Minutes-ZA 2002/08/08ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, AUGUST 8, 2002 9:30 A.M.
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
ZA080802.DOC
Present:
Annika Santalahti, Zoning Administrator
Moses Johnson, Deputy City Attorney
PUBLIC HEARING ITEMS:
David See, Senior Planner
Patricia Koral, Senior Word Processor
1a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Concur w/Staff
1b. CONDITIONAL USE PERMIT NO. 3443 Approved
(TRACKING NO. CUP 2002-04563)
OWNER: Richard Ashley 15 day appeal
9502 Featherhill Avenue
Villa Park, CA 92672
Sr8389kb.doc
AGENT: Jeff Groton
634 N. Costello Project Planner:
Orange, CA 92869 (kbass a(~.anaheim.net)
QS. 113
LOCATION: 2229 East Lincoln Avenue. Property is 0.54-acre located 100
feet north of Lincoln Avenue, maximum depth of 236 feet and is located 490
feet west of the centerline of Paradise Lane (2229 East Lincoln Avenue-Miss
Mullet's Playhouse).
To modify previously-approved exhibits and amend conditions of approval to
retain unpermitted living quarters accessory to an existing child daycare
facility.
ZONING ADMINISTRATOR DECISION NO. ZA2002-23
Continued from the meeting of July 11, 2002.
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
The Zoning Administrator concurs with the findings:
1. That Conditional Use Permit No. 3443 was approved on August 15, 1991, by Decision
No. ZA 91-33, to permit a day care center for a maximum of 50 children; that Condition No. 14 of said
Decision specifies that the property shall be developed in substantially accordarice with plans and
ACZA080802.DOC 8/8/02
Page 1
specifications labeled Exhibit Nos. 1 through 3; and that said approved plans do not show accessory
living quarters in connection with the day care center.
2. That the business owner has submitted revised plans (Revision No. 1 of Exhibit Nos. 1
"Site Plan" and 2 "Dwelling Unit Floor Plan") and requested approval of said plans in order to retain an
existing 1,230 square foot residential dwelling (currently being used as an accessory caretaker's quarters)
located at the rear of the property; that the existing 2,400 square foot daycare center and outdoor
playground will remain as previously approved; and that no other changes or increases in the overall day
care center enrollment are proposed in connection with this request.
3. That the use, as amended, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located because the accessory living quarters were
originally approved in 1960 in connection with Variance No. 1232 which allowed said dwelling as a
second house on the property; and that the first house was converted to offices before being remodeled
for the day care center.
4. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
5. That the traffic generated by the use, as amended, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
6. That amending 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.
Based on the evidence and testimony presented to me, I do hereby determine to amend Decision No. ZA
91-33, adopted in connection with Conditional Use Permit No. 3443, to allow un-permitted accessory
living quarters (a caretaker's dwelling unit) in connection with the previously-approved day care center for
a maximum of 50 children, subject to the following conditions (which conditions shall replace in their
entirety the conditions previously adopted in connection with Decision No. ZA 91-33):
The Zoning Administrator hereby approves Conditional Use Permit No. 3443 which conditions shall
replace in their entirety the conditions previously adopted in connection with Decision No. ZA91-33:
1. That the petitioner/business owner shall request an inspection of the existing caretaker's dwelling unit
by the Building Division to determine compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City
of Anaheim; and that the appropriate permits shall be obtained from the City if any work is necessary.
That the existing driveways on Lincoln Avenue shall be maintained with standard curb, gutter, sidewalk
and landscaping.
3. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
4. That all driveways on Lincoln Avenue shall be maintained with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137.
5. That this day care center shall provide and maintain an on-site passenger loading and unloading area
acceptable to the City Traffic and Transportation Manager; that all children shall be dropped off and
picked up from the on-site circular driveway; that no children shall be dropped off or picked up from
Lincoln Avenue or from the public alley to the rear (north) of the property; and that the petitioner shall
so-inform all parents, guardians or others who drop off and/or pick up children. A site plan shall be
ACZA080802.DOC 8/8/02
Page 2
submitted to the City Traffic and Transportation Manager for review and approval showing said loading
and unloading area.
6. That an automatic fire sprinkler system shall be maintained as required bjr the Fire Department.
7. That a fire alarm system shall be maintained as required by the Fire Department.
8. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department.
9. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
10. That the proposal shall comply with all signing requirements of the CO (Commercial, Office and
Professional) Zone unless a variance allowing sign waivers is approved by the Planning Commission
or City Council.
11. That upon the cessation of this day care business, the accessory caretaker's unit shall be either
demolished or converted into an office structure as originally intended under Conditional Use Permit
No. 1007, which was approved by the City Council on April 9, 1968.
12. 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 Nos. 1 and 2, and as conditioned herein.
13. That within a period of six (6) months from the date of this decision, Condition Nos. 1, 3, 5, 8, 9 and 12,
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.
14. 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.
ACZA080802.DOC 8/8/02
Page 3
2a. CEQA CATEGORICAL EXEMPTION, CLASS 1
2b. VARIANCE NO. 2002-04516
OWNER: Martin and Concepcion Perales
2160 S. Anchor Street
Anaheim, CA 92802
AGENT: Frank Mitchell
P.O. Box 29131
Santa Ana, CA 92799
LOCATION: 2160 South Anchor Street. Property is 0.12-acre located 490
feet north of the centerline of Simmons Avenue, having frontages of 50 feet
on the east side of Anchor Street and 50 feet on the west side of Lewis
Street, and a maximum depth of 108 feet (2160 South Anchor Street).
Waiver of maximum lot coverage (35% permitted; 44% proposed) to construct
a family room addition onto the rear of an existing single-family residence in
the RS-5000(Residentiat, Single-Family) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2002-24
Continued from the meeting of July 11, and July 25, 2002
Concur w/Staff.
Approved
15 day appeal
Sr8384JR.doc
Project Planner:
(iaramirez a(~anaheim.netl
QS. 99
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence was received in opposition to the proposal.
SUPPORT: A petition was received with 13 signatures in favor of the proposal.
The Zoning Administrator hereby finds the following:
1. That the proposed waiver is hereby approved on the basis that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties in identical zoning classification in
the vicinity because the existing house was developed in 1969 in a residential subdivision zoned R-2-
5000 (One-Family) with a maximum permitted lot coverage of 45%; that in 1972 the R-2-5000 Zone was
re-titled RS-5000 and certain development standards were amended, including maximum lot coverage
which was reduced to 35%, thereby causing the existing lot coverage on subject property (39.8%) to
become legally nonconforming); and that 13 of the 17 houses on this side of the block (i.e., east side of
Anchor Street between (east-west) Anchor Street and Simmons Avenue) have lot coverages exceeding
35%, as discussed in paragraph (13) of the August 8, 2002 Staff Report to the Zoning Administrator.
2. That the proposed family room addition, which will replace an existing enclosed patio with a
similar square footage, will increase the lot coverage by only 251 sq.ft.
3. That, except for lot coverage, all other standards of the RS-5000 Zone will be complied with,
including the proposed 19-foot rear yard which exceeds the minimum 5 feet permitted for asingle-story
dwelling, the maximum number of bedrooms (three) permitted on a lot of this size (5,227 sq.ft.) and the
existing 19-foot front yard which exceeds the minimum required 10-foot setback; and that the
appearance of the house with the proposed addition, which will be visible from the rear (east) and side
(south) property lines, will be compatible with other homes in the neighborhood.
ACZA080802.DOC 8/8/02
Page 4
C~
Based on the evidence and testimony presented, the Zoning Administrator hereby approves Variance No.
2002-04516, subject to the following conditions:
1. 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.
2. That the walls and roof of the proposed family room shall match the architecture, building
materials and colors of the existing single-family residence; and that said information shall be
specified on the plans submitted for building permits.
3. That within a period of one (1) year from the date of this decision, the appropriate permits for the
proposed family room addition shall be obtained from the Building Division. Extensions for further
time to complete this condition may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
4. That prior to final building and zoning inspections of the family room addition, Condition Nos. 1
and 2, above-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.
ACZA080802.DOC
8/8/02
Page 5
3a. CEQA CATEGORICAL EXEMPTION. CLASS 1 Concur w/Staff
3b. VARIANCE NO.2002-04519 Approved
OWNER: Heliodoro Torres
216 N. Dahlia Drive
Anaheim, CA 92801 15 day appeal
LOCATION: 216 North Dahlia Drive. Property is 0.16-acre having a I Sr8383JR.doc
frontage of approximately 86 feet on the east side of Dahlia Drive, and a Project Planner:
Maximum depth of 89 feet, and is located 670 feet north of the centerline of (iaramirez(a~anaheim.neq
Lincoln Avenue.
QS. 39
Waiver of minimum front yard setback (**~ 22 feet required; 4A 18 feet
proposed) to construct an addition which encroaches into the required front
yard setback of an existing single-family residence in the RS-7200
(Residential, Single-Family).Zone.
*Advertised as 10 feet
ZONING ADMINISTRATOR DECISION NO. ZA2002-25
-° correctea on s~~wz.
OPPOSITION: 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 minimum front yard requirement for this property was inadvertently identified as 25
feet, but that the correct requirement is 22 feet based on the Zoning Code which specifies a front setback
of "...not less than 25% of the depth of the lot" in the RS-7200 Zone; and that subject property is 89 feet
deep and, therefore, the front yard requirement is 22 feet (instead of 25 feet); and under Section
18.12.080.010.0101, this petition should have been advertised as an Administrative Adjustment because
the proposed deviation (4 feet) from the required front yard setback is only 18% and the maximum
permitted deviation in connection with Administrative Adjustments is 20%.
2. That no objections, including no written objections, to this proposal were received during the 10
days following mailing of the public notice on July 26, 2002.
3. That based on this proposal having complied with the above-findings: a deviation of less than
20% from the Code standard in accordance with Section 18.12.080.010.0101, and no written objections
to the proposal having been received within 10 days following the mailing of the public notice in
accordance with Section 18.12.080.040, this petition, although advertised as a variance, shall be
considered as an Administrative Adjustment; and that this variance is, therefore, approved.
Based on the evidence and testimony presented, the Zoning Administrator hereby approves Variance No.
2002-04519, subject to the following conditions:
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.
ACZA080802.DOC 8/8/02
Page 6
2. That within a period of one (1) year from the date of this Decision, the appropriate permits for the
proposed addition shall be obtained from the Building Division. 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 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.
ACZA080802.DOC 8/8/02
Page 7
4a. CEQA CATEGORICAL EXEMPTION, CLASS 1 I Concur w/Staff
4b. VARIANCE NO. 2002-04520 Approved
OWNER: Bruce A. Kimbrell
1869 West Etm Avenue
Anaheim, CA 92804 15 day appeal
Sr8380.doc
LOCATION: 1869 West Elm Avenue. Property is 0.16-acre located at the Project Planner:
northwest corner of West Elm Avenue and Nina Place. IipramirezCa)ananeim.coml
Waiver of minimum side yard setback (12.5 feet required; 5 feet proposed) to as. a~
construct an addition which encroaches into the required side yard setback of
an existing single-family residence on a reversed comer lot in the RS-7200
(Residential, Single-Family) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2002-26
OPPOSITION: 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 this variance is approved on the basis that there are special circumstances applicable to
this property pertaining to the odd shape and orientation of the residence on the property; which makes it
difficult for the property owner to comply with Code development standards.
2. That the adjacent residence on Nina Place will not be adversely impacted as a consequence of
this side yard setback waiver because an appropriate line-of-sight will be maintained along Nina Place
between the proposed addition and the neighbor's driveway.
3. That approval of the requested side yard setback will not have an adverse impact on the
character of the surrounding single-family residential neighborhood.
4. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity because other properties in the neighborhood
currently enjoy astreet-side yard setback of 5 feet.
Based on the evidence and testimony presented, the Zoning Administrator hereby approves Variance No.
2002-04520, subject to 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 No. 1, and as conditioned herein.
2. That due to vehicular and pedestrian safety concerns along Nina Place and aesthetic issues, no new
wall or fence shall be constructed along the east property line of subject property along Nina Place.
3. That within a period of one (1) year from the date of this Decision, the appropriate permits shall be
obtained for the proposed addition from the Building Division. Extensions for further time to
complete this condition may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
ACZA080802.DOC 8/8/02
Page 8
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.
ACZA080802.DOC 8/8/02
Page 9
5a. CEQA CATEGORICAL EXEMPTION, CLASS 3 This item to be heard by
5b. VARIANCE NO. 2002-04521 Planning Commission.
OWNER: Omar M. Houry
517 South Gilbert Street
Anaheim, CA 92804
. 15 day appeal
LOCATION: 517 South Gilbert Street. Property is 0.26-acre, having a Sr8393.doc
frontage of 113 feet on the west side of Gilbert Street, a maximum depth of Project Planner:
102 feet and is located 140 feet north of the centerline of Orange Avenue. ianovak anananeim.comt
Waiver of maximum fence height (3 feet high permitted; 5.5 feet proposed) to Qs. 27
retain and permit existing unpermitted 5.5-foot high block wall pilasters and the
construction of new wrought iron panels in between the pilasters within the
required front yard setback of asingle-family residence in the RS-7200
(Residential, Single-Family) Zone.
ZONING ADMINISTRATOR DECISION NO.
Referred to the Planning Commission. To be considered by the Planning
Commission on September 9, 2002.
6. ITEMS OF PUBLIC INTEREST: NONE
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