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Minutes-ZA 2001/07/26'A • • ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, JULY 26, 2001 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California ACZA072601.doc Staff Present: Annika Santalahti, Zoning Administrator Dave See, Senior Planner Patricia Koral, Sr. Word Processor PUBLIC HEARINGS: Debra Knefel, Deputy City Attorney Melanie Adams, Associate Engineer 1a. CEQA CATEGORICAL EXEMPTION-CLASS 3 I APPROVED 1b. VARIANCE NO. 2001-04441 OWNER: Universal Alloy Corporation Added a condition 2870 E. La Palma Avenue And Anaheim, CA 92806 Amend. Conditions: #1 and #6 AGENT: Anacal Engineering Co. 1900 E. La Palma Avenue Anaheim, CA 92805 15 day appeal LOCATION: 2830-2880 East La Palma Avenue. Property is 9.2 acres located at the southeast corner of Blue Gum Street and La Palma Avenue. Waiver of maximum fence height (3 feet high permitted; 8 feet, 6 inches high proposed) to permit block wall pilasters and wrought iron fencing within the Sr2084ds required front yard setback of an industrial complex in the SP94-1, D.A. 1 (Northeast Area Specific Plan; Development Area No. 1 -Industrial Area) Zone. Project Planner: (dseeCcilAnaheim.vet) ZONING ADMINISTRATOR DECISION NO. ZA2001-22 Continued from the meeting of June 28, 2001 No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. 07/26/01 Page 1 ~J • Based on the evidence and testimony the Zoning Administrator approved Variance No. 2001-04441, subject to the following conditions: That the petitioner shall construct a five (5) foot wide sidewalk and provide parkway landscaping in the public right-of-way along the entire La Palma Avenue frontage of subject property (except at approved driveways), as required by the Public Works Department. The sidewalk shall be constructed in conformance with the most recently adopted Standard Detail No. 110 pertaining to sidewalks, as required by the City Engineer. Said information shall be specifically shown on the plans submitted for building permits to construct the approved block wall pilasters and wrought iron fence. 2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing in conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the fence and gate locations. 3. That the paved area between the approved fence (which fence shall be located a minimum of twelve feet from the La Palma Avenue right-of-way) and the existing industrial buildings shall be used only for vehicle parking and circulation (including loading and unloading trucks); and that said area shall not be used for storage or other outdoor uses. 4. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit for the fence and gates. 5. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. 6. That the landscaping in the minimum twelve (12) foot wide planter and the parkway adjacent to La Palma Avenue shall conform to Exhibit No. 3 (Landscape Plan) and shall include the following: (a) A minimum of thirty five (35) trees, based on a ratio of at least one (1) tree for every twenty (20) linear feet of street frontage, shall be provided in accordance with Code requirements. Said minimum thirty five (35) trees includes the existing trees that are retained. (b) A shrub screen (Raphiolepis Indica) shall be planted generally parallel to the street in accordance with Code requirements. Said shrubs shall be a minimum three (3) feet high at maturity. (c) That a final landscaping plan (which identifies the species, size, number and location of all the existing and new trees, the new plants [Raphiolepis Indica and Agapanthus as specified on Exhibit No. 3), and the sod which is to be retained) shall be submitted to the Planning Department and the Community Services Department, Urban Forestry Division (regarding the trees only), for review and approval. The new trees shall be minimum twenty four inch (24") box sized trees; provided, however, that the Urban Forestry Manager will review the species and size of the new trees in the context of the existing trees and may determine that smaller sized trees are appropriate. (d) That permanent irrigation facilities shall be provided for the twelve (12) foot landscaped area and the park way between the new fence and the new sidewalk. Such information shall be shown on the plans submitted for building permits. (e) That all the landscaping in the twelve (12) foot landscaped area and the park way between the new fence and the new sidewalk shall be properly and permanently maintained. If any of the plants are damaged, become diseased or die, they shall be replaced a timely manner. 07/26/01 Page 2 • • 7. That a building permit shall be obtained for the approved fence. 8. 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 (Site Plan), Revision No. 1 of Exhibit No. 2 (Fencing Plan), and Exhibit No. 3 (Landscape Pian), and as conditioned herein. 9. That prior to issuance of a building permit or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 4, 5, 6(c) and 6(d), above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 10. That prior to final building and zoning inspections, Condition Nos. 1 and 8, above-mentioned, shall be complied with. 11. 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. 07/26/01 Page 3 • • 2a. CEQA CATEGORICAL EXEMPTION-CLASS 1 Concur with staff. 2b. VARIANCE N0.2001-04440 Approved. OWNER: Mark T. Kettler Added a condition 6 East Yale Loop And Irvine, CA 92604 Amended #4 and #7. 15 day appeal LOCATION: 1125 and 1127 West Diamond Street. Property is 0.23 acre having a frontage of 75 feet and a maximum depth of 135 feet located 105 feet east of the centerline of Carleton Sr2083ds Avenue. 15 day appeal period. Waiver of minimum dimensions of parking spaces (10 feet by 20 feet required; 9.5 by 20 feet proposed *) to permit the conversion of carports into Project Planner: enclosed garages and to permit interior partition walls in conjunction with an (dseeCcDAnaheim.net) existing apartment complex in the RM-1200 (Residential, Multiple Family) Zone. *Advertised as 8 feet by 20 feet ZONING ADMINISTRATOR DECISION NO. ZA2001-23 Continued from the June 28 and July 12, 2001 Meetings. No one indicated their presence at the public hearina in opposition to the oro~osal and no correspondence in opposition was received. Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That the waiver is hereby approved on the basis that the existing number of parking spaces on the property is being maintained; and that adding garage doors and partition walls to the four carport spaces does not reduce the available parking on the property. 2. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided than the number of spaces necessary to accommodate all vehicles attributable to the existing apartments under the normal and reasonably foreseeable conditions of operation of such use. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the apartments. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the apartments (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Zoning Code). 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas provided for the apartments. 6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the apartments. 07/26/01 Page 4 • 7. That granting of this waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses. 8. That granting of this waiver, under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. Based on the evidence and testimony the Zoning Administrator approved Variance No. 2001-0440, subject to the following conditions: 1. That the length of the proposed garage spaces shall have a minimum clear dimension of twenty (20) feet; and that use of any of the four garage spaces (which were converted from four carports) for a laundry facilities shall be prohibited. 2. That access between the new garage parking spaces and the adjoining residential units shall be prohibited unless (a) such access can be provided in accordance with the appropriate City Codes and (b) the doors do not swing into the garages due to the garage widths being less than ten (10) feet wide. If access is proposed between the garage parking spaces and the adjoining units, the appropriate details shall be shown on the plans submitted for building permits. 3. Proposed Condition No. 3 was deleted at the Zoning Administrator public hearing. 4. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. Such plan shall include a barrier or buffer between the trash bin (at the location shown on Exhibit No. 1 "Site Plan") to protect the adjacent parking space. The specific barrier shall be submitted to the Streets and Sanitation Division for review and approval. This information shall be specified on the plans submitted for building permits. 5. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 6. 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, 2 and 3 (each exhibit is dated July 26, 2001); and as conditioned herein. 7. That the petitioner shall obtain the appropriate permits from the Building Division for the new garage doors and the partitions separating the individual garages. 8. That within a period of six (6) months from the date of this decision, Condition Nos. 2, 4, 5, 6 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 9. 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. 07/26/01 Page 5 • 3a. CEQA CATEGORICAL EXEMPTION-CLASS 1 3b. VARIANCE NO. 2001-04444 Concur with Staff. Approved OWNER: Sam E. Chappell Jr. Modified Condition 1785 North Partridge Street #1. Anaheim, CA 92806 LOCATION: 1785 North Partridge Street. Property is 0.15 acre located at the southwest corner of Kensington Avenue and 15 day appeal Partridge Street. Waiver of (a) maximum lot coverage and minimum open space (35% lot coverage in the RS-5000 Zone permitted; 37% proposed; 6,700 sq. ft. lot required fora 5-bedroom dwelling; 6,500 sq.ft. proposed, which is 200 sq.ft. smaller than required fora 5-bedroom dwelling) and (b) minimum side yard setback (5 ft. required; 3 ft. proposed) to construct a second story addition to an existing 2-story single family home on a corner lot in the RS-5000 Sr1007cw (Residential, Single Family) Zone. Project Planner: ZONING ADMINISTRATOR DECISION NO. ZA2001-24 (cwagner(caAnaheim.net) No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That this variance is approved on the basis that there are special circumstances applicable to the property consisting of shape, location and surroundings, which do not apply to other identically zoned properties in the vicinity, because this is a corner lot that is shaped like a trapezoid and the side street frontage is on Kensington Avenue which "dead ends" at the west (rear) property line of subject lot and, therefore, no adjoining property is impacted by the proposed addition; and that the petitioner submitted a booklet with photographs illustrating the "dead end" configuration of Kensington Avenue along the north property line of subject lot. 2. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity because similar waivers have been granted in this residential neighborhood, as discussed in paragraph (14) of the Staff Report to the Zoning Administrator dated July 26, 2001. Based on the evidence and testimony presented the Zoning Administrator approved Variance No. 2001- 04444, subject to the following conditions: (a) 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. (b) That plans submitted for building permits shall include elevation plans (east, north and west elevations) showing that the proposed addition will be architecturally compatible with the design of the existing house, including that the new roof over the addition will be compatible with the existing roof lines and that the roofing material and color will be the same as, or very similar to, the existing roof. 07/26/01 Page 6 C~ • 2. That prior to issuance of a building permit or within a period of one (1) year from the date of this decision, whichever occurs first, Condition No. 1(b), above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 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. 07/26/01 Page 7 • 4a. CEQA CATEGORICAL EXEMPTION-CLASS 1 I CONTINUED TO 4b. VARIANCE NO.2001-04445 ZA MTG. 9/6!01 OWNER: Pritchard Family Venture 1 Attn: Ron Pritchard 6 Via Mirage Rancho Santa Margarita, CA 92688 15 day appeal LOCATION: 115 North West Street and 1110 West Diamond Street. Property is 0.42 acres located south and west of the southwest corner of Diamond Street and West Street. Waiver of maximum fence height (3 feet high permitted; 8 feet high proposed) to permit and retain an existing 8-foot high block wall within the front yard of an existing 16-unit apartment complex in the RM-1200 (Residential, Multiple Family) Zone. ZONING ADMINISTRATOR DECISION NO. Sr8030kb Project Planner: Lbass(a~Anaheim.netl One person indicated their presence at the public hearing (Charles Anderson, P.O. Box 3447, Anaheim, 92803) for the project. This item was continued to September 6, 2001, so that the owner would have more time for revised plans. 07/26/01 Page 8 • Sa. CEQA NEGATIVE DECLARATION 5b. TENTATIVE PARCEL MAP NO. 2001-133 Concur with Staff. Approved OWNER: Milton Owens Revision to condition 542 Handy Street No. 1. Orange, CA 92876 AGENT: Tom Waters 1438 East Road 10 day appeal LaHabra Heights, CA 90631 LOCATION: 7680 Danielle Circle. Property is 1.76 acre located at the terminus of Danielle Circle, having a frontage of 306 feet on the east side of Danielle Circle and located 110 feet north of the centerline of Owens Drive. To establish a 2-lot single family residential subdivision in the RS-HS-22,000 (SC) (Residential, Single Family Hillside; Scenic Corridor Overlay) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2001-25 Sr8032kb Project Planner: (vnorwoodlc~Anaheim.net) No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Two people spoke in favor of the project, Mr. Ralph Kroomis, 236 Owens Drive, Anaheim (neighbor), Mr. S. W. Bradford, Placentia (friend of the owner) The Zoning Administrator approved Tentative Parcel Map No. 2001-133, based on the evidence and testimony presented at the meeting, subject to the following conditions: 1. That subject property is currently vacant although graded for development; and that the Anaheim General Plan Land Use Element designates the property for Hillside Estate Density Residential land uses. That the proposed map is consistent with the applicable General Plan. That the site is physically suitable for the proposed density of development. 4. That the design of the subdivision and/or the proposed improvements, which will be visible to Deer Canyon (a public park to the east), are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision and/or the type of improvements are not likely to cause serious public health problems. 6. That the design of the subdivision andlor the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the underlying property. 8. That granting of this tentative parcel map, under the conditions imposed, will not be detrimental to the peace, health, safety or general welfare of the citizens of Anaheim. 1. That the legal owner of the subject property shall execute and record an unsubordinated covenant obligating itself and any subsequent property owner/developer to comply with the following: 07/26/01 Page 9 • • (a) Prior to approval of a grading plan, or prior to issuance of a grading permit, or prior to issuance of a building permit, or prior to commencement of any other activities involving soil disturbancelclearing of coastal sage scrub areas, which ever occurs first: (1) The property owner/developer shall submit plans to the U.S. Fish and Wildlife Service, the California Department of Fish and Game, the County of Orange, and the Planning Department showing all areas of coastal sage scrub on the subject parcel which are proposed to be cleared or avoided; and (2) The property owner/developer shall submit to the Planning Department a letter from the U.S. Fish and Wildlife Service documenting that any proposed grading/soil disturbance/clearing activities are in compliance with the Central and Coastal Natural Community Conservation Program ("NCCP") requirements. (b) Prior to commencement of any grading activities, the property owner/developer shall provide for a qualified biologist to be present at any pre-grading conference to ensure that coastal sage scrub areas designated for avoidance are properly protected. Said biologist shall delineate all areas of coastal sage scrub which are to be protected with temporary fencing or other markers clearly visible to construction personnel. Proof in the form of a letter to indicate compliance with this condition shall be submitted to the Planning Department prior to commencement of grading activities. (c) Any and all coastal sage scrub on the subject property shall be avoided, unless otherwise approved in writing by the U.S. Fish and Wildlife Service and the California Department of Fish and Game in accordance with the NCCP requirements, and in accordance with a grading plan approved in by the City of Anaheim. Waste dirt and rubble shall not be deposited on coastal sage scrub, and no construction access, parking or storage of equipment or materials shall be permitted within the coastal sage scrub areas delineated on the grading plan/site plan for protection or avoidance. The proposed covenant shall be submitted to the Planning Department for review and approval, and the form of said covenant shall be approved by the City Attorney's Office. The approved covenant shall be recorded concurrently with the final map. A copy of the recorded covenant shall be submitted to the Zoning Division. 2. That both parcels shall be served with underground utilities in accordance with the City of Anaheim Electrical Rates, Rules and Regulations, and the Underground Policy. 3. That trash storage areas for each parcel shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. 4. That in connection with the submittal of plans for building permits for each parcel, the property owner/developer shall submit a plan to the Public Works Department, Streets and Sanitation Division, for review and approval showing storage and collection areas for three (3) automated trash barrels for each residential parcel. The plan shall be plan drawn to scale. 5. That a final parcel map to record the subdivision of subject property sha11 be submitted to and approved by the City of Anaheim and shall then be recorded in the Office of the Orange County Recorder. 6. That in connection with the submittal of any plans to the City which include grading, the property owner/developer shall plant minimum one (1) gallon sized vines (planted maximum three (3) feet on- center) adjacent to any retaining walls, existing or proposed. Such plans shall specify the landscaping and necessary irrigation facilities for such retaining walls, as required by the applicable City Codes. 07/26/01 Page 10 • • 7. That a grading covenant addressing the possibility of additional grading on these parcels after recordation of a final map shall be submitted to the Subdivision Section, Development Services Division, and approved by the City Attorney's Office and the Planning Department. The purpose of such a covenant is to acknowledge the objectives of the Land Use Element of the Anaheim General Plan, which include keeping grading to a minimum with development following the contours of the land and preserving the natural features of hillside areas while preserving overall low densities. The covenant shall include language prohibiting any further grading on either parcel, which grading is for the purpose of creating additional retaining walls over three (3) feet high and/or creating significantly larger building footprints and/or additional building pads, etc. If staff determines that the proposed grading (whatever the number of cubic yards} is for the purpose of creating such additional retaining walls and/or creating significantly larger building footprints and/or additional building pads, etc., the property owner shall submit the grading plan for consideration at a public hearing; and that, based on the evidence presented at the hearing, such grading plan may be approved or denied or conditionally approved by the City of Anaheim. The covenant shall include an accurate grading exhibit showing the existing grading on the entire property and, if known, any grading planned for the construction of one residence and its accessory structures on each parcel (i.e., garages, pools and decks). The covenant shall be recorded concurrently with the final map. 8. That prior to final parcel map approval, Condition Nos. 1 and 7, above-mentioned, shall be complied with. 9. 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. 07/26/01 Page 11 • 6a. CEQA CATEGORICAL EXEMPTION-CLASS 15 Concur with Staff. 6b. TENTATIVE PARCEL MAP NO. 2000-226 Approved. OWNER: Morteza and Theresa Yassini Trustees of the Yassini Living Trust Post Office Box 2110 10 day appeal Attn: Dan Van Rossen Ventura, CA 93002 LOCATION: 700-794 North Brookhurst Street. Property is 4.8 acres located at the southeast corner of Brookhurst Street and Gramercy Avenue. To establish a 3-lot, commercial subdivision in the CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) Zone. ZONING ADMINISTRATOR DECISION N0. ZA2001-26 I Sr8034vn Project Planner: (vnorwoodCc~Anaheim. net) 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 Tentative Parcel Map No. 2000-226, based on the evidence and testimony presented at the meeting, subject to the following conditions: 1. That a maintenance covenant shall be submitted to the Public Works Department, Development Services Division, and approved by the City Attorney's office. The covenant sha11 include provisions for shared maintenance of private facilities, including plumbing and drainage devices, in compliance with an approved Water Quality Management Plan. The covenant shall be recorded concurrently with the final map. 2. That an unsubordinated restricted covenant providing reciprocal access and parking, approved by the City Traffic and Transportation Manager and Zoning Division, and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. Said covenant shall include provisions to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signs, maintenance, land use and architectural control; and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 3. That individual water services and fire line connections will be required for each parcel in accordance with Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 4. That the property shall be served with underground utilities in accordance with the City of Anaheim Electrical Rates, Rules and Regulations, and the Underground Policy. 5. That, if necessary, the legal owner of the subject property shall provide the City of Anaheim with a public utilities easement, as required by the Electrical Engineering Division of the Utilities Department. 6. That any required relocation of City electrical facilities shall be at the developer's expense. 07/26/01 Page 12 • • That a parcel map to record the division of subject property shall be submitted to and approved by the City of Anaheim and shall then be recorded in the Office of Orange County Recorder. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 5 and 6, above-mentioned, shall be complied with. 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. 07/26/01 Page 13 C~ \J 7a. CEQA CATEGORICAL EXEMPTION-CLASS 15 I Concur with Staff. 7b. TENTATIVE PARCEL MAP NO.2001-160 Approved. OWNER: The Best Union LLC Attn: Sandy Lee 1300 East Katella Avenue Orange, CA 92867 LOCATION: 2381-2385 West Lincoln Avenue-Granada Inn. Property is 10 day appeal 1.8 acres located at the northeast corner of Lincoln Avenue and Gilbert Street. To establish a 2-lot, commercial subdivision in the CL (Commercial, Limited) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2001-27 Sr1008cw Project Planner: lcwaa nerCa~Anaheim. net) 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 Tentative Parcel Map No. 2001-160, based on the evidence and testimony presented at the meeting, subject to the following conditions: That trash storage area(s) shall be refurbished to comply with approved plans on file with the Public Works Department, Streets and Sanitation Division, as required by the Sanitation Division. 2. That the legal property owner shall irrevocably offer to dedicate an easement, thirty two (32) feet wide from the centerline of Gilbert Street, to the City of Anaheim on the final map. 3. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that will be used on-site to control predictable pollutants from storm water run-off. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 4. That a maintenance covenant shall be submitted to the Public Works Department, Development Services Division, and approved by the City Attorney's Office. The covenant shall include a maintenance exhibit and provisions for maintenance of private facilities. The covenant shall be recorded concurrently with the final map. 5. That, if necessary, the property owner shall provide a public utilities easement to the City of Anaheim as required by the Electrical Engineering Division of the Public Utilities Department. 6. That a streetlight shall be provided along the Lincoln Avenue street frontage to the satisfaction of the Electrical Engineering Division of the Public Utilities Department. 7. That any necessary relocation of existing electrical facilities or streetlights shall be at the expense of the developer. 07126/01 Page 14 • 8. That a separate water meter shall be installed for each parcel. 9. That the existing domestic water meter and/or fire line shall be upgraded to current standards. 10. That an unsubordinated restrictive covenant providing reciprocal access and parking, approved by the City Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. Said covenant shall identify the specific number of parking spaces, both existing and proposed, on each lot. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signs, maintenance, land use and architectural control; and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 11, That a final parcel map to record the division of subject property shall be submitted to and approved by the City of Anaheim; the approved final map shall be recorded in the Office of the Orange County Recorder. 12. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, above- mentioned shall be complied with. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. 07/26/01 Page 15 8a. CEQA CATEGORICAL EXEMPTION-CLASS 1 8b. WAIVER OF CODE REQUIREMENTS 8c. CONDITIONAL USE PERMIT N0.2001-04428 OWNER: Canyon Plaza Shopping Center LLC Attn: Harold Hembree P.O. Box 7250 Newport Beach, CA 92658 LOCATION: 5747 East Santa Ana Canyon Road-Maxwell's Restaurant. Property is 15 acres located at the northeast corner of Santa Ana Canyon Road and Imperial Highway. Concur with Staff. Approved Approved 15 day appeal To permit the expansion of an existing full-service restaurant, including outdoor dining areas and the continued sales of alcoholic beverages for on- Sr2082ds premises consumption in conjunction with an existing commercial retail center with waiver of minimum number of parking spaces in the CL (SC) (Commercial, Limited; Scenic Corridor Overlay) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2001-28 Project Planner: (dseeCa?Anaheim.net) No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Mr. Lee Petsas, 2001 E. 4'h Street, #112, Santa Ana, CA 92705, asked for a copy of the decision. Based on the evidence and testimony presented the Zoning Administrator approved Conditional Use Permit No. 2001-04428, subject to the following conditions: That subject restaurant shall continuously adhere to the following conditions, as required by the Anaheim Police Department: (a) That this establishment shall be operated as a "bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code. (b) That there shall be no pool tables maintained upon the premises at any time. (c) That subject alcoholic beverage license shall not be exchanged fora "public premises" (bar) type license nor shall the establishment be operated as a "public premises" as defined in Section 23039 of the California Business and Professions Code. (d) That the sale of alcoholic beverages shall not exceed forty percent (40%) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available, subject to audit and, when requested, for inspection by any City of Anaheim official during reasonable business hours. (e) That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without the issuance of proper permits as required by the Anaheim Municipal Code. (f) That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 07/26/01 Page 16 (g) That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from inside, promoting or indicating the availability of alcohol beverages. (h) That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. (i) That sale, service and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 2:00 a.m., seven (7) days a week. (j) That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. (k) That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress and egress, to permit deliveries, and in cases of emergency. (I) That the portion of this conditional use permit pertaining to the sale of alcoholic beverages shall expire one (1) year from the date of this decision unless a valid license has been issued by the California Department of Alcoholic Beverage Control ("ABC"). 2. That any roof-mounted equipment shall be comply with Anaheim Municipal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Zone Overlay. Such information shall be specifically shown on the plans submitted to the City of Anaheim for building permits. 3. 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. 4. That prior to commencement of the activity authorized by this decision or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1(I) and 3, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Further, if an extension of time is requested for the alcohol sales portion of this request, it shall be considered at a noticed public hearing. 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. 9. ITEMS OF PUBLIC INTEREST: NON E 07/26/01 Page 17