February 15, 1990, the Zoning Administrator, by Decision No. ZA 90-09, approved
Conditional Use Permit No. 3234 to permit on-sale alcoholic beverages in a proposed restaurant with
waiver of minimum number of parking spaces (397 spaces required, 392 spaces proposed); and the
conditions of approval include that the property be developed substantially in accordance with Exhibit
Nos. 1 and 2.
EXISTING DEVELOPMENT: The property is developed with a commercial retail center including subject
restaurant at 5624 East La Palma Avenue, Unit C; the zoning is Development Area 5 (Commercial Area)
of the Northeast Area Specific Plan (SP 94-1) within the Scenic Corridor Zone Overlay; and the General
Plan Land Use Designation is General Commercial.
The Zoning Administrator hereby finds the following:
1. That the waiver of minimum number of parking spaces, as amended, is hereby approved
on the basis that a parking analysis was submitted, and concurred with by the City Traffic and
Transportation Manager, determining that there is sufficient parking on the premises for the requested
restaurant expansion.
2. That the parking study indicates that the peak parking demand for off-street parking
spaces is substantially lower than the number of parking spaces provided for the existing site.
10/3/02
PAGE 15
3. That the proposed restaurant expansion will not increase or compete for on-street
parking because the commercial center's parking lot has more than adequate parking to accommodate
the shopping center's peak parking demand.
4. That the restaurant's parking lot is physically separated from other adjacent private
property and development, and there is no reason for patrons to encroach into other parking facilities
because the center provides ample parking.
5. That the proposed restaurant expansion will not increase traffic congestion within the off-
street parking areas or lots because at present parking spaces for the center is less than 50% occupied
during the peak parking period during noon hours week days.
6. That the commercial center is physically separated from the adjacent private properties
and, therefore, there will be no impeding of traffic access into or out of adjacent properties."
7. That the restaurant with sale of alcoholic beverages for on-premises consumption, as
proposed to be expanded, is a conditionally permitted use in Development Area 5 of the Northeast Area
Specific Plan.
8. That the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located; that the Anaheim Police
Department has indicated that although the restaurant is located in Reporting District 1239, which has a
crime rate 22 percent above the City average, there was only one disturbance and three burglary alarms
with no police reports taken for this location; and that, therefore, the Police Department recommends
approval of this request.
9. That the size and shape of the site for the use, as amended, 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.
10. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to cany the traffic in the area.
11. That amending this Conditional Use Permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
Based on the evidence and testimony presented to me, I do hereby amend Decision No. 90-09, adopted
in connection with Conditional Use Permit No. 3234, to approve the proposed expansion of the existing
restaurant with sale of alcoholic beverages for on-premises consumption and with waiver of minimum
number of parking spaces; and, further, that the conditions of approval are amended in their entirety to
read as follows:
1. 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.
2. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic
Beverage Control and approved by the City of Anaheim.
3. That food service with a full meal shall be available 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 pool tables maintained upon the premises at any time.
10/3/02
PAGE 16
5. That subject alcoholic beverage license shall not be exchanged fora 'public premises' (bar) type
license nor shall the establishment be operated as a 'public premise' as defined in Section 23039
of the California Business and Professions Code.
6. That the sale of alcoholic beverages 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 alcoholic beverages and other items. These
records shall be made available, subject to audit and, when requested, subject to 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.
8. That the sales of alcoholic beverages 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 sales, service and consumption of alcoholic beverages shall be permitted only between
the following hours:
Monday -Thursday and Saturday: 11 a.m. to 3 p.m. and 5 p.m. to 9:30 p.m.
Friday: 11 a.m. to 3 p.m. and 5 p.m. to 10 p.m.
Sunday (evening only): 4 p.m. to 9 p.m.
12. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the windows of nearby businesses.
13. 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.
14. That all doors serving subject restaurant shall 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.
15. ,That there shall be no public telephones on the premises located outside the building.
16. That due to the change in use and/or occupancy of the building, plans shall be submitted to the
Building Division showing compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by
the City of Anaheim. The appropriate permits shall be obtained for any necessary work.
17. That the owner of subject property shall be responsible for the removal of any on-site graffiti
within twenty four (24) hours of its application.
18. That the proposal shall comply with all signing requirements of Development Area 5 (Commercial
Area) of the Northeast Area Specific Plan (SP 94-1) and the Scenic Corridor Zone Overlay unless
a variance allowing sign waivers is approved by the Planning Commission or City Council.
10/3102
PAGE 17
19. 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 letter 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 letter, shall be deemed a violation of the expressed conditions imposed
upon said waiver which shall subject this permit to termination or modification pursuant to the
provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
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 Revision No. 1 of Exhibit Nos. 1 and 2; and as conditioned
herein.
21. That prior to commencement of the activity herein approved or within a period of one (1) year
from the date of this decision, whichever occurs first, Condition Nos. 16 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. Further, if
an extension of time is requested for the alcohol sales portion of this request, 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.
10/3/02
PAGE 18
8. ITEMS OF PUBLIC INTEREST: NON E
10/3/02
PAGE 19