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Minutes-ZA 2001/02/22 ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, FEBRUARY 22, 2001 9:30 A.M. Staff Present: Annika Santalahti, Zoning Administrator David See, Associate Planner Patricia Koral, Sr. Word Processor Vanessa Norwood, Assistant Planner Mark Gordon, Deputy City Attorney Della Herrick, Associate Planner Linda Johnson, Senior Planner REPORTS AND RECOMMENDATIONS: 1a. CEQA CATEGORICAL EXEMPTION -CLASS 3 1b. ADMINISTRATIVE ADJUSTMENT NO. 2001-00209 APPROVED OWNER: Jose R. Ortiz 1307 W. Beacon Avenue Anaheim, CA 92802 LOCATION: 1307 West Beacon Avenue: Property is 0.15 acre, having a frontage of 60 feet on the north side of Beacon Avenue, having a maximum depth of 110 feet, located 440 feet west of the centerline of Walnut Street. Waiver of maximum fence height (3 feet high permitted; 4 feet high proposed) to retain an existing four (4) foot high masonry and brick fence 15 day appeal period. within the required front yard setback of asingle-family residence in the RS- 7200 (Residential, Single-Family) Zone. Project Planner: ZONING ADMINISTRATOR DECISION NO. ZA2001-8 (kpfost@anaheim.net) Appeal period ended at 5:00 p.m. on Monday, February 20, 2001 ZA022201. DOC No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. The Zoning Administrator approved Administrative Adjustment No. 2001-00208. That no written opposition was received during the 10-day public notification period. 02/22/01 Page 1 2. That the request is hereby granted in accordance with Subsection 18.12.080.015 which permits waiver of maximum fence height in connection with administrative adjustments. 3. That subject fence, a combination of stuccoed masonry block with brick trim, is only 1 foot higher than permitted by Code; and that the only portions of the decorative fence which exceed 3 feet in height are twelve, 16-inch wide, pilasters spaced about 10 feet apart. Based on the evidence presented approval of Administrative Adjustment No. 2001-00209, subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1. 2. That within a period of three (3) months from the date of this decision, the appropriate permits shall be obtained from the Building Division. Extensions for further time to complete this condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 02/22/01 Page 2 • 2a. CEQA CATEGORICAL EXEMPTION -CLASS 11 2b. SPECIAL CIRCUMSTANCES WAIVER N0.2001-00009 APPROVED OWNER: Walt Disney World Company 1375 Buena Vista Drive Lake Buena Vista, Florida 32830 AGENT: Walt Disney Imagineering John Graves 888 South Disneyland Drive Anaheim, CA 92802 LOCATION: The Disneyland Resort Specific Plan No. 92-1 Parking District (West Parking Area) and Hotel District setback areas adjacent to the north and south sides of Magic Way between Walnut Street to the west and Disneyland Drive to the east. The Walt Disney World Company has submitted a request for approval of a Special Circumstances Waiver to permit the issuance of nine Special Event Permits, in addition to the four permitted by Code, for a total of thirteen 10 day appeal period. Special Event Permits during the 2001 Calendar year. The additional Special Event Permits would allow pedestrian directional signs to be located Project Planner: in the setback areas adjacent to the north and south sides of Magic Way (dherrick@anaheim.net) from March 16, 2001 through June 5, 2001. No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Ms. Annika M. Santalahti, Zoning Administrator, considered the request to permit the issuance of nine special event permits, in addition to the four permitted by Code, for a total of thirteen special event permits during calendar year 2001. She made the following findings: (a) That this Special Circumstances Waiver, to allow six signs which are not currently permitted by Code, will serve the public interest, safety and general welfare by providing temporary directional signage along Magic Way which clearly and efficiently assists pedestrian circulation within The Disneyland Resort where the proposal is located. (b) That the proposal will allow pedestrian directional signs to be located in the setback areas on the north and south sides of Magic Way between Walnut Street (on the west) and Disneyland Drive (on the east) from March 16, 2001 through June 5, 2001. (c) That the six signs are designed to be compatible with other existing wayfinding signs within The Disneyland Resort. (d) That permanent standards to address the issue of adequate signs to safely direct pedestrians will be determined through a Specific Plan Code Adjustment, which is under consideration. Based on the above findings, Special Circumstances Waiver No. 2001-00009 is approved, subject to the following conditions: 02/22/01 Page 3 • . That a total of thirteen (13) special event permits shall be permitted for this property during calendar year 2001 (four (4) permits being permitted by the Code and nine (9) additional permits pursuant to this special circumstances waiver). 2. That this special circumstances waiver is approved for the period of March 16, 2001 through June 5, 2001. 3. That not less than five (5) regular business days prior to commencement of the activity authorized by this Special Circumstances Waiver No. 2001-00009, the applicant shall obtain a special event permit from the Planning Department for each of the nine (9) additional special events. 4. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 ten (10) days from the date of this letter or unless members of the City Council request review of this decision within said 10 days. 02/22/01 Page 4 • • 3a. CEQA CATEGORICAL EXEMPTION -CLASS 11 3b. SPECIAL CIRCUMSTANCES WAIVER N0.2001-00006 DENIED OWNER: MILLS FORD Joseph Perri, General Sales Manager 1600 West Lincoln Avenue Anaheim, CA 92803 10 day appeal period. LOCATION: 1600 West Lincoln Avenue: Property is 5.22 acres, located at the southwest corner of Lincoln Avenue and Loara Street. Request fora 6-month extension of time for a special circumstances waiver to retain nineteen (19) pageantry style banners mounted on light poles in Project Planner: conjunction with an automobile dealership. (kbassCo~ananeim.net) No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Ms. Annika M. Santalahti, Zoning Administrator, considered the request for Special Circumstances Waiver No. 2001-00006 to retain nineteen (19) pageantry style banners mounted on light poles in conjunction with the automobile dealership on property located at 1600 West Lincoln Avenue. She made the following findings: Based upon the findings, the Zoning Administrator denied Special Circumstances Waiver No. 2001- 00006. 1. That two prior special circumstances waivers have been approved for this business permitting 19 banners for 18 months (from June 14, 1999 through January 27, 2001) based on road construction activities (on the freeway on-and off-ramps and on Lincoln Avenue) in connection with the I-5/Santa Ana Freeway widening project. 2. That the petitioner requests approval to retain the 19 existing pageantry-style banners attached to the display area light poles for an additional 6 months; but that the Public Works Department has indicated that construction activities on the I-5 Freeway and Lincoln Avenue have been completed since December 2000. 3. That although no road construction activity is currently underway in the vicinity, future road construction work, involving primarily a pavement rehabilitation project at the Lincoln Avenue and Euclid Street intersection and on Lincoln Avenue east of Euclid Street, is expected to commence in approximately seven months, during September 2001. 4. That the extraordinary circumstances previously applicable to this property due to the I-5 widening project no longer apply because that construction project has been completed; and that the previous construction impacts, including lane closures, traffic congestion and difficult access, no longer exist and, therefore, allowing special event permit privileges would set an undesirable precedent and may deprive other properties under identical zoning classification in the vicinity the land use privileges proposed for this property. 02/22/01 Page 5 • • 5. That four special event permits (totaling 36 days) can be obtained for this business location during calendar year 2001, as permitted by the Zoning Code and without a special circumstances waiver; and that if future road construction activities in the area adversely impact the business, the applicant may petition for a special circumstances waiver specifically coinciding with the timing of such construction. 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 ten (10) days from the date of this letter or unless members of the City Council request review of this decision within said 10 days. 02/22/01 Page 6 • PUBLIC HEARING ITEMS: • 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. ADMINISTRATIVE ADJUSTMENT NO. 2000-00206 APPROVED OWNER: Richard W. and Marjorie J. Hudson 226 S. Nutwood Street Anaheim, CA 92804 LOCATION: 226 South Nutwood Street: Property is 0.14 acre, having a frontage of 60 feet on the east side of Nutwood Street, having a maximum depth of 101 feet, located 260 feet north of the centerline of Victoria Avenue. Waiver of minimum rear yard setback (10 feet required; 9 feet proposed} to permit and retain an unpermitted habitable sunroom in the rear of an 15 day appeal period. existing single-family residence in the RS-7200 (Residential, Single-Family) Zone. Project Planner: ZONING ADMINISTRATOR DECISION NO. ZA2001-9 (kbass@anaheim.net) David See, Associate Planner stated that when this item was originally heard there was opposition, so the applicant had the opportunity to request for a public hearing. No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. David See, Associate Planner indicate that one letter was received in opposition and withdrawn subsequent to the last hearing of January 11, 2001. This is a minor deviation and that there is no opposition pending and so we are recommending approval. Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced Administrative Adjustment pursuant to Anaheim Municipal Code Section 18.12.080, and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find: (a) That when this administrative adjustment was originally advertised, written opposition was received and, therefore, the petition was scheduled for public hearing at the applicant's request; but that the opposition to the proposal was subsequently withdrawn. (b) That the request is hereby granted in accordance with Subsection 18.12.080.010.0102 of the Anaheim Municipal Code which permits waiver of minimum rear yard setbacks in connection with administrative adjustments when the maximum deviation is no more than 20% from the Zoning Code requirement (10% proposed); and that the proposal is minimal amounting to only a 1-foot deviation from Code. Based on the evidence presented approval of Administrative Adjustment No. 2000-00206, subject to the following conditions: That within a period of one (1) year from the date of this decision, the appropriate permits for the sunroom shall be obtained from the Building Division. Extensions for further time to complete 02/22/01 Page 7 • • this condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 2. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. 3. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 02/22/01 Page 8 5a. CEQA CATEGORICAL EXEMPTION -CLASS 3 5b. ADMINISTRATIVE ADJUSTMENT NO. 2000-00204 DENIED OWNER: Jorge P. and Maria G. Gonzalez 616 S. Arden Street Anaheim, CA 92802 LOCATION: 616 South Arden Street : Property is 0.14 acre, having a frontage of 63 feet on the east side of Arden Street and a maximum of 101 feet located 290 feet north of the centerline of Alomar Avenue. 15 day appeal period Waiver of maximum fence height (3 feet high permitted; 6 feet high proposed) to permit and retain a 6-foot high combination wrought iron and Project Planner: block wall fence within the required front yard setback of asingle-family (vnorwoodC~anaheim.net) residence in the RS-7200 (Residential, Single-Family) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2001-10 David See, Associate Planner stated that when this item was originally heard there was opposition so the applicant had the opportunity to request for a public hearing. OPPOSITION: One person indicated their presence at the public hearing in opposition to the proposal and correspondence in opposition was received. Based on the evidence presented, Administrative Adjustment No. 2000-00204 has been denied. Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced Administrative Adjustment, and a public hearing having been duly noticed for and held on the date set forth above pursuant to Anaheim Municipal Code Section 18.12.080, I do hereby find: 1. That when this administrative adjustment was originally advertised, written opposition was received and, therefore, the petition was scheduled for public hearing at the applicant's request. 2. That subject fence is 6 feet high overall and consists of about two feet, 4 inches of masonry block with 6-foot high pilasters (spaced on 8 to 9-foot centers) and with wrought iron fencing to a height of about 5 feet, 2 inches between the pilasters, and with a sliding 5 to 6-foot high wrought iron gate across the driveway. 3. That this request is denied on the basis that this property is located in a residential neighborhood on a wholly residential local street; that the property has the same shape, size and dimensions as other lots in the subdivision, as illustrated on the location map of the area; and that there are no special circumstances applicable this property, including size, shape, topography location or surroundings that do not apply to other properties in the vicinity under the same zoning classification. 4. That strict application of the Zoning Code does not deprive this property of privileges enjoyed by other properties in the identical zoning classification in the vicinity; and that approval of this proposal may set an undesirable precedent. 5. That one person spoke in opposition to the proposal at the public hearing concerning the aesthetic impact of the additional wall height, including that the specific proposal, as shown on the 02/22/01 Page 9 • photographs on file with the Planning Department, has a potential adverse impact on neighboring homes. 6. That the height of the existing wall can be reduced to comply with applicable Zoning and Building Code requirements by removing (or reducing the height of) the wrought iron and reducing the pilaster heights to no more than three (3) feet above the highest adjacent finished grade. 02/22/01 Page 10 6a. CEQA CATEGORICAL EXEMPTION -CLASS 3 6b. ADMINISTRATIVE ADJl7STMENT N0.2000-00205 APPROVED OWNER: Domingo and Maria Carpio 540 S. Wayside Street Anaheim, CA 92805 LOCATION: 540 South Wayside Street : Property is 0.17 acre, having a frontage of 70 feet on the east side of Wayside Street and a maximum of 107 feet located 140 feet south of the centerline of Alpha Lane. 15 day appeal period Waiver of maximum fence height (3 feet high permitted; 5 feet high" proposed) to permit a 5-foot high* combination wrought iron and block wall Project Planner: fence within the required front yard setback of asingle-family residence in (vnorwoodta~anaheim.net) the RS-7200 (Residential, Single-Family) Zone. '` Advertised as 6-foot high ZONING ADMINISTRATOR DECISION NO. ZA2001-11 No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Rosalie Kaubasboa, 546 S. Wayside Street, Neighbor, stated that Mr. Carpios fence is not blocking our view and it looks very nice. Joey Carpio, Applicant's son, states that they don't have a permit however they did come here to pay and obtain permission regarding the fence. Our reasons for building this fence is because of theft, we have had items stolen, trespassers and we want our property to look nice. The work done on the fence was completed last year. My Dad is a construction worker and constructed the fence. Ms. Annika Santalahti approved Administrative Adjustment No. 2000-00205 on the following basis. 1. That when this administrative adjustment was originally advertised, written opposition was received and, therefore, the petition was scheduled for public hearing at the applicant's request. 2. That the existing subject fence is 5-foot high overall and consists of 2-foot high stuccoed masonry block with 4-foot high pilasters (spaced about 7 feet apart) with 5-foot high decorative wrought iron between the pilasters. 3. That the request is hereby granted in accordance with Subsection 18.12.080.015 of the Anaheim Municipal Code which permits waiver of maximum fence heights in connection with administrative adjustments; that the pilasters are only 1-foot higher than permitted by Code with the decorative wrought iron being from 4 to 5 feet high; and that the driveway is not enclosed by this fencing. 4. That strict application of the Zoning Code would deprive this property of privileges enjoyed by other properties in the identical zoning classification in the vicinity because there are a number of similar existing stuccoed masonry block (or brick) fences, some with decorative wrought iron, 02/22/01 Page 11 exceeding 3 feet in height along Wayside Street, as illustrated by the photographs on file with the Planning Department. 5. That no one indicated their presence at the public hearing in opposition to this proposal. Based on the evidence presented, Administrative Adjustment No. 2000-00205, is hereby approved based on the following conditions: 1. That within a period of two (2) months from the date of this decision, the petitioner shall obtain the appropriate permits from the Building Division. Extensions for further time to complete this condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 2. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. 3. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 02/22/01 Page 12 • ~ 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 7b. VARIANCE N0.2000-04402 CONTINUED TO MARCH 22, 2001 OWNER: Jerine A. Knox 226 S. Glassell St. Orange, CA 92866 AGENT: Malkoff and Associates Attn: Scott Minami 18456 Lincoln Circle Villa Park, CA 92861 LOCATION: 1190 North Van Horne Way. Property is 0.51 acre located at the southeast corner of Coronado Street and Van Horne Way. Var. 15 day The petitioner requests a modification or deletion of a condition of approval Appeal period. pertaining to permitted hours of operation for apreviously-approved waiver to permit and retain existing 22-foot high ground-mounted equipment for a wood shop facility in the SP94-1, Development Area No. 1 (Industrial Area) Zone. Project Planner: kbassCa~anaheim.net) ZONING ADMINISTRATOR DECISION NO. --------- No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Ms. Santalahti noted that we have had a neighbor that has shown up to all of the hearings on this item, Mr. See stated yes, that staff has spoken to him on the phone and he came to our counter yesterday and is aware of the project being continued to March 22, 2001. Ms. Santalahti asked Staff what the reason was for the continuance. Mr. See stated it was due to some type of accident and hospitalization to the consultant who is handling this case and that there is also some issues that need to be addressed and he will need additional time. Ms. Santalahti state that we need to let the neighbor know by letter of the continuance. 8. ITEMS OF PUBLIC INTEREST: NONE. 02/22/01 Page 13