Minutes-ZA 2009/08/20%°
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Council Chamber, Gity Hall
200 Sc~uth Anaheim Baufevard
Anaheim, California
STAFF PRESENT: JaV~n Van Doren, Zoning Administrator
Mar}c Gordan, Assistant City A#torney
Ted White, Senior Planner
Da~~ S~e, Senior Plar~ner
DelEa Nerrick, Assaciafie Planner
N[elanie Adams, Associate Engineer
Eleanor ~Ilorris, Secretary
AGENDA POST[NG: A cornplete eopy of the Zonir-g Administra~or Agenda was posted
at 5:00 p.m. on Thurse[ay, Aug~ast 13, 2009 inside fi~te display case locafed in th~ foyer
of t~e Council Chambers, and also in t~e outsicie display kiosk.
For record k~eping purposes, if yc~u wish to make a s~atemenf regarding any item on the
ag~na'a, pl~ase complete a speaker card in advance and submif it to the secretary.
Any writinps or documents pravia!ed to the Zaninq Administrafor reparc~inq an.y.tt~em on fhis
a enda other than writin s le all exem f from ubfic disclosure wil! be maa`e availabfe for
ublic ins ectian in the Plannin De artment located at Cit Hafi 200 S. Anaheim Boulevard
Anaheim, California, durinc~re.c~ular business hours.
~ Caltl To Ord~r - 9:3Q ~.m.
~ Pu[bl~c Corrr~mer~ts
• M~r~utes
~ Reports ar~d Recarrarnenclatior~s
• P~hlic He~rir~g I~erns
• ~ldjaurnmer~~
You may leave a message far the Zoning Administrator using the following
e-mail address: twhite@anaheim.net
H: TooIslZAadminlACZA~82009.doc
AUC3l1ST ~0, 2~309
ZO~lh1C~ ADIVIINISTR~T'~F~ ~IINIJ"1'"ES
P~blic C~mmer~~: Nor~e
Cor~sent Calendar:
The Consenfi Calendar, Item 1A, was ap~raved by the Zaning Administrator. Itern ~Vas. 1 B
ar~d 1 C were pulled from .the Consent Calendar fpr separate disc~rssion.
~inu~es:
17'EtV~ NC~, 'iA
Recei~in~ and approving ~~e fViin~rfes from the Zoning
Administrafor Meeting o~F July 23, 2009.
Approved
ZAQ82p€~9
Page 2 of 9
AIJGlJST 20, 2009
ZONINC AD~111~9STFtATt~N~ IU~~iVlJTES
R~~a~rts ~r~d Re~orr~menda~tior~~:
ITEIV~ NC~. 1-B
CEC,~A CATEGORIC~AL EXEMPTI~N, CLASS 'I AIVC3
A~I~t1N6STRATIVE ~1~J~lSTI~iEN'T IVC~. 2qq9-q031~:
C3~V'NER: Rabert Meehar~
579 Soufh ~.as Coyotes Dri~e
Anaheim, CA 92807
L.C3CATfQfV: 579 South Los Co o#es Drive: Property is
approximately 430 feefi south of Wilfowick
Circ[e.
Request to cansfirucfi a second story addition to an exis~ir~g
single family home with a side yard setbac~C less than
required by Cade.
1lVifh d r~wr~
Projecf Planner.
flave 5ee
fl5ee@anaheim.nef
Da~e See, Senior Planner, introd~ced Item No. 1 B and stated the c~se was taken in as art
Administrative Adj~astmen~, haweuer, after the r~c~tices were mailed out; s#aff def~rmined
~ha$ the r~que~t qualifed far ~ minor rnodific~tion which i~ an ~dministrati~e proc~ss.
T~erefar~, staff and fihe applicant reques~ wi#hdrawa! af the item.
John Var~ Doren, Zoning Administrator, stated that a person is present to speak regarding
the ifiem.
Mark Gordor~, Assistant City Attorney, stated if the requ~est for withdrawal is accepted
there would be no public hearir~g on the item, and the item is nat scheduled for a public
hearing on today's agenda. He clarifiied that the interested party may ha~e ar~ oppor~uni#y
ta speak on the item; but ~o public hearing is schedu[ed ~ar this item.
Mat~ie Adams, 5559 E. Ste#son Court, A~aheim, asked for clarificateon regarding ~tt~
meaning af the request far withdrawai.
Mr. Van Doren responefed tl~at there wil[ be no actian by the Zor~ing Administrator ar~~ fhe
request would be processee[ by sfiaff fihro~gh an a~ministrative ~rocess.
Mr. See stated ~he request is for a side yard sefiback ~ariance fc~r an 18-inch
encroachment ofi a portion of fihe building inte~ the side yar~ area. Staff r~c~ived 4 letters
af op~aosition from n~igh~flrs o~' the s~bject property. All of ~t~e concerned par~ies had
issues pertaining to their uiews and the buildir~g heighfi. He sfiated that the req~est is not a
~uilding h~ight uariance. The proposed building height complies wi~h code which ~liows a
maximunn h~ight of 25 feet. He s#ated after notices were mai6ed out staff determined that
the deuia~ion from ~etback r~quirement~ wou8d qualifg/ ~ar fh~ minor modification process.
City appro~al is still requir~d but ~he request is ha~dled at s~aff le~e[.
ZAQ82009
Page 3 of 9
ALIGUST 20, 2049
Z~~JINC ADMI~IISTRATOFZ t4~INlJTES
Mr. Va~t Darer~ suggested ta Ms. Adams if sh~ has any additional cancerns for her to meet
with Plar~ning staff.
Mr. See stated to Ms. Adams that he would be available ~a ar~swer any q~aesfiions follovtiring
actiora taken an the ifem.
Mr. Van Darer~ stated he accepts the request for withdrawal of fihe item.
D1sGUSSr~N T~~E: 5 minutes (9:4o to 9:45}
zAOS2oa9
Page 4 0~ 9
e4llGUST 20, 2009
Z~NIIVC~ AD1V~INIST'RATOR M~NIlTES
{TEI~ NO. 1-C
CEC~A CATEC~OR1C~tL EXEt~iF'T[ON CL~RSS 'I At~l~
~4~31ViIN~STRATIVE A~JUSTMENT ~10. 20U9-Ofl3'99:
C711VNER. Pacific Telephon~ Company, dba AT~T
At#r~: Mitch Porras
770~ Artesia Boulevard, Room 10Q
Buena P~rk, CA 90621
APPLlCAIVT: Marilyr~ Warren
Blu Crnix LTD
39~1 Blackbird Way
Calabas~s, CA 913q2
LOCATI~N: 2~7 Nar~h Lemc~n ~firee~. Praperfy is a~the
r~o~thwest c~rner of L.emon Street and Lincoln
Au~nue.
Req~est to constr~ct a 7 foo~ high fence within the street
sefiback area where a maxim~am 3 fioot higi~ ~Fence is
permitted by Code.
F2~sc~~~~ior~ Noa ZA2009-6
Appro~ed
Project Pfanner.~
Ted White
TWhite@anaheim, net
Ted White, Senior F'lanner, ir~troduced iterra No.1C and stated that no I~tters of
opposifiion were received by stafF.
IVlarilyn W~rrero, 396~ Bfackbird Way, Calab~sas, stated fihafi she represer~ted fhe
applican~ and supported s~af~'s recammenda~ion.
,John Van Dorer~, Zaning Administrator, tooK actior~ to approve the request.
DISCl1SS[ON T[ME: 1 minute (9:46 to 9:47)
zAas~oos
Page 5 of 9
AUG3UST 2fl, 2D09
ZOI~ING A~311~IN[STFt,~TOF~ M1NlJ°fES
P~k~l~~ He~rira~ Item:
1TE1-~ NO. 2
A~TE R~CAL ~XEIVlPTIO,,,,
„[V~,,C~ASS ~ ~ND
VARIANC~ NO. 2009~04782:
O'l~VNER. Rober Nigogosyan Trust
8235 Zitola Terrace
F'laya DeI Rey, CA 90293-7833
APPL6CAN"T; Daue Tanizaki
6q1 East Glenoa~s Bo~alevard, S~i~e 20'1
Glendale, CA 9 ~ 207
LOCAT{ON: 1895 Vlfest Kate~la /1ven~e: Property is
approximate(y .47 acre, located at fihe norkheast
cor~er of Katella A~enue and Nutwood S~reet,
having fron~ages of 135 feet a~ fihe north side of
Kafella R~enue and 137 feet on the east side ofi
Nutwood Street.
Continu~d frot~ t~te Zoning Rdrr~inistrator meetings of Aprif 30, 2009,
fVlay 2$, 2qU9, June 25, 2009, and July 23, 2009.
Re~{uest fio permit an 8 to 9-font high wrough~ iron fence that
exc~~ds the maximum permitted f~nce l~eight for an existing
commerc€a! b~riiding.
Joh~ Van Doren, Zor~ing Adrninistrator, oper~ed the public h~aring.
Fie~~[~tion€ 1Vo, ZA2009-7
Der~ied
Pmjeet Pfanner:
De!!a Nerrick
DFlerrick@ an~herm. nat
Della Herrick, Associate Planner, introduced I#em i~o. 2 and stated fhe request was
originally processe~ as an Adminis~rati~e Adjustrr~ent. A I~t~er of objection was received
d~ring the required 10-day r~otification. The item was contin~ed several times since
April, 2~Q9. The facility is currently operating a~ art al~ernative educationa! facility by
the Orar~ge Cour~ty Board of Ee(ucatian. The a~p[icant's req~aest is fo refiain f}~e fence
wit~in the required sefibae}cs a(or~g Katel[a Avenue and Nutwnod Street. The fence is
setback 10 feet from Kate[la A~er~ue an~ is attached to an exisfiing roo~ overhang, and is
lacated an the property line adjacent to Nufinioad Street. T~e fenc~ was installed
withou~ ~uilding or Plan~ing Di~ision appra~af. ~'he app{icant sta#ed th~ reason ~For fhe
fence is to deter vandalism and pro~ride ~ secure sife far schooi staff, st~adents, parents
and visi~ors.
ZA0820E?9
Page 5 af 9
~u~us~r 2a, Zoo~
zo~E~~ ~~nni~~s~~~aro~ ~nr~ur~~
St~ff recomrn~nded that the applicant revi~e ~heir plans to rerna~e th~ fence in front of
the building aiong Katella Avenue, but recei~ed no reVised plans from the applicant.
T~e applican~ did provide a rendering of the building showing pandscaping partially
screer~ir~g fhe exisfiing fertce along Katella Avenue. Gode permifs a rnaximum 3 foof
high fer~ce within the firor~t 15 feet aiong Katella Avet~ue, and within 1fl feet along
Nutwood Street. Staff has reviewed the size, shape and topography of fihe property and
did no~ #ind any phy~ica! hardships or special circumstances applicable to the prop~rty
which would justi~y the approval of ~he proposed variance. [n additian, sfaff ~fef~ th~
fer~ce was not consistent vvith the commerciaf design and orientation of the building. A
fence could be construcfied to secure the parking !ot in the rear of the property that
could comply wi~h develapment standards. Therefpre, staff did nofi find just'rfica~ion ffor
approva[ of the ~ariance. Nis. Herrick stated that staff prepareeE conditions ~~ appra~al
in the errent the request was approued. She state~ staff recommends deniaN of the
~ariance.
Mr. Van Dor~n ask~d if the applicar~t was present to speak on th~ item.
Daue Tani~aki, applicant, stat~d the subject site was currently bei~g used as an
edc~cationa! facility and the owners have had cor~sistent uandalism, off ho~ars loitering,
and theft fram tl~e buil~ing prior to the insfiallation of the fer~ce. He sta~ed ~hat they have
submitfe~ letters of suppo~t from the Orange Co~nty Boare~ af Ec~ucation and members
Qf the school stating their suppo~t for the fence for secc~rity of the chi[c(ren and staff
members c~n site. He ~urther stafed that tl~ey worlce~ wi~l~ staf~ on trying to ohtair~ an
Admir~istrative Adj~stment for the fence and the lacation of the fence was reviewed by
Traffic Engineering ar~d Public Works staff. He ir~dic~~ed that they pro~ided sta~f with a
rendering on wl~at could be done to tF~e frt~nt of the ~rop~rty fio minimize the fence and
m~ke the bui[di~~ loo{c presentable on Kate~la Avenue. He ir~dicated that the owner and
schoo! staff beEieve snme of ~he [andscaping enhaneements could be wor~Ced out wifih
the City fin come u~ with something that would benefit both ~arties.
Mr. Van Doren asked haw the building is k~eing used.
Mr. Tanizaki responded it is being used as c(assrooms far fhe schao~.
Dan Akar~kian, 7343 Trask Avenue, Playa De! Rey. He stated he is the proper~y
manager for the site and is representing tF~e owner Rober Nigagosyan. He exp[ained
that ~ri~r to the insfal[ation of the fence they had nathir~g b~t problems with vandalism,
vagrants, loitering, car maintenar~ce and swap meets in the back parkir~g Ipt, ar~d the
property being used as a dump sife. He stated that folEowing the installation of t~e
fence, all fihe pro~lems have been eliminafed ~nd they have not had to call fp~ grafFiti
issues. He expressed fheir infierest ir~ worki~g wi~h planning staff to (~ee~ t~e f~nce.
De~ir~ Lawsar~, 505 N. Euciid, Suife 500, Anaheim. He s~ated ~ha$ he is fhe pri~cipa~ for
~f~e school and ir~dicated that in 2005 there were ir~cid~n~s af violence on the corner and
ir~ the parkir~g lof of the property. He related ~ssues regarding ~andaiism, inappropriafie
people walkir~g onto the school site, fnot traffic andlar smokir~g in ~heir walkway and
parking lot areas, and overfilled trash bins prior ~p the installafiior~ af the fence. He
indica~ed wifih fihe fence they are now a tob~cca free zone, and staff can ~ett~r h~ndle
the movement of stucfents to help ensure a safe an~ clean environmer~t.
ZA082009
Page 7 of 9
~4UClJST 2D, 2009
ZO[d[~1G AD~lN1STRAT~~ I~INi1TES
Nadine Reynoso, ~669 E. Wilshire Rver~~e, ~anta An~. She stated her pasi~ian ~s the
facilifiies rnanager #or their Access Program Divi~io€~ af Alternafii~e Educa~ion wifih the
Orange Caunty Depa~tment of Ed~ac~tion is ta ensure that their cammunity school sites
are safe and sec~are for students ~nd s~aff. Prior to havir~g the ~ence installed around
f~e building she warked wi~h the proper~y manager Dan Akarakiar~ to repair, clean-~p
and maintain ~he facili~y because of continuous vandalisrr~, grafFiti, etc. She also
explained that a new air con~itionir~g unit was ir~stalled during a twa-week holiday break,
and ~following the holiday break stafF discou~red that ~he unit did not work and it was
determir~ed fhat someone climbed up on the rooF of the building and removed the
eopper linings from t~e u~ifis. There ha~e been many expens~s to maintain and kee~
fhe s'rte safe, and i~ w~s decided ~he best al~ernafii~e was to haue the fence instafled.
Mr. Van Doren asked if Ms. R~ynoso or tl~e ~ro~erty manager saught guidance or
permits from t~e City's Planr~ing Division or Building Di~ision prior to fihe construc~ion of
the ~ence.
Ms. Reynosa responded no.
N€r. Van Daren asked if anyone else wi~hed to s~e~k; seeing none, he closed fihe p€~blic
E~earing.
Mr. Var~ Doren took action denying the s~bj~ct request, based on the findings described
in the sfiaff report and resolution prepared by staff.
DI s~US~I~N T'~ME: 21 rrsin~tes (9:4~ to 10:09}
ZA082009
Page 8 of 9
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zo~~~~ ~~r~N~~s~~t~TO~ ~~~uT~s
I~E~T~NG ,~DJ~~lRNE~ AT 10:~0 ~.~.
T`O THl1RSD~Yg SEPTEI~~EI~ 3, 2009 ~T 9:30 A.~1.
Respec~f~lly s~abmitted:
~
..~, ~~~~~-~
~leanor Morris
Secr~tary
Recei~ed and approved by ~he Zor~ir~g Adminis~rator on September 3, 2009.
ZA082009
Page 9 nf 9