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Minutes-ZA 2002/02/21 • ____ _ .~ ~~ ' r. ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, FEBRUARY 21, 2002 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California 102 DOC Present: Annika Santalahti, Zoning Administrator David See, Senior Planner Carol Flynn, Deputy City Attorney Patricia Koral, Senior Word Processor Alfred Yalda, Principal Transportation Planner PUBLIC HEARING: 1a. CEQA CATEGORICAL EXEMPTION-CLASS 1 Concur w/ Staff. 1b. VARIANCE NO. 2001-04466 Approved w/waiver OWNER: Susan Manuel Athanasios & Sofia Tatsis 15 day appeal 201 Ocean Ave., #601-B 5051 E. Orangethorpe Ave. Santa Monica, CA 90402 Anaheim, CA 92807 Christopher Drakos 1741 N. Kellogg Dr. Anaheim, CA 92807 AGENT: Gerald Mintz EATACOS Sr1059cw.doc 19081 Spicewood Lane Huntington Beach, CA 92648 Project Planner: 88 acre erty is 3 Pro Unit B-1 ethorpe t O 031 E (cwagner(a~anaheim.net) . . p , rang as LOCATION: 5 located at the northwest corner of Orangethorpe Avenue and Kellogg Drive. as. ~~~ Waiver of minimum number of parking spaces (289 spaces required; 192 spaces proposed and recommended by the City~Traffic and Transportation Manager) to permit an increase in seating for an existing restaurant, (including accessory outdoor seating) within a commercial retail center in the CL (SC)(Commercial Limited; Scenic Corridor Overlay) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2002-08 Continued from the meetin of December 13, 2001 and Februa 7, 2002 ACZA022102.doc Page 1 ,. OPPOSITION: Three people indicated their presence at the public hearing in opposition to the proposal, and 15 letters and a petition with 98 signatures in opposition to the proposal were received. Jim Bradshaw, (1139 N. Avila Place, Orange) concerned and in opposition. Sofia Tatsis, owner of Experanza Burgers, (5031-5051 E. Orangethorpe) concerned and in opposition. Larry E. Greer, GREER & CO., 1518 Dallas Drive, Anaheim, CA 92804 SUPPORT: A petition with 8 signatures in support of the proposal was submitted. Miriam Maldonado, owner, (5031 E. Orangethorpe, B-1, Anaheim) indicated her presence at the mtg. Gerald Mintz, 19081 Spicewood Lane, Huntington Beach, CA 92648 Carlos Ortiz, RBF Consultant, 14725 Alton Pkwy., Irvine, CA 92613 The Zoning Administrator hereby finds the following: 1. That the parking waiver is hereby approved on the basis that the number of additional parking spaces required by the Zoning Code for the proposed additional seating is minimal (only 3 parking spaces). 2. That the petitioner submitted a parking study prepared by a registered traffic engineer, RBF Consulting, dated September 28, 2001, to analyze the parking waiver and to determine whether adequate parking was available and the waiver was justified; and that the City Traffic and Transportation Manager reviewed the study, concurred with the findings, and determined that there will be sufficient parking for the proposal to increase seating for this existing restaurant. 3. That the parking study included parking counts during typical weekday and weekend periods, which are summarized in the parking analysis; that the peak parking demand experienced was on Saturday with 100 occupied parking spaces (52% utilization), which indicates a vacancy of 92 spaces; that similar findings were recorded for the weekday peak parking demand with 97 occupied parking spaces (51 % utilization), indicating a vacancy of 95 spaces; and that based on these findings, there is ample parking provided on-site. 4. That City Traffic Engineering staff also conducted an on-site parking survey and determined that adequate parking was provided on-site during weekday peak hours. 5. That this commercial retail center is legally nonconforming in that it was developed over 25 years ago (in 1975) under parking requirements and standards which have since been up-dated; that some of the on-site parking spaces may not be conveniently located for every patron of all the various businesses in the center, but that subject restaurant (Eatacos Mexican Food) is located in an area with easily accessed parking; and that the various businesses in the center (restaurants, medical offices, services such as television repair, and retail businesses including a supermarket) and have different peak parking demands throughout the day and the week. 6. That granting of the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses. 7. That granting of the parking 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. 8. That the parking waiver, under the conditions imposed, will not significantly increase traffic congestion within the off-street parking areas nor will it impede vehicular ingress/egress to adjacent properties. ACZA022102.doc Page 2 The Zoning Administrator, approves Variance No. 2001-04466, subject to the following conditions: That the granting of this parking waiver is contingent upon operation of the use 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 permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 2. 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, and as conditioned herein. 3. That permits shall be obtained from the Building Division if required for any improvements proposed in connection with this proposal. 4. That prior to commencement of the activity herein approved, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition No. 2, above-mentioned, shall be complied with. Extensions for further time to complete this condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 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. ACZA022102.doc Page 3 2a. CEQA CATEGORICAL EXEMPTION-CLASS 1 APPROVED 2b. VARIANCE NO. 2002- 04479 15 day appeal OWNER: Rahat Khan and Grace C.N. Khan 697 S. Scout Trail Anaheim, CA 92807 AGENT: Rahat Y. Khan 1938 N. Batavia St., Ste. K Orange, CA 92865 Sr8222an.doc LOCATION: 697 South Scout Trail. Property is 0.58 acre having a frontage of approximately 102 feet on the southwest side of Scout Trail, a maximum depth of approximately 392 feet and is located approximately 345 Project Planner: feet southwest of the centerline of Trapper Trail. (anovakC~ananeim.net) QS. 187 Waiver of minimum side yard setback (15 foot combined side yard area, not less than 6 feet on each side required; 11 combined feet, with a minimum of dimension of 5 feet, proposed) to construct an addition to an existing single- family residence in the RS-HS-10,000 (Residential, Single-Family- Hillside) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2002-09 No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. The Zoning Administrator finds the following: 1. That the requested waiver is hereby approved on the basis that the setback deviation is visually minor; that the adjoining property to the south is not, and can not, be developed with residential uses because it contains the Southern California Edison Co. Easement with overhead lines; and that the subject property is proportionally narrow and the rear portion of the lot is an unbuildable slope making it difficult to add onto this dwelling in compliance with the RS-HS-10,000 Zone standards. 2. That there are special circumstances applicable to this property pertaining to its deep and narrow shape, as well as the significant amount of unbuildable slope area in the rear of the property.. 3. That nearby residences will not be adversely impacted as a consequence of the proposed side yard setback because there are no residences on the adjoining property to the south of the subject property where the 5-foot side yard setback is proposed. 4. That the requested minor side yard setback will not have an adverse impact on the character of the surrounding single family residential neighborhood. ACZA022102.doc Page 4 The Zoning Administrator hereby approves Variance No. 2002-04479, based on the following conditions: ` 1. 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, 3, 4 and 5. 2. That within a period of one (1) year from the date of this decision, a building permit shall be obtained for the proposed addition. Extensions for further time to complete this condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. , 3. That construction of the approved addition shall commence, and be .completed, in a timely manner 1 after the appropriate building permits have been issued. 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. 3. ITEMS OF PUBLIC INTEREST: NONE. ACZA022102.doc Page 5