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Minutes-ZA 2006/12/07• • ANAH E I M ZONING ADMINISTRATOR ACTION AGENDA THURSDAY, DECEMBER 7, 2006 9:30 A.M. Plan-Check Conference Room, City Hall East 200 South Anaheim Boulevard, Anaheim, California STAFF PRESENT: William Sell, Acting Zoning Administrator David See, Senior Planner Mark Gordon, Deputy City Attorney Sandie Budhia, Associate Engineer Della Herrick; Associate Planner Jessica Nixon; Assistant Planner Pat Chandler,' Senior Secretary. AGENDA POSTING: A complete copy of the Zoning Administrator Agenda was posted at 4:00 p.m. on December 1, 2006 inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk.. PUBLIC HEARING ITEMS PUBLIC COMMENTS ADJOURNMENT H:\docs\zonin admin\a endas\acza120706.doc zonin administratorC~anaheim.net DECEMBER 7, 2006 • ZONING ADMINISTRATOR ACTION AGENDA 1. ITEMS OF PUBLIC INTEREST: None REPORTS & RECOMMENDATIONS: 2a. ADMINISTRATIVE ADJUSTMENT N0.2006-00298 Approved OWNER: Arthur J. Goodwin 4861 Copa De Oro Drive Anaheim, CA 92807 15 day appeal period AGENT: Miles Folsom 3365 East Miraloma #207 Anaheim, CA 92806 LOCATION: 4861 East Coga De Oro Drive: Property is approximately 0.7-acre, having a frontage of 148 feet on the north side of Copa de Oro Drive, a maximum depth of 245 feet, located 270 feet north of the centerline of Nohl Ranch Road. Waiver of minimum rear yard setback (25 feet required; 21 feet 10 inches proposed) to construct atwo-story addition to the rear of an existing single- family residence. Continued from the November 22, 2006 Zoning Administrator meeting. ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-33 Appeal period ended at 5:00 p.m. on Wednesday, December 6, 2006 Project Planner: (kwong2 ~ anahei m. net) Sradj2006-00298kw.doc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 2. THE PUBLIC HEARING WAS OPENED. No one else wished to speak and no opposition was received regarding this item. THE PUBLIC HEARING WAS CLOSED. Mr. Sell concurred with staff's recommendations and approved Administrative Adjustment No. 2006- 00298for waiver of minimum rear yard setback (25 feet required; 21 feet 10 inches proposed} to construct a two-story addition to the rear of an existing single-family residence. He stated the decision would be written and signed no later than 7 days from the date of the meeting and would be final after the appeal period expires 15 days following the date of the decision. Page 2 ACZA120706. DOC • DECEMBER 7, 2006 • ZONING ADMINISTRATOR ACTION AGENDA 3a. ADMINISTRATIVE ADJUSTMENT NO.2006-00299 Approved OWNER: Target Corporation 215 South Euclid Street Anaheim, CA 92801 15 day appeal period Brandywine Homes 16580 Aston Irvine, CA 92606 Attention: Brett Whitehead AGENT: Greenberg Farrow Architects 1920 Main Street #1150 Irvine, CA 92614 Attention: Doug Couper LOCATION: 101 South Euclid Street -Target: Property is approximately 10.4 acres and is located at the southwest corner of Euclid Street and Lincoln Avenue, having frontages of 740 feet on the west side of Euclid Street and 620 feet on the south side of Lincoln Avenue. Waivers of: (a) maximum structural height adjacent to asingle-family residential zone (20 feet required; 22 feet proposed, and (b) minimum number of parking spaces (625 required; 562 provided). ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-34 Appeal period ended at 5:00 p.m. on Wednesday, December 6, 2006. Project Planner: (kwong2 ~ anaheim.net) Sradj2006-00299kw.doc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 3. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Doug Couper -Greenberg Farrow, 1920 Main Street, Suite 1150, Irvine, CA, stated he was present on behalf of Target Corporation and available to answer questions. No one else wished to speak and no opposition was received regarding this item. THE PUBLIC HEARING WAS CLOSED. Mr. Sell concurred with staff's recommendations and approved Administrative Adjustment No. 2006- 00299 for waivers of: (a) maximum structural height adjacent to asingle-family residential zone (20 feet Page 3 ACZA120706. DOC • DECEMBER 7, 2006 • ZONING ADMINISTRATOR ACTION AGENDA required; 22 feet proposed, and (b) minimum number of parking spaces (625 required; 562 provided), by adopting the attached resolution including the findings and conditions contained therein. He stated the decision would be written and signed no later than 7 days from the date of the meeting and would be final after the appeal period expires 15 days following the date of the decision. Page 4 ACZA120706. DOC • DECEMBER 7, 2006 • ZONING ADMINISTRATOR ACTION AGENDA PUBLIC HEARINGS: 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. VARIANCE NO 2006-04710 OWNER: Iqbal Bashir 461 South Mohler Drive Anaheim, CA 92803 LOCATION: 461 South Mohler Drive: Property is approximately 0.72- acre, having a frontage of 102 feet on the west side of Mohler Drive, a maximum depth of 313 feet, located 405 feet north of the centerline of Via Vista. Waiver of minimum side yard setback (15 feet permitted; 6 feet, 6 inches proposed) to construct atwo-story addition to an existing single-family residence. ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-35 Concurred with staff Approved 15 day appeal period Project Planner: (jnixon ~ anaheim. net) S rvar2006-04710jn.doc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 4. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Iqbal Bashir, 461 South Mohler Drive, Anaheim Hills, CA, stated that he spoke with the neighbors of the property regarding his request for a side variance and they are okay with the request. Sarah Swenson, 471 South Mohler Drive, Anaheim Hills, CA, stated since the request would have a minimum impact on their property they do not foresee a problem but they are present today because the notification mailed out stated a 2-story addition to an existing single-family resident and they believe that would be rather high. However, after speaking further they have been informed that it is an error and rather it is a one-story to add to an existing 2-story house. Phil Joujon Roche, 450 Rio Vista, Anaheim Hills, CA, President of the Santa Ana Canyon Property Owners Association, stated one member wrote a letter of concern addressed to the Planning Department and he read it into the records. Furthermore, he stated he shares the concern regarding height and that the neighborhood has a lot of older homes that are single story, ranch style that were built in the i950's - 1970's and the newer homes are 2-story or 2-story plus and they would like to see things contained within the 25 feet height limitation. Additionally he stated concern regarding the setbacks, stating the applicant already has a big house and is making it even bigger, (7/10 of an acre). Mr. Bashir stated before they filed the case they did apre-file with the City and his understanding is that everything is within code. Page 5 ACZA120706.DOC • DECEMBER 7, 2006 • ZONING ADMINISTRATOR ACTION AGENDA Ms. Swensson asked if there would be any construction activity on their side of the property. Mr. See responded yes, there would be construction activity on their side of the property but it meets the City's requirement and the waiver requested is on the opposite side. Ms. Swensson stated the applicant's property adjacent to their property is really close and they are concerned that if an additional air conditioner unit is added to the existing air conditioner unit which is very noisy, it would compound the noise and further conflict with their outdoor activities. Mr. Sell stated the City has new building code standards for noise and the applicant has to meet those standards in order to have additional work performed in that area. THE PUBLIC HEARING WAS CLOSED. Mr. Sell referred to the applicant and asked in reference to his neighbors if when he talked to the neighbors he actually explained to them how close he was going to come to the corner of their house. Mr. Bashir responded yes, he gave them a complete set of plans and showed them how far the house would be. They reviewed the plans with him and stated they are perfectly fine with the plans and that if anybody should have any questions they have permission to call them. Additionally, Mr. Bashir stated he and his neighbors plan to work together on the landscaping. Mr. See stated regarding the discussion about the 2-story and the height issue, he would like to clarify that it was advertised as a 2-story and has a 2-story appearance but is actually aone-story that is very high. The windows are placed up high to provide light but it is actually a 1-story with a high ceiling. Also, a portion of the roof exceeds the height limitation but the City Code permits a minor deviation of 10%. For example, the height limitation is 25 feet and a small portion would exceed it by a 4 feet deviation which is a 3% encroachment. The allowable encroachment is 10%. Mr. Sell concurred with staff's recommendations and approved CEQA Categorical Exemption, Section 15301, Class 1 (Existing Facilities) and Variance No. 2006-04710 for waiver of minimum side yard setback to construct aone-story addition to an existing two-story residence, by adopting the attached resolution including the findings and conditions contained herein. Page 6 ACZA120706. DOC • DECEMBER 7, 2006 • ZONING ADMINISTRATOR ACTION AGENDA 5a. CEQA CATEGORICAL EXEMPTION -CLASS 15: I Withdrawn 5b. TENTATIVE PARCEL MAP NO.2006-238: 10 day appeal period OWNER: Neutron Plating, Inc. Manuel Zavala 2993 E. Blue Star Street Anaheim, CA 92806-2511 AGENT: Apex Land Surveying, Inc. 8512 Oxley Circle Huntington Beach, CA 92646 LOCATION: 2983-2993 East Blue Star Street: Property is approximately 1.28 acres, having a frontage of 178 feet on the north side of the terminus of Blue Star Street, located 402 feet east of the centerline of Red Gum Street. Request to establish a 2-lot industrial subdivision. Project Planner: (dherrick ~ anaheim.net) Continued from the October 12, 2006 and November 9, 2006 Zoning Srsubtpm2006-238dh.doc Administrator meetings. ZONING ADMINISTRATOR EXCERPT NO. William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 5 and stated as noted in the staff report the applicant worked with the Building Department and determined they are unable to fulfill the City Code requirements and therefore elected to withdraw their application. THE PUBLIC HEARING WAS OPENED. No one else wished to speak and no opposition was received regarding this item. THE PUBLIC HEARING WAS CLOSED. Mr. Sell concurred with staff's recommendation and accepted the request for withdrawal of CEQA Categorical Exemption -Class 15 and Tentative Parcel Map No. 15 to establish a 2-lot industrial subdivision for an existing industrial complex. Page 7 ACZA120706.DOC • DECEMBER 7, 2006 • ZONING ADMINISTRATOR ACTION AGENDA 6a. CEQA CATEGORICAL EXEMPTION -CLASS 15: 6b. TENTATIVE PARCEL MAP NO. 2006-279: Concurred with staff Approved OWNER: Lonesome Cove, LLC 806 East Avenida Pico San Clemente, CA 92673 10 day appeal period AGENT: Joseph G. Truxaw 265 South Anita Drive #111 Orange, CA 92868 LOCATION: 1721-1759 Claudina WaY: Property is approximately 2.26 acres, having a frontage of 325 feet on the north side of Anaheim Way, and is located on the northwest corner of Anaheim Way and Claudina Way, 384 feet on the west side of Claudina Way. Request to establish a 1-lot, industrial airspace condominium subdivision. ZONING ADMINISTRATOR EXCERPT NO. ZA2006-279 Project Planner: (dherrick ~ anaheim. net) S rsubtpm2006-279dh. doc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 6. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Tracy W. Ellis, 806 East Avenue Pico S-I, #251, San Clemente, CA, stated he is present to answer any questions. Craig Lee, Engineer of Truxaw & Associates, 265, S. Anita Drive, Suite 111, Orange, CA, stated regarding the last sentence of Condition No. 4, they would like to insert the wording, "or bonded prior to the final map approval". No one else wished to speak and no opposition was received regarding this item. THE PUBLIC HEARING WAS CLOSED. Mark Gordon, Deputy City Attorney, stated the General Development Standards of the City's Zoning Code -Section 18.40.060 provides for improvements to be constructed prior to occupancy. Therefore, as long as improvements are completed prior to certificate of occupancy being issued for construction on the property the modification would be appropriate. Otherwise, it would require an agreement with the City. Page 8 ACZA120706.DOC DECEMBER 7, 2006 ZONING ADMINISTRATOR ACTION AGENDA He suggested that the last sentence of Condition No. 4 shall be amended to read, "That prior to final map approval, a faithful pertormance bond in the form approved by the City Attorney and in the amount to be determined by the City Engineer, shall be posted to guarantee construction of the required improvements and furthermore, that the required improvements shall be constructed within 90 days of the approval of the final map. Mr. Sell concurred with staff's recommendations and approved Tentative Parcel Map No. 2006-279 to establish a 1-lot, industrial airspace condominium subdivision, by adopting the attached excerpt including the findings and conditions contained therein. He stated the decision would be written and signed no later than 7 days from the date of the meeting and would be final after the appeal period expires 10 days following the date of the decision. Page 9 ACZA120706.DOC