Loading...
Minutes-ZA 1991/03/07. ~... ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, MARCH 7, 1991, 9:30 A.M. Procedure to Expedite Meeting: The proponents for conditional use permit, variance, administrative use permit and administrative adjustment 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. ZA1009OE 03/07/91 Page 1 ~• '-r ..,,,. la. CEQA NEGATIVE DECLARATION lb. CONDITIONAL USE PERMIT NO. 3393 OWNER: INVESTOR REALTY COMPANY, 1 Civic Plaza Suite 100, Newport Beach, CA 92660. AGENT: BAMBINA'S RISTORANTE, 1731 W. Katella Avenue, Anaheim, CA 92804. LOCATION: 1731 West Katella Avenue. Property is approximately 2.67 acres located at the northwest corner of Katella Avenue and Euclid Street. To permit on-sale beer and wine in a 2,317 square foot restaurant (Bambino's Ristorante). ZONING ADMINISTRATOR DECISION NO. ZA 91-12 2a. CATEGORICAL EXEMPTION-CLASS 3 2b. CONDITIONAL USE PERMIT NO. 3394 OWNER: SHU LIN AND YA-YIN CHEN, 765 S. Ridgeview Road, Anaheim, CA 92807. AGENT: O'KAIN CONSTRUCTION COMPANY, Attn: Paul O'Kain, 132-A S. Imperial Hwy., Anaheim, CA 92807. LOCATION: 199 Ferrari Wav. Property is approximately 1.13 acres located on the west side of Ferrari Way approximately 335 feet north of the centerline of Crescent Drive. To permit a ground mounted satellite dish antenna. ZONING ADMINISTRATOR DECISION NO. ZA 91-13 3. INFORMATIONAL ITEMS: A. ADMINISTRATIVE USE PERMIT NO. 91-01 (LARGE FAMILY DAY CARE To permit a large family day care home for a maximum of 12 (twelve) children at 2242 West Falmouth Avenue. Property is approximately 0.13 acre located at the south side of Falmouth Avenue approximately 640 feet west of the centerline of Brookhurst Street. (End of public notice period: March 7, 1991.) ZONING ADMINISTRATOR DECISION NO. Approved Modified Conditions Approved Opposition received to be set for public hearing 03/07/91 Page 2 ~~~ ~ i 4. ITEMS OF PUBLIC INTEREST: One person had a question regarding zoning for radio antennas. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: ~M • a o~ LOCATIONS: COUNCIL CHAMBER DISPLAY CASE (TIME) (DATE) AND COUNCIL DISPLAY KIOSK SIGNED: ©..~.Q~o ~ ~/ 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. 03/07/91 Page 3 • REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - March 7, 1991 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:40 a.m., March 7, 1991, in the Council Chamber. PRESENT: Annika Santalahti, Zoning Administrator Cheryl Westbrook, Assistant Planner Janet L. Jensen, Senior 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 NO. 1. CEOA NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 3393 PUBLIC HEARING: OWNER: INVESTOR REALTY COMPANY, 1 Civic Plaza Suite 100, Newport Beach, CA 92660. AGENT: BAMBINA'S RISTORANTE, 1731 W. Katella Avenue, Anaheim, CA 928,04. Subject property is a rectangularly-shaped parcel of land consisting of approximately 2.67 acres located at the northwest corner of Katella Avenue and Euclid Street, having approximate frontages of 350 feet on the north side of Katella Avenue and 333 feet on the west side of Euclid Street, and further described as 1731 West Katella Avenue. To permit on-sale beer and wine in a 2,317 square-foot restaurant (Bambino's Ristorante). No one indicated their presence,in.,opposition and no correspondence was received. Christine Finch, 1731 W. Katella, Anaheim, CA 92804. She stated she. is here regarding the restaurant and added that this is a family owned restaurant. ' THE PUBLIC HEARING WAS CLOSED Ms. Santalahti asked if she was intending to do any interior modifications or something that would require a building permit? Ms. Finch answered no and stated it was a restaurant before. Ms. Santalahti noted a Negative Declaration was prepared on this project, and acted on staff's recommendation to approve it. • • MINUTES, ZONING ADMINISTRATOR, MARCH 7, 1991 Pace 2 She stated Condition nos. 4 and 5 make reference to final Building and Zoning inspections and Building permits. She stated since there are no permits necessitated by this particular action, she will delete Condition nos. 4 and Nos. 5 and 6 will be renumbered to 4 and 5 and she will reword the new Condition No. 4 to state that the condition shall~be complied with prior to commencement of the activity approved today. This decision shall be come 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 signing of this decision or unless members of the City Council shall request to review this decision within said 15 days. ITEM NO. 2. CATEGORICAL EXEMPTION-CLASS 3, CONDITIONAL USE PERMIT NO. 3394 PUBLIC HEARING. OWNER: SHU LIN AND YA-YIN CHEN, 765 S. Ridgeview Road, Anaheim, CA 92807. AGENT: O'KAIN CONSTRUCTION COMPANY, ATTN: PAUL O'KAIN, 132-A S. Imperial Hwy., Anaheim, CA 92807. Subject property is an irregularly shaped parcel of land consisting of approximately 1.13 acres located at 199 Ferrari Way. To permit a ground mounted satellite dish antenna. No one indicated their presence in opposition and no correspondence was received. Paul O'Kain, 132-A S. Imperial Hwy., Anaheim, CA 92807. William Halus, 5075 East Crescent Drive, Anaheim, CA 92807. He stated he has been a resident of Peralta Hills for the last 30 years and•he hopes that permission is given to install the satellite dish. He explained that this is the latest technology application and eventually every home will have a satellite dish about the size of a plate that you serve food on and they will be able to • receive thousands of channels in 3-dimension with digital sounds, etc. He asked that this project be encouraged and that it be approved. Ms. Santalahti stated she hoped they would see the smaller satellite dishes sooner than what seemed to be happening. THE PUBLIC HEARING WAS CLOSED • • MINUTES, ZONING ADMINISTRATOR, MARCH 7, 1991 Page 3 Ms. Santalahti asked according to the photograph that was Provided that shows the location, to what extent would the 10-foot dish and the height that is proposed, be visible abovethat particular wall. Mr. Halus explained that the wall is a tennis court on this property and there is an 8-foot fence on the north property line that was installed by the people to the north of them. Ms. Santalahti asked if he has shown the plot plan or the pictures of the satellite dish to the neighbors? Mr. Halus indicated he had not. Ms. Santalahti asked if anyone could see the satellite dish from Ferrari Way or Crescent? Mr. Halus stated it cannot be seen from Ferrari Way, the drive to the west or from Crescent, and in addition, it cannot be seen from the north. Ms. Santalahti stated she concurs with the Categorical Exemption, Class 3 prepared for this item. Ms. Santalahti approved this proposal based on the fact that the proposed use, consisting of an approximately 10-foot high satellite dish, 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 it is proposed to be located because the satellite dish will be located in a manner so as not to be visible to nearby streets; and 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 because the satellite dish will be located 15 feet away from the north (side) property line, which abuts single family residences and the configuration of the slope and the fencing material further serves to screen the antenna from any possible view. 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 days 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, MARCH 7, 1991 Page 4 ITEM NO. 3. INFORMATIONAL ITEMS A. ADMINISTRATIVE USE PERMIT NO. 91-01 (LARGE FAMILY DAY CARE,: To permit a large family day care home for a maximum of 12 (twelve) children at 2242 West Falmouth Avenue. Property is approximately 0.13 acre located at the south side of Falmouth Avenue approximately 640 feet west of the centerline of Brookhurst Street. (End of public notice period: March 7, 1991). Dale Magaro, 2250 West Falmouth. He stated his concerns are with parking and loading and unloading. He stated the house has a two car driveway; one car is parked there permanently under a cover leaving one parking place. He stated the notice indicated they had to have 1 (one) on-site parking space per worker. He stated the off-site parking bothers him on two particular days--Wednesday from 12:00 p.m. to 4:00 p.m. because it is street sweeping day and there is no street parking, and Monday is trash pick up day. He explained with the new trash system they have, if someone were to come by, pick up their child, park on the street, go up to the house, be in the house for a couple of minutes and they park closer then 3 feet to the trash can, the trash truck will go right by. He stated this Monday the area received new trash cans, however, he did not get his because his neighbor parked in front of his house and the truck could not leave them, therefore, he had to go down to Sanitation and pick up his own trash cans. He stated the traffic is a concern, i.e., most people will be coming onto his street off Brookhurst which will make them heading west; the house is on the south side which will cause people to have to make a U-turn in the middle of the street. He explained being a residential City street is a kind of misnomer for their street because it is used as a traffic flow through for people going from Brookhurst over to Magnolia to get onto the freeway at the Magnolia on-ramp and for people getting off of Magnolia using it to circumvent La Palma, Brookhurst, Magnolia and the 91 Freeway congestion in the afternoon. He further explained sometimes he has to try to make a left-turn into his driveway and sometimes he will have traffic backed up all the way to Brookhurst while he is waiting for the other cars going the other direction. He stated last Monday he got home at 4:00 p.m. and sat on his front lawn with a counter. He stated, eastbound, between the hours of 4:30 p.m. and 5:30 p.m., he counted 983 cars and westbound he counted 1,483 cars and added there are not that many homes in the area. • MINUTES, ZONING ADMINISTRATOR, MARCH 7, 1991 Page 5 He stated because of the traffic light at La Palma, most people in the housing tract because you cannot get onto Brookhurst off that do not have signals. He stated it is morning because the procedure is reversed. he should present this in writing? Brookhurst and will use that street the two side streets the same way in the Mr. Magaro asked if Ms. Santalahti stated it would be a good idea since they do have a representative from the Traffic Engineering Department present and perhaps he could take a further look at this. Mr. Magaro stated he borrowed a speed gun from their softball team and the average speed down their street during that period of time is 47 mph. He added they have complained to the Police Department, but no one has tried to come out and slow the traffic down. Ms. Santalahti said that the applicant will be notified of the opposition, and it will then be their choice as to whether they wish to proceed with a public hearing because there is a fee attached to the notification. She stated if they choose to do so, another public notification will be sent out. She told Mr. Magaro that he should come to that hearing also because this is not a hearing and even though the applicant will have access to the minutes, they will not have the same opportunity to hear what he has to say. ITEM NO. 4. ITEMS OF PUBLIC INTEREST: Dale Magaro, 2250 West Falmouth Anaheim. He stated he is in the process of putting up an amateur radio antenna and had some questions on some contradictory zoning laws. He stated the height limit is 35 feet for a structure and he asked if they classified a radio antenna as a structure? Selma Mann, Deputy City Attorney, stated what would be most helpful is if Mr. Magaro would give them a letter setting out what the inconsistencies are and request a response from the Planning Department, and the City Attorney's office can work with the Planning Department in getting a response to, that. Ms. Santalahti asked Ms. Westbrook to hand the commentary Mr. Magaro had to her. She asked how high was he planning to have his antenna? • MINUTES, ZONING ADMINISTRATOR. MARCH 7, 1991 Page 6 Mr. Magaro stated 100 feet. He said on one Code it states he can go 35 feet for a structure but in regards to the exemptions, he needs clarification on things like towers and wireless masts, i.e., he needs to know the City's definition of a wireless mast. He stated there is also an inclusion about dish type antennas and he wanted to know for what purpose. Ms. Santalahti stated she agrees with the Deputy City Attorney that he should list his concerns. She stated normally they have not had a problem anywhere except in the hillside area with a simple antenna. She stated she knows there are a few tall ones out in the canyon and they tend to have concerns regarding those. She stated dishes, or the ones she is aware of, have been the typical satellite dish like the one that was heard earlier and in that instance the Zoning Code specifies under what circumstances, which is quite limited, that it can'be constructed. Mr. Magaro stated the Zoning Code does not state the purpose for having this type of thing. Ms. Santalahti stated she did not think the Zoning Code would ever do that. Mr. Magaro clarified he is not looking to put up a satellite dish type antenna, but it is a dish type antenna. Ms. Santalahti stated Zoning makes no differentiation between a satellite dish and a dish type antenna, it is physically what is there. He stated his City dish antenna would be like the one you would have up on the parking structure. He stated it does not go to another satellite but to another receiver. Ms. Santalahti stated she thought it would be helpful to list in writing what his concerns are and the more people that want to do things like this, the more often the question arises and they might want to adjust their Code or develop some kind of policy. She asked if Ms. Mann had any other suggestions? Ms. Mann stated what she believed was actually appropriate is to just have an indication of what it is that Mr. Magaro actually wishes to construct and then work from there rather than to get a definition of anything that might be permitted under a particular definition of the Code. ~ ~ MINUTES, ZONING ADMINISTRATOR, MARCH 7, 1991 Page 7 ADJOURNMENT' There being no further business, Ms. Santalahti adjourned the meeting at 10:05 a.m. Minutes prepared by: Minutes approved by: J net L. Jens ~ enior Secr ~ ary ~%~ ~' Annika M. Santalahti Zoning Administrator I:\HOME\JJENSEN\ZA WP