Minutes-ZA 1988/04/21r~ y
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A C T I O N
AGENDA
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, APRIL 21, 1988, 9:30 A.M.
Procedure to Expedite Meeting:
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 served.
All documents presented to the Zoning Administrator for 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 before the City Council at the
earliest possible date. You will be notified 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.
0152T
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April 21, 1988
la. CEOA NEGATIVE DECLARATION
lb. VARIANCE N0. 3776
OWNERS: GERALD R. BUSHORE AND BEVERLY V. BUSHORE, 5483 West Street,
Anaheim, CA 92805
LOCATION: 381 South Henning Way
Waivers of (a) maximum structural height and (b) minimum corral
setback to construct a 33-foot high single-family residence and 1
horse corral.
Continued from meeting of April 7, 1988.
ZONING ADMINISTRATOR DECISION NO.ZA88-21
2a. CEOA CATEGORICAL EXEMPTION-CLASS 5
2b. VARIANCE N0. 3712 (READVERTISED)
OWNER: GARY RICHARD JOHNSON, 268 Flower Street, Costa Mesa, CA
92627
LOCATION: 2200 South Loara Street
Petitioner requests approval of a 60 day extension of time and
deletion of Condition No. 4 of ZA88-O1 pertaining to removal and
relocation of an existing trash enclosure located in a front yard.
Property is approx. .68 acre, on the east side of Loara Street,
approx. 130 feet south of the Centerline of Harbor Boulevard.
ZONING ADMINISTRATOR DECISION N0. ZA 88-22
3a. CEOA NEGATIVE DECLARATION
3b. VARIANCE N0. 3768 (READVERTISED)
OWNER: RATHERINE WESOLOSKY, 705 West Victor, Anaheim, CA 92801
AGENT: MARR RIAFAR, 300 N. Tustin #201, Santa Ana,. CA 92705
LOCATION: 705 West Victor Street
Waivers of (a) maximum structural height, and (b) minimum side yard
setback to construct a 5-unit apartment building.
ZONING ADMINISTRATOR DECISION N0.
Approved with
modification
of Condition
No. 7.
pproved , in
art, giving
0-day extension
edification of
ondition No. 1
pheld previous
ecision.
Ctem had 4
oaivers (c &d)
iot advertised.
dill be heard
~y Planning
commission &
2e advertised
`or Public
3e aring .
4/21/88
Page 3
April 21, 1988
4a. CEOA CATEGORICAL EXEMPTION-CLASS 3A Approved, in
4b. VARIANCE N0. 3781 art, setback
OWNERS: JACK G. SALYER AND CHRISTINE R. SALYER, 18082 Lantana aiver deleted.
Drive, Yorba Linda, CA 92686 30'• feet:' froin','~.:~
AGENT: THOMAS Q. NICHOLSON, 315 Black Oak Road, Anaheim, CA ~idgeline to
92807 finished grade
esterly front
LOCATION: 5106 East Crescent Drive side of house.
- Applicant to
Waivers of (a) maximum structural height, and (b) minimum front ring in
setback to construct a 2 and 3 story, (43 foot high to chimney and 40 revised plans
foot high to roof peak) single-family residence. 'n 3 weeks
showing same.
DECISION DATE
Decision has a 15-day appeal period.
ZONING ADMINISTRATOR DECISION N0: ZA 88-23
5. ZONING ADMINISTRATOR ADJUSTMENT ITEMS:
A. ADMINISTRATIVE ADJUSTMENT N0. 0005 AND_CEQA__NEGATIVE
DECLARATION: Request to construct 5 single-family residences
with waivers of maximum structural height (25 feet permitted; 27
feet proposed). Generally located south and west of the
intersection of Bauer Ranch and Monte Vista Road, approximately
460 feet west of the centerline of Monte Vista Road.
Decision to be made on April 22, 1988.
ZONING ADMINISTRATOR DECISION N0.
6. INFORMATIONAL ITEMS:
A. ARCADE PERMIT N0. 1002: To permit a 49-machine arcade at 1233
S. Euclid.
Decision to be made on April 22, 1988. Decision has a 10-day
appeal period to City Council.
7. ITEMS OF PUBLIC INTEREST
Sonja Grew al spoke.
Linda Horning spoke.
Received
written
opposition ,
will be set
for Public
Hearing and
re advertised.
for either
Zoning Admin.
or Ping Comm.
Appeal period
ends tonight
at 5:OOp.m.
We have
received
letters of.
opposition but
not 50~ at
this time:
4/21/88
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AFFIDAVIT OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
LOCATIONS: COUNCIL CHAMBER DISPLAY CASE
(TI ) A E) AND COUNCIL DISPLAY RIOSR
SIGNED
Page 4
4/21/88
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REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
MINUTES - APRIL 21, 1988
The regular meeting of the Anaheim City Zoning Administrator was called to
order by Annika Santalahti, Zoning Administrator, at 9:35 a.m., April 21,
1988, in the Council Chamber.
PRESENT•
Annika M. Santalahti, Zoning Administrator
Lori Duca, Assistant Planner
Pamela Starnes, Secretary
ITEM NO 1 CEOA NEGATIVE DECLARATION, VARIANCE N0. 3776
PUBLIC HEARING: OWNERS: GERALD R. BUSHORE AND BEVERLEY V. BUSHORE, 548.5.
West Street, Anaheim, CA 92805. Subject property is an irregularly-shaped
parcel of land consisting of approximately 1.0 acre, having a frontage of
approximately 137 feet on the west side of Henning Way, having a maximum depth
of approximately 363 feet and being located approximately 1,100 feet south of
the intersection of Quintana Drive and Henning Way and further described as
381 South Henning Way.
Waivers of maximum structural height and minimum corral setback to construct a
33-foot high single-family residence and 1 horse corral.
Continued from meeting of April 7, 1988.
One person indicated their presence in favor; no one indicated their presence
in opposition, and no correspondence was received.
Gerald Bushore, 548 S. West St., said he had spoken to Engineering, and they
agreed the Condition they had originally imposed was not necessary, so it had
been deleted. He noted his architect said it would take about 30 hours of
redesigning to lower the roof line. He said the architect noted it would
definitely take away from the appearance of the house. Mr. Bushore submitted
four pictures and a map of the area. 1) Looking southerly at a home which is
at a higher elevation, and is most directly affected, showing the elevation
differential, 2) looking southwesterly across the ravine at two homes which
are at a higher elevation, 3) looking to the east which is'vacant, and 4)
looking northwesterly to a home situated at a lower elevation. Mr. Bushore
read Section 18.230.62 regarding structural height limitations into the
record. He said he believes his structure is two-feet under the ordinance for
that zone, but would be considered three-feet over because of the Scenic
Corridor Overlay Zone. He said he felt there were unusual circumstances
involved with the property and he should be granted a variance.
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MINUTES ZONING ADMINISTRATOR- APRIL 21 1988 Page 2
Mrs. Staudte, 391 S. Henning Way, said she and her husband had no objections
to Mr. and Mrs. Bushore's proposal. She said applicant has kept them very
well informed on the project.
Mr. Bushore said he met with Fire Department personnel on several occasions
and they still have not come to an agreement on the fire sprinkler issue. He
restated his concern that the sprinklers might go off unnecessarily and cause
damage to his house. He felt that because of the installation of a fire
hydrant at Henning Way, and the relocation of his proposed house closer to and
about 120 feet from the road instead of the original 160 feet, this
requirement could be eliminated. He said he would have no problem with
installing fire sprinklers in his ,garage, which will be behind the house and
much further to the west.
PUBLIC HEARING WAS CLOSED:
Ms. Santalahti said she had gone out and viewed the property again since the
last meeting. She verified the house to the south, which has a view looking
across the property, was 200 feet or more away from where Mr. Bushore's new
dwelling would located; that the existing structures to the west were 300 feet
across the ravine; going uphill there would be a grade differential of
approximately 9 feet, and the structure to the north was approximately 20 feet
downhill. Mr. Bushore said that was correct.
Ms. Santalahti approved the Negative Declaration. She granted the Variance on
the basis that the proposed corral location would have a minimal and/or no
impact on adjacent residential properties because it would be located adjacent
to a deep undevelopable ravine (west) and/or next to a side property line
where the closest dwelling was more than 100 feet away (north or south); and
that the proposed building height would have only a minimal visual impact on
any nearby properties because the proposed dwelling would be at a grade
substantially above the lot to the north (over 12-foot difference),
substantially below the lot to the south (over 9-foot difference) and, would
be located more than 200 feet from any dwellings on adjacent parcels. She
noted that the proposed house would be built on two grade '.levels resulting in
a 28-foot height as measured on the south and a 33-foot height as measured on
the north. Ms. Santalahti modified Condition No. 7 to read, that fire
sprinklers shall be installed as may be required by the City Fire Marshall,
based on accessibility for emergency vehicles, including appropriate grade of
the access streets.
This decision shall become final unless an appeal to the City Council, in
writing, accompanied by an appeal fee, is filed with the City Clerk within 15
davs 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.
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MINUTES ZONING ADMINISTRATOR APRIL 21 1988 Page 3
ITEM NO 2 CEOA CATEGORICAL EXEMPTION-CLASS 5, VARIANCE N0. 3712 (READVERTISED)
PUBLIC HEARING: OWNER: 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.
Request is for approval of a 60 day extension of time and deletion of
Condition No. 4 of ZA 88-01 pertaining to removal and relocation of an
existing trash enclosure located in a front yard. Property is approximately
0.68 acre, on the east side of Loara Street, approximately 130 feet south of
the centerline of Lorane Way.
There were four people indicating their presence in opposition; two people
indicating their desire to speak, and no correspondence was received.
Gary Johnson noted he had written a letter to Ms. Santalahti. He stated they
agreed to all the Conditions at the original hearing except for Condition No.
4 concerning the relocation of the trash enclosure. He referred to a diagram
previously submitted showing the trash enclosure; the fact the driveway was
one-way and exited to Loara, and the signs posted stating one-way do not
enter. He said he did not feel the current location of the trash enclosure
created a safety hazard for the elderly and children of the neighborhood. He
noted if he put doors on the trash enclosure, and covered the trash containers
the odor problems would be eliminated.
Max Schwartz, 2139 S. Loara, said he lives across the street from this
project. He said this was the third time he had appeared"in opposition to
this proposal. He stated there was an enormous amount of .trash on the street
from the apartment complex. He noted there were less people here in
opposition because they could not afford to keep taking time off of work to
attend the hearings. He said the trash enclosure was built without a permit,
did not meet Code, and should be removed.
Lou Puccio, 1599 W. Lorane Way, said he views the trash enclosure from his
dinning room, and when there is a crosswind he can smell the odor from the
trash. He felt there was a safety factor with people pulling in and out of
the driveways. He said the trash enclosure was built illegally, and should
not be allowed to remain.
Mr. Johnson said the reason he had not put doors on the trash enclosure was
because he had not gotten approval for it to remain in the existing location.
He said he could have the trash picked up four times a week if necessary.
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MINUTES, ZONING ADMINISTRATOR, APRIL 21, 1988 Page 4
PUBLIC HEARING WAS CLOSED:
Ms. Santalahti noted, for the record that, at November 5, 1987 public hearing,
six people spoke in opposition and a petition containing 28 signatures was
submitted. She said at the January 28, 1988 public hearing, two people spoke
in~opposition.
Ms. Santalahti said there was a safety factor when putting any structure in a
front setback near driveways and sidewalks. She said it is bad enough to keep
trash around for awhile before it's collected, let alone keep it where it's
disturbing to the surrounding neighbors. She noted that even single-family
residents are supposed to keep trash cans out of public sight.
Ms. Santalahti said she will approve this in part, giving a 60-day period of
time in which to comply with the Conditions, modifying Condition No. 1; and
that her original decision stands, to allow the enclosure only if it is
relocated seven feet (7) back from the sidewalk on Loara and three (3) feet
back from the northerly driveway (to prevent the trash enclosure doors from
opening into said driveway); that seven feet will allow landscaping to be
planted in the front of the enclosure and would screen it to some extent; and
that low growing landscaping (such as low bushes) shall be planted in front of
the trash enclosure. Condition No. 1 was modified at the request of the City
Engineer to read: That sidewalks and driveways shall be removed and/or
reconstructed along Loara Street as required by the City Engineer and in
accordance with standard plans and specification on file in the office of the
City Engineer. The other previous Conditions will be retained.
This decision shall become final unless an appeal to the City Council, in
writing, accompanied by an appeal fee, is filed with the City Clerk within 1_5
davs 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 NEGATIVE DECLARATION, VARIANCE N0. 3768 (READVERTISED)
PUBLIC HEARING: OWNER: KATHERINE WESOLOSKY, 705 West Victor, Anaheim, CA
92801. AGENT: MARK KIAFAR, 300 N. Tustin #201, Santa Ana, CA 92705.
Subject property is rectangularly-shaped parcel of land consisting of
approximately 0.3 acre, having a frontage of approximately 60 feet on the
north side of Victor Avenue, having a maximum depth of approximately 201 feet
and being located approximately 1,000 feet west of the centerline of harbor
Boulevard and further described as 705 West Victor.
Waivers of (a) maximum structural height, and (b) minimum side yard setback to
construct a 5-unit apartment building.
The above referenced item was not considered this date by the Zoning
Administrator because revisions were not made to the plans reducing the
necessary number of waivers from four to two. In accordance with Anaheim
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MINUTES ZONING ADMINISTRATOR, APRIL 21, 1988 Page 5
Municipal Code Section 18.12.060, the Zoning Administrator cannot act on any
item with more than two waivers, therefore, the petition must be scheduled and
advertised for City Planning Commission consideration. '
A letter was sent to the applicant, and the applicant's agent; advising them
to contact a zoning representative in the Planning Department for assistance
in readvertising the project for a public hearing before the Planning
Commission
ITEM NO 4 CEQA CATEGORICAL EXEMPTION-CLASS 3A, VARIANCE N0. 3781
PUBLIC HEARING: OWNERS: JACK G. SALYER AND CHRISTINE R. SALYER, 18082
Lantana Drive, Yorba Linda, CA 92686. AGENT: THOMAS Q. NICHOLSON, 315 Black
Oak Road, Anaheim, CA 92807. Subject property is an irregularly-shaped
parcel of land consisting of approximately 1.0 acre having a frontage of
approximately 200 feet on the east side of a private access easement from
Crescent Drive, having a maximum depth of approximately 151 feet and being
located approximately 131 feet south of the centerline of Crescent Drive and
230 feet east of the centerline of Crisalta Way and further described as 5106
East Crescent Drive. (Previously advertised as 5128 East Crescent Drive).
Waivers of maximum structural height, and minimum front setback to construct a
2 and 3 story, (43 foot high to chimney and 40 foot high to roof peak)
single-family residence.
There were two people indicating their presence in opposition, and no
correspondence was received.
Mr. Salyer noted a portion of their lot fell approximately. l0 feet, and they
took advantage of that by putting in a basement which made this a three-story
dwelling. Referring to a topographic map of the Santa Ana Canyon area (which
is in the file), he said he met last evening with the neighbors on lots I, J H
& F, and said they had no problems with his proposal. He said neighbors of
the remaining lots also voiced no opposition. He said lots A, B, C, & D are
separated from view by a row of 50 foot high eucalpytus trees. He noted Lots
H & I were lower, and that his lot was on a private drive which was not
heavily travelled. He said he would be occupying the home;.
Roland Krueger, 561 Peralta Hills Dr., said he was a close neighbor to this
lot. He noted his concerns about upholding the integrity of the zoning and
development standards of the area. He said when Peralta Hills residents
voluntarilly annexed to the City of Anaheim, they were assured by the City
Council that the development standards of the Peralta Hills area would be
upheld. He said there was a lot similar to this one below his property, and
he would not want it developed in this manner. He said it was important to
preserve the area. He noted that hardships should be related to the land, and
not to a builder's design. He felt everyone needed to abide by the rules.
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MINUTES ZONING ADMINISTRATOR, APRIL 21, 1988 Page 6
Ms. Santalahti noted the setback waiver had been eliminated.
Sonja Grewal, 6312 Santa Ana Canyon Road, said the City Council had adopted a
Resolution that the standards of the area would be maintained. She expressed
her concern for the overall picture, and noted the emotional attachment the
residents had for the area. She noted it did not mean the surrounding
property owners were not opposed, just because they were not present.
Mr. Salyer said he felt it was significant that the neighbors directly
affected were not opposed to his project.
PUBLIC HEARING WAS CLOSED:
Ms. Santalahti noted that Resolution No. 70R-283 adopted in 1970 preceeded the
Santa Ana Canyon Task Force.
Ms. Santalahti inquired about the grading plans. Mr. Salyer said they
currently planned to cut into the slope for the basement and use that
excavated earth to balance the other on-site grading.
Ms. Santalahti noted that what Mr. Krueger had said, relative to some of the
promises given to Peralta Hills residents regarding maintaining low density
development was true.
Ms. Santalahti said what concerned her most, was that this was a three-story,
40-foot high roof ridgeline proposal, located on a gently sloped lot.
Mr. Salyer noted one of the things his neighbors liked was, the fact he would
not be close to the property lines, and if he redesigned and spread his house
out to get the same square footage, his neighbors would be displeased. He
said the facade wall is 30 foot and the roof makes it 40 foot.
Ms. Santalahti said applicant in effect had three stories because of the
french doors to the "basement".
Applicant said the roof was 6 to 12 high and it was about as low as you could
go to maintain the looks of the houes.
Ms. Santalahti asked if he could redesign his house and he said it would be a
hardship because of increased grading and building costs to get the .same
square footage.
Mr. Salyer pointed out that the 40 foot height was actually a very small
portion of the structure.
Ms. Duca said the portion of the structure exceeding 25 feet was approximately
130 square feet. She noted the ridgeline was 42 feet long, 20 feet wide and
20 feet long to the south.
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MINUTES, ZONING ADMINISTRATOR, APRIL 21, 1988 Page 7
Mr. Krueger said the proposed variance didn't look to severe, but noted the
philosophical problem caused when others in the area feel they should be
granted the same thing.
Ms. Santalahti asked applicant if he could bring the ground level straight
across the front elevation making the front height 30 feet from ridgeline to
finished grade on the westerly front side of the house. Mr. Salyer said he
could, and agreed to bring in revised plans showing same within three weeks.
Ms. Santalahti noted this item was Categorically Exempt.
Ms. Santalahti approved this variance, in part, setback waiver denied because
need for waiver was eliminated after the public advertisement. She granted
the variance on the basis that the proposal (consisting of a portion of the
roof ridgeline and 2 chimneys) would have minimal visibility from nearby
dwellings and private access drive; the grade differential between the
applicant's property and adjoining parcels; the proposed dwelling was less
than 24 feet high as viewed from the south; the northerly portion of the house
exceeds 25 feet in height with the northerly elevation having the greatest
visual difference between finished grade and roof ridgeline; the east and west
building elevations are split level with building heights ranging from 18 to
34 feet along the west elevation, and 18 to 43 feet (chimney) along the east
elevation; and that the submitted plans will be modified to show a maximum
building height of thirty (30) feet from finished grade to roof ridgeline
along the west elevation of the house which is the only side visible from the
private access drive along the west property line.
This decision shall become final unless an appeal to the~City Council, in
writing, accompanied by an appeal fee, is filed with the City Clerk within 15
davs 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. ZONING ADMINISTRATOR ADJUSTMENT ITEMS:
A. ADMINISTRATIVE ADJUSTMENT N0. 0005 AND CEQA NEGATIVE DECLARATION:
Request to construct 5 single-family residences with waivers of maximum
structural height (25 feet permitted; 27 feet proposed). Generally located
south and west of the intersection of Bauer Ranch and Monte Vista Road,
approximately 460 feet west of the centerline of Monte Vista Road.
Ms. Santalahti said written opposition had been received so this item would be
scheduled for a public hearing. She said in this case four or five letters
had been received in opposition, however, even if only one letter had been
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MINUTES, ZONING ADMINISTRATOR, APRIL 21, 1988 Page 8
received this item would have had to be scheduled for a public hearing. She
stated this item might be heard by the Planning Commission rather than the
Zoning Administrator because of the amount of written opposition received.
She said it would be readvertised and set for a public hearing.
ITEM N0. 6 INFORMATIONAL ITEMS:
A. ARCADE PERMIT N0. 1002: To permit a 49-machine arcade at 1233 S. Euclid.
Ms. Santalahti said the 10-day period for written opposition would end at 5:00
p.m. this date. She noted letters had been received in opposition but they
did not know at this time if they would exceed 50~. She said it would not be
known until 5:00 p.m. if this item would be approved or not. She stated the
decision would have a 10-day appeal period to City Council.
ITEM N0. 7 ITEMS OF PUBLIC INTEREST:
Sonja Grewal spoke on the Administrative Adjustment.
Linda Horning spoke on the Administrative Adjustment.
ADJOURNMENT•
There being no further business, Ms. Santalahti adjourned the meeting at 11:30
a.m.
Minutes prepared by:
Pamela H. Starnes, Secretary
Minutes approved by:
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Annika M. Santalahti
Zoning Administrator
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