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ZA 2009/06/25rrf~~y;~ ~~f~ei~ o~~~~ d i~os~~a~~r e~~a Thurs~a~, Jta~oe 25, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. Any writinqs or documents provided to the Zoninq Administrator reqardinq anv item on this Anaheim. California, durin4 reqular business hours. • Call To Order - 9:30 a.m. a Public Comments m Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Zoning Administrator using the following e-mail address: twhite@anaheim.ne[ H:\TOOLS~ZAP,d m i n~ZAFi les~ZA062509. doc Anaheim Zoning Administrator Agenda - 9:30 A.M. Public 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. ~1Ainutes: ITEM NO. 1A Receiving and approving the Minutes from the Zoning Administrator Meetings of April 30 and May 28, 2009. Note: Meeting minutes have been provided to the Zoning Administrator and are available for review at the Planning Department. ZA062509 Page 2 of 5 ITEhA fd0. 1B CEQA CATEGORICAL EXEtVIPTiOfd. CLASS 1 AMD ADflAINISTRATIVE ADJUSTflAENT RlO. 2009-00316: 01NNER: Berg and O'Connor 1001 West Whittier Boulevard La Habra, CA 90631 APPLICAMT: Reda Hammoud Mazaj Cafe 15522 Woodfuff Avenue, #17 Bellflower, CA 90706 LOCATIOAI: 1215 South Beach Boulevard: Property is approximately 170 feet south of Ball Road. Request to permit a smoking lounge closer to a residential property than permitted by code and with fewer parking spaces than required by code. ITEnA NO. 1C CEQA CATEGORICAL EXEMPTIOfV, CLASS 1 AND ADMINISTRATIVE ,4DJUSTNiEfVT NO. 2009-00317: OWPlER/ Kim B. Garthwaite APPLICANT: 3421 W. Thornton Avenue Anaheim, CA 92804-4716 LOCATIOfiI: 3421 VVest Thornton Avenue: Property is approximately 463 feet east of Knott Avenue. Request to construct an addition to an existing single-family residence with a shorter front setback than required by Code. Project Planner. Elaine Thienprasiddhi EThien@anaheim.net Project Planner.• Vanessa Nonvood VNonvood @ anaheim. n et ZA062509 Page 3 of 5 ITEnfl NO. 2 CEQA CATEGORICAL EXEBflPTIOM. CLASS 1 A(VD Request for Continuance VARIANCE NO. 2009-04782: to July 23, 2009 OVVNER: Rober Nigogosyan Trust 8235 Zitola Terrace Playa Del Rey, CA 90293-7833 APPLICAfVT: Dave Tanizaki 601 East Glenoaks Boulevard, Suite 201 Glendale, CA 91207 LOCATION: 18951A1est Katella Avenue: Property is approximately .47 acre, located at the northeast corner of Katella Avenue and Nutwood Street, having frontages of 135 feet on the north side of Katella Avenue and 137 feet on the east side of Nutwood Street. Request to permit an 8 to 9-foot high wrought iron fence P~o~eor a~anner. that exceeds the maximum ermitted fence hei ht for an p 9 Della Herrick DHerrick@anaheim.net existing commercial building. ITEM PlO. 3 CEQA CATEGORICAL EXEMPTION CLASS 1 AND VARIANCE fd0. 2009-04780: 01NNER/ Guillermo Equivel APPLICANT: 871 North Redondo Drive West Anaheim, CA 92801 LOCATION: 871 North Redondo Drive West: Property is approximately 880 feet north of North Street. Project Planner. Re uest to retain an existin detached ool house with a Dave See q g p osee@anaheim.net rear yard setback less than required by Code. ADJOURN TO 'THURSD,4Y, JULY 23, 2009 AT 9:30 A.nA. ZA062509 Page 4 of 5 CERTIFICATION OF POSTIfdG I hereby certify that a complete copy of this agenda was posted at ~m - ~ 9-09 Location: COUNCIL CHAMBER DISPLAY CASE AND (TIME) (DATE) OUTSIDE DISPLAY KIOSK SIGNED: G~ ~-~''"`~ 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 Disability Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting wili enable the City to make reasonable arrangements to ensure accessibility to this meeting. ~ C ~ ~ ~ ~ ~ ~ 2009 I 07/09/09 (Cancelled) I 07/23/09 08/06/09 08/20/09 09/03/09 09/17/09 10/01 /09 10/15/09 10/29/09 11 /12/09 11/25/09 (Wednesday) 12/10/09 12/24/09 (Cancelled) ZA062509 Page 5 of 5 - - -- -' -- -- -- -- --- - RM-4 RS-2 COBBLESTONE 1DU EACH RES AURANT APARTMENTS `" C-G 30 DU W GLEN HOLLY DR ~ v i ROBIN HOOD MOTEL ¢ " W a RS-2~ 3 ¢ o ; GG AOYAL PACIFIC INN RS-2 ~ 7 DU~EACH W 1 DU EACH = ~ GG m rt u+ ECONOMY INN = C-G x U TRAVEL INN MOTEL ¢ Q O ~++ N m '~ C-G GG p_G LYNDY'S MOTEL RS-2 RS-2 S.S. & 7 DU EACH 1 DU EACH FOODMART ~ WestAnaheim ^ Commercial Corzidors 5p~ - ' '- " W BALL RD ~ RedevelopmentArea fa-m~ ~ CG CG DENTIST o DRIVE-THRU REST: RM-2 CONDOS . 12 DU GG GG ~_G SMALL SHOPS 2DU . N SMALLSHOPS ,~ - :. .. ~ ~~ 1 GG y ~ RCL64-65-95 o d c < RCL56-57-63 E ` CUP1363 T (MHP) o ~ s VAR 2227 - MOBILEHOME ~~ E ADJ 2009-0031 PARK ¢'~ o SMALLSHOP: N N d 3 E a C-G U ¢ AUTO SALVAGE YARD m um u mi a msim u aai ~sam as~ni m an~ 9 p e J m i s v a W 00 e 6 _ __ _ ... . .. . .. . .. ........ ....... o so ioo ~ ~c June 25, 2009 Subject Property APfV: 079-221-05 Administrative Adjustment No. 2009-00316 1215 South Beach Boulevard C-G (MHP) MOBILE HOME PARK GG ANAHEIM CITY LIMITS m. rs~aa~ rmua~amumreo.v~asmu w STANTON CITY LIMITS ~- W.OMNGEAVE ~- < s ~ '~ ~ a - ~ '~ g w .e,vlAO F m~e ~~ fy e e r m , - ;"~ ~ w~ .CEPflrtOS pVE ~ ~ ~° .CEflHIiOSPVE 10768 June 25, 2009 APId: 079-221-05 Subject Property Administrative Adjustment No. 2009-00316 1215 South Beach Boulevard i mse a so ioo~ Aerial Photo: ~e~ April 2008 ITEI~d 1~O.1B ZOI~G .~R/ffi~dS'I"IB~i'II'Olt AGEIVDA ~I'OR~' 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLA,NNING DEPARTIVIEIVT DATE: .IUNE 25, 2009 FROM: PLANNING SERVICES 1~IANAGER ELAIIVE TIdIIENPRASIDDFIII, PRO.TECT PLAIVPIER SUBJECT: AIDIVIIPIISTRATIVE ADJUSTMEIV'I' 1V0. 2009-00316 LOCATION: 1215 South Beach Boulevazd APPLICANd'/PROPERTY OWivER: The property owner is Berg and O'Connor and the applicant is Reda Hammoud. REOUES'd': The applicant proposes a smoking lounge closer to a residential property than permitted by code, with fewer pazking spaces than required by code. BACKGROUND: This property is developed with a 9,311 squaze foot commercial retail center. This property is zoned C-G (Commercial - General) and the General Plan designates this properiy and properties to the east, west and south for neighborhood commercial land uses and the properry to the north for general commercial land uses. PROPOSAL: The applicant proposes to establish a smoking lounge in the easternmost tenant space of the commercial retail center adjacent to Beach Boulevazd. There aze no exterior improvements proposed to the building or property. The smoking lounge would operate on evenings and weekends. APIALYSIS: The smoking lounge is approximately 180 feet from the neazest residential zoned property, where the Code requires a minimum distance of 200 feet. The neazest residendal zoned property is developed with a mobile home pazk and is located at 1224 South Beach Boulevazd. The smoking lounge is sepazated from this property by Beach Boulevazd, an eight lane arterial highway. The shopping center currently has 56 pazking spaces, where Code requires a minimum of 61 pazking spaces for the smoking lounge and other tenants. The smoking lounge will be open for business in the evenings and weekends during off-peak pazking hours. Proposed hours of operation aze Monday- Thursday from 5 p.m. to 1230 a.m., Friday from 5 p.m. to 130 a.m. and Saturday - Sunday from 4:30 p.m. to 1:30 a.m. Code pernuts a vaziance for a ten percent deviation from up to two development standards with the approval of an Administrative Adjustrnent. If no written opposition regazding the variance is received during the required 10-day notification period which ADMINISTRATIVE ADNSTMENT NO. 2009-00316 June 25, 2009 Page 2 of 2 ends on June 22, 2009 at 5:00 p.m., the Zoning Administrator may grant this Administrative Adjustrnent. If written opposition is received during the 10-day notification period, the applicant can withdraw the request or request that a public hearing be scheduled. Staff has received no written opposition to this request as of June 18, 2009. Should any written opposition be submitted by June 22, 2009 at 5:00 p.m., a copy of the conespondence will be provided to the Zoning Admivistration and also be available for review at the Plazming Department and on the city's website at www.anaheim.nedplanning. CONCLB7SION: Staff recommends approval of the Administrative Adjustrnent request subject to no written opposition being received and the attached resolution. ' Respectfully submitted, ~~~ ~~~`~ Senior Planner Attachments• 1. Draft Resolution Concurred by, ~ ~'~` ~~~s~ Plamiing 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 or on the City of Anaheim's web site at www.anaheim.net/ulanning. 2. Plans 3. Photographs of Property D~~ RESOLUTION NO. ZA2009-*** A'II'B'ACY~iV~IVT NO.1 A RESOLUTION OF THE ANAHEIM CIT'Y ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION AND ADMINISTRATIVE ADNSTMENT NO. 2008-00316 (1215 SOUTH BEACH BLVD.) WHEREAS, the Anaheim City Zoning Administrator did receive a verified Petition for Administrative Adjustment 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 WFIEREAS, the petitioner requests a variance to permit a smoking 1QUnge closer to a residential property than pernutted by code and with fewer parking spaces ffian required by code; and WHEREAS, the Anaheim CiTy Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 2009 at 9:30 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 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 a variance from the following to establish a smoking lounge: . (a) SECTION NO. 1838.260.0102 Minimum distance from a residential propertv boundarv (200 feet required; 180-feet proposed) (b) SECTION NO. 18.42.040.010 Minimum number of parkine spaces (61 spaces required; 56-spaces provided) 2. That the above-referenced administrative adjushnent has been duly noticed. 3. That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim Municipal Code, that the request is hereby granted in accordance with Subsection 18.62.040.020.0203 of the Anaheim Municipal Code which allows a variance from Code requirements for the minimum distance of a smoking lounge to a residential property and the minimum number of required parking spaces to be considered by an Administrative Adjustment. 4. That no written opposition was received during the required 10-day norification period which ended on June 22, 2009. -1- ZA2009-*** WIIEREAS, 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 City Zoning Administrator does hereby grant subject petition for Administrative Adjushnent. BE IT FURTHER RESOLVED that the 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges 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 charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Zoning Administrator meeting of June 25, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ANAIIEIM CITY ZONING ADMINISTRATOR ATTEST: SECRETARY, ANAHEIM CITY ZOI~IING ADMII~IISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAI-IEIM ) I, Eleanor Morris, Secretary of the Anaheim City Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City of Anaheim Zoning Administrator held on June 25, 2009. IN WIT'NESS WHEREOF, I have hereunto set my hand this day of June, 2009. SECRETARY, ANAHEIM CITY ZONING ADMII~IISTRATOR -Z- ZA2009- EX~IC~IT "A" AIDIVIYNIS7CI2A~'IVE A~.FUS'g'IV~NT NO. 2009-00316 -3- ZA2009- E~IT "B" RECOIVIIVYENI2ED CONDYTIONS OF APPROVAL ADMIIVIST`ItATIVE ADJUSTMENT NO. 2008-00316 No. Conditions of Approval Responsible for Monitorin GENERAL 1 The subject property shall be developed substantially in Planning accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department mazked Exhibit Nos. 1 and 2(Site Plan and Floor Plan), and as condirioned herein. -a- znaoo9- _ ~ ~ W > Q H F O Z ~ ~ T HANSEN JUNIOR HIGH SCHOOL RM-3 I RS ~2 ~ I RS-2 I RS-2 ~ ~ ~~H 7 DU EACH 2 DU EACH 1 DU EACH I {^r 963' I ss~ W THORNTON AVE n ~ RM-3 RS-Z RS.2 RS-2 2 DU ~~DUEACH i DU EACH 1'DUEACH~ W BRADY AVE RS-2 DU EA RS•2 ~ "l I I'°I~"I" I I RM-4 KNOTT VILLAGE APARTMENTS 38 DU , .as...~.e.~~Lm. APN: 079-281-09 GRANDOAKS DR II u A Administrative Adjustment No. 2009-00317 3421 West Thornton Avenue ,mss T ~ RS-2 - ADJ 2009-00317 7 DU June 25, 2009 APN: 079-281-09 Subject Property Administrative Adjustment No. 2009-00317 3421 West Thornton Avenue ia~ss o sn ion Aerial Pholo: r~e~ ~ Apri12008 I1'E1VY 1~I0. Y C ZO1~G AII9IVHII~Id3TIl2A~'OR ~,G~I~A flt~~OIZ'Y' City of Anaheim PLANNIIVG DEPARTIVIENT nnTE: aurrE as, aoov Fxom: ra,arrrnrr~ sERVicES ~va~ER varr~ssA rroxwoo~, rxo~cT rLarrrrEx SUB.TECT: ADI~IIIVISTRATIVE ADNSTMEIVT' NO. 2009-00317 LOCATION: 3421 West Thomton Avenue APPLYCAIVT/PROPERTY OWNER: The property owner and applicant is Kim Garthwaite. REOUES'i': The applicant proposes to construct an addition to an existing single family residence with a front setback less than required by Code. BACKGROUND: This property is developed with a single family residence constructed in 1948. This property is zoned RS-2 (Single Family Residential) and the General Plan designates this property and properties to the east, west and south for low density residential land uses. The properties to the north are designated for school and pazks land uses. PROPOSAL: The applicant proposes to conshuct a 949 square foot addition to an existing 848 square foot single family residence. The room addition includes a game room, laundry room, powder room, two bathrooms, master bedroom and front porch. AIVALYSIS: The room addition would be located 20 feet from the front property line, where a 25 foot setback is required by Code. A new front porch would be located 15 feet from the front property line, where an 18 foot setback is required. Code permits a variance for a 20 percent decrease in the front setback by an Administrative Adjustrnent. If no written opposition regarding the variance is received during the required 10-day notification period which ends on June 22, 2009 at 5:00 p.m., the Zoning Administrator may grant this Administrative Adjushnent. If written opposition is received during the 10-day notification period, the applicant can withdraw the request or request that a public hearing be scheduled. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 ~ www.anahelm.net ADMINISTRATIVE ADNSTMENT NO. 2009-00317 June 25, 2009 Page 2 of 2 Staff has received no written opposition to this request as of June 18, 2009. Should any written opposition be submitted by June 22, 2009 at 5:00 p.m., a copy of the conespondence will be provided to the Zoning Administration and also be available for review at the Planning Department and on the city's website at www.anaheun.nedplannine. CONCLUSION: Staff recommends approval of the Administrative Adjustrnent request subject to no written opposition being received and the attached resolution. Respectfully submitted, Concurred by, ~y~,~ . T~, L~l,~-~--- Senior Planner Attachments: 1. Draft Resolution ~~~s~ Planning 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 or on the City of Anahenn's web site at www.anaheim.nednlanning. 2. Plans 3. Photographs of Property ~DRA~~' RESOLUTION NO. ZA2009-*** AB'TACI~IVIENT NO. 1 A RESOLUTION OF THE ANAHEIM CITY ZONING ADMII~IISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION AND ADMINISTRATIVE ADJUSTMENT NO. 2009-00317 (3421 WEST THORNTON AVENUE) Wf~REAS, the Anaheim City Zoning Administrator did receive a verified Petition for Administrative Adjustment for certain real property situated in the City of Anaheim, County of Orange, State of California shown on Exhibit A, attached hereto and incorporated herein by this reference;and WHEREAS, the peritioner requests a reduction of the required structural front yard setback from 25 feet to 20 feet and to reduce the accessory structural setback from 18 feet to 15 feet; and WHEREAS, the Anaheim City Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 2009 at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipa] Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and ~ WHEREAS, said Zoning Administrator, after due inspecrion, 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 an administrative adjushnent in order to construct an addition to an existing single family residence: (a) SECTION NO. 18.04.100.010 Minimum Front Yard Setback (25 feet required, 20 feet proposed) (b) SECTION NO. 18.04.100 .040 Accessorv Structure (Porchl Setback 18 feet required, 15 feet proposed) 2. That the above-referenced administrative adjuslment has been duly noticed. 3, That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim Municipal Code, that the request is hereby granted in accordance with Subsection 18.62.040.020 of the Anaheim Municipal Code which allows a ma~cimum deviation of twenty (20) percent of the required front yard sttuctural setback and accessory building (porch) setback for administrative adjustments. 4. That no written opposition was received during the required 10-day notification period which ended on June 21, 2009. -1- ZA2009-*** WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Faciliries), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepaze additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Zoning Administrator does hereby grant subject petition for Administrative Adjushnent. BE IT FURTHER RESOLVED that the 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 regularions. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. . BE IT FURTFIER 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 charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Zoning Administrator meeting of June 25, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: ANAIIEIM CITY ZONING ADMINISTRATOR SECRETARY, ANAHEIM CITY ZOI~IING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City of Anaheim Zoning Administrator held on June 25, 2009. IN WITNESS WHEREOF, I have hereunto set my hand this day of June, 2009. SECRETARY, ANAHEIM CITY ZONII~IG ADMII~IISTRATOR -Z- ZA2009- E IT "A" ADMIl~TISTI2ATIVE ADJUSTMEN'I' NO. 2009-00317 55' BRADY AVE 10769 -3- ZA2009- ° s' t0`' Source: Recorded Tract Maps and/or City GIS. Fe=~ ~~ Please rrote the accuracy is +/-lwo to five teet. E~IT "B" RECONIIVIEIVDED CONDITIONS OF APPROVAL ADIVIINISTRATIVE AIDJUSTIVIENT NO. 2009-00317 No. Conditions of Approval Responsible for Monitorin CENERAL 1 The subject property shall be developed substantially in Planning accordance with plans submitted to the CiTy of Anaheim by the applicant and which plans are on file with the Planniug Deparhnent marked Exhibit No. 1(Existing and Proposed Site Plan , Exhibit 2(Floor Plan), Exhibit No. 3 (Elevations) and as conditioned herein. -4- ZA2009- ~N Q ~w ~~ _^ h ~ w O x z > ~omoo~ae~vomeo~e 0 50 mo~ reec v~na June 25, 2009 Subject Properry Variance No. 2009-04782 1895 West Katella Avenue H W W ~ H ~ ~ O O ~ ~ z RM-4 NUTWOOD APARTMENTS 28 UNITS T 1 DU DU TAMARALANE DU APN:12856140 97 UNITS ~ a ,o~as June 25, 2009 APN: 12856140 Subject Property Variance No. 2009-04782 1895 West Katella Avenue io~as o so iao Aerial Pholo: Fee~ ~ Apri12008 I'b'E1VY NO. 2 ZO1V~G AB2IVI~S'I"gdA'I'OR AGEI~A ~POIt~' 200 S. Anaheim Blvd. SuRe #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNIN(i 1~EPARTMENT 1DATE: JIJNE 25, 2009 k'liOM: PLANNING SERVICES MANAGER DELLA gIERRICdC, PROJECT PLANNER SUBJECT: VARYAPICE PIO. 2009-04782 ~ LOCATIOPI: 1895 West Katella Avenue APPLICANT/PROPERTY OWNER: The property owner is Rober Nigogosyan and the applicant is Dave Tanizaki. REOUEST: The applicant is requesting a variance to permit an eight to nine-foot high wrought iron fence that exceeds the maximum permitted fence height for an existing commercial building currently operated as an altemative educational facility by the Orange County Boazd of Education. This request was originally processed as Administrative Adjustrnent No. 2008-00331. A letter of objection was received during the required ten-day notification period and therefore, a public hearing was scheduled. The applicant has submitted a letter requesting a continuance in order to further reseazch various alternative designs for the fence on the Katella Avenue street frontage. This is the second requested continuance. RECOMMENIDATION: Staff recommends that the Zoning Administrator continue this request to the July 23, 2009 Zoning Administrator meeting to allow titne for the applicant to prepaze revised plans. Respectfiilly submitted, ~- I r~~ y i `~~ V v I,~'u '~- Senior Planner Attachments• I. Aerial and Vicinity Map 2. Continuance Request Concurred by, ~ ~„n _ o~.~ ~~ ~i ris~ru~- Planning Services Manager ATTACHMENT NO. 2 Della Herrick From: tanizakiarchitects ~dsleMreme.com [tanizakiarchitects~dsleutreme.com] Sent: Monday, June 15, 2009 4:41 PM To: Della Herrick Subject: Katella Fence Della, Sorry I am out of the office. We are reguesung a continuance to the July 23, 2009 date. Dave Tanizaki TANIZAKI & ASSOC INC 601 E. Glenoaks Blvd Ste 201 Giendale, CA 91207 T:818.637.8690 F:818.637.8695 - ..- - - --- ---- - - - ---- - - --- C-G ~ ,~ CONVALESCENT i- RS-2 ¢ HOSPITAL p 1,DU EACH ~ ~ ~ O O.C.F.C.D. 2 , z z ~ N a 0~ N1 ~ RS-1 Q,~~G RS-2 CHURCH ~G~-P 7DUEACH RS4 1 DU EACH RS-2 , \ 1 DU EACH RS-1 SAGE PARK RM-4 SAGE PARK APARTMENTS 100 DU RS-1 SAGE PARK RS-1 12009-04 VAR146 1 DU t DU ~ ~~~~~~.' -~~ ~ RS-1 RS-1 1 DU EACH RS-1 SAGE PARK ~ O RS-1 c 0 O z W YVONNE PL a O ~+ w Z C n z RS_7 y 7 DU EACH z o so ioo ~ ~~c ;lune 25, 2009 Subject Property APId: 034-053-09 ~~ s~~ VARIANCE NO. 2009-04780 871 North Redondo Drive West ions June 25, 2009 APN: 034-053-09 ~~ Subject Property JW:qOMNETA~q , ~~ ~ VARIANCE NO. 2009-04780 871 North Redondo Drive West i ons o so ina Aerial Pholo: ~e~ ~ ~ Apri120~8 I'TEIVY IVO. 3 ZON~TG AI)1VIINaS~'~,B'Ol~ AGEIVI2A ~POIZB' 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 TeL (714) 765-5139 Fax: (714) 765-5280 . www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: JUNE 25, 2009 FROM: PLAPTNING SERVICES I~%AIVAGER IDAVE SEE, PRO.~EC'T PLAPINER SUBJECT: VAI2IAIVCE IVO. 2009-047~0 d.OCA1'ION: 871 North Redondo Drive West APP~.ICANT/PROPERTY OWNER: The applicant is Roberto Esquivel and the property owner is Guillermo Esquivel. REOUEST: The applicant proposes to retain an existing detached pooi house with a rear yazd setback less than required by Code. RECOMIVIEIVIDATION: Staff recommends that the Zoning Administrator adopt the attached resolution determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and denying Vaziance No. 2009-04780. BACKGROUND: The 0.3-acre property is currently developed with a single family home and pool. The property is located in the RS-1 (Single Family Residential) zone. The General Plan designates this properiy and properties to the south and east for low density residential land uses. A public park abuts the property to the north and west. PROPOSAL: The applicant proposes to retain a partialiy constructed 385 square foot detached pool house with a rear yazd setback less than required by Code. The site plan shows that the structure is setback 5 feet from the reaz property line and 5 feet, 4 inches from the side property lines. The floor plan shows a pool room with a sepazate bathroom. The pool room building was constructed without Building or Plamiing Division approvals. The owner has indicated tttat the existing storage shed adjacent to the pool house will be removed. The owner states that the building was constructed in the back comer of the property due to site constraints caused by existing utility easements and power poles on the property. ANALYSIS: The Code defines this property as a"triangulaz or gore-shaped" lot due to its irregular shape and narrow lot width in the reaz. Code requires that the reaz lot line for gore-shaped lots be measured at a point 10 feet from the back comer VARIANCE NO. 2009-04780 7une 25, 2009 Page 2 of 2 of the property. Since Code requires a setback of 25 feet from the reaz properry line, the structure would need to be located a total of 35 feet from the back of the properiy to comply with Code. The proposed pool room encroaches 3 feet into an existing 8-foot wide electrical utility easement along the north property line. A site inspection revealed that the existing electrical power line bisects the property between the proposed pool house and the pool. This power line is not located within the 8-foot wide easement azea. In the event that the Zoning Administrator approves this request, staff recommends a condition of approval requiring the applicant to relocate the utility easement to the location of the existing power lines, thereby resblving the encroachment issue. Staff has reviewed the size, shape, and topography of this properiy and did not find any physical hardships or speciai circumstances applicable to this property which would prevent development of a pool house in compliance with development standazds; therefore, staff did not find justification for the approval of a variance. The properiy is lazge and flat and there is approximately 85 feet between the existing pool and the 35 foot rear setback line, and a minimum of 65 feet between the existing pool and the location where the existing power lines bisect the property. The back yard is adequate in size and shape to accommodate an accessory pooi house without the need for a variance. Staff prepazed recommended conditions of approval in the event that the Zoning Administrator approves the applicanYs request. C'ONCLUSIOIV: Staff believes there are no physical hazdships or special circumstances applicable to this property that would prevent the development of a pool house in compliance with development standazds. Therefore, staff recommends denial of the variance. Respectfully submitted, f~( lc~~p~ Senior Planner Concurred by, ,„ s ~ ~ ~i ~ 6~ ~~ Planning Services Manager Attachments• 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Recommended Conditions of Approval 4. Letter of Justification The following attachments were provided to the Zoning Administrator and aze available for public review at the Planning Services Division at City Hail or on the City of Anaheim website at www.anal~eim.neUolanning. 5. Site Photographs 6. Site and Floor Plans D12AFT AT~'AC NT NO. 2 RESOLUTION NO. ZA2009-*** A RESOLUTION OF THE ANAHEIM ZOI~IING ADMINISTRATOR DENYING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND DENYING VARIANCE NO. 2009-04780 (871 NORTH REDONDO DRIVE WEST) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real properiy 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 WFIEREAS, the petitioner requests waiver of minimum rear yard setback requirements to retain an existing detached pool house with a rear yard setback less than required by Code; and WIIEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 2009, at 9:30 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 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: That the applicant requests waiver of the following to retain an existing detached pool house: SECTION NO. 18.04.100 Minimum rear vard setback (35 feet required for a triangular or gore-shaped lot; 5 feet proposed) 2. That the requested waiver is hereby denied because there are no speciai circumstances applicable to the property, including size, topography, location or surroundings, which do not apply to other properiy under identical zoning classification in the vicinity to justify the rear yard setback waiver request. The unique shape of the property does not prevent development of a pool house in compliance with development standards. The property is ]arge and flat and there is approximately 85 feet behveen the existing pool and the 35 foot rear setback line, and a minimum of 65 feet between the pool and the location where the power lines bisect the property. The back yard is adequate in size and shape to accommodate an accessory pool house without the need for a variance. 3. That *** indicated their presence at the public hearing in opposition; and that *** correspondence was received in opposition to the subject request. -1- ZA2009-*** 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. 2009-04780. BE IT FUR'I'HER RESOLVED that approval of this application constitutes approval of the proposed request oniy 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case applicarion 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 charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of June 25, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.6Q "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ANAIIEIM ZONING ADMII~IISTR ATOR ATTEST: SECRETARY, ANAFIEIM ZOI~tING ADMII~IISTRATOR STATE OF CALIF012NIA ) 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 June 25, 2009. IN WITNESS WHEREOF, I have hereunto set my hand this 25°i day of June, 2009. SECRETARY, ANAHEIM ZONING ADMII~IISTRATOR -2- ZA2009- ~ ' ][T ,~A,~ VARIANCE NO. 2009-04780 10776 -3- ZA2009- 0 SG ID^ Source: Recorded Trect Maps and/or City GIS. Fp_~ Please note the accuracy is +~- two to five feet. A7'~'AC~I+1T' 1V0. 3 RECONYIVIENDED CONDITIONS OF APPROVAL VARIANCE NO. 2009-04780 No. Conditions of Approval Responsible for Monitorin PRIOR TO ISSUANCE OF A BUILDING PERMIT OR ONE (I) YEAR FROM THE DATE OF THIS RESOLUTION, WHICfIEVER OCCURS FIRST 1 The property owner shall irrevocably offer to dedicate to Planning the City of Anaheim an eletrical easement 8 feet in width to accommodate the existing power line that bisects the property. 2 The appropriate building permits shall be obtained from Building the City of Anaheim for the subject pool house building. CENERAL 3 Timing for compliance with conditions of approval may Planning be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonsh~ated significant progress towazd establishment of the use or approved development. 4 Subject property shall be developed substantially in Planning accordance with plans submitted to the City of Anaheim by the appiicant and which plans are on file with the Planning Deparhnent mazked Exhibit No. 1(Site and Floor Plan), and as conditioned herein. -1- ZA2009-*** ATTACHNIENT NO. 4 Mareh, 16, 2009 City of Anaheim ~nvironmentaUProject Information Form ItE: Project Description To Whom It May Concern: My name is Guillermo Esquivel, I am a married man with two children. I relocated from Las Vegas, Nevada after working in surveillance for a casino for the last twelve years seelting a better environment for my family. - It has becn rivo years since I moved to California to work with my brother in the healthcare field. My family loves Anaheim and we are all much happier now. Last year I purchased a beautiful3 bedroom, 1 bathroom house on a big lot with a pool that happens to boarder a beautiful public park, at 871 North Redondo Drive West, Anaheim, CA 92801. Needless ta say, we love it! This past summer our family and friends enjoyed the swimming pool and the bie back yard to play in. In the rear of our backyard we have a storage shed that has come in very handy to store our pool supplies, toys, balls etc. Since then, we have outgrown this structure and wanted to build a slightly bigger structure. We are proposing a 385 sq ft structure. The increase in size grew primarily due to the fact we wanted a place for our children and friends to be able change into their swimsuits and to the use of a restroom after spending an afternoon outside at the pool. Our existing structure is too close to an electrical pole which contains, what looks like a - transformer. From this clectrical pole there are a bunch of cables that run across our lot from the west wall to the east wall which then connects to another pole on the property next to ours. IVot onty that, but there are trvo large steel wires holding each electrical pole in its place making impossible to build in that area ut all. This is the reason we have chosen to build our pool house at that site location. We hope you will take into consideratioa this unusual lot con£guration and clectrical circumstances. Sincerely, ti~~ ~ Guillermo Esquivel