Minutes-ZA 2002/12/12
ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, DECEMBER 12, 2002 9:30 A.M.
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
ZA121202.doc
Present
Annika Santalahti, Zoning Administrator
Moses Johnson, Deputy City Attorney
Melanie Adams, Associate Engineer
David See, Senior Planner
Patricia Koral, Senior Word Processor
1a. ADMINISTRATIVE ADJUSTMENT N0.2002-00231
OWNER: Angelica Mejia
1744 West Catherine Drive
Anaheim, CA 92801
LOCATION: 1740-1744 West Catherine Drive. Property is 0.21-
acre having a frontage of 60 feet on the south side of Catherine Drive and is
located 98 feet east of from the centerline of Mohican Avenue.
Waiver of maximum fence height (6-feet high permitted; 7.5-feet high
proposed) to construct a 7.5-foot high perimeter block wall along the side "
property line of an existing multiple family development in the RM-1200
(Residential, Multiple Family) Zone.
ZONING ADMINISTRATOR DECISION NO. 0
Appeal period ended at 5:00 p.m. on Wednesday, December 11, 2002
Continued to January 9,
2003.
15 day appeal
sr8498na.doc
Project Planner:
(nalvarado(a~anaheim. net)
QS. 45
,~
This item was continued so that the neighbor in opposition could attend the meeting.
12/12/02
Page 1
PUBLIC HEARING ITEMS:
2a. CEQA CATEGORICAL EXEMPTION-CLASS 3 Request for Continuance to
2b. VARIANCE NO.2002-04544 ~ Feb. 6, 2003.
OWNER: Pointe Premier a Delaware LLC
10565 Civic Center Drive
Rancho Cucamonga, CA 91730 15 day appeal
AGENT: Kent Wu .
Kent C. Wu Architect srsso2~n.aoc
1274 E. Center Court Drive, #211
Covina, CA 91724 Project Planner:
IvnorwoodCa)ana heim.net)
LOCATION: 1127 8 1137 Pointe Premier. Property is 5.8-acre property Qs 287
having a frontage of 233 feet on the west side of Pointe Premier, a maximum
depth of 791 feet and is located 287 feet south of the centerline of Avenida
De Santiago.
Waiver of maximum structural height (35-feet permitted; 45-feet proposed) to
permit the construction of a new three-story, single-family residence in the
RS-HS-22,000 (SC)(Residential, Single-Family Hillside; Scenic Corridor
Overlay) Zone.
ZONING ADMINISTRATOR DECISION NO. 0
Opposition: There was one neighbor in opposition of the 35-ft. height waiver, Dave Blunk,1200
Pointe Premier, Anaheim, CA 92807.
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Page 2
3a. CEQA CATEGORICAL EXEMPTION-CLASS 1
3b. WAIVER OF CODE REQUIREMENT
3b. CONDITIONAL USE PERMIT NO.2002-04636
OWNER: Bel Air Enterprises
1205 E. Chapman Avenue
Orange, CA 92866
Woon Sook Chung
1300 Quail Street, Ste. #108
Newport Beach, CA 92660
AGENT: Sue Flanagan
Flanagan Law Offices
1300 Quail Street, #108
Newport Beach, CA 92660
'Concur with Staff Report.
'Approved
'Approved
15-day appeal
Combining condition nos. 2
and 10.
Sr8499jr .doc
Project Planner:
tiramirez(a~anaheim.net)
as. 12
LOCATION: 2871-2897 West Lincoln Avenue. Property is 1.5-acre
property is located at the northeast corner of Bel Air Street and Lincoln
Avenue.
To permit on-premise sale and consumption of beer and wine in conjunction
with a proposed restaurant in the CL (Commercial, Limited) Zone with waiver
of minimum number of parking spaces (100 required; 76 existing).
ZONING ADMINISTRATOR DECISION NO. ZA2002-45
OPPOSITION: No opposition.
The Zoning Administrator hereby finds the following:
1. That the parking waiver is hereby approved on the basis that a parking study was submitted
by the petitioner, and concurred with by the City Traffic and Transportation Manager, determining that
there is sufficient parking on the premises for the proposed restaurant; and that~the parking study
indicates that the peak parking demand for off-street parking spaces is substantially lower than the
number of spaces provided on this commercial site.
2. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces
to be provided for the proposed 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
said use.
3. 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.
4. That the 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 because
this commercial center's parking lot has more than adequate parking to accommodate the center's peak
parking demand; and that the proposed restaurant's parking lot is physically separated from other
adjacent private property and development, and there is no reason for restaurant patrons to encroach
upon other parking facilities because of the ample parking at this commercial center.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use because the current parking spaces in the center are
62% occupied during the peak parking period during evening hours on week days and weekends.
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Page 3
6. 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 because
this commercial center is physically separated from adjacent private properties.;
7. That the size and shape of the site for the proposed use 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 that the proposed restaurant is located in an existing commercial center that has been in
operation for 21 years.
8. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
9. That granting 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; that
the Anaheim Police Department submitted a memorandum indicating that the proposed restaurant is
located in Reporting District 1616 which has a crime rate 19% above the City average, but that from
September 2001 to September 2002, there were no calls for service at this location; and that this location
is in Census Tract 868.03 with a population of 7,284 persons and said population allows for 8 on-sale
licenses and there are currently 6 on-sale licenses in the Census Tract, and approval of this request will
increase the number of license by one, which will not result in an over concentration of licenses in the
Census Tract.
10. That the proposed restaurant, as conditioned herein, will not adversely affect adjoining land
uses and the growth and development in the surrounding area because the proposal is located in an
existing commercial center and will operate in a manner consistent with other existing businesses in the
area.
Based on the evidence and testimony presented, the Zoning Administrator hereby approves Conditional
Use Permit No. 2002-04636,,subject to the following conditions:
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 subject beer and wine 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.
5. 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, subject to audit and, when requested, for inspection by any City of
Anaheim official during reasonable business hours.
6. That there shall be no live entertainment, amplified music or dancing permitted on the premises at
any time without issuance of proper permits as required by the Anaheim Municipal Code.
7. That the sale of beer and wine for consumption off the premises shall be prohibited.
8. 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 beer and .wine.
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Page 4
9. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding properties.
10. That sales, service and consumption of beer and wine shall be permitted during the following
hours: -
Sunday through Thursday: 10 a.m. to 10 p.m.
Friday and Saturday: 10 a.m. to 11 p.m.
11. 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.
12. 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.
13. 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.
14. That all exterior doors shall have adequate security hardware, and a peephole or similar viewing
device be installed in the doors along the north side of the tenant space.
15. That there shall be no public telephones on the property within the control of the applicant that
are located outside the building.
16. That the portion of this conditional use permit regarding the sale of beer and wine shall expire one
(1) year from the date of this approval unless a valid license has been issued by the California
Department of Alcoholic Beverage Control
17. That all air conditioning facilities and other roof and ground mounted mechanical equipment shall
be properly shielded from view. Such information shall be specifically shown on the plans
submitted for building permits.
18. That plans for the restaurant 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.
19. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural devices and/or appropriate building materials; and that such
information shall be specifically shown on the plans submitted for building permits.
20. That the abandoned monument sign base located at the southwest corner of subject property
shall be removed and the landscaping area shall be repaired.
21. That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division of the City of Anaheim Finance Department.
22. That granting of the parking waiver is contingent upon operation of the approved 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.
12/12/02
Page 5
v
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 permit to termination or
modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim
Municipal Code.
23. 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.
24. 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. 17, 18 and 19,
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 `beer and wine' sales portion of this conditional use
permit, such request shall be considered at a noticed public hearing.
25. That prior to final building and zoning inspections, Condition Nos. 11, 14, 15, 20 and 23, above-
mentioned, shall be complied with.
26. 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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Page 6
4a. CEQA CATEGORICAL EXEMPTION-CLASS 1
4b. VARIANCE N0.2002-04545 'Concur with Staff Report.
4c. TENTATIVE PARCEL MAP NO. 1996-188 'Approved based on findings
in the Staff Report.
'Approved.
OWNER: A M Realty Co.
1516 N. Fairfax Avenue
Los Angeles, CA 90046 15-day appeal(VAR)
10-day appeal(TPM)
AGENT: Calvada Surveying, INC.
108 Business Center Drive
Corona, CA 92880
LOCATION: 2607-2617 Woodland Drive. Property is 3.7-acre located north Sr 8489av.doc
of the intersection of Knollwood Circle and Woodland Drive, with a frontage of Project Planner:
87 feet on the northeast side of Knollwood Circle and located 769 feet (avazauez(a~anaheim.com)
northwest of the centerline of Woodland Drive (2607-2617 Woodland Drive)'.
Qs 17
Waiver of required lot frontage on a public or private street to establish a S-
lot industrial subdivision in the ML (Limited Industrial Zone).
ZONING ADMINISTRATOR DECISION NO. ZA2002-46 - Var
ZA2002-47 - TPM
Opposition: No opposition.
VAR Decision:
The Zoning Administrator hereby finds the following:
1. That the waiver of required lot frontage on a public or private street is hereby approved on the
basis that strict application of the Zoning Code would deprive the property of privileges enjoyed by similar
industrially zoned properties in the area.
2. That there are special circumstances applicable to this property consisting of its large size
and shape, including a 'panhandle' that provides vehicle access to Knollwood Circle, a public street; and
that appropriate vehicle access to the 'landlocked' parcel (Parcel 2) will be provided via a private access
easement.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2002-04545, subject to the following conditions:
1. 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.
2. That approval of this variance is subject to approval of tentative Parcel Map No. 1996-188
(considered concurrently with this variance), and recordation of a final map in connection with said
parcel map.
3. 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
12/12/02
Page 7
~~
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..
TP Decision:
The Zoning Administrator hereby finds the following:
1. That the subject property is developed with three warehouse buildings; that the total number
of parking spaces on the three proposed parcels complies with Zoning Code requirements for the existing
buildings and uses; and that no new construction is planned in connection with the proposed subdivision.
2. That the proposed subdivision is consistent with the Anaheim General Plan, including the
General Industrial land use designation shown on the Land Use Element.
3. That the design or improvement of the proposed subdivision is consistent with the Anaheim
General Plan.
4. That the site is physically suitable for the type of development and fo'r the proposed density of
development; and that the size and shape of the property is adequate to ensurethat the proposed
parcels conform to the development standards of the underlying ML (Limited Industrial) zone.
5. That the design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat
because the subject property is developed with three warehouse buildings and no new construction is
proposed in connection with the proposed subdivision.
6. That the design of the subdivision and the type of improvements are'not likely to cause
serious public health problems; and that the proposed subdivision will not have an adverse impact on
surrounding and nearby industrial land uses.
7. That the design of the subdivision and the type of improvements will hot conflict with
easements, acquired by the public at large, for access through or use of property within the proposed
subdivision.
Based on the evidence and testimony presented, the Zoning Administrator hereby approved Tentative.
Parcel Map No. 1996-188, subject to the following conditions:
1. That a final map shall be submitted to and approved by the City of Anaheim and the Orange County
Surveyor and then recorded in the Office of the Orange County Recorder.
2. That an unsubordinated restrictive covenant providing reciprocal access and parking, in a form
satisfactory to the City Attorney, shall be submitted to the City Traffic and Transportation Manager
and the Zoning Division for review and approval. The approved covenant shall then be recorded with
the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the
Zoning Division. Additionally, provisions shall be made in the covenant to guarantee that this entire
3.7 acre industrial complex shall be managed and maintained as one (1) integral parcel for purposes
of parking, easements, vehicular circulation, signage, maintenance, land usage and architectural
control; and that the covenant shall be referenced in all deeds transferring all or any part of the
interest in the property.
3. That the developer shall submit a water quality management plan ("WQMP") specifically identifying
best management practices that will be used on-site to control predictable pollutants from storm water
runoff. The WQMP shall be submitted to the Public Works Department, Development Services
Division, for review and approval.
I
12/12/02
Page 8
4. That a reciprocal access agreement and common drainage, in a form approved by the City Attorney's
Office and Development Services Division of the Public Works Department, shall be recorded
concurrently with the final parcel map.
5. That the parcels shall be designated as Parcel Nos. 1, 2 and 3 on the final parcel map.
6. That prior to final parcel map approval, Condition Nos. 2, 3, 4, 5 and 8, herein-mentioned, shall be
complied with.
7. 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.
8. That Variance No. 2002-04545, processed concurrently with this tentative map, shall be approved.
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5. Items of Public Interest: NONE
There will be no meeting for December 26, 2002, and
The next meeting will be held on January 9, 2003.
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