Resolution-ZA 2001-17
DECISION NO. ZA 2001-17
A DECISION OF THE ZONING ADMINISTRATOR
GRANTING ADMINISTRATIVE ADJUSTMENT NO. 2001-00212
REQUESTED BY: DeREGT Development Inc.
Attn: Tom DeRegt
9781 Blue Larkspur Lane
Monterey, CA 93940
OWNER: DSA Development
Attn: Jeff Denning
333 City Boulevard West, Suite 1410
Orange, CA 92868
LOCATION: 4633 E. La Palma Avenue
CEQA STATUS: Categorically Exempt, Class 3
DATE NOTICES MAILED: April 5, 2001
REQUEST: Waiver of the following to construct a 282,296 square foot industrial building in
Development Area No. 2 (Expanded Industrial Area) of the Northeast Area
Specific Plan No. SP 94-1:
Sections 18.06.050.030.031 - Minimum number of parkinq spaces.
18.12.080.020 (471 required; 468 proposed)
and 18.110.070.110
Sections 18.12.080.020 - Maximum floor area ratio.
and 18.110.070.080.0803 (0,_5 permitted; 0.55 proposed)
DETERMINATION OF THE ZONING ADMINISTRATOR
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
Administrative Adjustment, and subject petition having been duly noticed and no written objections having
been received, I do hereby find, pursuant to Section 18.12.080:
That the request is hereby granted in accordance with Subsection 18.12.080.020 of the Anaheim
Municipal Code which permits waivers of minimum number of parking spaces and maximum floor
area ratio ("FAR") in connection with an administrative adjustment if the deviations from Code
requirements do not exceed 10% of the percentage limitation or requirement; and that the
proposed parking space deviation is less than 1% (3 spaces less than required) and the proposed
FAR deviation is 10% greater (0.05 greater than permitted).
That no written opposition was received during the required 10-day notification period which
ended on Monday, April 16, 2001.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Planning Director or his
authorized representative has determined that the proposed project is Categorically Exempt, Class
15061(b)(3), as defined in the State of California Environmental Quality Act Guidelines and is, therefore,
categorically exempt from the requirement to prepare an Environmental Impact Report.
Adj-2001-00212. doc - 1 of 2 - ZA 2001-17
Based on the evidence presented to me, I do hereby determine to grant Administrative Adjustment No.
2001-00212, subject to the following conditions:
That within a period of one (1) year from the date of this decision, the developer shall have
obtained building permits from the city for development of subject property in substantial
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, 2 and 3. Extensions
for further time to complete this condition may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
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 26th day of April, 2001.
7
f ` ~~
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 15 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 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 State Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
DATED: April 26, 2001 ( ~~ d~ ~
Patricia Koral, Sr. Word rocessing'~Operator
Adj-2001-00212.doc - 2 of 2 - ZA 2001-17
• •
CITY OF ANAHEIM, CALIFORNIA
Planning Department
April 26, 2001
NMC Anaheim, L.L.C.
18801 Ventura Boulevard, Ste. 300
Tarzana, CA 91356
Re: Special Circumstances Waiver No. 2001-11 -Approved
On April 19, 2001 Annika M. Santalahti, Zoning Administrator, considered and approved your request for
Special Circumstances Waiver No. 2001-12 to permit (a) a total of five special events throughout calendar
year 2001, (b) temporary banners for tenants, (c) promotional and directional banners on chain link
fencing around construction areas and (d) one-Saturday-a-month "Kids Town Club" activities at the
commercial shopping center at 2006-2320 East Lincoln Avenue and 200-248 South State College
Boulevard (Anaheim Town Square). She made the following findings:
1. That a letter requesting this special circumstances waiver and describing the proposal
was submitted on February 23, 2001 by Michelle Anderson, Property Manager, Anaheim Town Square;
and that the proposed activities (consisting of outdoor promotional events, and temporary business and
directional banners and signs) are proposed in conjunction with the major remodeling activities at the
Anaheim Town Square shopping center, which is located in the CL (Commercial Limited) Zone.
2. That a total of five promotional events wilt take place during 2001; and that, to-date, two
of the special events have taken place (a general promotional event in January and an Easter Event in
March).
3. That temporary banners will be installed for tenants whose permanent signs have been
removed due to construction activities; and that the banners will remain until permanent signs are
reinstalled.
4. That promotional and directional banners will be placed on chain link fencing around
construction areas apologizing for the inconvenience and directing circulation within the shopping center;
and that said banners will remain until completion of the construction activities (which is anticipated to be
in August 2001).
5. That one-Saturday-a-month "Kids Town Club" activities will take place in vacant tenant
spaces or outdoors if indoor space is not available.
6. 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; and that this proposal is for waiver of 18.02.055.060.0607 (no permit shall be
issued for a period in excess of nine consecutive calendar days; the proposed banners will remain for the
duration of the remodeling and construction activities) and 18.02.055.060.0608 (no shopping center shall
be issued more than four special event permits during any calendar year; five events will take place
during 2001).
Page 1 of 3
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
DRUG USE
IS
IFE ABUSE
•
u
That approval of this proposal will serve the public interest, safety and general welfare.
Under authority of Sections 18.02.055.080 and Section 18.12.085, and as described in the petitioner's
letter and in the staff report, the Zoning Administrator approved Special Circumstances Waiver No. 2000-
11 for the herein described special events, subject to compliance with the following conditions:
1. That, with the exception of the temporary banners, all special event activities shall be limited to one-
day events, including set-up, activities, and take-down; and that a maximum of five (5) one-day
special event promotional activities shall be permitted and one-day monthly children's craft activities
(Kids Town Club) shall be permitted for this shopping center during calendar year 2001.
2. That temporary banners may be installed for each tenant (at locations illustrated on Exhibit No. 2)
whose permanent sign(s) have been removed due to construction activities; and that said banners
may remain until permanent tenant sign(s) are installed. The banners shall be maintained in good
condition and shall be replaced if they are damaged.
3. That promotional and/or directional banners may be placed on chain link fencing around construction
areas; and that said banners may remain until completion of the construction activities or by
October 1, 2001, whichever occurs first. The banners shall be maintained in good condition and
shall be replaced if they are damaged.
4. That not less than five (5) days prior to the commencement of any activity authorized by Special
Circumstances Waiver No. 2001-00011, including installation of temporary banners, the applicant
shall obtain a Special Event Permit from the Planning Department for each event, including payment
of the appropriate fee.
5. That "high-flyer" helium balloons (a chain of balloons extending vertically) or hot air balloons, shall
not be permitted on the property.
6. 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 (parking lot area to be used for outdoor activities other than
banners), 2 (proposed locations for tenant banners), and 3 (proposed size for promotional and
directional banners, and possible messages), and as conditioned herein.
That if use of a parking area other than the area shown on Exhibit No. 1 (parking lot area to be used
for outdoor activities other than banners) is proposed, a site plan shall be submitted to the City
Traffic and Transportation Manager to verify that use of said area does not unreasonably reduce the
available parking spaces required for this shopping center (in compliance with subsection
18.02.055.060.0603 of the Municipal Code regarding Regulations for Conduct of Special Event).
Such site plan shall specify the area proposed for the special event, including any area for
installation or storage of equipment. A copy of the approved site plan shall then be submitted to the
Planning Department.
That prior to erection of any structures, including tents and structures for amusement devices and
rides, approval shall be obtained from the appropriate city departments and divisions including, but
not limited to, the Building Division, the Fire Department, and the Electrical Engineering Division. All
applicable regulations shall be complied with. Certificates of safety shall be furnished to the Building
Division for all rides, and no rides, amusement devices or concessions shall be put into operation
until inspected and cleared by the Building Division, Fire Department and the Electrical Engineering
Division (in accordance with subsection 18.02.055.060.0604 of the Municipal Code regarding
Regulations for Conduct of Special Event).
Page 2 of 3
• •
9. That the conduct of any outdoor special event (other than the display of temporary signs, banners or
balloons) shall be confined to the hours when the shopping center is normally open for business,
and in no event shall the special event be operated before 7:00 A.M. or after 10:00 P.M. (in
accordance with subsection 18.02.055.060.0606 of the Municipal Code regarding Regulations for
Conduct of Special Event).
10. 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 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 Kathie Pfost, Associate Planner, Zoning Division, at
714-765-5139 extension 5328.
Sincerely,
-'l~r ~2~
u~,
Patricia Koral
Senior Word Processing Operator
SCW2001-00011.doc
Page3of3
~ ~
~ ~
CITY OF ANAHEIM, CALIFORNIA
Planning Department
May 9, 2001
Walmart
Attn: Tom Ohlendorf
440 N. Euclid Street
Anaheim, CA 92801
Re: special Circumstances Waiver No 2001-13 (440 N Euclid Streetl -Approved
On May 3, 2001 Annika M. Santalahti, Zoning Administrator, considered and approved your request for
Special Circumstances Waiver No. 2001-13 to permit the outdoor storage and display of merchandise
including swing set, seasonal displays, plant pallets, picnic tables, and banners for the remainder of
calendar year 2001 at the Walmart Store located in the Anaheim Plaza. She made the following findings:
1. That Tom Ohlendorf, representing Walmart Store 2242, requested this special
circumstances waiver to permit the long term outdoor storage and display of merchandise including swing
sets, seasonal displays, plant pallets, picnic tables and banners at the Walmart Store at 440 N. Euclid
Street; that the property is zoned CL (Commercial, Limited) and is located within the Plaza
Redevelopment Project Area; and that the Anaheim General Plan Land Use Element designates the
property for General Commercial land uses.
2. That the proposed waiver is for the following events and displays for the rest of this
calendar year; that the displays are illustrated on the photograph labeled Exhibit No. 3; and that the
schedule is as follows:
lay
t/Dis
f E Display Items
No Length of Time Requested Proposed Signs
p
ven
ape o .
Assembled Swing Sets 3 Feb. 1 to Sept. 1 (242 days) 19 inches x 18 inches
posted on each display
Pumpkin Patch n/a Oct. 1 to Oct. 31 (31 days) 30 inches x 19 inches
Christmas Trees n/a Nov. 23 to Dec. 24 (31 days) ga den centeefence on
Potted Plant Pallets 4 Feb. 1 to Oct. 1 (273 days) 30inches x 19 inches
posted on each display
Picnic Tables 2 all year none
3. That approval of special circumstances waivers 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; and that this proposal is for waiver of
18.02.055.060.0607 (no permit shall be issued for a period in excess of nine consecutive calendar days).
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
< ~a
• •
4. That this year to-date, one special event permit has been issued for this business; that
the business may obtain two of the three available special event permits for seasonal Christmas tree and
pumpkin patch displays without requesting a Special Circumstances Waiver because the 9-day time
limitation does not apply to Christmas tree lots and pumpkin patches which are permitted for one full
month each); and that this request is specifically for the outdoor display of swing sets, plant pallets, and
picnic tables for the remainder of the year 2001.
5. That the outdoor area for the proposal is located on the south side of the Walmart store in
an indented area of the building, and is not readily visible to any nearby public street or freeway.
6. That approval of this request, under the conditions herein, will serve the public interest,
safety and general welfare.
7. That if the applicant wishes to conduct these outdoor activities permanently, these
accessory outdoor uses including development plans showing any improvements such as fencing,
permanent signs, etc., should specifically be considered at a public hearing in connection with a
conditional use permit or variance, as determined to be appropriate.
Under authority of Sections 18.02.055.080 and Section 18.12.085, and as described in the petitioner's
letter and in the staff report, the Zoning Administrator approved Special Circumstances Waiver No. 2001-
13for the herein described special events, subject to compliance with the following conditions:
1. That the outdoor displays shall conform with the dates, number of displays and signage specified in
Finding No. 2, above; and that this approval is only for calendar year 2001.
2. That not less than five (5) days prior to commencement of the activities authorized by Special
Circumstances Waiver No. 2001-00013, the applicant shall obtain a Specia! Event Permit from the
Planning Department for each of the requested special events.
3. 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, 2 and 3, and as conditioned herein.
4. That under no circumstances shall any of the displays encroach into the parking area or outside the
area shown on Exhibit Nos. 1 (layout) and 2 (site plan); and that a minimum six (6) foot clear
pedestrian access shall be maintained along the sidewalk between the displays and the landscaped
planters next to the curb.
5. That approval of this application constitutes approval of the proposal 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 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 Charity Wagner, Assistant Planner, Zoning Division, at
714-765-5139 extension 5415.
Sincerely,
~ , ~ '''
Y- ~~f
Patricia Koral
Senior Word Processing Operator
SCW2001-00013.doc