Resolution-ZA 1999-37•
DECISION NO. ZA 99-37
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING TENTATIVE PARCEL MAP N0.99-128
OWNER: James Warren Schmidt
6200 Tobruk Court
Long Beach, CA 90803
AGENTS: Doug Boynton
Bob Dupuy
729 East Willow Street
Signaf Hill, CA 90806
LOCATION: 117 South Westem Avenue
HEARING DATE: September 9, 1999
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: To establish a 2-lot commercial subdivision for an existing self-serve car wash facility
anddrive-through restaurant in the CL (Commercial, Limited) Zone.
Having-been appointed Zoning Administrator bythe-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 forand held on the date set forth above, I do hereby find:
1. That the proposed map is consistent with the applicable Anaheim General Plan.
2. That the design and/or improvement of the proposed subdivision is consistent with applicable
General Plan.
3. That the design of the subdivision and/or the proposed improvements is notlikelyto cause
substantial environmental damage'or substantially and avoidably injure fish or wildlife or their
habitat.
4. That the design. of the subdivision and/or the type of improvements is not likely to cause serious
public health problems.
5. That the design of the subdivision and/or the type of improvements will not conflict with
easements, acquired by the public at large, for access through, or use of the property within, the
proposed subdivision.
6. That,. as shown on Revision No.:1 of Exhibit No, 1, the existing number of parking spaces on
each proposed parcel complies with the number of spaces currently required by the Zoning Code
for the specific square footage of use and building on said parcel; and that a minimum 14 parking
spaces are provided for the car wash facility on Parcel 1 and a minimum of 20 spaces are
provided for thefast food restaurant, including two .outdoor seating areas which contain one table
each, on Parcel 2.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the tentative parcel map, which proposes a 2-lot commercial subdivision for an existing self:
serve car wash facility and adrive-through restaurant in the CL (Commercial, Limited) Zone, located on a
0.87-acre rectangulariy-shaped property having a frontage of 129 feet on the west side of Western
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Avenue, a depth of 290 feet and being located 135 feet south of the centerline of Lincoln Avenue (117
South Western Avenue); and that the Planning Director or his authorized representative has determined
that the proposed project is Categorically Exempt, Class 3, under the State of California Environmental
Quality Ad Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Tentative
Parcel Map No. 99-128, subject to the following conditions:
1. Proposed Condition No. 1 was deleted at the September 9, 1999 Zoning Administrator meeting.
2. Proposed Condition No. 2 was deleted at the September 9, 1999 Zoning Administrator meeting.
3. That the trash storage area(s) shall be refurbished to comply with the approved plans on file with
the Public Works Department and to the satisfaction of the Public Works Department, Streets and
Sanitation Division.
4. That the trash storage areas shall be refurbished in accordance with plans and specifications on
file with the Public Works Department, and as required by the Streets and Sanitation Division.
5. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of
Variance No. 2752 (waiver of permitted uses and required site screening to establish an automotive
diagnostic shop) and Conditional Use Permit No. 1026 (to permit an automatic car wash with accessory
gasoline pumps).
6. That no fencing shall be installed .between Parcels 1 and 2 or adjacent to a public right-of--way in a
manner which may restrict or otherwise adversely impact vehicular access to either parcel from a public
right-of-way.
7. That the tenants for Parcels 1 and 2 shall share the square .footage of the sign panels on the existing
nonconforming pole sign. With the exception of face changes, cosmetic refurbishing and maintenance,
no further modification of the existing pole sign shall be permitted. If, in the future, said sign is replaced
with a sign that complies with sign standards in effect at that time, the tenant on Parcel 1 and the tenant
on Parcel 2 shall share equally in the identification/advertising space on said-sign.
8. That a maintenance covenant shall be submitted to the Public Works Department, Development Services
Division, and approved by the City Attorney's Office. The covenant shall include provisions for
maintenance ofprivate facilities, inGuding a maintenance exhibit. The covenant shall be recorcied
concun'ently with the final map.
9. That an unsubordinated restrictive covenant providing reciprocal access and parking, approved
by he City Traffic and Transportation Manager and the Zoning Division and in a form satisfactory
to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of
the recorded covenant shall then be submitted to the Zonng:Division. Said covenant shall
indicate the specific number of parking spaces (both existing and proposed) which will remain on
each parcel. In addition, provisions' hall be made inthe covenant to guarantee that the entire
complex shall be managed and maintained as one (1) integral parcel for purposes of parking,
vehicular circulation, signage, maintenance and architectural control, and that the covenant shall
be referenced in all deeds transferring all or any part of the interesYin the property.
10. That the developer shall submit a Water Quality Management Plan (WQMP) specifically
identifying best management practices that will be used on-site to control predictable pollutants
from storm water runoff.. The WQMP shall be submitted to the Public Works Department,
Development Services Division, forreview and approval (Chapter 10.09 of the Anaheim Municipal
Code).
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11. That the legal property owner shall submit an agreement to the Public Works Department,
Development Services Division, in a form approved by the City Attorney, concerning drainage
that will cross property lines.
12. That the legal. owner of subject property shall provide the Department of Public Utilities, Electrical
Engineering Division, with a public utilities easement, as determined to be necessary when
electrical design is completed by the Electrical Engineering Division. Existing easements shall be
retained if City electrical facilities remain and easements shall be required if secondary lines
cross adjacent lots.
13. That a separate water meter shall be installed for each parcel
14. That a final parcel map to record the division of subject property shall be submitted to and approved by
the City of Anaheim and shall then be recorded in the Office of the Orange County Recorder.
15. That prior to final parcel map approval, Condition Nos. 4, 5, 7, 8, 9,10, 11,12 and 13, above-mentioned
shall be complied with.
16. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal 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 reganiing
any other applicable ordinance, regulation or requirement.
This decision is made, signed, and entered into the file this 16th day of September 1999.
~~~
Annika M. Santalahti, 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 10 days of the date of the signing of this decision or
unless members of the City Council shall request to review this decision within said 10 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 lJnited States Mail, a copy of the decision tothe applicant and did forward
a copy to the City Clerk.
DATE: September 16, 1999
nielle C. i ord Processing Operator
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
September 16, 1999
Walgreen Company
128 South State College Boulevard
Anaheim. CA 92806
Subject: Variance No. 4367 and CEQA Negative Declaration.
Location: 128 South State College Boulevard, 2015-2107 East Lincoln Avenue and. 2104 Ward
Terrace.
The property is a 1.45-acre irregularly-shaped site located at the northeast comer of State
College Boulevard and Lincoln Avenue, and having frontages of 394 feet on the north side of
Lincoln Avenue, 145 feet on the east side of State College Boulevard and 129 feet on the
south side of Ward Terrace.
This variance is for waiver of minimum number of parking spaces to construct adrive-through pharmacy.
At the public meeting. of September 9, 1999, Annika M. Santalahti, Zoning Administrator, accepted the
request for withdrawal for Variance No. 4367.
Sincerely,
Danielle C. Masciel
Word Processing Operator
cc: Tim O'Neil, Evergreen Development, 1300 East Missouri, A-200, Phoenix, AR 85014
Timothy J. and Daryldine Brunst, 34205 Doheny Park Road,.Capistrano Beach, CA 92624
Greg Gerry and William Briggs, 2107 East Lincoln Avenue, Anaheim, CA 92806
200 South Anaheim Boulevard
Wd-v4367.doC P.O. Box 3222, Anaheim, California 92803 (714) ?65-5139 www.anaheim.net
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
September 30, 1999
Anaheim Chevrolet
Attention: John A. Dorming
215 South Euclid Street
Anaheim, CR' 92$A2
Re: Special Circumstances Waiver No. 99-03 -Approved for 2 years until September 23.2001
On September 23, 1999, Annika M. Santalahti, Zoning Administrator, considered your request for Special
Circumstances Waiver No. 99-03 to permit Special Event Permits for banners mounted on light poles for
an existing automobile deafer for one year on property located at 215 South Euclid Street (Anaheim
Chevrolet). She made the following findings:
1. That this proposal is described in a letter submitted on August 25, 1999 by Sherwood G.
Oklejas, Chairman/CEO of Anaheim Chevrolet, and in the Staff Report to the Zoning Administrator dated
September 23, 1999.
2. That subject property is developed with an automobile dealership (Anaheim Chevrolet) in the
CL (Commercial, Limited) Zone.
3. That approval of special circumstances waivers (allowing modification and/or waiver of
regulations pertaining to special event) is authorized by Subsection 18.02.055.080 "Zoning Administrator
Review (of Special Event Permits)" and Section 18.12.085 "Special Event Permit -Review" of the
Anaheim Municipal Code.
4. That this waiver of the standards established by the Section 18.02.055 "Special Event Permit-
General" is to allow special event permits for banners continuously for a period of one year (maximum 36
days permitted by Code).
5. That~extraordinary circumstances apply to this property beyond the control of the property owner
or business owner due to the Caltrans construction activities on the Santa Ana (I-5) Freeway on-.and off-
ramps in the vicinity of this property; that the: impacts which affect Lincoln Avenue and Euclid Street in this
area include lane closures, traffic congestion, difficult access and limited visibility to this site; and that the
construction activities are anticipated to be completed in about two years.
6. That approval of this special circumstances waiver for a period of two years will serve the
public interest and general welfare by providing an equitable opportunity to advertise the existing retail
commercial business (major automobile dealership) at a major arterial highway intersection in the City of
Anaheim during the freeway construction activities.
;. ,
7. That approval of this special circumstances waiver will serve the public interest and general
welfare.
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
x, ~ n ~-•
Based on the foregoing, the Zoning Administrator approved Special Circumstances Waiver No. 99-03 for
two years subject to compliance with the following conditions:
1. That the applicant shall maintain all the banners in good repair at all times; and that any wording on the
banners shall be restricted to the name of the dealership and/or the "Chevrolet" logo.
2. That this request is approved for two (2) years until September 23, 2001.
3. That the applicant shall obtain special event permits for these banners or any modifications thereof; and
that said permits shall specifically include the locations of all the banners, and the color, material and
text/content of each banner.
4. That not less than fourteen (14) days prior to installing or retaining the banners, the petitioner shall
obtain a special event permit from the Planning Department; and that the permits shall be obtained
.and the permit fees shall be paid in accordance with subsections 18.02.055.060.0607 (pertaining to
the duration of each permit) and 18.02.055.040 (Permit Fee) of Section 18.02.055 (Special Event
Permit -General) of the Anaheim Municipal Code.
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This decision shall become final unless an appeal to the City Council, in writing and 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 Dave See, Associate Planner, Zoning Division, at (714) 765-
5139, extension 5751.
Sincerely,
Patricia Koral
Word Processor Operator
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
September 30, 1999
Hussein Berri
8221 Garde~,Grove Boulevard
Garden Grove; CA 92844
Re: Special Circumstances Waiver No. 99-04 -Approved
On September 23, 1999, Annika M. Santalahti, Zoning Administrator, considered your request for Special
Circumstances Waiver No. 99-04 to permit issuance of Special Event Permits for an existing service
station. with a convenience market located at 1199 South State College Boulevard (Mobil Service Station).
She made the following findings:
1. That this proposal is described in a letter submitted on August 16, 1999 by Hussein Berri,
President of Excaliber Fuels, and in the Staff Report to the Zoning Administrator dated September 23,
1999.
2. That subject property is developed with a service station with. an accessory convenience
market and automated car wash in the ML "Limited Industrial" zone; and that the Anaheim General Plan
designates the property for General Industrial land uses.
3. 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.
4. That this request is Categorically Exempt under Section 151061(6)(3) of the Califomia
Environmental QualityAct guidelines and, therefore, is exempt from any requirement to prepare any
environmental documentation.
5. That this waiver of the standards established by the Section 18.02.055 "Special Event Permit
-General" is to allow special events on property located in the ML "Limited Industrial" zone (which zoning
does not permit special events by right).
6. That the basis for approving this request is that this property (located at the northwest comer
of Ball Road and State College Boulevard) and the properties on the other three corners are all
developed with service stations but that the properties on the east side,of State College. Boulevard are
zoned commercially and special events are permitted by right while the properties on the west side of the
street are zoned industrially and sper;ial events are notpermitted by right.
7. That approval of this special circumstances waiver for a period totaling two years serves the
public interest and general welfare by allowing equal opportunities for temporary advertising similar to
other service stations located at this same intersection of Ball Road and State College Boulevard.
200 South Anaheim Boulevazd
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
i •
Based on the foregoing, the Zoning Administrator approved Special Circumstances Waiver No. 99-04 for
a period of two (2) years, subject to compliance with the following conditions:
1. That this request is approved for a period of two (2) years from October 1, 1999 to October 1, 2001.
2. That the maximum number and duration of special event permits shall comply with Section
18.02.055 "Special Event Permit - General° of the Anaheim Municipal Code, including subsection
18.02.055.060 "Regulations for Conduct of Special Event"; provided that the total number shall not
exceed eight (8) special event permits, distributed as follows:
October through December 1999: one (1) special event permit
January through December 2000: four (4) special event permits
January through September 2001: three (3) special event permits
3. , That not less than fourteen (14) days prior to a special event, the petitioner shall obtain a special
event hermit from the Planning Department.
4. That any outdoor event and the various activities associated with it shall comply with all the
standards and requirements set forth in Section 18.02.055 "Special Event Permit -General" unless
otherwise specifically provided herein, including that the event shall not be conducted before 7 A.M.
nor after 10 P.M., in compliance with Subsection 18.02.055.0606.
5. That no balloons or inflated or tethered devices shall be permitted in connection with a special event
permit.
6. That when any. special event consists of, or includes, temporary advertising, said temporary
advertising shall be limited to a maximum of two (2) banners, which shall be attached to the service
station building only (not the canopy structure or light poles) and which shall have a maximum size
of thirty six (36) square feet each. Such banners shall advertise only events such as "grand
openings" and .not special retail sales of specific items or services available on-site.
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 from 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 Dave See, Associate Planner, Zoning Division, at (714).765-
5139 ext. 5751.
Sincerely,
.•-
Patricia Koral
Word Processor Operator
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