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Minutes-ZA 2005/10/27 ANAHEIM ZONING ADMINISTRATOR ACTION AGENDA THURSDAY, OCTOBER 27, 2005 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California STAFF PRESENT:'' Annika Santalahti, Zoning Administrator Mark Gordon, Deputy City Attorney Michele Irwin, Senior Police Svcs. Representative Alfred Yalda, Principal Transportatior- Planner James Ling, Principal Civil Engineer David See, Senior Planner Della Herrick, Associate Planner Pat Chandler, Senior Secretary AGENDA POSTING: A complete copy of the Zoning Administrator Agenda was posted at 7:27 a.m. on Friday, October 21, 2005 inside the display case located in the foyer of the: Council Chambers, and also in the outside display kiosk. PUBLISHED: Anaheim Bulletin Newspaper on Thursday, October 6, 2005. PUBLIC HEARING ITEMS PUBLIC COMMENTS ADJOURNMENT H:\docs\zoningadmin\agendas\acza102705.doc zoninpadmini October 27, 2005 • ZONING ADMINISTRATOR ACTION AGENDA REPORTS AND RECOMMENDATIONS: 1a. ADMINISTRATIVE ADJUSTMENT NO. 2005-00278 OWNER: Basil Totah 1340 S. Moonstone Street Anaheim, CA 92804 AGENT: Fred Herzog 4351 E. Alderdale Avenue Anaheim, CA 92807 LOCATION: 1340 South Moonstone Street: Property is approximately 0.14 acre, located 347 feet south of the centerline of Myra Avenue, with a frontage of 62 feet on the east side of Moonstone Street, a maximum depth of 103 feet. Waiver of minimum side yard setback (5 feet required; 4 feet proposed) to construct a garage and rear yard addition to an existing single-family home in the RS-2 (Single-Family Residential) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2005-22 Appeal period ended at 5:00 p.m. on Wednesday, October 26, 2005 Approved Project Planner: (inixonra~anaheim.net ) Q.S. #3 Sradj2005-00278] n. doc Annika Santalahti, Zoning Administrator, introduced the item. David See, Senior Planner, stated a neighbor submitted a letter of opposition prior to the meeting however, that same neighbor sent a second letter rescinding the opposition within the appeal time period, and both letters are maintained in the planning staff files. Fred Herzog, 4351 E. Alderdale Avenue, Anaheim, CA, the designer of the plans, stated the garage needed the extra foot because it would be impossible to make the design look beautiful without the change. Ms. Santalahti asked if the tract was developed in the County of Orange before it was annexed to the City of Anaheim. Mr. Herzog responded the garage infringes on the entryway of the home and makes it really tight and it would not look very beautiful and therefore, they would be at a standstill with the design if they cannot get the issue of the garage approved. Ms. Santalahti approved Administrative Adjustment No. 2005-00278, waiver of minimum side yard setback, subject to the conditions of approval. Page 2 ACZA102705. DOC October 27, 2005 • ZONING ADMINISTRATOR ACTION AGENDA PUBLIC HEARINGS: 2a. CEQA NEGATIVE DECLARATION Concurred with staff 2b. VARIANCE N0.2005-04665 Approved 2c. TENTATIVE PARCEL MAP N0.2005-147 (READVERTISED) Approved (subject to conditions as modified) OWNER: North Anaheim Assoc., LLC Brian Malliet 1945 Placentia Avenue Costa Mesa, CA 92627 AGENT: Greg Cooke DRC 8175 East Kaiser Boulevard Anaheim, CA 92808 LOCATION: 1045 North Kemp Street: Property is 20 acres, with a frontage of 183 feet on the west side of Kemp Street, located 448 feet north of the centerline of La Palma Avenue. VARIANCE N0.2005-04665 - To waive the requirement for a lot to fronton a public or private street. TENTATIVE PARCEL MAP N0.2005-147 (READVERTISED) - To establish a 21-lot, 23-unit industrial subdivision to subdivide an industrial complex. Continued from the September 15, 2005 and September 29, 2005 Zoning Administrator meetings. 15 day appeal period 10 day appeal period VARIANCE DECISION NO. ZA2005-23 TENTATIVE PARCEL MAP DECISION NO. ZA2005-24 Project Planner: (avazquez@anaheim.net) Q.S.70 Annika Santalahti, Zoning Administrator, introduced the item. THE PUBLIC HEARING WAS OPENED. Brian Malliet, the applicant, acknowledged his presence but declined the opportunity to speak. Steve Valdez, 1014 N. Kemp Street, stated the neighborhood has been there for over 100 years and the potential number of people who would be working per unit is unknown, but the one thing that is definite is that it would create a lot of traffic and people are going to get stuck in the 30 foot wide street which is not built to accommodate heavy traffic. He suggests that when Anaheim Boulevard and La Palma Avenue are being designed, the City of Anaheim should take into consideration that there is an a11ey and a railroad spare that has been there for years and therefore some kind of an adjustment could be made through there. Amin David, 1585 W. Broadway, Anaheim, CA, stated that he supports Mr. Valdez's request to give due consideration to their neighborhood. It is already being intruded upon by the business of the trucking company currently there directly in front of their homes and further encroachment would make it a very difficult situation. The neighborhood merits consideration to protect them from any further disturbances. Page 3 ACZA102705. DOC October 27, 2005 ZONING ADMINISTRATOR ACTION AGENDA Ms. Santalahti wished clarification on the reason the address to the project is given on Kemp Street David See, Senior Planner, clarified that the address referred to the Equistar site which has a Kemp Street access and because it involves two parcels, the Essex Electric has a Patt Street address. Therefore, there actually would be two addressees. Ms. Santalahti wished clarification on the legal parcels of record today and asked how such a big chunk of land could be left remaining. James Ling, Principal Civil Engineer, stated currently the property consists of Phase 1 and Phase 2 and the third phase is the remainder parcel which is zoned industrial and will stay industrial unless the applicant chooses to process a zone change or further develop the property. Ms. Santalahti stated concern with the traffic on Kemp Street and how the area has suffered in terms of visibility as a result of the trucking company going in. She stated when the CUP was approved twenty years ago, it was acknowledged that the issue of additional traffic was problematic as well as the fact of the Patt Street closure and all of the other things that happened over time in that area and she is interested in not having the subdivision that is currently before her to ever be allowed to have access to Kemp Street. Mr. Ling stated as a part of one of the meetings with the applicant, he expressed that there would be a physical wall at the south end of phase 2 and that would limit traffic only to Patt Street. Ms. Santalahti stated theoretically the property owners could develop under the industrial zoning by right and do whatever they wanted to and that is why there needed to be a requirement that states an offer dedicating access rights because what is true today may be fine but who is to say would happen in three years. Mark Gordon, City Deputy Attorney, stated that crafting a condition at this time based upon the stated assumptions is a difficult thing to do. Ms. Santalahti stated concern that the vacant southern portion of the property could potentially be developed in the future and the owner could, by right, presumably take access to Kemp Street, especially if something should develop on the frontage of Patt Street as a separate piece. Brian Malliett, the owner of BKM Development Company and the property, stated (1) he owns two 10 acre parcels and one of the 10 acre parcels is a Kemp Street address and only has access to Kemp Street. Therefore, he feels if the suggestion is to limit access to Kemp Street, he is being asked to land lock a 10 acre parcel that only has access to Kemp Street. (2) Currently, there are 10 acres that he could build 180,000 sq. feet of industrial buildings on and have all of the buildings access to Kemp Street by right as a property owner. However, he is trying to do the best thing for the neighborhood, planning staff and the City of Anaheim by turning the parcels another direction to access Patt Street and to build it in a Phase 1 and Phase 2. The reason why there is a Phase 1, Phase 2 and Phase 3 is because the economy will dictate how many buildings he will be able to build. The reason the third phase has not been designed is because there are multiple ideas from the Redevelopment Department wanting to build houses on the site; the City of Anaheim Municipal School District wanting to build a bakery or cooking facility or a 50,000 sq, foot cooking facility so that they can move it out of the location by the triangle. Therefore, he does not understand the confusion in terms of it being stated to limit the property owners rights where he cannot add access to Kemp Street and hence land lock 10 acres of his property. Ms. Santalahti stated what happened on Kemp Street is very unfortunate. It is a business that looks obnoxious across the street from residential on a very small street. Mr. Malliet responded he finds it amazing that there is a document regarding the nuisance of another property owner on his application. Page 4 ACZA102705. DOC • October 27, 2005 • ZONING ADMINISTRATOR ACTION AGENDA Ms. Santalahati stated the document has to do with the entire area and the residents have the right to state concern with his property as well as the trucking property, and staff is required to discuss surrounding land uses. No one else indicated their presence at the meeting regarding this item. THE PUBLIC HEARING WAS CLOSED. Ms. Santalahati approved Variance No. 2005-04665 and Tentative Parcel Map No. 2005-147 subject to the conditions as modified at the meeting. Page 5 ACZA102705.DOC • October 27, 2005 ZONING ADMINISTRATOR ACTION AGENDA 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1 3b. CONDITIONAL USE PERMIT NO. 2005-05032 OWNER: Jose F. Brito 1974 North Sacramento Street Orange, CA 92687 LOCATION: 2159 West Lincoln Avenue: Property is approximately 0.39- acre, located on the northwest corner of Lincoln Avenue and Lindsay Road, with frontages of 101 feet on the north side of Lincoln Avenue and 170 feet on the west side of Lindsay Road and is further described as Brito's Taqueria and Restaurant. Request to permit the sale of beer and wine for on-premise consumption in an existing restaurant with outdoor dining in the C-G (General Commercial) Zone, ZONING ADMINISTRATOR DECISION NO. ZA2005-25 Concurred with staff Denied 15 day appeal period Project Planner: (dherrick@anaheim.net) Q.S. #39 Srcup2005-05032 dh.doc Annika Santalahti introduced the item. THE PUBLIC HEARING WAS OPENED. Jose Fonseca, speaking on behalf of Jose F. Brito of 1974 North Sacramento Street, Orange, CA, stated Mr. Brito has never had the intention and does not want to sale beer outside his business, the sale would only be on the inside. Also, the traffic would not increase because the facility is not going to be enlarged and the capacity of 20 people would still be the same. His plan is to increase their business sales by 25% using the beer and wine as a supplement to the food. No one else indicated their presence at the meeting regarding this item. THE PUBLIC HEARING WAS CLOSED. Ms. Santalahti stated concern that the property is not developed in accordance with the City of Anaheim's current commercial standards and therefore does not have any landscaping. Della Herrick, Associate Planner, stated staff researched all of the buildings permits and could not find anything on file for the outdoor area and only found approval for the roof structure. Ms. Santalahti asked if the building was part of an annexation within the last 25 years. Ms. Herrick responded it possibly could be because there isn't any landscaping; the parking lot is in disrepair; and the adjoining commercial business has the same basic structure. Ms. Santalahti stated it is a big concern with the Police Department when the crime rates are high in an area, and even though the number of licenses may not exceed the number assigned to the district involved the applicant would still have to go through the ABC (Alcoholic Beverage Control) Licensing requirements. Mr. Fonseca stated the crimes mentioned are due to the bar near by. Mr. Brito is a family man and has been in business for 5 years. Also he had a business in the City of Buena Park and has never had any problems with crime. The sale of beer and wine would only be a supplement to the sale of food. Page 6 ACZA102705. DOC • October 27, 2005 • ZONING ADMINISTRATOR ACTION AGENDA Ms. Santalahti stated the sale of beer and wine would be intensification to the land use. Also, the City's standards have changed over the years and therefore, the parking does not comply with code. Michele Irwin, Senior Police Services Representative, stated the building and the entire strip mall is very old in structure. Also, in reference to PCN (public convenience or necessity), a bar is located directly behind the strip mall and another is located directly across the street from the strip mall, so there are several areas to get an alcoholic drink if someone wanted one. The other concern is that it is a walk up window and people are going to walk up to the building, purchase alcohol, and be outside the building with their alcohol. She feels it would be difficult for the employees standing behind the window to tell them to go inside and drink their alcohol and that the employees possibly would not turn people away if they did not purchase food with their alcohol. Additionally, the facility is not up to code for ABC (Alcoholic Beverage Control) and they would not approve the patio {ocation. Ms. Santalahti Concurred with staff on CEQA Categorical Exemption -Class 1, and denied Conditional Use Permit No. 2005-05032 based on the findings listed in the staff report dated October 27, 2005. Page 7 ACZA102705.DOC • October 27, 2005 ZONING ADMINISTRATOR ACTION AGENDA 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. CONDITIONAL USE PERMIT N0.2005-05033 OWNER: Jagjit Singh 1178 North Osprey Circle Anaheim, CA 92807 AGENT: Jose Brito 1974 North Sacramento Street Orange, CA 92687 LOCATION: 1504 South Euclid Street: Property is approximately 0.4-acre, located at the southeast corner of Euclid Street and Cerritos Avenue, with frontages of 117 feet on the east side of Euclid Street and 157 feet on the south side of Cerritos Avenue and is further described as Brito's Taqueria and Restaurant. Request to permit the on-premises sale and consumption of beer and wine at an existing restaurant with outdoor dining in the C-G (Commercial General) Zone. ZONING ADMINISTRATOR DECISION NO. Withdrawn 15 day appeal period Project Planner: (akvazquez@anaheim.net) Q.S. #57 Srcup2005-05033 av.doc Page 8 ACZA102705.DOC • October 27, 2005 ZONING ADMINISTRATOR ACTION AGENDA 5a. CEQA NEGATIVE DECLARATION 5b. VARIANCE NO. 2005-04666 OWNER: NNRSV II, LLC 21580 Yorba Linda Boulevard #202 Yorba Linda, CA 92887 AGENT: GPA, INC. David Glassman 1309 Post Avenue Torrance, CA 90501 LOCATION: 8245 and 8295 East Monte Vista Road: Property is approximately 1.74 acres, bounded by Weir Canyon Road, Monte Vista Road and Old Springs Road, with frontages of 500 feet on the north side of Monte Vista Road and 170 feet on the east side of Old Springs Road. Request waiver of minimum number of required parking spaces to establish a new coffee shop within apreviously-approved commercial retail center. This item trailed Item No. 6. ZONING ADMINISTRATOR DECISION NO. ZA2005-26 Concurred with staff Approved (added conditions) 15 day appeal period Project Planner: (jpramirez@anaheim. net) Q.S. #219 Srvar2005-04666jr.doc Annika Santalahti introduced the item, THE PUBLIC HEARING WAS OPENED. Keith Glassman, on behalf of Starbucks Coffee, stated he was present to accept the recommendations, and also the Traffic Safety Engineer, Mr. Lye, was present with him to answer questions should there be any. Ms. Santalahti stated that there was no zoning history available and asked if any other variances had been approved on the property. David See, Senior Planner, responded CUP No. 2004-04838 is for the commercial center and there was not a parking waiver and should remain in effect; CUP No. 3262 is for the car wash and should remain in effect; CUP No. 2541 was for an office complex with a hotel, etc., and should be terminated; and Variance No. 4112 was for a signage program that is no longer applicable and should be terminated. No one else indicated their presence at the meeting regarding this item. THE PUBLIC HEARING WAS CLOSED. Ms. Santalahti concurred with staff on CEQA Negative Declaration and approved Variance No. 2005- 04666, subject to the conditions of approval in the staff report dated October 27, 2005, with additional conditions. Page 9 ACZA102705.DOC October 27, 2005 ZONING ADMINISTRATOR ACTION AGENDA 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Withdrawn 6b. VARIANCE NO. 2005-04662 OWNER: Louis Nguyen 614 Hazel Street Glendale, CA 91201 AGENT: Carolyn Wells Sign AFX 828 West Vermont Avenue #F Anaheim, CA 92805 LOCATION: 1720 West Ball Road: Property is approximately 0.64-acre, having a frontage of 150 feet on the south side of Ball Road, located 260 feet west of the centerline of Euclid Street and is further described as Anaheim Medical Center. Waiver of permitted size, number and location of wall signs for a medical office complex in the C-G (General Commercial) Zone. 15 day appeal period Continued from the September 1, 2005, September 15, 2005, September 29, 2005 and October 13, 2005 Zoning Administrator meetings. Project Planner: Kimberly Wong This item was heard before Item No. 5. (kwong2@ananeim.net) Q.S. 49 S rva r2005-04662k Iw. doc ZONING ADMINISTRATOR DECISION NO. 7. ITEMS OF PUBLIC INTEREST: None Page 10 ACZA102705.DOC