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Minutes-ZA 2002/05/30ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR. THURSDAY, MAY 30, 2002 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California Annika Santalahti, Zoning Administrator Carol Flynn, Deputy City Attorney Melanie Adams, Associate Engineer PUBLIC HEARING ITEMS: David See, Senior Planner Patricia Koral, Senior Word Processor 1a. CEQA CATEGORICAL EXEMPTION, CLASS 3 1b. VARIANCE NO. 2002-04502 OWNER: Maria G. Delgadillo 626 N. Rose Street Anaheim, CA 92805 AGENT: Lorena Garcia 521 North East Street Anaheim, CA 92805 LOCATION: 626 North Rose Street :Property is 0.16-acre property located at the southeast comer of Rose Street and Wilhelmina Street (626 North Rose Street). Waiver of maximum fence height to retain and permit existing unpermitted 5 foot high block wall pilasters and the construction of new 4-foot high wrought iron panels in between the pilasters, within the required front yard setback of a single-family residence in the RS-7200 (Residential, Single-Family) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2002-17 Continued from the meeting of May 16, 2002. Concur with Staff. Approved with modification to Cond. #4. 15 day appeal period. Sr8319an.doc Project Planner: (anova k(a~ana heim. net) OS. 92 PRESENT: Lorina Garcia, Agent. 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 the waiver is hereby approved on the basis that strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification Page -1- 5/30/02 in the vicinity because there are many fences in the front setbacks in this neighborhood, including in this block on both sides of Rose Street; and that the proposal is similar to other fences that were constructed in similar locations and consist of block wall pilasters with wrought iron panels. 2. That there is a special circumstance applicable to this property consisting of its location at the southeast corner of Wlhelmina Street and Rose Street; that there is a relatively significant amount of traffic in the area because East Street is located one block to the east and Sycamore Street is located one block to the south, and both are designated arterial highways (East Street is a Secondary Arterial Highway and Sycamore Street is a Commuter Arterial Highway) and that, therefore, the petitioner wishes to enclose and protect the front yard. 3. That during the public hearing it was determined that the existing pilasters are located within the public right-of-way along Rose Street (the sidewalk is adjacent to the curb and there is a "parkway" between the sidewalk and the front property line); and that the petitioner will have to either obtain an Encroachment License from the Public Works Department to retain the pilasters in their existing location or, alternatively, relocate the pilasters out of the public right-of-way. Based on the evidence and testimony presented, the Zoning Administrator hereby approves Variance No. 2002-04502, subject to the following conditions: 1. That the appropriate permit shall be obtained from the Building Division for the existing block wall pilasters with proposed wrought iron panels. 2. That the property owner shall either (a) Relocate the existing block wall pilasters six and one-half (5.5) feet to the east, out of the public right-of-way along Rose Street, or (b) Obtain an Encroachment License from the Public Works Department to retain the existing pilasters and permit the proposed wrought iron panels at the existing location within the public right-of-way along Rose Street. 3. 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 and 3, and as conditioned herein. 4. That within a period of one (1) year from the date of this decision, Condition Nos. 1, 2 and 3, 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. 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. Page -2- 5130/02 2a. CEQA CATEGORICAL EXEMPTION, CLASS 15 Concur wlStaff 2b. VARIANCE NO. 2002-04505 V-Approved on basis of 2c. TENTATIVE PARCEL MAP NO. 2002-132 findings in staff report as. well as modifications to OWNER: Gary Almas and Joyce Almas the conditions_no. 2 & 3. 8055 Florence Avenue Downey, CA 90240 TPM-Approved, subj. to findings including AGENT: R. James Nugent . modification to 9851 Corella Avenue conditions no. 2 & 6. Whittier, CA 90603 LOCATION: 828 South Western Avenue. Property is 1.0-acre located at 15 day appeal(VAR) the northeast corner of Western Avenue and Teranimar Drive with frontages of 10 day appeal(TPM) 118 feet on the east side of Western Avenue and 285 feet on the north side of Teranimar Drive. Variance No. 2002-04505 Waivers of minimum lot width of a residential lot adjacent to an arterial Sr1085cw.doc highway (120 foot lot depth required: 79 feet proposed for Parcel 1) and orientation of residential lot adjacent to an arterial highway {residential lots Project Planner: required to rear onto an arterial highway; Parcel 1 proposed to side onto {cwaonerw"~anaheim coml Western Avenue) for the future construction of four detached single-family pg, to homes in the RS-7200 (Residential, Single-Family) Zone. Tentative Parcel Map No. 2002-132 To establish a 4-lot single-family residential subdivision. ZONING ADMINISTRATOR DECISION NO. ZA2002-18 Var. ZA2002-19 7pm. PRESENT: Jim Nugent, Agent, agreed with the staff report. No one indicated their presence at the public hearing in opposition to the proposal, and no correspondence in opposition was received. VAR - The Zoning Administrator hereby finds the following: 1. That waivers (a) and (b), minimum width of residential lots adjacent to arterial highways and required orientation of residential lots adjacent to arterial highways, are hereby approved on the basis that strict application of the Zoning Code would deprive the property of privileges enjoyed by other residential properties under identical zoning classification in the vicinity because there are four similar corner lots within 300 feet of subject property (at the intersections of Western Avenue with Rome Avenue and with Teranimar Drive), which have similar depths as measured from Western Avenue and which side onto Western Avenue. 2. That there is a special circumstance applicable to this property consisting of its location abutting an arterial highway (Western Avenue) which does not apply to most other identically zoned properties in the neighborhood; and that, with the exception of the waivers which pertain only to Parcel No. 1, all four proposed lots will comply with the applicable RS-7200 Zone standards; and that all four lots will be about Page -3- 5/30/02 50% larger than required in the RS-7200 zone (minimum 7,2D0 sq.ft. permitted, 10,757-10,944 sq.ft. proposed). Based on the evidence and testimony presented, the Zoning Administrator, hereby approves Variance No. 2002-04505, subject to the following conditions: 1. That prior to issuance of a building permit for a house on Parcel No. 1 (which adjoins Western Avenue) a six (8) foot high masonry block wall shall be constructed and maintained along the west property line abutting Western Avenue, excepting the front setback adjacent to Teranimar Drive where the wall height shall not exceed three (3) feet; or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee installation of said wall prior to final building inspection. Clinging vines to eliminate graffiti opportunities shall be planted on maximum three (3) foot centers, irrigated and maintained, adjacent to said wall facing Western Avenue; and that said information shall be shown on the plans submitted for building permits. 2. Proposed Condition No. 2 was deleted at the May 30, 2002 public hearing because it was added to the conditions approved in connection with Tentative Parcel Map No. 2002-132. 3. That a new sanitary sewer lateral shall be constructed for each house. All laterals shall connect to the existing public sewer on Teranimar Drive, as required by the Public Works Department. The existing sewer laterals may be approved for use if they are in good condition. 4. Proposed Condition No. 4 is intentionally deleted because Council Policy No. 542 is applicable to residential development along Major and Primary Arterial Highways; and Western Avenue is designated a Secondary Arterial Highway and is, therefore, not subject to said Policy. 5. That subject property shall be developed substantially in accordance with the plan (Tentative Parcel Map No. 2002-132) submitted to the City of Anaheim by the petitioner and which plan is on file in the Planning Department marked Exhibit No. 1, and as conditioned herein.. 6. That prior to issuance of the first building permit, Condition No. 8, herein-mentioned, shall be complied with. 7. That approval of this application constitutes approval of the proposed request only to the extent that is 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. 8. That approval of Variance No. 2002-p4505 is contingent upon recordation of Final Parcel Map No. 2002-132, which was processed in conjunction with this variance; and that the property owner/developer shall provide evidence to the Planning Department that the final map has been recorded with the office of the Orange Recorder. If a final map is not recorded and Tentative Parcel Map No. 2002-132 expires, this variance shall expire and thereafter be deemed null and void. TPM - The Zoning Administrator hereby finds the following: 1. That the proposed 4-lot single-family residential subdivision and its improvements are consistent with the Anaheim General Plan because the Low Density Residential land use designation permits up to 6 dwelling units per gross acre and the proposed density is equivalent to 4 dwelling units per gross acre. 2. That the site is physically suitable for the type and density of the proposed RS-7200 (Residential, Single-Family) zoned development. Page -4- 5130/02 3. That the design of the proposed subdivision and the proposed improvements are not likely to cause substantial environmental damage or to substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Based on the evidence and testimony the Zoning Administrator approved Tentative Parcel Map No. 2002- 132, subject to the following conditions: 1. That all existing structures shall be demolished, moved, or remodeled to conform to Building Code and Zoning Code setback requirements. The developer shall obtain any necessary demolition permits from the Building pivision. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim on the final parcel map, an easement of thirty two (32) feet from the centerline of Teranimar Drive including a corner at Teranimar Drive and Western Avenue, as required by the City Engineer . 3. That a final parcel map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor, and recorded in the Office of the County pf Orange Recorder. 4. That the developer shall pay the appropriate Sewer Capacity Mitigation Fee. 5. That each parcel shall be assigned street addresses by the Building Division. 6. That the developer shall construct street improvements along Western Avenue and Teranimar Drive in conformance with the Circulation Element of the Anaheim General Plan and Standard Engineering Rlans, as approved by the City Engineer. A four (4) foot wide sidewalk shall be constructed along Teranimar Drive and a five (5) foot wide sidewalk shall be constructed along Western Avenue. The sidewalks shall be constructed adjacent to the right-of-way line. The parkway between the sidewalk and the curb shall be landscaped and irrigated as approved by the Urban Forestry Division of the Community Services Department. Anew sidewalk handicapped access ramp shall be constructed. The existing driveway approach on Western Avenue shall be removed and replaced with curb, gutter and sidewalk. The street improvement plan shall be submitted to the Public Works Department, Development Services Division, for review and approval. Street improvements may be shown on the grading plan. An Improvement Certificate shall be placed on the final parcel map to guarantee that the street improvements will be completed prior to issuance of a certificate of occupancy for the first dwelling unit. 7. That prior to final parcel map approval, Condition Nos. 1, 2, 4, 5 and 6, above mentioned, shall be complied with. 8. That approval of this application constitutes approval of the proposed request only to the extent that is 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. 9. That approval of this tentative parcel map is contingent upon approval of Variance Nc. 2002-004505. Page -5- 5/30/02 3a. CEQA CATEGORICAL EXEMPTION. CLASS 3 3b. VARIANCE NO. 2002-04501 OWNER: Jim H. Roberts 20379 Fallen Oak Yorba Linda, CA 92886 AGENT: Antonio Tang Promaster Dev., INC 23447 Golden Springs Drive Diamond Bar, CA 91765 LOCATION: 357 South Ramsgate Drive. Property is 0.71-acre property has a frontage of 80 feet on the west side of Ramsgate Drive, has a maximum depth of 265 feet and is located 190 feet north of the centerline of Whitestone Drive. Waiver of maximum structural height to permit the construction of a new two- story, single-family residence in the RS-HS-22,000 (SC) (Residential, Single- Family Hillside; Scenic Corridor Overlay) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2002-20 Continued from the meeting of May 16, 2002. Goncurlwith staff.:..... Approved. 15 day appeal Sr8317kb.doc Project Planner: (kbassralan aheim.com) OS. 197 PRESENT: Tony Tang, Agent, 23447 Golden Springs Drive, Diamond Bar, CA 91765. No one else was present wishing to speak for or against the project and no correspondence was received. The Zoning Administrator hereby finds the following: 1. That the waiver is hereby granted on the basis that there is a special circumstance applicable to this property consisting of its topography and the extreme grade elevation changes which impact develop potential of this property; that the grade difference between the street (Ramsgate Drive) and the building pad (the street is about 10 feet higher than the building pad) and between the building pad and adjacent lots (the building pad to the south is 20 feet higher than subject building pad and the building pad to the north is about 15 feet lower) and, therefore, the proposed house will be extend only 22 feet above the street grade and 12 feet above the building pad to the south; that the site cross-sections submitted by the petitioner indicate that the proposal will not adversely impact the views from the adjacent lot to the south or from Ramsgate Drive; and that the porticn of the proposed house which exceeds 25 feet consists wholly of the roof with no windows. 2. That the proposed residence will not have a height greater than originally permitted under Variance No. 3699 (which permits up to 49 houses in the underlying Tract No. 9524, with heights ranging from 26 to 38 feet); and that since the proposal consists of a 2-story home oriented directly towards the street which is different from the previously-approved split-level home with one-story facing the street, which is the predominant style in Variance No. 3699, a new variance was advertised for the proposal. 3. That the 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 maximum structural height in the surrounding neighborhoods. Page -6- 5/30/02 Based on the evidence and testimony the Zoning Administrator hereby approves Variance No. 2002-04501, subject to the following conditions: 1. That any required relocation of City electrical equipment shall be at the developer's expense. 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 Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 through 8, and as conditioned herein. 3. That within a period of one (1) year from the date of this decision, the developer shall obtain a building permit and commence construction of the approved single-family dwelling. 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. 4. ITEMS OF PUBLIC INTEREST: NONE DUE TO NO MEETING SCHEDULED FOR JUNE 13, 2002. MEETING ADJOURNED TO JUNE 27, 2002 Page -7- 5I30I02