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
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Subject Property
Administrative Adjustment No. 2009-00316
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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.
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Administrative Adjustment No. 2009-00317
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Subject Property
Administrative Adjustment No. 2009-00317
3421 West Thornton Avenue
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PLANNIIVG DEPARTIVIENT
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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-
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June 25, 2009
Subject Properry
Variance No. 2009-04782
1895 West Katella Avenue
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Subject Property
Variance No. 2009-04782
1895 West Katella Avenue
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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
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;lune 25, 2009
Subject Property
APId: 034-053-09
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VARIANCE NO. 2009-04780
871 North Redondo Drive West
ions
June 25, 2009 APN: 034-053-09 ~~
Subject Property JW:qOMNETA~q , ~~
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VARIANCE NO. 2009-04780
871 North Redondo Drive West
i ons
o so ina Aerial Pholo:
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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