Resolution-ZA 2001-50y s
DECISION NO. ZA 2001-50
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING THE CONDITIONS OF APPROVAL OF DECISION NO. 2000-41
ADOPTED IN CONNECTION WITH VARIANCE NO. 2000-04412
OWNER: Henry C. Marion, Trustee
C/O Gelb Enterprises
P.O. Box 8370
Van Nuys, CA 91409
AGENT: Leon Alexander, Esq.
558 South Harbor Blvd.
Anaheim, CA 92805
LOCATION: 2424 West Ball Road (Anaheim King Market)
HEARING DATE: December 13, 2001, continued from the meetings of November 15 and 29, 2001.
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal; and
no correspondence in opposition was received.
REQUEST: Petitioner requests an amendment to the conditions of approval pertaining to truck
parking in order to store one (1) delivery truck on the property in connection with a
previously-approved convenience market with waiver of minimum number of parking
spaces.
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. That on November 2, 2000, Decision No. ZA2000-41 was adopted by the Zoning
Administrator to grant Variance No. 2000-04412 (for waiver of minimum number of parking spaces in
order to establish a seafood delicatessen and restaurant in conjunction with a commercial retail center);
and that said Decision includes the following conditions:
"2. That there shall be no commercial truck deliveries after 10:00 a.m. or before
9:00 p.m., seven days a week; and that commercial trucks shall not be
parked or stored on subject property except for loading and unloading
purposes.
8. (a) That commercial truck loading and unloading areas (for up to three (3) trucks)
shall be specifically designated on this commercial property; and that such
information, including the location and dimensions of each area, shall be
submitted to the City Traffic and Transportation Manager for review and approval
prior to issuance of a building permit, and shall then be shown on the plans
submitted for building permits; and
(b) That, as required by the City Traffic and Transportation Manager, the above-
described truck loading and unloading areas shall be clearly designated (striped);
and
(c) That the truck loading and unloading areas shall not be permitted within sixty five
(65) feet of Ball Road (that is, such truck areas shall not be permitted in the two
rows of parking spaces closest to Ball Road); and
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(d) That no trucks shall be parked or stored within sixty five (65) of Ball Road; and
that no trucks shall be parked or stored anywhere on subject property for the
purpose of advertising this commercial retail center or any of the tenant
businesses."
2. That the request is hereby by granted to permit one (1) truck to be parked all day within a
designated area screened by a fence and landscaping, and subject to the conditions of approval, as
amended herein.
3. That the request, as approved, will not be detrimental to the area, and will benefit the use and
appearance of this commercial retail center.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Planning Director or his authorized
representative has determined that the proposed project is Categorically Exempt, Class 1, as defrned in
the State of California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically
exempt from the requirement to prepare an Environmental Impact Report.
Based on the evidence and testimony presented to me, I do hereby determine to amend Decision 2001-
41,adopted in connection with Variance No. 2001-04412, to permit one (1) delivery truck to be parked and
stored on the property during regular business hours, and to amend the conditions of approval in their
entirety to read as follows:
1. That the combined square footage of all food-related uses (restaurants and retail food products) in
this commercial retail center shall not exceed fifty percent (50%) of the total square footage of the
entire center.
2. That there shall be no commercial truck deliveries after 10:00 a.m. or before 9:00 p.m., seven days a
week; and that only one (1) commercial truck shall be permitted to park on subject property, with the
exception of temporary loading and unloading of other commercial delivery vehicles.
3. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses, except as otherwise approved herein.
4. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2332 (to permit on-sale alcoholic beverages in a proposed restaurant,
Units K and L), Conditional Use Permit No. 2283 (to permit on-premises sale and consumption of
alcoholic beverages in conjunction with meals only in a restaurant, Unit L), and Conditional Use Permit
No. 2266 (to permit on-premises sale and consumption of beer and wine in an existing restaurant,
Unit Z).
5. That no "compact" or "small car" parking spaces shall be permitted.
6. That granting of the parking waiver, as originally approved in connection with Decision No. ZA2000-
41, is contingent upon operation of the uses in conformance with the assumptions and/or conclusions
relating to the operation and intensity of use as contained in the parking demand study that formed the
basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of
said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a
violation of the expressed conditions imposed upon said waiver which sha11 subject this variance to
termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the
Anaheim Municipal Code.
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7. That the following landscaping improvements shall be made:
(a) That a landscaping plan shall be submitted to the Zoning Division for review and approval showing
a minimum of two (2) additional trees in the planter along Ball Road; that the species, size and
location of each tree shall be shown on the plan; and that the plan shall also show the ten (10)
existing trees on the property (species, size and location) and any existing and/or proposed
irrigation facilities. The Zoning Division will confer with knowledgeable city staff and/or "Tree
Power" to determine the most suitable trees for this property; and
(b) That the petitioner and the owner of this commercial property shall confer and work with Planning
Department staff (Code Enforcement Division and Zoning Division) and "Tree Power" to
determine whether additional trees can be obtained and planted at this property.
(c) That the landscaping plan shall also show the nine (9) foot high chain link fence interwoven with
natural colored slats to screen the delivery truck parking area, and the landscaping which will be
planted on the outside of the fence to further screen the parked truck from Ball Road.
8. (a) That the truck loading and unloading area and the surrounding parking spaces at the west end of
the parking area shall be clearly designated (striped), as required by the City Traffic and
Transportation Manager; and
(b) That the truck loading and unloading area shall not be permitted within sixty five (65) feet of Ball
Road (that is, such truck area shall not be permitted in the two (2) rows of parking spaces closest
to Ball Road); and
(c) That no trucks shall be parked or stored within sixty five (65) of Ball Road; and that no trucks
shall be parked or stored anywhere on subject property for the purpose of advertising this
commercial retail center or any of the tenant businesses.
9. That the 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, including the planting of at
least two (2) new trees in accordance with Condition No. 7, herein.
10. That within a period of two (2) months from the date of this decision, the petitioner shall confer with
staff regarding the landscaping, fencing and parking lot paving improvements required under
Condition Nos. 7 and 8, herein. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
11. That within a period of six (6) months from the date of this decision, the petitioner shall have complied
with Condition Nos. 4, 7, 8 and 9, herein. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
12. 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.
13. That the outdoor enclosed area shall be for one (1) delivery truck parked during regular business
hours for loading and unloading in connection with the Anaheim King Market; that said area shall not
be used for outdoor storage; and that advertising shall not be placed on the delivery truck.
14. That one (1) year from date of this Decision, Planning Department staff (Code Enforcement Division
and Zoning Division) shall submit a report to the Zoning Administrator under "Reports and
Recommendations" indicating the status of this approval for an enclosed loading and unloading area
for one (1) delivery truck in connection with the Anaheim King Market, including the landscaping and
fence enhancements.
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This decision is made, signed, and entered into the file this 14th day of December, 2001.
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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 States Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: December 14, 2001
Patricia Koral, Senior W d Processing Operator
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