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Minutes-ZA 1987/12/17c. - _ ~ ~~ ACTION AGENDA y, REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, DECEMBER 17, 1987,9:30 A.M. PRESENT: Annika Santalahti, Zoning Administrator Pamela Starnes, Secretary Lori Duca, Assistant Planner Della Fil@s Ass tant Planner Procedure to Expedite Mee~~ng: The proponents for conditional use permit and variance applications which are not contested will have 5 minutes to present their evidence. In contested applications, the proponents and opponent will each have 10 minutes to present their case unless additional time is requested and the complexity of the matter warrants. After the opponent(s) speak, the proponent will have 5 minutes for rebuttal. Before speaking, please give your name and address and spell your name. Staff Reports are part of the evidence received by the Zoning Administrator at ",each hearing. Copies are available to the public prior to and at the meeting. The Zoning Administrator reserves the right to deviate from the foregoing if, .;,in the Administrator's opinion, the ends of fairness to all concerned will be 'T~ `'served. All documents presented to the Zoning Administrator f or review in connection with any hearing, including photographs or other acceptable visual representations of non-documentary evidence, shall be retained by the City of Anaheim for the public record and shall be available for public inspection. The action taken by the Zoning Administrator on this date regarding conditional use permits and variances is final unless, within 15 days of the Zoning Administrator's written decision being placed in the U.S. Mail, an appeal is filed. Such appeal shall be made at any time following the public hearing and prior to the conclusion of the appeal period. An appeal shall be made in written form to the City Clerk, accompanied by an appeal fee equal to one-half the amount of the original filing fee. The City Clerk, upon filing of such an appeal, will set said conditional use permit or variance for public hearing bef ore the City Council at the earliest possible date. You will be not if ied by the City Clerk of said hearing. . After the scheduled public hearings, members of the public will be allowed to speak on items of interest under "items of Public interest". Such items must be within the jurisdiction of the Zoning Administrator. Each speaker will be allotted a maximum of 3 minutes to speak. Before speaking, please give your name and address and spell your last name. Page 1 0115T _. - ~, ,,~. December 17, 1987 ~'3 REGULAR MEETING OF THE ZONING ADMINISTRATOR FOR PUBLIC HEARINGS la. EIR CATEGORICAL EXEMPTION-CLASS 5 lb. VARIANCE N0. 3712 OWNERS: GARY RICHARD JOHNSON, 268 Flower Street, Costa Mesa, CA 92627 LOCATION: 2200 South Loara Street Waiver of minimum structural setback to retain a trash enclosure in a front yard. Continued from the meeting of November 5, 1987 ZONING ADMINISTRATOR DECISION NO. 2a. EIR NEGATIVE DECLARATION 2b. VARIANCE N0. 3731 OWNERS: KANG-SHEN CHEN AND SHU-JEN CHEN, 1230 Maple Tree Court, La Habra, CA 90631 AGENT: RICHARD HULL, 400 West Lambert Road, $E, Brea, CA 92621or~n LOCATION: 6984 East Overlook Terrace Waivers of (a) minimum structural setback and (b) maximum structural height to construct a 2-1/2 story, 36-foot high single:-family res idence. Continued from the meeting of December 3, 1987. ZONING ADMINISTRATOR DECISION N0. ZA 87-38 3a. EIR CATEGORICAL EXEMPTION-CLASS 3 3b. VARIANCE N0. 3715 OWNERS: LOUIS SHAPIRO, 1345 Pembrooke Lane, Anaheim, CA 92804 LOCATION: 1345 Pembrooke Lane Waiver of maximum fence height in front yard to retain a 6-f oot high fence. Cont inued from the meetings of November 5 and 19, 1987. ZONING ADMINISTRATOR DECISION NO. ZA 87-39 Page 2 Continued 1/28/88 Approved Approved in part. Max.height 36' no window > higher than 30 feet. Modified Cond.#11 & added Cond. #15 Approved in accordance with revised plans.. showing modification of fencing south side of driveway. 12/17/87 t ,L ,' December 17, 1987 4a. EIR CATEGORICAL EXEMPTION-CLASS 5 4b. VARIANCE N0. 3726(READV.) OWNERS: IRAJ H. EFTEKHARI AND FATEMEH GOODARZI, 1940 Old Tustin Santa Ana, CA 92701 AGENT: MASILEILA AND ROJER SULLIVAN, 975 S. La Salle Circle Anaheim, CA 92807 LOCATION: 301 South Penny Lane Waiver of maximum structural height to construct a 2-story, 36.5-foot high single-family residence. Continued from the meeting of November 19,-1987 ZONING ADMINISTRATOR DECISION N0. ZA 87-40 5a. EIR NEGATIVE DECLARATION 5b. VARIANCE N0. 3733 OWNERS: CIBA-GEIGY CORPORATION, 5115 E. La Palma Avenue, Anaheim, CA 92807, ATTN: KENNETH A. CLARK LOCATION: 5115 E. La Palma Avenue Waiver of minimum number of parking spaces to construct a 32,0 square foot addition to an existing industrial building. ZONING ADMINISTRATOR DECISION N0. ZA 87-41 6. ZONING ADMINISTRATOR ADJUSTMENT ITEMS: None 7. ITEMS OF PUBLIC INTEREST: Those persons wishing to address the Zoning Administrator under this item are requested to step to the podium, give your last name and address and spell your last name. None ADJOURNED• 11:45 a.m. AFFIDAVIT OF POSTING i hereby certify that a complete copy of thpi~s agenda was posted at: TIME: ~i c~O ~ ~ 1 1 1 , DATE: ~ D t WHERE: COUNCIL CHAMBER FOYER DISPLAY CASE AND OUTSIDE KIOSK SIGNATURE: O~/O-L~~ (~Cr _ `~~ C Page 3 Denied. Approved Approved with deletion of Conditions #2 & 3. 12/17/87 . „ ,_. REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - DECEMBER 17, 1987 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:30 a.m.,.December 17, 1987, in the Council Chamber. PRESENT: Annika M. Santalahti, Zoning Administrator Lori Duca, Assistant Planner Della Files, Assistant Planner Max Ahmadi, Assistant Planner Pamela Starnes, Secretary ITEM N0. 1. EIR CATEGORICAL EXEMPTION-CLASS 5 AND VARIANCE N0. 3712 PUBLIC HEARING. OWNERS: GARY RICHARD JOHNSON, 268 Flower'Street, Costa Mesa, CA 92627. Subject property is a rectangularly-shaped parcel of land consisting of approximately 0.68 acre, having a frontage of approximately 100 feet on the east side of Loara Street, having a maximum depth of approximately 295 feet and being located approximately 130 feet south~of_the,centerline of Lorane Way and further described as 2200 South Loara Street... Waiver of minimum structural setback to retain a trash enclosure in a front yard. Continued from the meeting of November 5, 1987. At the request of the petitioner, continued from this meeting to the January 28, 1988 Zoning Administrator meeting Since neighbors were present in opposition at the November 5, 1987, hearing, staff notified those people of the requested continuance so they would not attend this hearing unnecessarily. No one indicated their presence on December 17, 1987 for this item. Item continued to January 28, 1988. . ITEM N0. 2. EIR NEGATIVE DECLARATION and VARIANCE N0. 3731 PUBLIC HEARING. OWNERS: RANG-SHEN CHEN AND SU-JEN CHEN, 1230 Maple Tree Court, La Habra, CA 90631. AGENT: RICHARD HULL, 400~West,Lambert Road, #E, Brea, CA 92621. Subject property is an irregularly-shaped parcel of land consisting of approximately 2.45 acres located approximately 200 feet southwest of the intersection of Hidden Canyon Road and Overlook Terrace, having a frontage of approximately 386 feet on the southeast side of Overlook Terrace, having a maximum depth of approximately 484 feet and further described as 6984 Overlook Terrace. Waivers of minimum structural setback and maximum structural height to construct a 36-foot high, 2-1/2 story single-family residence. Continued from the meeting of December 3, 1987, in order for applicant to submit two exhibits of the house. One section showing how the house sets • • MINUTES, ZONING ADMINISTRATOR, DECEMBER 17, 1987 Paqe 2 relative to the north south neighbors, one to the east west neighbors, after final grading has taken place for the house pad and something in writing from his neighbor to the north indicating no concern with the height waiver. There was one person indicating their presence in interest of subject request and although the staff report was not read, it is referred to and made a part of the minutes. Mr. Chen, said his neighbor had signed a copy of the proposed plan indicating he had no problem with the height waiver. Ms. Santalahti, Zoning Administrator, read from the notes she had taken of a telephone conversation held with Mr. Jessen early that morning (copy in file) regarding the archeological site on the property. Mr. Gordon Ruser read a letter (copy in file) from the Sierra Club-regarding the archeological site and the colors to be used on the proposed building which might affect the "view shed". Ms. Santalahti gave applicant the telephone number of Bob Berk, County Harbor, Beaches, Parks and (834-2366), to call if he had any questions or concerns regarding the archeological site. THE PUBLIC HEARING WAS CLOSED: Ms. Santalahti considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received, that there is no substantial evidence that the project will have a significant effect on the environment and therefore the Negative Declaration is approved. Ms. Santalahti, approved the variance, in part, permitting the setback waiver (from the north-south Water district paved access easement along the east property line) and approved the height waiver in the following manner; 36 feet high to the top of the roof with no windows (or part of any window) above the 25-foot level, or 30-foot high to the top of the roof with windows. The setback waiver was granted on the basis that the involved setback is to an access easement (and the property's driveway) used by the water district. The height waiver is granted because the property is below the level of the adjacent street and any nearby developable property, and the maximum building height will not exceed 14 feet above street level. Ms. Santalahti approved the variance with a modification to Condition No. 11 adding that the color of the dwelling shall be off-white or beige stucco walls with a red/brown Spanish-style clay roof and that the building height shall be either (a) thirty xis (36) feet with no windows above the twenty five (25) foot level or (b) thirty (30) feet with windows above the 25-foot level, and • • MINUTES, ZONING ADMINISTRATOR, DECEMBER 17, 1987 Page 3 adding Condition No. 15 that the Archeological Site ORA-321, identified on Exhibit No. 1, shall be maintained as an "open space easement for resource preservation purposes" and that, if the property owner wishes to install any fencing which in any way affects said easements, she/he must first obtain a Public Property Permit from the Department of Harbors, Beaches, and Parks of the Orange County Environmental Management Agency. Ms. Santalahti explained this decision becomes final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is ,filed with the City Clerk within 15 days of the date of the signing of this decision or unless a member of the City Council shall request to review this decision within said 15 days. ITEM N0. 3. EIR CATEGORICAL EXEMPTION-CLASS 3 AND VARIANCE N0. 3715 (READY.) PUBLIC HEARING. OWNERS: LOUIS SHAPIRO, 1345 Pembrooke Lane, Anaheim, CA 92804 Subject property is a rectangularly-shaped parcel of land consisting of approximately 6000 square feet, having a frontage of approximately 60 feet on the west side of Pembrooke Lane, having a maximum depth of approximately 100 feet and being located approximately 92 feet south of the centerline of Pembrooke Lane and further described as 1345 Pembrooke Lane. Waiver of maximum fence height in front yard to retain a 6-foot high fence. Subject petition has been continued from the November 5 and 19, 1987 Zoning Administrator hearings to allow readvertisement of the request and for the property owner to submit revised plans. Said plans have not been submitted. There we're two people indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Lori Duca, Assistant Planner, noted Item No. 6 on page 1 of staff report should to be corrected to read three (3) feet instead of seven (7) from front property line. Mr. Shapiro said he was proposing a structural change on the south wall. He noted there is a 4 foot X 4 foot electrical box just south of the wall and the wall is three feet from the property setback. He noted the portion of the wall above the height of the electrical box would be wrought iron. He said he would like to retain the 4 foot high pilaster. Annika Santalahti, Zoning Administrator, noted that Engineering Standards permit solid fences with a maximum height of 24" in the front setback; however, in this case there is already an existing 42" high electrical box in the front setback. • • MINUTES, ZONING ADMINISTRATOR, DECEMBER 17, 1987 Page 4 Mr. Shapiro, submitted a photograph showing the wall and a new exhibit showing the specific design of the area. He said if he wasn't allowed to retain the pilaster he would put a light fixture on the pole. He noted he proposed no change for the north side. Helen Ford, 1354 Pembrooke Lane, expressed her concern that the wall was actually higher than six foot. Ralph Herdandez, 1351 Pembrooke Lane, said he was mainly concerned about the safety of having a 42" high fence. He noted the electrical box existed when he moved into the neighborhood but there was nothing he could do about it. He also was concerned that the pillars were actually seven foot high. Mrs. Shapiro noted they were not proposing to build the new. wall any higher than the existing wall. THE PUBLIC HEARING WAS CLOSED. Ms. Santalahti asked applicant if he intended to put in the low retaining wall in the front within his property line and he said yes. She noted the fence is measured inside the property line at the highest finished grade from the base of the wall. Ms. Santalahti approved the fence height variance in accordance with revised plans showing modification of fencing on southside of driveway by lowering the block wall and pilasters to no more than forty-two (42) inches in height where located within a nine (9) foot distance from the front property line. Ms. Santalahti explained this decision becomes final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is .,filed with the City Clerk within 15 days of the date of the signing of this decision or unless a member of the City Council shall request to review this decision within said 15 days. ITEM N0. 4. EIR CATEGORICAL EXEMPTION-CLASS 5 VARIANCE N0. 3726(READV.) PUBLIC HEARING. OWNERS:IRAJ H. EFTERHARI AND FATEMEH GOODARZI, 1940 Old Tustin, Santa Ana, CA 92701. Subject property is an irregularly-shaped parcel of land consisting of approximately 0.53 acre, having a frontage of approximately 98 feet on the south side of Mohler Drive, having a maximum depth of approximately 247 feet and being located approximately 200 feet west of the, centerline of Owens Drive and further described as 301 South Penny Lane. Waiver of maximum structural height to construct a 2-story,' 36.5-foot high single-family residence. Continued from the meeting of November 19, 1987 so petitioner could meet with property owners of the adjacent vacant parcels for the purpose of mutually regrading properties to make them more suitable for development. • MINUTES, ZONING ADMINISTRATOR, DECEMBER 17, 1987 Page 5 There were two people indicating their presence in opposition to subject request and one in favor, and although the staff report was not read, it is referred to and made a part of the minutes. Barry Sullivan said he met with the two adjacent property owners and they were not interested in any mutual grading to improve the configuration of the site for development. He described his new exhibits and said he would plant a bank of trees on the southside of the property along the base of the building so the residents across the valley would see. only 25 feet of structure above the tree line. He said he showed his plans to the two adjacent property owners and they had no objections to his proposal. He asked for clarification of what the term highest finished grade meant and Ms. Santalahti said that her method is to measure each segment of the building from the ;top of the roof to the grade directly below that point. She noted that recently there was great concern voiced by both the Planning Commission and City Council regarding. dwelling heights in the scenic corridor.. Mitzi Ozaki, 340 Timken Rd., Anaheim, said this item was advertised as a two-story structure but visually, because of the height, it appears as a three-story structure. She noted many of the residents in the neighborhood were not at home during this time of year, but she had obtained 100 signatures of those that were and they were strongly opposed to this development. She read Title 18.84 of the Anaheim Municipal Code describing the Scenic Corridor Overlay Zone. She said the proposed structure, being 11 1/2 feet above the area standard does not reflect Mohler Drive's rural and secluded life style. She stated other homes built in the area have complied with Scenic Corridor Standards. Fred Kingdon, 2336 N. Batavia, Orange, said he was the agent for the owners of the property at 325 S. Mohler Drive, Larry Fox, another owner and himself. He said they were in favor of the project. He noted there should be three letters in the file, one from each of them and Ms. Santalahti said that was correct. Mr. McNames, 320 S. Timken, Anaheim, said he was not in favor of the project. He expressed his concern that if the variance was granted, Mr. Kingdon would se able to come back and reapply for a variance on his property. He stated the planting of trees was not an acceptable solution as they could be cut down at a later date. He noted he was here representing two other property owners, Wade and William McNames or a total of three sites. Ms. Santalahti noted the record of survey was done in either 1976 or 1977 and that the property was subdivided under the current zoning regulations as well as the scenic corridor overlay standards. Mr. Sullivan said he had explored other designs for his house but the costs were prohibitive. He could build an 18 foot high retaining wall, put backfill against the wall, and it would cost about $30,000 and the net result would be • • MINUTES, ZONING ADMINISTRATOR, DECEMBER 17, 1987 Page 6 that views from that side of the valley would be of a bare concrete retaining wall and a 25 foot structure above that. He said he wasn't sure if the 100 people who signed the petition actually understood what he wanted to do. He also noted that if he was going to spend a large sum of money to plant trees he certainly wouldn't turn around and cut them down. PUBLIC HEARING CLOSED: Ms. Santalahti stated that the previous property owner, who subdivided the property, is the one who has created the difficulty of developing this parcel of land. She noted that even though the property is difficult, it is not unusual for that area. She said other houses have been built in the past on similar lots that confirmed to code. She noted there was the possibility a split-level house might be built on this property. Ms. Santalahti considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received, that there is no substantial evidence that the project will have a significant effect on the environment and therefore the Negative Declaration is approved. Ms. Santalahti denied the variance on the basis that his lot was actually subdivided to the minimum lot size requirement when the current Scenic Corridor and the RS-HS-22,000 height regulations already existed and that apparently no consideration (such as a larger lot size) was given because of the steepness of the property which makes it difficult to develop. She noted, therefore, the need for the variance was self-created. Ms. Santalahti explained this decision becomes final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 days. of the date of the signing of this decision or unless a member of the City Council shall request to review this decision within said 15 days. ITEM N0. 5. EIR NEGATIVE DECLARATION VARIANCE N0. 3733 PUBLIC HEARING. OWNERS:CIBA-GEIGY CORPORATION, 5115 E. La Palma Avenue, Anaheim, CA 92807. REPRESENTATIVE: KENNETH A. CLARK. Subject property is a rectangularly-shaped parcel of land consisting of approximately 18 acres, having a frontage of approximately 810 feet on the north side of La Palma Avenue, having a maximum depth of approximately 966 feet and being located approximately 480 feet east of the centerline of Kellogg Drive and further described as 5115 East La Palma Avenue. Waiver of minimum number of parking spaces to construct a 3-2,058 square foot addition to an existing industrial building. • • MINUTES, ZONING ADMINISTRATOR, DECEMBER 17, 1987 Page 7 There was no one indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Mr. Clark described the traffic study they had prepared. He said they would like Condition No. 2 requiring all small car parking spaces to have a minimum dimension of 8-foot wide be deleted since they had recently restripped the parking lot and the dimensions are 7 1/2 feet wide. He said they would also like Condition No. 3 deleted because if they made any additional structural changes they would have to come into the Planning Department and Building Division for permits. PUBLIC HEARING CLOSED: Ms. Santalahti asked petitioner if they could provide the code required parking spaces. He replied yes. He said they have a 50-foot landscaped setback; however, since they currently did not need the parking spaces they would prefer to retain the landscaping. Ms. Santalahti considered the Negative Declaration together with any comments received during the public review process, and further finding on the basis of the initial study and any comments received, that there is no substantial evidence that the project will have a significant effect on the environment and therefore the Negative Declaration is approved. . Ms. Santalahti approved the variance with the deletion of Condition Nos. 2 and 3 provided, however, that there shall be either a (a) minimum of four hundred (400) parking spaces if the width of the small car spaces is 7 1/2 feet or (b) a minimum of three hundred ninety (390) spaces if the width of the small car spaces is eight (8) feet, and on the basis of the standard parking finding that space for code required on-site parking is available in the front landscaped setback if needed in the future, and the fact if they made any additional structural changes they would have to come into the Planning Department and Building Division for permits. Ms. Santalahti explained this decision becomes final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 days of the date of the signing of this decision or unless a member of the City Council shall request to review this decision within said 15 days. • • MINUTES, ZONING ADMINISTRATOR, DECEMBER 17, 1987 Page 8 ITEMS OF PUBLIC INTEREST: There was no one indicating a desire to speak. ADJOURNMENT• There being no further business, Ms. Santalahti adjourned the meeting at 11:45 a.m. Minutes prepared by: Pamela H. Starnes, Secretary 0542p Minutes approved by: ~~~~ Annika M. Santalahti Zoning Administrator