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Minutes-ZA 1990/08/09! • A C T I O N '_'~GERD7~'_.. . REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, AUGUST 9, 1990, 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. 1869H Page 1 . •• • REVISED PAGE 2 (8-7-90) la. CEOA NEGATIVE DECLARATION lb. CONDITIONAL USE PERMIT N0. 3313 OWNER: MARIANA & HELMUT PETERMANN, 5213 Rolling Hills Drive, Anaheim, CA 92807. LOCATION: 5213 East Rolling Hills Drive. Property is approximately .25 acre located on the north side of Rolling Hills Drive approximately 80 feet west of the centerline of Rolling Hills Place. To permit a satellite dish in a residential zone. Continued from Zoning Administrator meeting of July 26, 1990. ZONING ADMINISTRATOR DECISION N0. 2a. CEOA CATEGORICAL EXEMPTION - CLASS 2 2b. VARIANCE N0. 4074 OWNER: GEORGE BEHNAM, KANAL WISSA, 1240 N. Van Buren #113, Anaheim, CA 92807. LOCATION: 221 West Santa Ana Street. Property is approximately .17 acre located at the northeast corner of Santa Ana Street and Clementine Street. Waiver of minimum structural setback to construct a 4-unit apartment building. ZONING ADMINISTRATOR DECISION N0. ZA90-57 CONT. UNTIL i0/o4/go APPROVED 8-9-90 Page 2 la. CEOA NEGATIVE DECLARATION lb. CONDITIONAL USE PERMIT N0. 3313 OWNER: MARIANA & HELMUT PETERMANN, 5213 Rolling Hills D ive, Anaheim, CA 92807. LOCATION: 5213 East Rolling Hills Drive. Property is proximately .25 acre located on the north side of Rolli g Hills Drive approximately 80 feet west of the centerl' a of Rolling Hills Place. To pe mit a satellite dish in a residential zone. Continu from Zoning Administrator meeting of July 26, 1990. ZONING AD NISTRATOR DECISION N0. 2a. CE A CATEGORI L EXEMPTION - 2b. VARIANCE N0. 40 4 OWNER: GEORGE~$EHNAM, KANAL WIS~A, 1240 N. Van Buren #113, Anaheim, CA 92807. LOCATION: 221 West Sa to Ana S eet. Property is approximately .17 acre located at the northeast corner of Santa Ana Canyon Road and Clem ti Street. Waiver of minimum structur setback to construct a 4-unit apartment building. ZONING ADMINISTRATOR D~"CISION 8-9-90 Page 2 ,. • 3a. CEOA CATEGORICAL EXEMPTION - 5 3b. VARIANCE N0. 4075 OWNER: VANDERBILT L.T.D., 27122-B Paseo Espada #1021, San Juan Capistrano, CA 92675. AGENT: DILIP SIDHPURA, c/o CONROY'S FLOWERS, 8285 E. Santa Ana Canyon Road, Anaheim, CA 92807. LOCATION: 8285 East Santa Ana Canyon Road. Property is approximately 1.96 acres located at the northwest corner of Weir Canyon Road and Santa Ana Canyon Road. Waiver of maximum number of wall signs. ZONING ADMINISTRATOR DECISION N0. 4a. CEOA CATEGORICAL EXEMPTION-CLASS 1 4b. VARIANCE N0. 4076 OWNER: BERNARD & ERIKA NICHOLAS, 7340 Hacienda Street, Anaheim, CA 92804. LOCATION: 1340 South Hacienda Street. Property is approximately .20 acre located at the northeast corner of .Hacienda Street and Palais Road. Waiver of minimum front yard setback to construct a garage and room additions. ZONING ADMINISTRATOR DECISION N0. ZAy0-58 :~Referr:ed ~toFthe Planning. Commission meeting of 8-13-90' ANPROVED 8-9-90 Page 3 • • REVISED PAGE 4 (8-7-90) 5a. CEOA NEGATIVE DECLARATION 5b. VARIANCE N0. 4078 CITY OF ANAHEIM OWNER: Q~lkf ~~Q~X~QQ~~~~~ ~iQ~~TQ~, 300 South Harbor Blvd., Suite 900, Anaheim, CA 92805. LOCATION: Sanderson Avenue. Property is approximately 16.13 acres located on the northeast side of Sanderson Avenue approximately 33 feet north and east of the centerline of Auto Center Drive. Waiver of required lot frontage to establish a 5-lot subdivision. ZONING ADMINISTRATOR DECISION N0. ZA90=, 59 6a. CEOA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT N0. 3316 FUKUEA OWNER: ROSE C. Effig~ffiffiA, 332 Peralta Hills Drive, Anaheim, CA 92807. AGENT: ISAMU SAM MORITA, 332 Peralta Hills Drive, Anaheim, CA 92807. LOCATION:- 1920 East Center Street. Property is approximately .36 acre located on the south side of Center Street approximately 360 feet west of the centerline of State College Boulevard. To permit a day care center for 70 children with waiver of maximum fence height. ZONING ADMINISTRATOR DECISION N0. ZA90-60 APPROVED I NPPtcOVED 8-9-90 Page 4 • 5a. CEOA NEGATIVE DECLARATION 5b. VARIANCE N0. 4078 OWNER: ANAHEIM REDEVELOPMENT AGENCY, 300 South Harbor B1 d., Suite 900, Anaheim, CA 92805. ON: Auto Center Drive. Property is approximately 6.13~acres located on the northeast side of Sanderson enue approximately 33 feet north and east of th centerline of Auto Center Drive. Waiver of required lot frontage to establish a 5- t subdivision. ZONING INISTRATOR DECISION N0. 6a. 6b. OWNER: ROSE FUICIDA, 332 Peralta Hills Drive, Anaheim, CA 92807. AGENT: ISAMU S MORITA, 332 Per to Hills Drive, Anaheim, CA 92807. LOCATION: 1920 East Ce ter Stre Property is approximately .36 acre located the outh side of Center Street approximately 0 et west of the centerline of State College Boulevar To permit a day care cent fo 70 children with waiver of maximum fence height. ZONING ADMINISTRATOR D CISION N0. 8-9-90 Page 4 ~: ~ r 7a. CEOA CATEGORICAL EXEMPTION-CLASS 3 7b. CONDITIONAL USE PERMIT N0. 3320 OWNER: CONRAD S. & PATRICIA G. MOSS ,241 South Yorkshire Circle, Anaheim, CA 92805. AGENT: VERONICA N. NORRIS, Attorney at Law, 17821 East 17th Street, Suite 240, Tustin, CA 92680. LOCATION: 241 South Yorkshire Circle. Property is approximately 0.22 acre located on the westerly side of Yorkshire Circle approximately 205 feet north of the centerline of Mohler Drive. To permit a satellite dish in a residential zone. ZONING ADMINISTRATOR DECISION N0. 8. INFORMATIONAL ITEMS: A. AMUSEMENT ARCADE PERMIT N0. 1006: To permit 40 amusement devices at 1700 South Anaheim Boulevard. (End of public notice period: August 9, 1990). z,g yp_61 9. ITEMS OF PUBLIC INTEREST: CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: ~~ O ~• ~ - ~ - 1 O LOCATIONS: COUNCIL CHAMBER DISPLAY CASE (TIME (DATE) AND COUNCIL DISPLAY KIOSK SIGNED• I 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 in a written correspondence delivered to the Zoning Administrator or City Council at, or prior to, the public hearing. CON'T UNTIL 9i6 at R~QU~Sfi OE APPLICANT WILL f3E APPROVED IF NO OPPOSITION KECIEVED 8-9-90 Page 5 f • • REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - AUGUST 9, 1990 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:35 a.m., August 9, 1990, in the Council Chamber. PRESENT• Annika M. Santalahti, Zoning Administrator Leonard Mc Ghee, Senior Planner Selma Mann, Deputy City Attorney Pamela Starnes, Executive Secretary Annika Santalahti, Zoning Administrator, explained the procedures for the meeting and that anyone desiring to speak about matters other than the agendized items would have the opportunity to be heard at the end of the meeting. ITEM N0.1 CEOA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT N0. 3313 PUBLIC HEARING: OWNER: MARIANA & HELMUT PETERMANN, 5213 Rolling Hills Drive, Anaheim, CA 92807. Subject property is a rectangularly-shaped parcel of land consisting of approximately 0.25 acre, having a frontage of approximately 73 feet on the north side of Rolling Hills Drive, having a maximum depth of 152 feet, being located approximately 80 feet west of the centerline of Rolling Hills Place, and further described~as 5213 East Rolling Hills Drive. To permit a satellite dish in a residential zone in the Scenic Corridor. Continued from Zoning Administrator meeting of July 26, 1990. There were two people indicating their presence in opposition and no correspondence was received. Ms. Petermann said she spoke to the technician from Sears and he said that the satellite dish will not interfere with the surrounding neighbors television reception. Mr. French, who was in opposition and spoke at the last meeting was present. He indicated he did not wish to speak today as he felt he had said everything at the last meeting.' • • MINUTES, ZONING ADMINISTRATOR, AUGUST 9, 1990 PAGE 2 Mr. R. P. Johnson, 5214 Honeywood Lane, Anaheim, said this property was on his southside and he looked directly up the hill. at this huge black dish. Ms. Santalahti asked if he was the property owner immediately abutting the property. Mr. Johnson said yes and noted there was a right-of-way between the two of them. He said it has been his experience that people buy hill lots for view purposes and do everything they can to prevent blockage of the view. He said that those living at the bottom of the hill have to look up at the side of the hill, which is not too well kept, and now there is a large dish. He said he realized that the deed restrictions, built into the tract originally, are not enforceable by the City of Anaheim. He said there are no antennas on roofs of the houses, there are no exposed electrical or telephone wires or cables, or any other exposed things to hamper the aesthetics of the community. He said he felt if the dish were put back further towards the house, in and amongst the shrubbery he would have no objections. He said because of where it is located he can see it from his kitchen window and about 60~s of his back yard. He said he did have shrubs and trees that block out the hill but they're not sufficient enough to block out this dish. Ms. Santalahti said when she went and looked at the property from Honeywood Lane she could see the dish in profile. She said if you moved it 50 feet or so to the east it might be less visible. Ms. Petermann said if they moved it the technician said he was not sure they would be able to get a strong enough signal. She also noted that they had to look down on Mr. Johnson's second story house. Ms. Santalahti asked what direction the dish was facing. Ms. Petermann said east to west and it rotates depending upon what station they were watching. Ms. Santalahti said there need to be efforts made to conceal or camouflage the dish as much as possible. Ms. Santalahti asked Mr. Johnson if his impression was the same as hers in that if the dish were moved further to the east it would be more against the hillside. Mr. Johnson said the hill runs east and west and he believed the property depth on Mrs. Petermann's property was the same on the east and on the west. He said he felt if it were moved closer to the home, back in to where the shrubs are that it would prevent any one from seeing it from the east or the west. He said he is north of them and the dish is visible from three sides. He said he noticed in the staff report, Item No. 9, that it was visible from the east and south and that is not true, it is visible from the north, east and west. Ms. Santalahti asked staff to correct the staff report before it went to the City Council. • • MINUTES, ZONING ADMINISTRATOR, AUGUST 9, 1990 PAGE 3 Ms. Santalahti said if it were moved further to the east it appeared that it would be in front of the building and she asked if Mr. Johnson were suggesting that if it moved up also that it would start to go into shrubbery or was he talking about being moved basically into their back yard. Mr. Johnson said basically into their back yard. Ms. Santalahti said apparently there is a low brick wall and did Mr. Johnson mean it should go behind that. Mr. Johnson said yes, and noted the brick wall was about a foot high. He said there were other dishes in the neighborhood that were well concealed. He said they were located close to owners' houses and had shrubbery around the them. Ms. Santalahti asked Ms. Petermann to come up and point out on the aerial photo where the dish was located. Discussion took place between the two. After the discussion Ms. Santalahti informed the audience she had asked Ms. Petermann to basically show her as close as she could on the aerial map where the dish was located because Ms. Santalahti had figured the dish to be located further down the hill then it was. She said she was also looking at the photos which were submitted. She said she wanted to find out how much lower the dish could be, could it be repainted a beige color so it would blend more into the background assuming the background is a beige color, how close to the house or bushes or landscaping could the dish be and if it is moved further north into the property at what point is the signal impacted or not impacted. She said obviously Ms. Petermann did not know .the answers to those questions so the people who installed the equipment will have to provide those answers. She said for some reason she did not realize the dish was as far up the hill as it is and noted it is really close to the edge of their lawn. She said also if the height were lower, say two feet, that might make a visible difference. She said the reason she wanted to know about painting the dish was because she knows specifically of two other dishes in the area that are a beige color and one blended well into a hillside and the other blended surprising well into a fully landscaped background. She said Ms. Petermann indicated at the last meeting that they were going to be on vacation for a month or so and the item had been continued for two weeks to see if any thing could be discovered in the interim that would help. Ms. Petermann asked if it could be continued until after they return so she could find out how much lower the dish could be, how much closer to the house and bushes could it be in terms of receiving signals, and could it be painted a beige color to blend better into the background. Mr. Johnson said from his view he didn't think the dish was more then a foot off the ground. Ms. Santalahti said the diagram that was submitted says it is basically six feet to the top of the pole at which point the dish is attached, and it is a 10 foot in diameter dish. She said the ones that she has seen in the past, have appeared to be substantially lower to the ground. Ms. Santalahti continued the item until the meeting of October 4, 1990. She advised Mr. French and Mr. Johnson the item would not be readvertised. She • • MINUTES, ZONING ADMINISTRATOR, AUGUST 9, 1990 PAGE 4 said they may wish to call the Planning Department a week or two before October 4, to verify whether staff has the additional information, but regardless of whether the additional information is available, the item will be on the agenda for action or discussion. ITEM N0. 2 CEOA CATEGORICAL EXEMPTION - CLASS 2, VARIANCE N0. 4074 PUBLIC HEARING: OWNER: GEORGE BEHNAM, RANAL WISSA, 1240 N. Van Buren #113, Anaheim, CA 92807. Subject property is a rectangularly-shaped parcel of land consisting of 0.17 acre, located at the northeast corner of Santa Ana Street and Clementine Street, having a frontage of 76 feet on the north side of Santa Ana Street and further described as 221 West Santa Ana Street. Waiver of minimum structural setback to construct a 4-unit apartment building. No one indicated their presence in opposition and no correspondence was received. George Behnam, 1240 N. Van Buren #113, Anaheim, said there are many hardships on the property. He said they have two setbacks of 15 feet each, which eats up a good 35 percent of their property. He said they also had to dedicate five percent of the property, depriving the property of being able to build six units instead of four units. He noted the street improvements they are required to make are very expensive. He said the property immediately to their north has only 10 foot setbacks (as measured from the ultimate street right-of-way). He noted they received the information from the Public Works Department after they applied for their building permit and they already had all the financing and everything ready to go which is why they are asking for this waiver. Ms. Santalahti asked if he knew what the width of the street was. Mr. Behnam said Clementine was 25 feet from the centerline and it will be 30 feet. Ms. Santalahti asked if he had checked any properties other then his neighbor to the north and he said no. PUBLIC HEARING WAS CLOSED Ms. Santalahti asked if they would be providing the 15 foot landscaping setback along Santa Ana Street, and the 10 foot proposal is along Clementine Street. Mr. Behnam said yes, both would be fully landscaped. Ms. Santalahti said she noted there were some little posts on the drawings and she wondered if that meant there were going to be patios in front. Mr. Behnam said yes, and there is a balcony on top. He said the patios will be fully landscaped with wrought iron fences around them which adds to the recreation area of the units that was not counted in the tabulation. • • MINUTES, ZONING ADMINISTRATOR, AUGUST 9, 1990 PAGE 5 Ms. Santalahti asked if he were referring to the first floor not balconies • projecting on the second story. Mr. Behnam said there would be a balcony in the ten foot setback of 5 foot or 50~ of the setback. Ms. Santalahti said she did not think it was permitted to have a five foot balcony on the second floor projecting into the 10 foot setback area on the street side. Leonard McGhee, Senior Planner, said Code did not address it in terms of street side, Code allows encroachment into the setback of 509>. Mr. Behnam said they have done this many, many times in the past. Ms. Santalahti asked Mr. McGhee to have someone bring the aerial photo for this corner on Map No. 73 so she could verify the information. Mr. Behnam said the next door neighbors have the same situation. Ms. Santalahti said she is aware that some of the downtown streets are substantially narrower then today's standards. Mr. Behnam said their design is very complimentary to the property next to them. Ms. Santalahti confirmed that this project was combining two existing lots. Mr. Behnam said they had already submitted all the plans for grading and offered the dedication and signed the documents a few days ago. Ms. Santalahti noted this item was Categorically Exempt. Ms. Santalahti approved this project based on the fact that the requested setback waiver along Santa Ana Street is minimal because approximately 36 lineal feet of buildings have an average 20-foot structural setback (as permitted by Code) and only the remaining 22 lineal feet of building have a 15-foot structural setback; and, further, that the front 15-foot setback area along Santa Ana Street will include landscaped berming; that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity because existing building setbacks along Clementine Street have already been established at 10 feet (as measured from the ultimate street right-of-way); and that there are special circumstances applicable to the property consisting of its relatively large required front setback areas (about 2,740 sq.ft.) in comparison to the total lot size (about 7,220 sq.ft.), resulting in the required front setbacks occupying an excessively large portion (about 37'b) of the lot's area. 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 members of the City Council shall request to review this decision within said 15 days. • • MINUTES, ZONING ADMINISTRATOR, AUGUST 9, 1990 PAGE 6 ITEM N0.3 CEOA CATEGORICAL EXEMPTION - 5, VARIANCE N0. 4075 PUBLIC HEARING: OWNER: VANDERBILT L.T.D., 27122-B Paseo Espada #1021, San Juan Capistrano, CA 92675. AGENT: DILIP SIDHPURA, c/o CONROY'S FLOWERS, 8285 E. Santa Ana Canyon Road, Anaheim, CA 92807. Subject property is an irregularly-shaped parcel of land consisting of approximately 1.96 acres located at the northwest corner of Weir Canyon Road and Santa Ana Canyon Road, having approximate frontages of 180 feet on the west side of Weir Canyon Road and 300 feet on the north side of Santa Ana Canyon Road and further described as 8285 East Santa Ana Canyon Road. Waiver of maximum number of wall signs. Ms. Santalahti asked if there was any one presence in. the audience for this item and there was not. She noted that this petition was referred to the Planning Commission meeting of August 13, 1990 at her request because Commission has acted on prior zoning petitions concerning this parcel. ITEM N0. 4 CEOA CATEGORICAL EXEMPTION-CLASS 1, VARIANCE N0. 4076 PUBLIC HEARING: OWNER: BERNARD & ERIKA NICHOLAS, 7340 Hacienda Street, Anaheim, CA 92804. Subject property is a rectangularly-shaped parcel of land consisting of approximately .20 acre located at the northeast corner of Hacienda Street and Palais Road, having frontages of approximately 85 feet on the east side of Hacienda Street and of 70 feet on the north side of Palais Road and further described as 1340 South Hacienda Street. Waiver of minimum front yard setback to construct a garage and room additions. No one indicated their presence in opposition and no correspondence was received. Erika Nicholas, applicant, said that they would have no problem with installing roll-up garage doors as stated in Condition No. 2. PUBLIC HEARING WAS CLOSED Ms. Santalahti noted this item was Categorically Exempt. Ms. Santalahti approved this proposal based on the fact that the request is .minimal consisting of a•setback only 4 feet shallower than required by Code and that roll-up garage doors will be provided for the front-on garage; and that there is a special circumstance .applicable to the property consisting of the house being aligned along the longest axis of the property so that it faces the longest street frontage (instead of the narrowest, which is typical of single-family residential development) and, therefore, the 21-foot setback waiver is in a yard area which can reasonably be considered a side yard (with a minimum required setback of 12-1/2 feet). 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 members of the City Council shall request to review this decision within said 15 days. • MINUTES, ZONING ADMINISTRATOR, AUGUST 9, 1990 PAGE 7 ITEM N0. 5 CEOA NEGATIVE DECLARATION, VARIANCE N0. 4078 PUBLIC HEARING: OWNER: CITY OF ANAHEIM 300 South Harbor Blvd., Suite 900, Anaheim, CA 92805. Subject property is an irregularly-shaped parcel of land consisting of approximately 16.13 acres, having a frontage of approximately 760 feet on the northeast side of Sanderson Avenue, having a maximum depth of approximately 1240 feet and being located approximately 33 feet north and east of the centerline of Auto Center Drive. Waiver of required lot frontage to establish a 5-lot subdivision. No one indicated their presence in opposition and no correspondence was received. Robert ZurSchmiede, 300 S. Harbor Blvd., Suite 900, Anaheim, noted the agenda should read the request is being made by the City of Anaheim .rather than the Anaheim Redevelopment Agency. He said this request was a result of a condition of approval imposed by the City Engineer on Tentative Parcel Map 90-179. He said all the conditions could be complied with and noted this was a waiver for lots three, four and five. He said eventually lot five will have public street frontage upon completion of a future public street. PUBLIC HEARING WAS CLOSED Ms. Santalahti asked how would access be provided to the three land-locked parcels. Mr. ZurSchmiede said it would be either through an easement or by license. He said the license has been prepared and reviewed by Special Counsel. He said it would be required to be recorded prior to recordation of the final map. Ms. Santalahti noted there was no condition that referred to an easement for access purposes. Mr. ZurSchmiede said the easement for access was a condition of tentative map approval. Ms. Santalahti said she was going to add a condition to make her written record complete that vehicular access to the three lots shall be provided in a manner acceptable to the City Engineer. Mr. ZurSchmiede said that would be fine. Selma Mann, Deputy City Attorney, said that the City Attorney's Office would also like to review it. Ms. Santalahti said the access to the three land-locked parcels wording will read something like "it will be provided in a manner acceptable to the City Engineer and the City Attorney". Ms. Santalahti asked staff to note the correction on both the action agenda and the location map that this is the City of Anaheim's application and not the Anaheim Redevelopment Agency. • MINUTES, ZONING ADMINISTRATOR. AUGUST 9. 1990 PAGE 8 Ms. Santalahti noted a Negative Declaration was prepared on this project and acted on staffs recommendation to approve it. Ms. Santalahti approved this waiver on the basis that the proposed waiver is granted on the basis that vehicular access, in accordance with the standards of the Engineering Department and as approved by the City Attorney, will be provided to the parcels not having frontage on a public street and that there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity. 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 members of the City Council shall request to review this decision within said 15 days. ITEM N0.6 CEOA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT N0. 3316 PUBLIC HEARING: OWNER: ROSE C. FUKUEA, 332 Peralta Hills Drive, Anaheim, CA 92807. AGENT: ISAMU SAM MORITA, 332 Peralta Hills Drive, Anaheim, CA 92807. Subject property is an irregularly-shaped parcel of land consisting of approximately 0.36 acre, having frontages of approximately 113 feet on the south side of Center Street and 118 feet on the north side of Lincoln Avenue, having a maximum depth of _172 feet and being located approximately 360 feet west of the centerline of State College Boulevard and further described as 1920 East Center Street. To permit a day care center for 70 children with waiver of maximum fence height. One person indicated her presence in favor, no one indicated their presence in opposition and no correspondence was received. Sam Morita, representing applicant, said this is a family oriented project and will serve the community and enhance the area. He noted they had dedicated quite a bit of property to the City as required. He said they were also eliminating three driveways along Lincoln and two on Center Street. Ms. Santalahti asked if access was going to be taken solely from Center Street. Mr. Morita said yes, from one driveway. Ms. Santalahti asked where the fence was located. Mr. Morita said there was a temporary chainlink fence that will be eliminated. He said they wanted to put up a four foot high fence for the safety of the children. Ms. Santalahti asked if the existing chainlink fence was the western boundary of the property. Mr. Morita said the property goes to the landscaped area where there is some asphalt and currently people are parking on the asphalt. • • MINUTES, ZONING ADMINISTRATOR, AUGUST 9, 1990 PAGE 9 Ms. Santalahti said then it includes both pieces that are vacant. Mr. Morita said yes. Mahin Rastegari said she is owner and director of Montessari Child Care Center at 1108 N. Acacia, Anaheim. She said they are serving 30 very satisfied families and noted they had a big waiting list. She said that is why they're looking at this property in order to expand. Mr. Morita noted that the owner's name should be spelled Fukuea. PUBLIC HEARING WAS CLOSED Ms. Santalahti noted a Negative Declaration was prepared on this project and acted on staff's recommendation to approve it. Ms. Santalahti approved this proposal, in part, based on the fact that the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; that the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which is is proposed to be located; that the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; that the requested waiver (a) is minimal amounting to a fence that is only 1-foot higher than permitted by Code, and that the design and location of the fence will be such that no vehicle and/or pedestrian lines-of-sight are adversely impacted; and that waiver (b) is denied on the basis that it was deleted following public notification. 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 members of the City Council shall request to review this decision within said 15 days. ITEM N0.7 CEOA CATEGORICAL EXEMPTION-CLASS 3. CONDITIONAL USE PERMIT NO. 3320 PUBLIC HEARING: OWNERS: CONRAD S. & PATRICIA G. MOSS, 241 South Yorkshire Circle, Anaheim, CA 92805. AGENT: VERONICA N. NORRIS, Attorney at Law, 17821 East 17th Street, Suite 240, Tustin, CA 92680. Subject property is an irregularly-shaped ..parcel of land. consisting of approximately 0.22 acre having a frontage of approximately 106 feet on the westerly side of Yorkshire Circle, having a maximum depth of approximately 262 feet being located approximately 205 feet north of the centerline of Mohler Drive and further described as 241 South Yorkshire Circle. To permit a satellite dish in a residential zone in the Scenic Corridor Overlay Zone. No one indicated their presence concerning this item. Ms. Santalahti continued this item until the meeting, of September 6, 1990 at the request of the applicant. • • MINUTES, ZONING ADMINISTRATOR, AUGUST 9, 1990 PAGE 10 ITEM N0. 8 INFORMATIONAL ITEMS: AMUSEMENT ARCADE PERMIT N0. 1006: To permit 40 amusement devices at 1700 South Anaheim Boulevard. (End of public notice period: August 9, 1990). Mr. McGhee said no comments had been received as yet. ITEM N0. 9 ITEMS OF PUBLIC INTEREST: There was no one indicating a desire to speak. There being no further business, Ms. Santalahti adjourned the meeting at 10:40 a.m. Minutes prepared by: Pamela H. Starnes Executive Secretary Minutes approved by: `~~/' \X Annika M. Santalahtihh // Zoning Administrator 0564g ~~