Minutes-ZA 2002/10/31ACTION AGENDA
REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR
THURSDAY, OCTOBER 31, 2002 9:30 A.M.
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
ZA103102.doc
PRESENT:
Annika Santalahti, Zoning Administrator David See, Senior Planner
Moses Johnson, Deputy City Attorney Patricia Koral, Senior Word Processor
Melanie Adams, Associate Engineer John Ramirez, Assistant Planner
REPORTS AND RECOMMENDATIONS:
1a. CEQA CATEGORICAL EXEMPTION -CLASS 11
1 b. SPECIAL CIRCUMSTANCES WAIVER NO. 2002-00021
OWNER: Anaheim GatewayLLC
120 N. Robertson Boulevard
Los Angeles, CA 90048
AGENT: Patrick O'Daly
STDR Architects
3190-K Airport Loop Drive
Costa Mesa, CA 92626
LOCATION: 1430 North Lemon Street - 24-Hour Fitness: Property is
26.34-acres located at the southeast corner of Lemon Street and Durst
Street.
Request for a waiver of Special Event Permit requirements to permit a
temporary trailer and banners jn conjunction with a proposed health club
(under construction) within a commercial retail center of regional significance
in the CL (Commercial Limited) Zone.
Decision letter
Approved
Approved
10 day appeal period.
Sr2I2Ids.doc
Project Planner:
(dsee(anntthei m, net)
as. ss
OPPOSITION: None
On October 31, 2002, Anntka M. Santalahti, Zoning Administrator, considered your request for Special
Circumstances Waiver No. 2002-00021 to permit a temporary trailer, a banner and three small directional
signs until March 1, 2003 in conjunction with a health club which is under construction at 1430 North
Lemon Street (24-Hour Fitness Sport Club). She made the following findings:
10/31 /02
Page 1
1. That the property is partially developed with a commercial retail center zoned CL
(Commercial Limited); and that the Anaheim General Plan land use designation is General Commercial.
2. That a letter dated October 8, 2002 requesting this special circumstances waiver and
describing the proposal was submitted by Chris B. Bailey, Director of Construction, 24-Hour Fitness..
3. That the proposed 12' x 60' temporary trailer, which will be used for selling memberships to
the health club, will be located on the east side of the building that is under construction; that the trailer
will have a negligible impact on the parking lot serving the commercial retail center based on the number
of available spaces which exceed the actual usage of spaces at this time; and that the trailer will have a
negligible impact on the streets and highways in the area which are equipped to handle large traffic flows.
4. That approval of special circumstances waivers (allowing modification and/or waiver of
regulations pertaining to special events) is authorized by subsection 18.02.055.080 "Zoning Administrator
Review (of Special Events Permits)" and Section 18.12.085 "Special Event Permit -Review" of the
Anaheim Municipal Code.
5. That this specific request is for waiver of subsections 18.02.060.0607 which allows not more
nine consecutive calendar days per special event, and 18.02.060.0608 which allows not more than four
special event permits being issued to the same business during any calendar year (for a total of 36 days
annually); and that the proposal is for apre-sale temporary trailer, one banner and three small directional
signs for a future health club for the remainder of this calendar year (maximum 49 days) and through
March 1, 2003 (59 days) when the fitness club is scheduled to be open for business.
6. That the proposed temporary trailer, banner and directional signs, as approved, will not
adversely affect the adjoining land uses and the growth and development of the area in which they are
proposed to be located; and that approval of this special circumstances waiver, under the conditions
imposed, serves the public interest and general welfare, as discussed in the Staff Report to the Zoning
Administrator, dated October 31, 2002.
Under authority of subsection 18.02.055.080 and Section 18.12.085, the Zoning Administrator approved
Special Circumstances Waiver No. 2002-00021 for the herein described special event until March 1,
2003, subject to compliance with the following conditions:
1. That this special circumstances waiver permits the following:
One (1) temporary pre-sale trailer (twelve (12) feet wide by sixty (60) feet tong).
One (1) banner (thirty six (36) square feet in area) mounted on the pre-sale trailer.
Three (3) directional signs (three (3) square feet, each, and approximately three (3) to four (4) feet
high) located in the setback along Lemon Street at the northeast and southeast corners of the
northern entrance driveway and Lemon Street, and at the northeast corner of the southern driveway
and Lemon Street. Additionally, the exact location of the directional signs shall comply with
subsection 18.05.093.070 "Minimum Sight Distance Requirements for Freestanding Signs (at
intersection of streets or streets and driveways)" of the Anaheim Municipal Code.
A fourth directional sign (similar sign and height as above) is also permitted and shall be located so
as not to be visible to the public rights-of-way and/or adjacent properties.
The locations and appearances of the trailer, banner and directional signs are illustrated on Exhibit
Nos. 1 (Site Plan), 2 (directional signs), and 3 and 4 (photographs of similar directional signs)., which
drawings and photographs were submitted by the petitioner.
2. That the temporary pre-sale trailer, the banner and the three small directional signs shall be removed
from the subject property on or before March 1, 2003.
10/31 /02
Page 2
3. That no hot-air balloons, roof-mounted inflatable devices, or portable signs shall be permitted. Any
violation of this requirement shall result in the immediate termination of this special circumstances
waives
4. That the applicant shall maintain the banner and directional signs in good repair.
5. That prior to installing the temporary pre-sale trailer, the banner and/or the directional signs, the
applicant shall obtain a Special Event Permit and pay the appropriate fee(s). Additionally, any
necessary permit(s) shall be obtained from the Building Division for the temporary trailer.
10/31 /02
Page 3
PUBLIC HEARING ITEM:
2a. CEQA CATEGORICAL EXEMPTION-CLASS 3 Approved
2b. WAIVER OF CODE REQUIREMENT Approved -.
2b. CONDITIONAL USE PERMIT NO. 2002-04598 Approved
OWNER: Miguel N. Perez and Francisco Perez ta-dayappeai
1629 E. Crestlane Ave.
Anaheim, CA 92805
LOCATION: 1629 East Crestlane Avenue. Property is 0.15-acre sr sa3sr.ao~
having a frontage of 60 feet on the north side of East Crestlane Avenue, Project Planner:
having a maximum depth of 105 feet and is located 136 feet west of the tlramlrezno ananeim.netl
centerline of Baxter Street. os. tot
To permit and .retain an existing 55-foot high ground-mounted amateur-
operated radio transmitting tower and antenna in conjunction with asingle-
family residence in the RS-7200 (Residential, Single-Family) Zone with
waivers of maximum structural height (45 feet allowed; 55 feet proposed)
and minimum distance from a neighboring residential structure (55 feet
required; 35 feet proposed).
ZONING ADMINISTRATOR DECISION NO. ZA2002.38
Opposition: Ramona M. Griego, 1605 East Crestlane, Anaheim 92805,
Charlotte Gonzalez, 1635 E. Crestlane Avenue, Anaheim, 92805
The Zoning Administrator hereby finds the following:
1. That waivers (a) and (b), maximum structural height and minimum distance from neighboring
residential structure, are hereby approved on the basis that the transmission tower can be 'telescoped'
when not in use to lower its height to 35 feet or less; that the petitioner testified that the radio transmitting
tower is not in constant use, and estimated that it is typically used two to four times a week: and that,
therefore, as conditioned herein, the height of the transmission tower will be in compliance with the height
and setback standards for a majority of the time.
2. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity because, except when raised for radio
transmissions, the radio transmitting tower will comply with the maximum height requirement and with the
minimum distance requirement from adjoining residential structures.
3. That the proposed use, as conditioned herein, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the height of the transmission
tower will be lowered to approximately 35 feet when it is not in use.
4. That the size and shape of the site for the proposed use is adequate to allow full development
of the proposal 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 ground-mounted amateur-operated radio transmitting tower
and antenna in conjunction with asingle-family residence will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area because no traffic increase is
associated with said use.
10/31/02
Page 4
6. That granting of 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.
7. That Planning staff will obtain the telephone number for the Federal Communications
Commission ("FCC") division that oversees amateur radio communications/equipment and investigates
complaints regarding possible radio frequency interference with nearby electronic equipment such as
televisions, radios, telephones, etc.; and that said telephone number will be provided to the concerned
neighbors who were present at the public hearing; and that, as conditioned herein, a 'status report' will
be submitted to the Zoning Administrator in six months to provide an update regarding any FCC
investigation and findings concerning whether this specific installation is causing any radio frequency
interference problems for neighbors and, if so, how said problem is being resolved.
Based on the evidence and testimony presented, the Zoning Administrator hereby approves Conditional
Use Permit No. 2002-04598, subject to the following conditions:
1. That the appropriate permit(s) for the radio transmitting tower and antenna shall be obtained from
the Building Division.
2. That the radio transmitting tower and antenna shall maintain G.O. 95 clearances from any
overhead electrical lines, as required by the Electrical Engineering Division of the City Utilities
Department.
3. Recommended Condition No 3 was intentionally deleted at the October 31, 2002 public hearing.
4. That the subject properly shall be developed substantially in accordance with plans and
specifications submitted to the Ciry 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 (Condition
Nos. 2 and 7).
5. That within a period of six (6) months from the date of this decision, Condition Nos. 1, 2, 4 and 7,
herein -mentioned, shall be complied with. Extensions for further time to complete said
conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
6. 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.
7. That the existing antenna in front of the house shall be relocated to the back yard, into close
proximity with the 55-foot transmitting tower and, if feasible, attached to the 55-foot transmitting
tower; and that a plan showing where said antenna willbe relocated shall be submitted to the
Zoning Division for review and approval.
8. That the fifty five (55) foot transmitting tower (which is a telescoping tower) shall be lowered when
not in use by the operator.
10/31/02
Page 5
9. (a) That approximately six (6) months from the date of this decision (or earlier if
appropriate), Planning Department staff shall submit a 'status report' to the Zoning Administrator
as a "Reports and Recommendations" item discussing any investigation conducted by the
Federal Communications Commission regarding complaints about radio frequency interference
(with electronic equipment such as televisions, radios, telephones, etc.) possibly caused; by the
transmitting equipment used in connection with this 55-foot tower.
(b) That a notice of said public meeting (and a copy of the staff report) shall be mailed to
the owners of property within a three hundred (300) foot radius of this property, including to the
concerned persons who appeared at the October 3 and October 31, 2002 public hearing.
10/31 /02
Page 6
3a. CEQA CATEGORICAL EXEMPTION-CLASS 1
3b. VARIANCE NO. 2002-04538
Approved
Approved
OWNER: Alan T. Schwartz
20515 Via Tenorio ~ 5 day appeal
Yorba Linda, CA 92887
AGENT: Jimmy T. Nguyen
P:O. Box 15751 SrB461 vn.doc
Newport $each, CA 92659 Project Planner:
(vnonvood (~ anahei m. n et)
LOCATION: 504 South Brookhurst Street. Property is 0.79 acre property os. ao
having a frontage of 125 ft. on the east side of Brookhurst Street, a
maximum depth of 275 ft. and is located 492 ft. north of the centerline of
Orange Avenue.
Waiver of maximum fence height (8-ft. high wall required abutting a
residential zone: 6-ft. high proposed) to waive fencing and screening
requirements for a new parking lot for an existing banquet facility in the CL
(Commercial, Limited) Zone.
ZONING ADMINISTRATOR DECISION NO. ZA2002-39
OPPOSITION: There were two people indicated their presence at the public hearing in opposition to
the proposal and no correspondence in opposition was received; Richard Mendez, 425 S. Archer Street;
Kathryn Simon501 S. Archer Street.
The Zoning Administrator hereby finds:
1. That the waiver of maximum fence height pertains to an existing block wall which is proposed to
be retained between existing single-family homes to the east and a parking lot which will be installed in
approximately the rear half of subject property; that the front half of the subject property along Brookhurst
Street is developed with a chiropractor's office; and that the rear half of the subject property is currently
vacant and unimproved.
2. That the parking lot will be constructed for use jn connection with a banquet facility at 420
South Brookhurst Street located on the adjoining parcel to the north; and that said banquet facility is
entitled under Conditional Use Permit No. 2000-04277 on property which includes the parcels at both 420
South Brookhurst Street and 504 South Brookhurst Street (subject property), as discussed in the Staff
Report to the Zoning Administrator dated October 31, 2002.
3. That there are special circumstances applicable to the property consisting of its location and
surroundings, which do not apply to other identically zoned properties in the vicinity in that the existing
wall maintains consistency with existing conditions of the area and that a landscape buffer will be
provided along the masonry wall to provide additional screening between subject property and the
adjacent residential homes.
10131/02
Page 7
4. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity because the existing 6-foot masonry
wall separates single-family uses from commercial zoning, and that the subject property is not being
developed with new structures but rather with parking lot improvements to vacant land; therefore,
additional wall height and screening are not warranted.
5. That approval of this waiver is contingent upon development of a paved parking lot with
landscaping planters, a landscaping buffer along the masonry wall at the east property line, and lighting
fixtures to illuminate the parking lot; and if the activities in the currently vacant area which disturb the
residents living to the east do not cease because of the parking lot being developed, this variance maybe
re-advertised for public hearing and construction of an 8-foot high masonry wall maybe required.
The Zoning Administrator hereby approves Variance No. 2002-04538, subject to the following conditions:
1. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence.
2. That this parking lot shall be equipped with lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall
be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the
windows of nearby residences.
3. That the applicant shall be responsible for maintaining the premises free of litter at all times.
4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased andlor dies.
5. That the landscape planters shall be permanently maintained with live and healthy plants. That any
existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
6. That no required parking area shall be fenced or otherv/ise enclosed for storage or other outdoor
uses.
7. That no'compact' or'small car' parking spaces shall be permitted.
8. 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.
9. That final landscaping plans for the subject parking lot shall be submitted to the Zoning Division for
review and approval. Said plans shall show minimum twenty four (24) inch box sized trees, shrubs,
groundcover and vines to be planted in layers adjacent to the 6-foot masonry wall along the east
properly Tine. Said landscaping plans, including appropriate irrigation facilities, shall also show the
parking lot lighting fixtures required in Condition No. 2, above. Any decision made by the Zoning
Division regarding said landscaping plan may be appealed to the Zoning Administrator and/or City
Council. Following installation, all the landscaping shall be properly and professionally maintained to
insure mature and healthy growth.
10. 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 No. 1, and as conditioned herein.
10/31/02
Page 8
11. That prior to paving the parking lot or within a period of six (6) months from the date of this decision,
whichever occurs first, Condition Nos. 8 and 9, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in accordance with Section 18.03.Og0 of
the Anaheim Municipal Code.
12. That prior to commencing use of the parking lot or within a period of one (1) year from the date of this
decision, whichever occurs first, Condition No. 10, above-mentioned, shall be complied with.
13. 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 tp compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
10/31/02
Page 9
4. Items of Public Interest: NONE
The next meeting is scheduled for November~7'2002. -
10/3%f /02
Page 10