Minutes-ZA 2001/12/13~ ~
ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, DECEMBER 13, 2001 9:30 A.M.
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
ACZA 12130 ] .DOC
Staff Present:
Annika Santalahti, Zoning Administrator
Dave See, Senior Planner
Patricia Koral, Senior Word Processor
REPORTS AND RECOMMENDATIONS:
Alison Kott, Deputy City Attorney
Taher Jalai, Principal Traffic Engineer
Chris Martel, Code Enforcement Ofcr.
1a. ADMINISTRATIVE ADJUSTMENT NO. 2001-00216 APPROVED.
OWNER: Orville J. Schmidt
2857 W. Rowland Circle 15 day appeal
Anaheim, CA 92804
LOCATION: 2857 West Rowland Circle. Property is 0.17 acre, having a
frontage of 60 feet on the north side of Rowland Circle, a maximum depth of
120 feet, and is located 275 feet on the east of the centerline of Bel Air SR8171an.doc
Street.
Project Planner:
Waiver of minimum front yard setback (25 feet required; 20 feet, 4-inches (anouak(a7anaheim.net)
proposed) to expand the first floor and add a second floor to an existing Qs. 13
single-family residence in the RS-7200 (Residential, Single-Family) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2001-48
Appeal period will end at 5:00 p.m. on Thursday, December 13, 2001
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
1. That the request is hereby granted in accordance with Subsection 18.12.080 of
the Anaheim Municipal Code which permits waiver of minimum front yard setback in connection
with an administrative adjustment if the deviation does not exceed 20% of the Code requirement.
2. That no written opposition was received during the required 10-day notification
period which ended on December 13, 2001 at 5:00 p.m.
Based on the evidence presented to the Zoning Administrator, approved Administrative
Adjustment No. 2001-00216, subject to the following conditions:
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, 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, 3 and 4. Extensions for further time to complete
this condition 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.
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.
•
PUBLIC HEARINGS:
2a. CEQA CATEGORICAL EXEMPTION-CLASS 3
2b. VARIANCE NO.2001-04465
2c. REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE
WITH PREVIOUSLY-APPROVED EXHIBITS ON FILE FOR VARIANCE
NO. 3699
OWNER: Dennis Ponzio
342 S. Whitestone Drive
Anaheim, CA 92807
LOCATION: 342 South Whitestone Drive. Property is 0.52 acre located
on the southeast side of Whitestone and located 750 feet north
of the centerline of Ramsgate Drive.
Waiver of minimum front yard setback (25 feet required; 17 feet proposed) to
construct a new single family residence on an existing vacant lot in the RS-
HS, 22,000 (SC) (Residential, Single Family Hillside; Scenic Corridor
Overlay) Zone. The petitioner further requests a determination of substantial
conformance pertaining to approval of proposed exhibits in conformance with
a previously-approved structural height waiver for forty-nine single family
residences within this residential tract.
ZONING ADMINISTRATOR DECISION NO. ZA2001-49
APPROVED
15 day appeal
SR8172an.doc
Project Planner:
(anovak(cilanaheim.net)
QS. 197
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
1. That the waiver is hereby approved on the basis that the request is minimal because
only about 20 linear feet of the proposed dwelling (or 20% of the 101-foot wide lot) is located
within 25 feet from the street right-of-way; that the proposed dwelling is located on an angle
relative to the street frontage; that the average front setback will be about 35 feet; and that less
than 200 sq.ft. of the dwelling will encroach into the minimum 2,525 sq.ft. front yard (an
encroachment of less than 8%).
2. That the proposed elevation plans for this new single family residence substantially
conform to the conceptual exhibits previously approved in connection with Variance No. 3699
because the predominant appearance of this proposed house, as viewed from the street, will be
one story, in accordance with said conceptual exhibits.
3. That the small, accessory two-story architectural element over the garage will have a
negligible impact on the massing and bulk of the front elevation in accordance with said
conceptual exhibits; and that the overall building height will not exceed 32 feet , as shown on the
previously-approved conceptual exhibits.
4. That the petitioner indicated that neighbors and the home owners' association had
been advised of the proposal and did not object.
The Zoning Administrator approved Variance No. 2001-04465, subject to the following conditions:
•
That subject property 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, 3, 4, 5, 6 and 7, and as conditioned
herein.
That within a period of one (1) year from the date of this decision, Condition No. 1, 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 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.
•
3a. CEQA CATEGORICAL EXEMPTION-CLASS 1 CONTINUED TO
3b. VARIANCE NO. 2001-04466 FEB. 7, 2002
OWNER: Susan Manuel
201 Ocean Ave., #601-B 15 day appeal
Santa Monica, CA 90402
AGENT: Gerald Mintz
EATACOS
19081 Spicewood Lane
Huntington Beach, CA 92648
LOCATION: 5031 East Orangethorue, Unit B-1. Property is 3.88 acre
located at the northwest corner of Orangethorpe Avenue and Sr1043cw.doc
Kellogg Drive.
Waiver of minimum number of parking spaces (253 spaces required; 192 Project Planner:
spaces proposed and recommended by the City TrafFic and Transportation (cwagner(a,anaheim.net)
Manager) to permit an increase in seating for an existing restaurant,
(including accessory outdoor seating) within a commercial retail center in the Qs. ~~~
CL (SC)(Commercial Limited; Scenic Corridor Overlay) Zone.
ZONING ADMINISTRATOR DECISION NO.
•
4a. CEQA CATEGORICAL EXEMPTION-CLASS 1 (PREVIOUSLY-APPROVED) APPROVED WITH
4b. VARIANCE NO. 2000-04412 (READVERTISED) MODIFICATIONS TO
(TRACKING NO. VAR 2001-04462) CONDITIONS.
OWNER: Henry C. Marion, Trustee
C/O Gelb Enterprises
P.O. Box 8370
Van Nuys, CA 91409
AGENT: Leon Alexander
558 South Harbor Blvd.
Anaheim, CA 92805
LOCATION: 2424 West Ball Road -Anaheim Kinq Market.
Property is 3.1 acre located at the southwest corner of Ball
Road and Gilbert Street.
15 day appeal
To amend or delete a condition of approval pertaining to truck parking in SR8166kb.doc
order to store up to 3 delivery trucks on the premises for apreviously-
approved convenience market with waiver of minimum number of parking
Spaces. Project Planner:
jkbass _anaheim.net)
ZONING ADMINISTRATOR DECISION NO. ZA2001-50
Continued from the meetings of November 15, and 29, 2001 Qs. 2s
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
The Zoning Administrator hereby finds the following:
1. That on November 2, 2000, Decision No. ZA2000-41 was adopted by the Zoning
Administrator to grant Variance No. 2000-04412 (for waiver of minimum number of parking
spaces in order to establish a seafood delicatessen and restaurant in conjunction with a
commercial retail center); and that said Decision includes the following conditions:
"2. That there shall be no commercial truck deliveries after 10:00 a.m. or
before 9:00 p.m., seven days a week; and that commercial trucks
shall not be parked or stored on subject property except for loading
and unloading purposes.
(a) That commercial truck loading and unloading areas (for up to three (3)
trucks) shall be specifically designated on this commercial property; and
that such information, including the location and dimensions of each
area, shat! be submitted to the City Traffic and Transportation Manager
for review and approval prior to issuance of a building permit, and shall
then be shown on the plans submitted for building permits; and
(b) That, as required by the City Traffic and Transportation Manager, the
above-described truck loading and unloading areas shall be clearly
designated (striped); and
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(c) That the truck loading and unloading areas shall not be permitted within
sixty five (65) feet of Ball Road (that is, such truck areas shall not be
permitted in the two rows of parking spaces closest to Ball Road); and
(d) That no trucks shall be parked or stored within sixty five (65) of Ball
Road; and that no trucks shalt be parked or stored anywhere on subject
property for the purpose of advertising this commercial retail center or
any of the tenant businesses."
2. That the request is hereby by granted to permit one (1) truck to be parked all day
within a designated area screened by a fence and landscaping, and subject to the conditions of
approval, as amended herein.
3. That the request, as approved, will not be detrimental to the area, and will benefit the
use and appearance of this commercial retail center.
Based on the evidence and testimony presented the Zoning Administrator approved the
amendment to Decision 2001-41, adopted in connection with Variance No. 2001-04412, to permit
one (1) delivery truck to be parked and stored on the property during regular business hours, and
to amend the conditions of approval in their entirety to read as follows:
1. That the combined square footage of all food-related uses (restaurants and retail food
products) in this commercial retail center shall not exceed fifty percent (50%) of the total
square footage of the entire center.
2. That there shall be no commercial truck deliveries after 10:00 a.m. or before 9:00 p.m., seven
days a week; and that only one (1) commercial truck shall be permitted to park on subject
property, with the exception of temporary loading and unloading of other commercial delivery
vehicles.
3. That no required parking area shall be fenced or otherwise enclosed for storage or other
outdoor uses, except as otherwise approved herein.
4. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2332 (to permit on-sale alcoholic beverages in a proposed
restaurant, Units K and L), Conditional Use Permit No. 2283 (to permit on-premises sale and
consumption of alcoholic beverages in conjunction with meals only in a restaurant, Unit L),
and Conditional Use Permit No. 2266 (to permit on-premises sale and consumption of beer
and wine in an existing restaurant, Unit Z).
5. That no "compact" or "small car" parking spaces shall be permitted.
That granting of the parking waiver, as originally approved in connection with Decision No.
ZA2000-41, is contingent upon operation of the uses in conformance with the assumptions
and/or conclusions relating to the operation and intensity of use as contained in the parking
demand study that formed the basis for approval of said waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as
contained in the parking demand study, shall be deemed a violation of the expressed
conditions imposed upon said waiver which shall subject this variance to termination or
modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim
Municipal Code.
•
7. That the following landscaping improvements shall be made:
(a) That a landscaping plan shall be submitted to the Zoning Division for review and approval
showing a minimum of two (2) additional trees in the planter along Ball Road; that the
species, size and location of each tree shall be shown on the plan; and that the plan
shall also show the ten (10) existing trees on the property {species, size and location)
and any existing andJor proposed irrigation facilities. The Zoning Division will confer with
knowledgeable city staff and/or "Tree Power" to determine the most suitable trees for this
property; and
(b) That the petitioner and the owner of this commercial property shall confer and work with
Planning Department staff (Code Enforcement Division and Zoning Division) and "Tree
Power" to determine whether additional trees can be obtained and planted at this
property.
(c) That the landscaping plan shall also show the nine (9) foot high chain link fence
IntenNOVen With natural colored slats to screen the delivery truck parking area, and the
landscaping which will be planted on the outside of the fence to further screen the parked
truck from Ball Road.
8. (a) That the truck loading and unloading area and the surrounding parking spaces at the
west end of the parking area shall be clearly designated (striped), as required by the City
Traffic and Transportation Manager; and
(b) That the truck loading and unloading area shall not be permitted within sixty five (65) feet
of Ball Road (that is, such truck area shall not be permitted in the two (2) rows of parking
spaces closest to Ball Road); and
(c) That no trucks shall be parked or stored within sixty five (65) of Ball Road; and that no
trucks shall be parked or stored anywhere on subject property for the purpose of
advertising this commercial retail center or any of the tenant businesses.
9. 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, 2, and 3, and as conditioned herein,
including the planting of at least two (2) new trees in accordance with Condition No. 7, herein.
10. That within a period of two (2) months from the date of this decision, the petitioner shall
confer with staff regarding the landscaping, fencing and parking lot paving improvements
required under Condition Nos. 7 and 8, herein. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal
Code.
11. That within a period of six (6) months from the date of this decision, the petitioner shall have
complied with Condition Nos. 4, 7, 8 and 9, herein. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
12. 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.
13. That the outdoor enclosed area shall be for one (1) delivery truck parked during regular
business hours for loading and unloading in connection with the Anaheim King Market; that
said area shall not be used for outdoor storage; and that advertising shall not be placed on
the delivery truck.
14. That one (1) year from date of this Decision, Planning Department staff (Code Enforcement
Division and Zoning Division) shall submit a report to the Zoning Administrator under
"Reports and Recommendations" indicating the status of this approval for an enclosed
loading and unloading area for one (1) delivery truck in connection with the Anaheim King
Market, including the landscaping and fence enhancements.
ITEMS OF PUBLIC INTEREST: NONE