Resolution-ZA 1996-05"`"' ~ ~ ~ •
DECISION NO. ZA 96-05
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4288
OWNER: Donald F. Jeanson, Trustee
P.Y.B. Building Corp. and Youth Fund of Southern Calif.
P.O. Box 505
Yorba Linda, CA 92686
LOCATION: 303 West Lincoln Avenue
CEQA STATUS:. Negative Declaration
HEARING DATE: February 29, 1996
OPPOSITION: One person indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
SUPPORT: One person spoke in support of the proposal at the public hearing.
REQUEST: Waiver of the following to establish a medical office in an existing Masonic lodge and
office/retail building:
Sections 18.06.050.0211 - Minimum number of parking_sPaces.
18.06.050.0212 (328 spaces required;
18A6.050.022 i 24 spaces existing and approved by the City
_18.06.050.0262 Traffic and Transportation Manager)
18.06.080
and 18.44.066.050
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, I do hereby find:
1.
2
3.
That the granting of the parking waiver. will not. cause an increase in traffic congestion in the
immediate vicinity nor adversely affect "any. adjoining land uses, because the proposed use will be
in a two-story building containing a .Masonic Lodge with accessory uses on the second floor and
commercial office uses on the first floor and that those uses have very different hours of
operation; that the Masonic Lodge activities typically take place 7 p.m. or later on week nights
and Saturdays and Sundays in comparison to the commercial office uses .which take place during
standard business hours on week days; and that the anticipated hours of operation will not
increase the parking demand during peak hours nor will the parking demand for subject use
impact surrounding uses during the peak period. for subject use;
...That the granting of the 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;
That the waiver, under the conditions imposed,. will not cause fewer off-street parking spaces to
be provided for the subject building than the number of spaces necessary to accommodate all
...vehicles attributable to the uses in the building under the normal and reasonable foreseeable
conditions of operation of said uses, based upon the business hours of the commercial offices
being different from the Masonic Lodge meeting hours;
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4. That the waiver, under the conditions imposed, will not increase the demand and competition for
parking spaces on the public streets in the immediate vicinity of the subject property because the
parking demand for commercial offices (including medical offices) is between the hours of 8:00
a.m. to 5:00 p.m. -with a demand of 27 parking spaces compared to the 124 spaces provided;
5. That the waiver, under the conditions imposed, will not increase the demand and competition for
parking spaces on adjacent private property in the immediate vicinity of the proposal (which
property does not expressly provide parking for the proposal under an agreement in compliance
with Section 18.06.010.020 of the Municipal Code) because the peak hour for the proposed
medical office does not impact any other property in the immediate vicinity;
6. That the waiver, under the conditions imposed, will not increase traffic congestion, noise, air
pollution, or traffic circulation conflicts, within the off-street parking lot provided for the proposal
based on said proposal requiring 27 parking spaces which is not peak use for this property; and
7. That the waiver, under the conditions imposed, will not increase traffic congestion, noise, air
pollution, or impede vehicular ingress to or egress from adjacent properties, upon the public
streets in the immediate vicinity of the proposed use because this location provides an adequate
number of parking spaces and has adequate ingress and egress on Uncoln Avenue.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waiver of minimum number of parking spaces to establish a medical office in an existing
Masonic Lodge and office/retail building on an irregularly-shaped parcel consisting of approximately 1.9
acres, having approximate frontages of 430 feet on the north side of Lincoln Avenue and 395 feet on the
south side of Chartres Street, being located approximately 355 feet east of the centerline of Harbor
Boulevard, and further described as 303 West Lincoln Avenue (Demolay Center).; and does hereby
approve the Negative 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.
4288, subject to the following conditions:
1. That this parking variance shall be limited to following maximum floor areas for the specffied uses:
First Floor: Medical offices: 5,835 sq. ft.
Retail leasable area: 15,238 sq. ft.
Second Floor: Masonic Lodge, consisting of:
Genera! offices: 11,344 sq. ft.
Assembly rooms: 5,142 sq. ft.
Kitchen and dining hall: 4,400 sq. ft.
2. That the owner of the subject property shall submit a letter to the Planning Department requesting
termination of Variance No. 108 (to operate a ceramic and gift shop).
3. That the granting of the parking waiver is contingent upon operation of the underlying uses in
conformance with the assumptions relating to the operation and intensity of uses as contained in
the parking demand study that formed the basis for approval of this variance. Exceeding,
violating, intensifying or otherwise deviating from any of said assumptions., as contained in the
parking demand study, shall be deemed a violation of the expressed conditions imposed upon
said variance which shall subject that variance to termination or modificatton pursuant to the
provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
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4. 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 Nos. 1 and 2.
5. That prior to issuance of a building permit, or prior to commencement of the activity authorized by
this decision, or within a period of one (1) year from the date of this decision, whichever occurs
first, Condition No. 2, above-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 prior to commencement of the activity authorized by this decision or prior to final building
and zoning inspection, whichever occurs first, Condftion No. 4 above mentioned, shall be
complied with..
7. 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 7th day of March, 1996.
Annika M. Santalahi , on ng Admini trator
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 1 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 appilcant and did
forward a copy to the City Clerk..
DATE: March 7, 1996 ~ - _
nielle Masc ord rocessing Operator
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