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ZA 2008/12/11e~ i i~str t r Agenda __ Thursdav, December 1'i, 2008 Cou~cil Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California For record keeping purposes, if you wish to make a statement regarding any ifem on the agenda, please complefe a speaker card in advance and submit it to fhe secretary. Anv writinqs or documents provided fo the Zonino Administrator reaardinq anv item on this aaenda (other than writinqs leqallv exempf from public disclosure) will be made available for • Call To Order - 9:30 a.m. . Public Comments - • Gonsent Calendar . public Hearing Items • Adjournment - h ~-. You may leave a message for the Zoning Administrator using the following e-mail address: lwhite@anaheim:net H:\TOO LS~ZAAdm in~ZAFiles~ZP,121108. doc Anaheim Zoning Administrator Agenda - 9:30 A.M. Pubiic Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Zoning Administrator or public comments on agenda items with the exception of public hearing items. Consent Calendar: There will be no separate discussion of these items prior to action being taken unless the Zoning Administrator, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. IViinutes: ITEflfl N0. 1A Receiving and approving the Minutes from the Zoning Administrator Meeting of November 13, 2008. Note: Meeting minutes have been provided to the Zoning Administrator and are available for review at the Planning Department. Reoorts and Recommendations: Mone , ZA121108 Page 2 of 4 Public Hearina Items: ITEM MO. 2 CEQA CATEGORICAL EXEflAPTIOPI. CLASS 1 AND VARIANCE NO. 2008-04759: OWPJER: Howard Knohl 181 S. Cobblestone Lane Anaheim, CA 92807 APPLICANT: Lane Curtis 777 Peralta Hills Drive Anaheim, CA 92807 LOCATIOM: 181 South Cobblestone Lane: Property consists of three separate parcels under the same ownership with a combined area of 3 acres, having frontages of 145 feet at the terminus of Cobblestone Lane and 125 feet on the north side of Peralta Hills Drive, and a maximum depth of 569 feet. Request to permit and retain a 7-foot high fence within the required front yard setback where a 3-foot high fence is permitted, and to permit and retain a circular driveway in the front yard that is not located in tandem with an enclosed garage." ` The portion of this variance pertaining to the request to permit and retain a circular driveway in the front yard that is not /ocated in tandem with an enclosed garage has been removed at the determination of staff that the variance is not necessary. Continued from the November 13, 2008, Zoning Administrator meeting. Project Planner. Dave See DSee(o~anaheim.net ADJOURIV TO fVIOPIDAY, DECENlBER 22, 2008 AT 9:30 A.IVI. (The scheduled Zoning Administrator meeting for Wednesday, December 24, 2008, has been cancelled as no cases were filed for the meeting date.) ZA121108 Page 3 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at Location: COUNCIL CHAMBER DISPLAY CASE AND (TIME) (DATE) OUTSIDE DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or a written correspondence delivered to the Zoning Administrator or City Council at prior to, the public hearing. In compliance with the American With Disabiiity Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 46 hours prior to the I meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. SCHEDULE 2008 12/22/08 (Special Nleeting) 12/24/08 (Meeting Cancelled) SCHEDULE 2009 01 /OS/09 01 /22/09 Remaining dates will be forthcoming. ,. ZA121108 Page 4 of 4 item ivo. RH'~ 5 D~ EP9H \ RH'~ ~ p~ EpGN VACANT VA~PNT 1 DU EACH 1 1 ~ RN.1 VACANT ~pV PERp,~TA~llls ~RNE r ~ ~V Ep,GH /~ n~~ ~ p~ pp,CN ° - _. o so ~oo ~ ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Feet December 11, 2008 Subject Property Variance No. 2008-04759 ~,~,,,~~ ;n 181 South Cobblestone Lane ~os3~ I, December 11, 2008 ~ Subject Property Variance i~o. 2008-04759 181 South Cobblestone Lane 10637 o so iao Aerial Photo: F~ ~ ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. ~uiy zaos I'TEM NO. 2 ZONING ADIVIINISTRATOR AGENDA REPORT City of Anaheim ~ PLANNING DEPARTMENT DATE: DECEMBER 11, 2008 FROM: PLANNING SERVICES MANAGER DAVID SEE, PROJECT PLANNER SUBJECT: VARIANCE NO. 2008-04759 LOCATION: 181 Cobblestone Lane APPLICANT/PROPERTY OWNER: The applicant is Lane Curtis and the property owner is Howard Knohl, M.D. REQUEST: The applicant requests approval to permit and retain an existing 8- foot high fence and 10-foot high gate within the required front yard setback where a 3 foot high fence is permitted. This request was advertised witk~ an additional request for a vaziance to permit and retain a semi-circular driveway in the front yazd that is not located in tandem with an enclosed gazage. Upon further review of the plans, staff detemuned that the semi-circular driveway does meet Code requirements in that the driveway provides access to pazking spaces ihat aze located outside of the required front setback azea. Therefore, no action is required on this request. RECOMMENDATION: Staff recommends that the Zoning Administrator adopt the attached resolution, determining that a Class 1, Categorical Exemption (Existing Facilities), serve as the appropriate environmental determination and denying Variance No. 2008-04759. BACKGROiJND: At the request of the applicant, this item was continued from the November 13, 2008 meeting. This L-shaped property consists of three separate parcels under the same ownership and is cunently developed with a single family residence, pool, and tennis court. The property has street frontage on Cobblestone Lane and Peralta Hills Drive. The property is zoned RH-1 (SC) (Single Family Hillside Residential, Scenic Corridor Overlay). The General Plan designates this property and surrounding properties for Estate Density Residentialland uses. " Z00 5. Anaheim Blvd. Suite #162 Aoaheim, CA 92805 Tel: (774) 765-5139 Faz: (714) ~65-5280- ewiw.anaheim.net VARIANCE NO. 2008-04759 December 1 ], 2008 Page 2 of 3 PROPOSAL: The applicant proposes to retain an existing seven foot high wrought iron fence with eight foot high brick pilasters and a ten foot high gate within the required front yard setback adjacent to Peralta Hills Drive. The fence is located at the front property Iine and the gates are setback approximately 12 feet from the property line. A six foot wide planter with sluvbs is provided in front of the fence within the public right of way. The fence and pilasters were constructed without Building or Planning Division approvals. ANALYSIS: Code permits a maximum three foot high fence within the required 20-foot wide front yard setback. The intent of this Code requirement is to maintain a visually appealing front yard, and to prevent visual obstructions for pedestrians and vehicles. Staff reviewed the size, shape, and topography of this property and did not find any physical hazdships or special circumstances applicable to this property which would justify approval of a vaziance from the development standards regulating maximum fence height. The property is relatively flat and deep and staff believes that a fence could be recpnstructed outside of the required 20 foot front setback area that would meet Code requirements and accommodate the property owner's need for privacy, security and service vehicle access. Staff conducted a site inspection of the surrounding neighborhood and observed other nearby properties that have front yazd fences higher than three feet, including properties immediately adjacent to the east and west of this property. Many of the existing fences in the azea aze legal non- conforming and were constructed prior to 1999, when the Code was amended to reduce the permitted height of front yazd fences from a maximum height of six feet to a maximum height of three feet. Zoning records also indicate that since 1999, several front yard fence height variances have been granted for RH-1 (SC) zoned properties in the vicinity. 3taff has received 35 letters regazding this request. Seventeen letters were received in support of the variance request, generally expressing that the fence and driveway aze aesthetically appealing and provide an enhancement to the neighborhood. Bighteen letters were received which expressed concerns with, or opposition to, the vanance request, generally stating that the fence and driveway aze not compatible with other properties in the neighborhood and that the fence should be required to comply with Code requirements. The property owner at 616 South Peralta Hills Drive, which is located immediately to the west of the subject property, submitted a letter and surveyor documentation indicating that the westerly pillaz encroaches into their property by approximately five inches. CONCLUSION: Staff has concluded that the property does not have any physical hazdships which would justify the requested variance from the m~unum fence height in the front setback. Moreover, the property is adequate in size and depth to accommodate a higher fence outside of the required front setback azea and still meet the needs of the property ow+ner. Therefore, stafF recommends denial of this request. Should the Zoning Administrator approve the project, staff has attached a list of recommended conditions of approval. VARIANCE NO. 2008-04759 December 11, 2008 Page 3 of 3 RespectFully submitted, ~ ^ ~ ~~1~~~~~~ Senior Planner Attach~ents• 1. Draft Resolution 2. Recommended Conditions of Approval by, Services Manager The following attachments were provided to the Zoning Administrator and aze available for public review at the Planning Services Division at City Hall. 3. Justification of Variance 4. Exhibits {Overall Site Plan, Enlazged Site Plan) 5. Site Photographs 6. Correspondence received DRAFT ATTACHMENT NO. 1 RESOLUTION NO. ZA2008-* * * A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR ` DENYING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND DENYING VARIANCE NO. 2008-04759 (181 COBBLESTONE LANE) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of Califomia shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests waiver of maximum fence height to permit and retain an 8-foot high fence and 10-foot high gate within the required front yazd setback where a 3- foot high fence is permitted; and WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on December I 1, 2008, at 930 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith, and that this item was continued from the November 13, 2008 hearing; and WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant requests waiver of the following to pemut and retain an existing 8 to 10-foot high fence and gate within the required front yazd setback: (a) SECTION NO. 18.46.110.030 Maximum heiQht of a fence in the front setback (3 feet permitted; up to 10 feet proposed) (b) SECTION NO. 18.42.030.040.0402 Permitted front vardparkine {WithdraH~n) 2. That the requested waiver (a) is hereby denied because there aze no special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the viciniTy to justify the fence height waiver request. Furthermore, the subject property has an adequate lot size and depth to accommodate a fence in excess of 3 feet high located outside of the required front yazd setback. " 3. That *** indicated their presence at said public heazing in support anci **** indicated their presence in opposition; and that *** eorrespondence was received in support of the subject petition, and **** correspondence was received in opposition to subject petition. -1- ZA2008-* * * WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby deny Variance No. 2008-04759. BE IT FURTHER RESOLVED that the applicant is responsible for paying all chazges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approva] of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of December 11, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Cade pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ANAHEIM ZONING ADMINISTRATOR ATTEST: SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on December 11, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this day of December, 2008. SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR -2- ZAZOOS- ~ 5ubject Properfy 181 South Cobblestone Lane 10637 ° " i'" ~~ Source: Recorded Trect Maps and!or City GIS. ~ Pleass note the ace~racy is +!- two io five feet. ~2~ 302~-3~ 28 56~g~m2~4' ,. `\ , , ~ , ~. ~~ , : . ~~ .; . . ,. ~ ~~ ~ \ ~ r ~ ~ ~; ` F` `' - ~ +~! 1~ , ~ ~' ~ ~ I t 3 t A ~ ~ I t Y I Y 7 ~IL ~.y ~~~.EY ~ ~ ` ~ t 1 t - ) ~ ~ 'x M ` - ~ ~ ?e~~ ~ 1 \ g6r • i, P ti f.~ , . . Zt., ~ 4 ~ ~ ~ '~1 1 + ~ ' \ \ 4 _ ~l ' ~~~ ~{ ~ i O ~ ~ ,'z ~t ' ' E ~~ Ti. ~ + ~ ~ ~ ~ }it lt (TI : r ~ * , r ~ ~ ~ \ ~, . ~ r ~;~; t r _ i ~r ~l~ M ~~ ~ ` ~ ~ ~, n ~ . 1t : 1 ~ 1! } 4 ~ ~~ j ~ v ~ i t~ ~ I4~ip~K"'~i ~f;~ , ~ ~ ~ ~~ yr ~ ~ ~ N ~ ~ L I i,f ~~4 :~ V~ \ ~ p ' ~ ~ ~ ' '~ 2 ~ ~ ~ ~ 1 j~ .A, i. i ~ ~ / 1 ~~ ~~ 5 K 1 K ~~ ,"~I ` t-~ , I ~ t " 4 1 ~ ~ 1 ` i' ~ ~~~°~ ~ ~ 1 ~ ~ ~4 4 }~ i P ~fn~{ 1 ~ : u „ ~ ~ T ~~~ ~ ` ' ~ ~ ~ , ; F ~~ ~ `~'- 1vE ~ . ~ , r ~; - ~ 1~t5 ~~ N 1 ` : RA~T P ~`~ ~ ` pE 54'~'6 "' ~ ~ 1 [~0 1 `' ~ ~ \ ~ 1 ~ 1 ` i 1 1 1 1 ~ ~ I p~~ I ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ o s~ ~ao ~ Source: Recortled Trect Maps and/or City GIS. ~, Please note the accu2cy Is +~- (wo to five feet. Subject Property „ E,~E aN' oxao `" NEa ~r+'+ ° E p t ' a Y ~' ~. O SP ~ E. O ~p0 {J~ ~~ /E.? {-~~~~f ^~ /~~~ 6 ~ ~q` a • 181 South Cobblestone Lane ~os a~ ~'~"TAC~IV~E~T'T l~t~. 2 ItECO NDEI) C69I~I~IONS OF APP~80V AY. VAI~APICE PIO. 2008-04759 1Vo. ~onditions of Approeal ~~sponsible for 1V~onitorita 1'ItIOR T'O ISSUANCE OFtl BiTdLDIN[a PEIi1VIPT 014 OIUE' (I) I'E~3t FI{OIi2'1'~' Df1T'E OF TgdFS ItES`~LUTd~N, WFIICFIE6~ER<OCCdIRS FIILST -: 1 That an unsubordinated restricted covenant providing Planning shazed access for the semicuculaz driveway serving the contiguous pazcels under common ownership, approved by the Planning Services Division in a form satisfactory to the CiTy Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the Planning Department. In addition, provisions shall be made in the covenant to guarantee that the driveway provides vehiculaz circulation, driveway access, and maintenance for the contiguous pazcels under common ownership, and said covenant shall be referenced in all deeds transferring all or any part of the interest in the applicable properties. 2 That plans submitted for building permits shall show the Public Works, proposed gates and shall demonstrate that the gates shall Tr~c not be installed across any driveway in a manner which Engineering may adversely affect vehiculaz traf~c on Peralta Hills Drive and that installation of the gates shall conform to the current version of Engineering Standazd Detail 475. The locarion of any proposed gates shall be subject to the review and approval of the City Engineer. 3 That the appropriate pet~mits shall be obtained from the Planning City of Anaheim for the subject fence, pilasters and gates. Extensions for fi.uther time to complete said conditions may be granted in accordance with Code Section No. 18.60.170 of the P.naheim Municipal Code. 4 That plans submitted for building permits shall show Public Works, confprmance with the current version of Engineering Development Standard Detail 115 pertaining to sight distance visibility Services for landscaping and fence/wall locations to the satisfaction of the City Engineer. PIddO1t TO:FFNAL ~~7ILd2$IV~.4Nd3 201!'dN('iilli~SPEC?'P~N3' _ 5 That ttte applicant shall install a properly-sized Traffic P~iblic Works, Grated Channel Inlet across the westerly driveway Development approach on Peralta Hills Drive and remove the existing Services -1- ZA2008-*** brick planter (rivo rows) to allow surface runoff to be intercepted prior to entering the pazcel at 616 South Peralta Hills Drive. 6 Thaf the new traffic grated channel inlet shall connect to Public Works, an existing private concrete drain box at the southeast Development corner of 616 South Peralta Hills Drive, wluch drains Services westerly via a private 15-inch diameter concrete pipe. 7 That the applicant shall obtain a grading permit for the Public Works, existing fill earthwork enclosed by the concrete planter, Development on-site, along the frontage of south Peralta Hills Drive. Services GEIVE~IL -- ~ That timing for compliance with conditions of approval Planning may be amended by the Planning D'uector upon a showing of good cause provided (i) equivalent timing is established that saiisfies the originai intent and purpose of the condition(s), (ii) the modification complies with the Anaheizn Municipal Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. 9 That subject property shall be developed substantially in Planning accordance with plans submitted to the City of Anaheim by the applicant and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 and 2, and as conditioned herein. 10 That approval of this application constitutes approval of Planning 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 regazding any other applicable ordinance, regulation or requirement. -2- zAZOOS-