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Minutes-ZA 2002/01/10ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, JANUARY 10, 2002 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California Present: Annika Santalahti, Zoning Administrator David See; Senior Plannner Patricia Koral, Senior Word Processor PUBLIC HEARINGS: Melanie Adams, Associate Engineer Carol Flynn, Deputy City Attorney 1a. CEQA NEGATIVE DECLARATION • CONCUR W/STAFF 1b. VARIANCE NO. 2001- 04475 a Granted in part 1c. TENTATIVE PARCEL MAP NO. 2001-195 denying wvr. (b) Added conditions OWNER: RV and Boat Storage of Anaheim, LLC 9 Goodyear Irvine, CA 92618 AGENT: Ron Martin Var 15 day appeal 942 Calle Negocio, Ste. 100 TPM 10 day appeal. San Clemente, CA 92673 LOCATION: 1619-1631 South Euclid Street -Southern California Edison Easement. Property is 6.1 acre, having a frontage of 301 feet on the west side of Euclid Street, a maximum depth of 1,271 feet, and is located 220 feet south of the centerline of Cris Sr8182an.doc Avenue. Variance No. 2001- 04475 -For waiver of (a) minimum lot width to establish Project Planner: a 2-lot single family residential subdivision, and (b) minimum number, type and (anovak(c~anaheim.net) design of off-street parking spaces to demolish a garage in conjunction with an existing single family residence in the RS-A-43,000 (Residential/Agricultural) OS. 50 Zone. Tentative Parcel Map No. 2001-195 - To establish a 2-lot, single family residential subdivision. ZONING ADMINISTRATOR DECISION NO. ZA2002-01 Variance No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. 01/10/02 Page 1 The Zoning Administrator hereby finds the following: 1. That waiver (a), minimum lot width, is hereby approved on the basis that there are special circumstances applicable to the property consisting of the size and depth of the proposed Parcel 1 (1.1 acres and 376 feet deep) in the context of its location and surroundings, which do not apply to other single-family residentially zoned properties in the vicinity (which adjoin Parcel 1 on the north); and that the proposed lot line between Parcels 1 and 2 would appropriately separate the existing disparate residential use (on proposed Parcel 1) and the electrical transmission lines and nursery uses (on proposed Parcel 2). 2. That waiver (b), minimum number, type., and design of off-street parking spaces, is proposed because the property line separating proposed Parcels 1 and 2 is the same as the northerly edge of the existing utility line easement. 3. That waiver (b) is hereby denied on the basis that proposed Parcel 1 is large enough to accommodate a new 2-car garage and that there are no special circumstances applicable to the property such as size, shape, topography and/or location to justify the requested parking space waiver; that this decision is conditioned upon either the existing dwelling on proposed Parcel 1 being demolished or, if the dwelling is retained, a new 2-car garage being constructed in compliance with the applicable city codes (including obtaining a building permit) within a period of one year from the date of the final map being approved; and that a bond shall be posted prior to approval of a final parcel map to guarantee compliance with this condition. 4. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. Based on the evidence and testimony presented to Zoning Administrator, she has approved Variance No. 2001-04475, in part, subject to the following conditions: 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, and as conditioned herein. 2. That the legal property owner shall post a bond with the City of Anaheim, in a form and amount satisfactory to the Building Division and the City Attorney, to guarantee either (a) the construction of a new two (2) car garage on Parcel 1 in compliance with all applicable city codes including obtaining a building permit, or (b) the demolition of the existing single-family dwelling on Parcel 1 in compliance with atI applicable city codes including obtaining the appropriate permits; and that said improvement (i.e., either construction of a new garage or demolition of the existing dwelling) shall be completed within a period of one (1) year from the date the final parcel map is approved by the City of Anaheim and recorded with the Office of the Orange County Recorder; and, further, that the value of the bond shall take into account the fact that under current codes., a final map shall be recorded within a period of two (2) years from the date the tentative map is approved unless time extensions are approved, and that a maximum of three (3), one (1) year, time extensions may be granted in connection with a tentative map (which means that it may take up to five (5) years before a new 2-car garage is constructed or the existing dwelling is demolished). A copy of said bond shall be filed with this Variance No. 2001-04475. 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. 4. That the legal property owner shall obtain the appropriate demolition and any other necessary permits from the City of Anaheim for the demolition of any structures which are Ol/10/02 Page 2 proposed to be demolished, including the existing 2-car garage on Parcel 1, to ensure that no existing structures cross-over the new property line between Parcels 1 and 2, or otherwise violate existing city codes; and that demolition of the existing 2-car garage (and any other structures planned for demolition) shall be completed prior to approval of the final map. 5. That prior to approval of a frnal map in connection with Tentative Parcel Map No. 2001-195 or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2 and 4, 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. TPM: The Zoning Administrator hereby finds the following: 1. That this tentative parcel map indicates the future demolition of two shade structures, an attached garage, and an office to the rear of the existing 2,958 square foot single-family residence; that the house is proposed to remain on new Parcel 1 (the proposed 1.10-acre northerly parcel); and that no new construction is proposed. 2. That new Parcel 2 (the proposed 5.11-acre southerly parcel) contains an existing plant nursery operation and four Edison Company transmission towers; and that no new development or demolition is proposed on Parcel 2. 3. That the Southern Galifornia Edison Company has submitted a letter indicating that the proposed subdivision will not intertere with any activities within the boundaries of this tentative map, and the letter also states that if any development were proposed and required relocation of facilities on the Parcel 2, the property owner/developer would be requested to bear the cost of such relocation. 4. That the proposed map is consistent with the Anaheim General Plan. 5. That the design and/or improvement of the proposed subdivision is consistent with the Anaheim General Plan. 6. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 7. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. 8. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public ak large, for access through or use of the property within the proposed subdivision. 9. That the proposed subdivision will not have an adverse impact on the surrounding land uses. Based on the evidence and testimony presented to the Zoning Administrator she hereby approves Tentative Parcel Map No. 2001-195, subject to the following conditions: 1. That the property owner shall provide the Electrical Engineering Division of the City of Anaheim Public Utilities Department with a public utilities easement to be determined as electrical design is completed. 01/10/02 Page 3 2. That any required relocation of city electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad mounted equipment will be required. 3. 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 the Orange County Recorder. 4. That prior to final parcel map approval, Condition Nos. 1, 2, 6, 7 and 8, herein-mentioned, shall be complied with. 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. 6. That the legal property owner shall post a bond with the City of Anaheim, in a form and amount satisfactory to the Building Division and the City Attorney, to guarantee either (a) the construction of a new two (2) car garage on Parcel 1 in compliance with all applicable city codes including obtaining a building permit, or (b) the demolition of the existing single-family dwelling on Parcel 1 in compliance with all applicable city codes including obtaining the appropriate permits; and that said improvement (i.e., either construction of a new garage or demolition of the existing dwelling) shall be completed within a period of one (1) year from the date the final parcel map is approved by the City of Anaheim and recorded with the Office of the Orange County Recorder; and, further, that the value of the bond shall take into account the fact that under current codes, a final map shall be recorded within a period of two (2) years from the date the tentative map is approved unless time extensions are approved, and that a maximum of three (3), one (1) year, time extensions may be granted in connection with a tentative map (which means that it may take up to five (5) years before a new 2-car garage is constructed or the existing dwelling is demolished). A copy of said bond shall be filed with the Planning Department and placed in the Tentative Parcel Map No. 2001-195 file. That the legal property owner shall obtain the appropriate demolition and any other necessary permits from the City of Anaheim for the demolition of any structures which are proposed to be demolished, including the existing 2-car garage on Parcel 1, to ensure that no existing structures cross-over the new property line between Parcels 1 and 2, or otherwise violate city codes; and that demolition of the existing 2-car garage (and any other structures planned for demolition) shall be completed prior to approval of the final map in connection with Tentative Parcel Map No. 2001-195. 8. That this tentative parcel map is approved subject to approval of Variance No. 2001-04475. 01 /10/02 Page 4 2a. CEQA CATEGORICAL EXEMPTION-CLASS 3 • Concur wlstaff 2b. VARIANCE NO. 2001-04468 • Approved/based on Findings OWNER: Moussa Raiszadeh 5500 E. Santa Ana Canyon Rd. 15 day appeal Anaheim, CA 92807 AGENT: Moussa Raiszadeh 7649 E. Hollow Oak Rd. Anaheim, CA 92808 LOCATION: 349 South Ramsoate Drive: Property is 0.7-acre property, Sr8181kb.doc having a frontage of 111 feet on the west side of Ramsgate Drive, a maximum depth of 265 feet and is located 265 feet north of the centerline of Whitestone Drive. Project Planner: (kbass(a~anaheim. net) Waiver of maximum structural height (25 feet permitted; 33 feet proposed) to construct a new single-family home in the RS-HS 22,000 (SC}(Residential, QS. 197 Single Family Hillside; Scenic Corridor Overlay) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2002-03 No one indicated their .presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. The Zoning Administrator hereby finds the following: 1. That a similar height waiver was previously approved for this property in connection with Variance No. 4387 on February 10, 2000 with a condition requiring that a building permit be obtained within a period of 1 year from the date of approval; but that time extensions were not requested in a timely manner and, therefore, the variance expired. 2. That the maximum height of the proposed roof is about 27 feet with the exception of a 34-foot high, 25-foot diameter, rotunda; that the 490 sq.ft. rotunda accounts for about 10% of the 4,917 sq.ft. ground floor area of the proposed house; and that the Zoning Code permits up to 10% of the total roof area to exceed 25 feet if the maximum height is 30 feet and the maximum length of the ridgeline over 25 feet high is 10 feet. 3. That the proposed house "steps" down the slope from Ramsgate Drive; and that, as viewed from the street, the height of the house is about 24 feet with the height of the rotunda being 29 feet as measured from the grade level directly beneath. 4. That there are special circumstances applicable to this property pertaining to the extreme grade elevation, which drops about 40 feet from the street (along a distance of 265 feet). 5. That the strict application of the Zoning Code would deprive this owner of privileges that are enjoyed by other property owners in the surrounding neighborhood who have been granted similar waivers of maximum structural height. Based on the evidence and testimony presented to the Zoning Administrator, she hereby approves Variance No. 2001-04468, subject to the following conditions: That any required relocation of city electrical equipment shall be at the developer's expense; and that said relocation shall be completed prior to issuance of any grading permit or O t / 10/02 Page 5 building permit which would impact such electrical equipment, as required by the City of Anaheim. 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 through 8, and as conditioned herein. 3. 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 and 5, herein-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. 4. 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. That the property owner shall submit a letter to the Planning Department requesting termination of Variance No. 4387. Ol/10/02 Page 6 3a. CEQA CATEGORICAL EXEMPTION-CLASS 3 ' . Concur w/staff 3b. VARIANCE N0.2001-04473 a Approvedlbased on the Findings OWNER: David Linskens 370 S. Timken Anaheim, CA 92808 AGENT: David Linskens 15 day appeal 3156 E. La Palma Avenue, Ste. J Anaheim, CA 92806 LOCATION: 370 South Timken Road. Property is 0.45 acre having a frontage of 246 feet on the east side of Timken Road, having a maximum depth of 120 feet and is located 1,250 feet south of the centerline of Mohler Drive. sr8183.doc Waiver of minimum rear yard setback (25 feet required;-29- 9 feet proposed) to construct a new one-story single-family residence, with an attached Project Planner: garage in the rear, in the RS-HS-22,000 (SC) (Residential, Single Family (kbassCo~anaheim.net) Hillside; Scenic Corridor Overlay) zone. OS. 202 ZONING ADMINISTRATOR DECISION NO. ZA2002-04 No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. The Zoning Administrator hereby finds the following: That the waiver, minimum rear yard setback., is hereby approved on the basis that there are special circumstances applicable to this property consisting of its shape and the topography; that the extreme grade elevation change from the street restricts development of this property. 2. That strict application of the Zoning Code would deprive this owner of privileges that are enjoyed by other property owners who have been granted waivers of rear yard setback requirements in surrounding neighborhoods. Based on the evidence and testimony presented to the Zoning Administrator, she hereby approves Variance No. 2001-04473, subject to the following conditions: 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 through 3, and as conditioned herein. 2. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 and 2, 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 01/10/02 Page 7 4a. CEQA CATEGORICAL EXEMPTION-CLASS 7 m Concur wlstaff 4b. VARIANCE NO. 2001-04474 a Approved based on the Findings OWNER: Enrique Mendez 915 N. Dickel St. Anaheim, CA 92805 LOCATION: 915 N. Dickel Street. Property is 0.13 acre having a frontage 15 day appeal of 50 feet on the west side of Dickel Street, having a maximum depth of 109 feet and is located 180 feet north of the centerline of Laverne Street. Waiver of minimum front yard setback (25 feet required; 20 feet proposed) to sr8191 kb.doc construct a living room expansion and a covered :porch within the front yard setback area of a single family residence in the RS-7200 (Residential, Single Family) zone. Project Planner: ZONING ADMINISTRATOR DECISION NO. ZA2002-OS kbassCa~anaheim. net) OS. 71 OPPOSITION: That no one indicated their presence at the public hearing in opposition to the proposal; that an a-mail in opposition was received but that the person was present at the hearing and reviewed the proposed plans and withdrew the opposition; and that no other correspondence in opposition was received. The Zoning Administrator hereby find the following: 1. That the waiver is hereby approved on the basis that the request is minimal because the request is similar to what exists on the property and on other properties in the area; that the existing front porch will be enclosed and a similar new front porch will be constructed; and that the waiver is minimal consisting of only a 5-foot deviation from the Code requirement. 2. That there are special circumstances applicable to this property because its legally nonconforming size (5,450 sq.ft. versus 7,200 sq.ff. required in the RS-7200 Zone) and width (50 feet versus 72 feet required in the RS-7200 Zone) make it difficult for the property owner to comply with Code standards. 3. That the requested minor front setback will :not have an adverse impact on the character of the surrounding single family residential neighborhood. Based on the evidence and testimony presented to the Zoning Administrator she approves Variance No. 2001-04474, subject to the following conditions: 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, and as conditioned herein. 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, 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. Ol/10/02 Page 8 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. REVISED PAGE ON 1/7/02. 5. ITEMS OF PUBLIC INTEREST: NONE 01/10/02 Page 9