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Resolution-ZA 1996-02• DECISION NO. ZA 96-02 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 4285 OWNER: Lillian Runo 1120 Kenwood Place Fullerton, CA 92601 AGENT: Yong Sik Choe 18210 Yorba Linda Blvd., #401 Yorba Linda, CA 92686 LOCATION: 3035 East La Mesa Avenue CEQA STATUS: Negative Declaration HEARING DATE: January 18,1996 OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. REQUEST: Petitioner requests waiver of the following to establish a retail golf store: Sections 18.06.050.0212 - Minimum number of parkingspaces 18.06.050.022 59 required; 26 proposed and concurred with by 18.06.050.031 the City Traffic and Transportation Manager) 18.06.080 and 18.110.100.110.1103 Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly noticed for and held on the date set forth above, 1 do hereby find: 1. That, although the parking waiver appears to be significant, a retail golf store is not a typical retail business because a maximum of 20 customers in a store of this size at any one time is unlikely; and that 20 or more customers would be in the-store-only during promotional-sales-which would probably take place only on weekends, as testified to by the petitioner who operates three similar stores elsewhere in Orange County; 2. That the granting of the parking waiver for this specific use (a retail golf store) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; 3. That the granting of the parking waiver, under the conditions imposed, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim; and 4. That the subject property is located in Development Area 5 "Commercial Area" of the Northeast Industrial Area Specific Plan (SP 94-1). CALIFORNIA ENVIRONMENTAL (QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum number of parking spaces to establish a retail golf store on arectangularly-shaped parcel of land consisting of approximately 1.47 acres located at the northwest corner of La Mesa Avenue and Kraemer Place, having approximate frontages za V4285.wp - 1 of 3 - ZA 96-02 of 237 feet on the north side of L.a Mesa Avenue and 153 feet on the west side of Kraemer Place, and further described as 3035 L-a Mesa Avenue; and does hereby approve the NegaYnre Declaration upon finding that she has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 4285, subject to the following conditions: 1. That the granting of the parking waiver is contingent upon operation of the use (a retail golf store) in conformance with the assumptions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of subject variance. Exceeding, violating, intensifying or otherwise deviating from any said assumptions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon subject variance which shall subject said variance to termination or modification pursuant to the provisions of Sections 18.03.091-and 18.03.092 of the Anaheim Municipal Code. 2. That the. on-site landscaping and irrigation system shall be maintained in compliance with City standards. 3. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on any plans submitted for building permits. 4. That trash storage areas shall be refurbished to the satisfaction of the Department of Maintenance to comply with approved plans on file with said Department. 5. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 6. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. Said turn-around area shall be specifically shown on any plans submitted for building permits. 7. That the legal property owner shall irrevocably offer to delicate a corner cutoff for the access ramp at the corner of Kraemer Place and La Mesa Avenue, in accordance with Engineering Standard No. 124. 8. That an unsubordinated reciprocal access and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded agreement shall be submitted to the Zoning Division. 9. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 1442 (to establish a planned unified industrial service center including a motel, restaurant and retail service shops), 1520 (to permit a private tennis facility), 1588 (to permit the sale of beer and wine in a tennis facility) and 2252 (to retain a retail carpet sales facility in an industrial zone). 10. 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. 11. That subject parking variance is approved for a retail golf store only; and that establishing any other retail or other use which has a parking requirement exceeding the number of available spaces (twenty six [26]) may be permitted only in connection with obtaining approval of a new parking variance or an administrative adjustment. za-V4285.wp - 2 ofi 3 - ZA 96-02 12. That prior to commencement of the activity herein approved, or prior to issuance of a building permit, or within a period of one (1) year ftom the date of this, decision, whichever occurs first, Condition Nos. 3, 5, 6, 7, 8 and 9, above-mentioned, shall be complied with. Extension for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 13. That prior to commencement of the activity herein approved or prior to final building and zoning inspection, whichever occurs first, Condition Nos. 4 and 10, above mentioned, shall be complied with. 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. This decision is made, signed, and entered into the file this 25th day of January, 1996. Annika M. antalahti, Zoning Administrator NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 da s of the date of the signing of this decision or unless members of the City Council shall request to review this decision within said 15 days. DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date, set forth below, I did deposit, in the United States Mail, a copy of the decision to the applicant and did forward a copy to the City Clerk. DATE: January 25, 1996 y ernan s, enior or rocessmg perator za-V4285.wp - 3 of 3 - ZA 96-02 CITY OF ANAHEIM, CALIFORNIA Planning Department January 25, 1996 UNIVERSAL ALLOY Attn: John Ball 2871 La Mesa Avenue Anaheim, CA 928 RE: VARIANCE NO. 4236 Your request for review of the updated parking study (to comply with Condition No. 11 of Decision No. ZA 93-58) was considered by the Zoning Administrator at the January 18, 1996 meeting. She concurred with the staff recommendation and approved the study. If you have any questions, please contact Della Herrick, Associate Planner, at 714/254- 5139, extension 5018. Sincerely, Eleanor Fernandes Senior Word Processing Operator ZADecision/dec-v4236.wp 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 (714) 254-5139 ,. n • • CITY OF ANAHEIM, CALIFORNIA Planning Department January 25, 1996 Disneyland Gregory 5. Clamp, Senior Architect 1313 S. Harbor Boulevard Anaheim, CA 92805 Re: SPECIAL CIRCUMSTANCES WAIVER NO.96-02 - APPROVED On January 18, 1996, Annika M. Santalahti, Zoning Administrator, considered your request for Special Circumstances Waiver No. 96-02 to permit issuance of a Special Event Permit to allow three banners for an additional 54 days beyond the permitted time period (36 days) on property located at 1717 S. West Street. She made the following findings: 1. That a letter requesting this special circumstances waiver and describing the proposal was submitted on January 2, 1996 by Gregory S. Clamp, AIA, Senior Architect of Disneyland/Architectural and Facilities Engineering; 2. That the subject property is located in the Anaheim Resort Specific Plan (Specific Plan No. 92-OZ) and is developed with an hotel; 3. That any modifications (to the standards established by the Section 18.02.055 "Special Event Permit -General) approved in connection with this special circumstances waiver, will serve the public interest, safety and general welfare; and that extraordinary circumstances are present and consist of the proposed banners "standing-in" for permanent signs until the permanent signs are manufactured and installed; that said proposed banners resemble permanent signs; .and that the banners will be removed when the permanent signs are installed; and 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 18.12.0$5 "Special Event Permit -Review" of the Anaheim Municipal Code; SCW 96-02 page 1 of 2 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 (?14) 2545139 Under authority of Section 18.02.055.080 and Section .18.12.085, and as described in the petitioner's letter and the Staff Report dated January 18, 1996, the Zoning Administrator approved Special Circumstances Waiver No. 96-02 to allow three (3) banners for a maximum ninety (90) days, subject to compliance with the following conditions: 1. That the petitioner shall obtain special event permit(s) for the additional fifty four (54) day period from the Planning Department, as required by the Zoning Code; and 2. That the proposed banners shall comply with all the standards and requirements set forth in Section 18.02.055 Special Event Permit -General of the Anaheim Municipal Code, except as otherwise specifically provided herein, in compliance with Subsection 18.02.055.0606 of the Anaheim Municipal Code.. This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within ten (10) days of the date of this letter or unless members of the City Council request review of this decision within said 10 days. If you have any questions, please contact De11a Herrick, Associate. Planner, Zoning Division, at 714-254-5139. Sincerely, ~- ~- ~-~ Elly Fernandes Senior Word Processing Operator SCW96-02 .WP SCW 96-02 page 2 of 2