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Minutes-ZA 2005/09/15 L ANAHEIM ZONING ADMINISTRATOR ACTION AGENDA THURSDAY, SEPTEMBER 15, 2005 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California STAFF PRESENT: Annika Santalahti, Zoning Administrator Mark Gordon, Deputy City Attorney David See, Senior Planner James Ling, Associate Engineer Kim- Wong, Planning Aide Pat Chandler, Senior Secretary AGENDA POSTING: A complete copy of the Zoning Administrator Agenda was posted at 7:00 p.m. on September 9, 2005 inside the display case located in the foyer of the Council Chambers, and also in the outside display~kiosk. PUBLISHED: Anaheim Bulletin Newspaper on Thursday, August 25, 2005. PUBLIC HEARING ITEMS PUBLIC COMMENTS ADJOURNMENT H:\docs\zoningadmin\agendas\acza091505.doc zoningadmirisa ~3tor~~~anaheim.net ACZA091505.DOC Page 1 • REPORT & RECOMMENDATION: 1a. CEQA CATEGORICAL EXEMPTION -CLASS 11 1b. SPECIAL CIRCUMSTANCES WAIVER NO. 2005-00031 OWNER: Diocese of Orange 2811 E. Villa Real Drive Orange, CA 92867 AGENT: Joe Steinmetz St. Justin Martyr Church 2050 W. Ball Road Anaheim, CA 92804 Concurred with staff Approved (until April 30, 2006) 10 day appeal period LOCATION: 2050 West Ball Road: Property is 7.3 acres, located at the southeast corner of Ball Road and Empire Street, with frontages of 419 feet on the south side of Ball Road and 757 feet on the east side of Empire Street. Request approval of a Special Circumstance Waiver to permit a canopy for congregation assembly during reconstruction of an existing church. ZONING ADMINISTRATOR DECISION LETTER Project Planner: (jnixon@anaheim.net) Q.S. 42 Srscw2005-00031 j kn.doc Annika Santalahti, Zoning Administrator, introduced the item. Michael Shaffer, Director of Risk Management for the Diocese of Orange, stated that as they are getting more in depth into the restoration he feels it would likely advance into March or April as opposed to immediately following the first of the year as previously suggested in his email. 1. That all hot-air balloons and roof-mounted inflatable devices shall not be permitted. 2. That a minimum twenty (25) foot wide clearance shall be provided in the main driveway area and parking lots at all times for vehicle back-up and fire lane purposes. 3. That all outdoor activities associated with the banquet events shall not occur after 10:00 p.m., seven days a week. 4. That the appropriate permits, including a special event permit, shall be obtained from all applicable City departments. 5. 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 Services Department marked Exhibit No. 1 and as conditioned herein. 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 ACZA091505.DOC Page 2 • 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. PUBLIC HEARINGS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (PREVIOUSLY APPROVED) 2b. CONDITIONAL USE PERMIT NO.2003-04724 (TRACKING CASE NO. C U P2005-05020) OWNER: Inc., Aoun P.O. Box 308 Buena Park, CA 90621 Attention: Diana Madi LOCATION: 1734 South Euclid Street and 1681-1691 West Katella Avenue: Property is 1.74 acres located at the northeast corner of Euclid Street and Katella Avenue, with frontages of 342 feet on the east side of Euclid Street and 232 feet on the north side of Katella Avenue. To amend or delete conditions of approval pertaining to live entertainment in an existing restaurant with on-premises alcoholic beverage sales. ZONING ADMINISTRATOR DECISION NO. ZA 2005-17 Concurred with staff Approved 15 day appeal period Project Planner: Kimberly Wong (kwong2@anaheim.net) Q.S. 57 Annika Santalahti, Zoning Administrator, introduced the item. Dave See, Senior Planner, stated the Police Department recommended approval of the item but wished conditions limiting the project to one (1) year; limiting the hours from 7 p.m. to 11 p.m. Thursday through Sunday; and limiting the business to karaoke only to make sure it did not become something beyond that requested, i.e., a dancehall, no coverage charge, etc. THE PUBLIC HEARING WAS OPENED. Diana Madi, representing the landlord for Aoun Plaza, Aoun, Inc., along with the owner from Quan Choi stated they are a little concerned with the limitations from Thursday to Sunday because they wanted to be able to offer karaoke Monday through Sunday. Ms. Santalahti asked if there were other onsale facilities in the location. Ms. Madi responded four (4) including; Bombay, Las Cruces Mexican Restaurant, P&J Liquor and Philly's Grill. The applicants would put up a sound barrier wall facing the empty lot on the east side to make sure tenants and residents on Sumac Lane were not disturbed. Also, the letters concerning parking on Sumac Lane were not from their shopping center but from the Indian House Restaurant. Ms. Santalahti asked if the Police Department were aware of the preference to have a full week rather than being limited to Thursday through Sunday. ACZA091505. DOC Page 3 • • Mr. See responded the Police Department is aware but are still requesting Thursday through Sunday. Ms. Santalahti stated preference to concur with the Police Department's recommendation in the context of a shorter period of time (for example 6 months) to see how it would work out. THE PUBLIC HEARING WAS CLOSED. Mark Gordon, Deputy City Attorney, stated pursuant to Title 4.18 of the Municipal Code a condition of approval requiring the applicant to obtain an entertainment permit needed to be added to the conditions. Mr. See stated staff would add new conditions to require an entertainment permit; limiting the permit for one (1) year; limiting the hours from 7 p.m. to 11 p.m. Thursday through Sunday; and limiting the business to karaoke only. ACZA091505. DOC Page 4 • 3a. CEQA NEGATIVE DECLARATION 3b. TENTATIVE PARCEL MAP NO. 2005-201 OWNER: Guthrie Shepard Street, LLC 3185 Airway Avenue Suite F Costa Mesa, CA 92626 AGENT: DRC 8175 E. Kaiser Boulevard Anaheim, CA 92808 LOCATION: 1041 North Shepard Street: Property is 7.0 acres, located at the southwest corner of Shepard Street and Carpenter Avenue, with frontages of 110 feet on the west side of Shepard Street and 80 feet on the south side of Carpenter Avenue. Continued from September 1, 2005 To establish an 8-lot, 22-unit airspace industrial subdivision in the SP94-1, D.A.3 (Northeast Area Specific Plan, La Palma Core Area) Zone. ZONING ADMINISTRATOR DECISION NO. Continued to September 29, 2005 10 day appeal period Project Planner: (avazquez@anaheim.net) Q.S. 145 Srsubtpm2005-201 akv.doc Annika Santalahti, Zoning Administrator, introduced the Item. Dave See, Senior Planner, stated staff requests atwo-week continuance in order to readvertise and add a variance for waiver of minimum lot frontage. ACZA091505. DOC Page 5 • i 4a. CEQA NEGATIVE DECLARATION Continued to 4b. VARIANCE NO.2005-04665 September 29, 2005 4b. TENTATIVE PARCEL MAP NO. 2005-147 (READVERTISED) OWNER: North Anaheim Assoc., LLC Brian Malliet 1945 Placentia Avenue Costa Mesa, CA 92627 AGENT: Greg Cooke DRC 8175 East Kaiser Boulevard Anaheim, CA 92808 LOCATION: 1045 North Kemp Street: Property is 20 acres, with a frontage of 183 feet on the west side of Kemp Street, located 448 feet north of the centerline of La Palma Avenue and is further described as 1045 North Kemp Street. VARIANCE N0.2005-04665 - To waive the requirement for a lot to fronton a public or private street. 15 day appeal period TENTATIVE PARCEL MAP NO. 2005-147 (READVERTISED) - To establish a 29-lot, 23-unit industrial subdivision to subdivide an industrial complex. 10 day appeal period VARIANCE DECISION NO. TENTATIVE PARCEL MAP DECISION NO. Project Planner: (akv@anaheim.net) Q.S.70 Srsubtpm2005-147akv .doc Annika Santalahti, Zoning Administrator, introduced the item. THE PUBLIC HEARING WAS OPENED. The applicant stated concurrence with the conditions of approval. James Ling, Associate Engineer of Public Works, wished to state clarification on the wording and timing of some of the conditions: Delete Condition No. 6 because it repeats Condition No. 1; Condition No. 5, states that the plans must be approved by both the Planning Department and Public Works Department prior to issuance of a building permit however, the current procedure is that only the bonds for the improvements need to be posted prior to the issuance of a building permit. The actual improvements have to be constructed prior to final building inspections. Dave See, Senior Planner, stated staff recommended Condition Nos. 1, 3, 4, 5, 8, 9, 15, 16, 18 and 19 be removed from parcel map to variance conditions because they are tied to a building permit. Annika Santalahti wished clarification on Condition No. 15. Mr. Ling clarified the Safe Harmless Agreement is a standard document prepared by the City Attorney's Office and is for construction of a private storm drain and connections to a public storm drain. ACZA091505. DOC Page 6 • • Mr. Valdez stated he is mostly concerned with traffic and what will become of the area. He understands they are going by Phase 1 and Phase 2; Phase 1 being an entrance from Commercial Street and Patt Street but he is not certain if it is going to be through Kemp Street or if it is going to have a private access going into Kemp Street. Kemp Street is a very small street, only 30 feet wide, and is not adequate to hold very much traffic. La Palma Avenue is a very busy street. There is a problem at Anaheim Boulevard and La Palma Avenue with signals and would generate a lot of traffic and a big problem for the neighborhood. He suggested either blocking off Kemp Street or to have traffic come through the access where the railroad spread used to be and that would divert the traffic right into the signal of La Palma Avenue instead of trying to get out on Kemp Street. He stated Phase 2 would have to be another entrance going into that area but he is not certain if the intentions are to be heavy traffic, truck traffic, people traffic, etc., and feels pretty soon they are going to have cars trying to get out through the alleys which would be a big impact on the area. Regarding the improvements on La Palma, he stated if they are going to take the island out or do improvements he recommends they either use the square from the railroad tracks going into that area to create more entrances/exits, and suggests another alternative would be to block off the entire neighborhood by putting a block wall in the back separating residential and industrial. Brian Malliet, BKM Development Company, stated as it relates to railroad easement there is not a railroad easement that the property has access to La Palma Avenue. There are two other property owners with properties that block access from the subject property to La Palma Avenue to a railroad easement therefore it is virtually impossible. As it relates to generating traffic, all of the traffic and all of the construction traffic comes off of Patt Street coming into the commercial area, none of it comes off of Kemp Street. His company has an office off of Kemp Street that a superintendent drives his car back and forth on but other than that all construction traffic comes off of Patt Street. Ms. Santalahti stated that Mr. Valdez raised some interesting points and she would like to continue the item for two weeks (September 29, 2005) in order to have the opportunity to go out and drive around to see how the project might be positive for the area. ACZA091505. DOC Page 7 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 5b. VARIANCE NO. 2005-04662 OWNER: Louis Nguyen 614 Hazel Street Glendale, CA 91201 AGENT: Carlynn Wells Sign AFX 828 West Vermont Avenue #F Anaheim, CA 92805 LOCATION: 1720 West Ball Road: Property is approximately 0.64-acre, having a frontage of 150 feet on the south side of Ball Road, located 260 feet west of the centerline of Euclid Street (Anaheim Medical Center). Waiver of permitted size, number and location of wall signs for a medical office complex. Continued from the September 1, 2005 Zoning Administrator meeting. ZONING ADMINISTRATOR DECISION NO. Continued to September 29, 2005 15 day appeal period Project Planner: Kimberly Wong (kwong2@anaheim.net) Q.S. 49 Srvar2005-04662k1w.doc THE PUBLIC HEARING WAS OPENED. Annika Santalahti, Zoning Administrator, stated the applicant submitted a letter dated September 12, 2005, requesting a continuance to the September 29, 2005, Zoning Administrator meeting to allow for the occupants of the units to attend the public hearing. No one indicated their presence at the meeting regarding this item. 6. ITEMS OF PUBLIC INTEREST: None ACZA091505. DOC Page 8