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Minutes-ZA 2001/08/09! ~ ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, AUGUST 9, 2001 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California Staff Present: Annika Santalahti, Zoning Administrator Judy Dadant, Senior Planner Patricia Koral, Senior Word Processor REPORTS AND RECOMMENDATIONS: Debra Knefel, Deputy City Attorney 1a. CEQA CATEGORICAL EXEMPTION -CLASS 4 1b. SPECIAL CIRCUMSTANCES WAIVER N0.2001-00015 OWNER: Gregory Wright 101 South Chaparral Court Anaheim, CA 92808 LOCATION: 101 South Chaparral Court: Property is 1.3 acres, located at the southwest corner of Kaiser Boulevard and Chaparral Gourt. Request for a waiver of Special Event Permit requirements to permit two block wall-mounted temporary banner during construction activities for a new church facility in the CO(SC)(Commercial, Office; Scenic Corridor Overlay) Zone. Approved 10 day appeal period. SR8036an.doc Project Planner: (anovak(a~anaheim. net) No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Annika M. Santalahti, Zoning Administrator, considered and approved request for Special Circumstances Waiver No. 2001-15 to permit two temporary banners mounted on a masonry block retaining wall at 101 South Chaparral Court (Light at The Canyon Church) for the remainder of the calendar year until December 31, 2001. She made the following findings: 1. That Gregory Wright, representing the Light at The Canyon Church, requested this special circumstances waiver to permit two banners (one existing banner and one proposed banner) through December 31, 2001; that the banners will be mounted on a 20-foot high retaining wall on the southeast corner of Kaiser Boulevard and Roosevelt Road facing the intersection; that a building is currently under construction on the property which is zoned CO(SC) (Commercial Office and Professional - Scenic Corridor Overlay); and that the Anaheim General Plan Land Use Element designates the property for General Commercial land uses. 2. That the Light at The Canyon Church is entitled under Conditional Use Permit No. 4170 for a church with accessory training center classrooms; and that the existing banner advertises the church and ACZA080901.doc -1- the proposed banner will advertise Santiago Canyon College continuing education classes which will take place at the church. 3. That subsections 18.02.055.060.0607 and 18.02.055.060.0608 of the Zoning Code permit a maximum of four 9-day special event permits (36 days annually) to be issued during a calendar year; and that the proposal is for up to five months or until construction is completed and the permanent signage is installed. 4. That the Zoning Administrator is authorized to consider special circumstances waivers to modify the requirements for temporary banners under subsections 18.02.055.080.0802 and 18.12.085 of the Zoning Code. 5. That this request is approved on the basis that both the church and the continuing education program will serve the public interest, safety and general welfare; and that, until on-site construction is completed and permanent signage installed, it is difficult to advise the public of programs that will be taking place at this location. 6. That there are extraordinary circumstances affecting this property because the site is elevated about 20 feet above the street grade and placing banners on the retaining wall provides a temporary solution to identifying the on-site uses that will be taking place. Under authority of Sections 18.02.055.080 and 18.12.085 and based on the above findings, the Zoning Administrator approved Special Circumstances Waiver No. 2001-15 for the herein described special events, subject to compliance with the following conditions: That two (2) banners (one existing and the second as proposed) are approved through December 31, 2001, or until installation of the permanent signage for 101 South Chaparral Court is completed, whichever occurs first. 2. That the size and location of two banners shall be substantially as shown on Exhibit Nos. 1 (site plan), 2 (photograph of existing banner #1) and 3 (drawing of proposed banner #2) on file with the Planning Department. 3. (a) That the appropriate special event permit(s) shall be obtained from the Planning Department. (b) That in connection with submittal of the first special events permit application, the petitioner shall also submit a photograph or drawing illustrating the placement of the existing banner and the proposed banner (to show that placement of the new banner will be compatible with the existing banner); and that a copy of said photograph or drawing, as approved by staff, shall be retained in the Special Circumstances Waiver No. 2001-15 file. 4. That each banner shall be maintained in good condition, and shall be replaced in the event that it deteriorates or is damaged. 5. That approval of this application constitutes approval of the proposal 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. ACZA080901.doc -2- PUBLIC HEARINGS: i 2a. CEQA CATEGORICAL EXEMPTION-CLASS 1 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2001-04406 Continued to August 23, 2001 OWNER: Canyon Plaza Shopping Center, L.L.C. Attn: Harold Hembree Post Office Box 7250 Newport Beach, CA 92658 15 day appeal AGENT: Tavinder Sawhmey 705 East Birch Street, "P" Brea, CA 92821 LOCATION: 5701 East Santa Ana Canyon Road - Shehnai Cusine of India. Property is 15 acres located at the northeast corner Project Planner: of Santa Ana Canyon Road and Imperial Highway. (cwaanerc(DAnaheim.net) To permit the sale of beer and wine for on-premises consumption in conjunction with afull-service restaurant in the CL(SC)(Commercial, Limited; Scenic Corridor Overlay) Zone with waiver of (a) minimum number of parking spaces and (b) maximum number of wall signs in the Scenic Corridor Overlay Zone. ZONING ADMINISTRATOR DECISION NO. 3a. CEQA NEGATIVE DECLARATION 3b. VARIANCE NO. 2001-04446 OWNER: Kipton Shawn Kahler 2801 E. Miraloma Anaheim, CA 92807 LOCATION: 2801- 2821 East Miraloma Avenue -Artistic Plating. Property is 1.83 acres located at the northeast corner of Miraloma Avenue and Blue Gum Street. Waiver of maximum floor area ratio to expand an existing industrial building in the SP94-1, D.A.5 (Northeast Area Specific Plan, Development Area No. 5-Commercial Area) Zone. ZONING ADMINISTRATOR DECISION NO. Request for a Continuance To August 23, 2001 15 day appeal Project Planner: (vnorwood anAnaheim.net) ACZA080901.doc -3- 4a. CEQA CATEGORICAL EXEMPTION-CLASS 3 4b. VARIANCE NO. 2001-04447 Approved OWNER: Paul Del Valle Inc 3306 Woodland Place Santa Ana, CA 92707 LOCATION: 1313 and 1316 North Paradise Court. Property is 0.34 acres located at the northerly terminus of Paradise Court having a frontage of 97 feet on the north side of Paradise Court and a maximum depth of 135 feet located 170 feet north of the centerline of Briarvale Avenue. 15 day appeal Waiver of minimum lot width and frontage (70 feet required; 35 feet proposed*) to construct two-single family homes in the RS-7200 (Residential, Single-Family) Zone. Project Planner: (cwagner(cr~.Anaheim. net) "Advertised as 26 feet ZONING ADMINISTRATOR DECISION NO. ZA 2001-29 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 the waiver, minimum lot width and frontage, is hereby approved on the basis that the underlying property (originally two lots) is irregularly configured due to right-of-way acquisition for freeway-widening purposes; and that the proposed subdivision is for two new lots which otherwise comply with the applicable Zoning Code requirements for useable open space, lot coverage and minimum setbacks from property lines (as illustrated by the site plan which shows the potential placement of two single-family dwellings). 2. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because there are other similar narrow frontages on cul-de-sac streets in the neighborhood; that a lot frontage waiver would be needed regardless of where the property lines are located; and that there is a special circumstance applicable in this case (i.e., the freeway widening) which justifies the requested waiver. Based on the evidence and testimony presented to me, { do hereby determine to approve Variance No. 04447, subject to the following conditions: 1. That a lot line adjustment plat to adjust the property lines such that said plat matches the submitted and approved site plan shall be submitted to the Public Works Department, Development Services Division, for review and approval by the City Engineer. That the approved lot line adjustment plat shall then be recorded in the Office of the Orange County. 2. That the property shall be provided with underground utilities in accordance with the Electrical Rates, Rules, and Regulations, and the City of Anaheim Underground Policy. ACZA080901.doc -4- • 3. That the property owner shall provide the Electrical Engineering Division of the City of Anaheim Public Utilities Department with public utilities easement(s) to be determined as electrical design is completed. 4. That any necessary relocation of existing electrical facilities shall be at the expense of the developer. 5. That a trash storage area shall be provided and maintained on each lot in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. 6. 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 No. 1, above-mentioned, shall be complied with. Extensions for further time to complete said condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 7. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plan is on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 8. That in connection with the issuance of building permits for a residence on each lot, Condition Nos. 2, 3, 5 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. 5. ITEMS OF PUBLIC INTEREST: NONE ACZA080901.doc -5-