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Minutes-ZA 2001/08/23~ ~ ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, AUGUST 23, 2001 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California ZA082301.DOC Staff Present: Annika Santalahti, Zoning Administrator David See, Senior Planner Patricia Koral, Senior Word Processor REPORTS AND RECOMMENDATIONS: Larry Newberry, Senior Assistant City Attorney 1a. CEQA CATEGORICAL EXEMPTION -CLASS 1 1b. ADMINISTRATIVE ADJUSTMENT NO. 2001-00213 OWNER: David and Susan Bailey 3244 East Radcliffe Avenue Anaheim, CA 92806 AGENT: Landmark Remodelers Attn: Jerry Lutjens 19953 Valley Boulevard Walnut, CA 91789 LOCATION: 3244 East Radcliffe Avenue: Property is 0.12 acre, with frontages of 54 feet on the south side of Radcliffe Avenue, and 54 feet on the north side of Orangethorpe Avenue, having a maximum depth of 100 feet and located 540 feet west of the centerline of Thames Street. Waiver of maximum lot coverage (35% permitted; 37.6% proposed) to construct a dining room addition at the rear of an existing single family residence in the RS-5000 (SC)(Residential, Single-Family; Scenic Corridor Overlay) Zone. ZONING ADMINISTRATOR DECISION NO. 2001-30 Appeal period ended at 5:00 p.m. on Wednesday, August 22, 2001 Approved. 15 day appeal Project Planner: (vnorwoodCa~Ana heim. net) No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. ACZA082301.doc -1- 8/23/01 That the request is hereby granted in accordance with Subsection 18.12.080.020 of the Anaheim Municipal Code which permits waiver of maximum lot coverage in connection with administrative adjustments if the deviation does not exceed 10% of the Zoning Code requirement; and that the proposed lot coverage (2,035 sq.ft.) is only 7% (130 sq.ft.) more than permitted by Code (1,905 sq.ft.) for this residential lot. That no written opposition regarding the proposed waiver of maximum lot coverage (35% permitted, 37.6% proposed) for cone-story rear addition in conjunction with an existing single-family dwelling was received during the required 10-day notification period which ended on Wednesday, August 22, 2001 at 5:00 P. M. Based on the evidence presented the Zoning Administrator granted Administrative Adjustment No. 2001- 00213, subject to the following condition(s): 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 plans are on file with the Planning Department Marked Exhibit Nos. 1 and 2. That within a period of one (1) year from the date of this decision, the applicant shall obtain the appropriate building permits for the addition from the city. Extensions for further time to complete this condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. ACZA082301.doc -2- 8/23/01 ~J PUBLIC HEARINGS: u 2a. CEQA CATEGORICAL EXEMPTION-CLASS 1 2b. WAIVER OF CODE REQUIREMENT Approved in part. 2c. CONDITIONAL USE PERMIT N0.2001-04406 OWNER: Canyon Plaza Shopping Center, L.L.C. Attn: Harold Hembree Post Office Box 7250 15 day appeal Newport Beach, CA 92658 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 of Santa Ana Canyon Road and Imperial Highway. sRloiscw.doc To permit the sale of beer and wine for on-premises consumption in conjunction with afull-service restaurant in the CL(SC)(Commercial, Limited; Project Planner: Scenic Corridor Overlay) Zone with waiver of (a) minimum number of parking (cwapner(c~Anaheim.netl spaces and (b) maximum number of wall signs in the Scenic Corridor Overlay Zone. ZONING ADMINISTRATOR DECISION NO. 2001-31 Continued from the Zoning Administrator meeting of 8/9/01. No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Based on the evidence and testimony presented, The Zoning Administrator has approved Conditional Use Permit No. 2001-04406, in part. 1. That waiver (a), maximum number of wall signs in the Scenic Corridor Overlay Zone, is hereby granted, in part, approving two wall signs consisting of one sign on the north elevation (as illustrated on Exhibit No. 5) and a second sign above the windows of the proposed restaurant on the west elevation (as illustrated on Exhibit No. 3), and denying the proposed wall sign on the east elevation (illustrated on Exhibit No. 4) on the basis that there are special circumstances applicable to the property consisting of the location and surroundings, which do not apply to other identically zoned properties in the vicinity, because the two approved wall signs will be visible only to on-site traffic approaching the proposed restaurant from the east or west and that only one of the wall signs (the west facing sign) may be visible to off-site traffic on Imperial Highway, and that both approved wall sign locations are close to doorways to the subject restaurant; and that strict application of the Zoning Code would deprive the property of privileges enjoyed by several other properties in this commercial center, which businesses have two wall signs. 2. That waiver (b), minimum number of parking spaces, is hereby approved based on the parking analysis submitted by the petitioner and concurred with by the City Traffic and Transportation ACZA082301.doc -3- 8/23/01 • • Manager, which study indicates that the parking supply for this commercial center including the proposed restaurant exceeds the needs of the property; and that the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the existing and proposed uses than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of the uses. 3. That the parking 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 proposed use. 4. That the parking 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 proposed use (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 parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the existing and proposed uses. 6. That the parking 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 proposed use. 7. That the sale of beer and wine for on-premises consumption in conjunction with a bona fide eating establishment will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 8. That the size and shape of the site is adequate to allow full development of the proposed restaurant, including the sale and consumption of beer and wine in connection with meal service, in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 9. That the traffic generated by the proposed restaurant with the sale and consumption of beer and wine will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 10. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. ACZA082301.doc -4- 8/23/01 • 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. 2001-32 Continued from the Zoning Administrator meeting of 8/9/01 Approved/with modifi- cations to condition no. 6 and 10. 15 day appeal SR8052VN.doC Project Planner: (vnorwoodCa'?Anaheim. net) No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Based on the evidence and testimony presented, The Zoning Administrator approved Variance No. 2001- 0446, subject to the following. 1. That the proposed expansion is for an existing industrial building which was constructed in the ML (Limited Industrial) Zone before the area was rezoned to the Northeast Area Specific Plan No. 94-1 and the subject property was designated Development Area 5 (Commercial Area); and that the existing use and building are lawfully nonconforming, and expanding the building is permitted under Section 18.110.040.040.0401 pertaining to Expansion or Change of Nonconforming Uses. 2. That the number of parking spaces (58) which will be available for this building as proposed to be expanded complies with the requirement for industrial/warehouse uses (minimum 57 spaces). Alpha Area. That the proposal complies with the goals of the Redevelopment Plan for the Project 4. That the waiver is hereby granted on the basis that there are special circumstances pertaining to the size and use of this property which is developed with an industrial warehouse complex; and that, with the exception of the floor area ratio, the proposal complies with all other development standards of Development Area 5 of the Northeast Area Specific Plan. 5. That strict application of the Zoning Code would deprive this property of privileges enjoyed by adjoining properties to the north and east which were also developed under the ML (Limited Industrial) Code standards and subsequently reclassified to the SP 94-1 zone; and that this property is subject to the more restrictive development standards of Development Area 5 (Commercial Area), including an 0.25 FAR as compared to a 0.5 FAR on the adjacent properties in Development Area 1 (Industrial Area). 6. That the City Traffic and Transportation Manager has determined that the proposed waiver of the FAR limitation in connection with this industrial building on this property will not negatively ACZA082301.doc -5- 8/23101 impact traffic circulation in the area nor create an undue parking demand; and that no significant additionai traffic generation would occur as a resuit of this project and that on-site parking is sufficient. ACZA082301.doc -6- 8/23101 `J 4a. CEQA NEGATIVE DECLARATION 4b. VARIANCE NO. 2001-04449 Continued to OWNER: Peralta Hills LLC Sept. 6,2001 Attn: Brian Kerr 34 Balboa Coves Newport Beach, CA 92633 LOCATION: 194 South Lakeview Avenue. Property is 6.16 acres located on the north side of Lakeview Avenue, having a maximum depth of 745 feet, and located 130 feet east of the centerline of Cerro Vista Drive. 15 day appeal Waiver of maximum structural height to construct five 2-story, single-family residences in the RS-HS-43,000(SC)(Residential, Single-Family Hillside; Scenic Corridor Overlay) Zone. sRSOS~KB.doc ZONING ADMINISTRATOR DECISION NO. Project Planner: (kbassCa?Anaheim.net) ACZA082301.doc -7- 8/23101 • 5a. CEQA CATEGORICAL EXEMPTION-CLASS 1 5b. CONDITIONAL USE PERMIT N0.2001-04365 Approved OWNER: AEW Capital Management 15 day appeal 2 Seaport Lane Boston, MA 02210-2021 AGENT: CB ELLIS Attn: Stefanie Patrick 2125 E. Katella, #100 Anaheim, CA 92806 LOCATION: 701 South Weir Cannon Road-Caliente Grill. Property is 11.9 acres located on the southwest corner of Weir Canyon Road and Serrano Avenue. SR8070KB.doc To establish beer and wine sales for on-premises consumption in conjunction with an existing take-out restaurant within an existing Project Planner: commercial retail center in the SP88-1, Development Area No. 2 (Sycamore (kbassa(~.Anaheim.net) Canyon Specific Plan; Development Area No. 2-Commercial Area) Zone. ZONING ADMINISTRATOR DECISION NO. 2001-33 No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. Based on the evidence and testimony presented, the Zoning Administrator approved Conditional Use Permit No. 2001-04365 on the following basis: 1. That the existing take-out restaurant was established in connection with Conditional Use Permit No. 3304 which permits a 47-unit, 121,083 sq.ft. commercial retail center (Sycamore Canyon Plaza) with waivers of certain development standards including minimum number of parking spaces, and Condition No. 19 of Resolution No. 90R-352, adopted in connection with said conditional use permit, specifies that the permitted distribution of food uses (maximum of 20,000 sq.ft.) consists of fast food restaurant with seating (10,000 sq.ft.), sit down restaurant with waitress/waiterservice (8,000 sq.ft.) and fast food restaurant without seating (2,000 sq.ft.), and that said distribution may be modified if the intensity of the food uses does not exceed the approved square footages. 2. That the proposed use will not adversely affect the adjoining and nearby commercial and residential land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. ACZA082301.doc -8- 8123/01 5. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. ITEMS OF PUBLIC INTEREST: NONE. ACZA082301.doc -9- 8/23!01