Resolution-ZA 2002-27A DECISION OF THE ZONING ADMINISTRATOR
GRANfi1NG ADMINISTRATIVE ADJUSl"MENT ~IO.2002-00221
REQUESTED.l3Y: Pelican investments LLC
8 Canyon Rim
.. Newport Beach, CA 92657
AGENT: °. Truc Trong Le ~ . -
8 Canyon Rim
Newport Beach, CA 92657 _
LOCATION:. ~ ~ :2265 West Lincoln Avenue
CEQA:STATUS ~: Categorically Exempt,'Class 1
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.PUBLIC HEARING: August 22, 2002 ~ _
REQUEST:. ' Waiver of the following to construct an addition.to an existing'office building in the
CL (Commercial, Limited) Zone:
Sections.18.06.050.020.029.0211.. - Minimum number of narking spaces.
18.06.080 (73 required; 66 proposed)
18:12.060:110
and 18.44.066.050
DETERMINATION OF THE. ZONING ADMINISTRATOR :
Having been appointed Zoning Administrator by the Planning Director, pursuantto 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 da#e set forth above, l do hereby find: ~ '
1. That this waiver was originally considered under Section 18.12.080.020 (Administrative
Adjustments) of the Anaheim Municipal Code which authorizes approval of a parking waiver without a
public hearing if (i) the deviation from the Code standard does not exceed 10% and (ii) no written - .~ .
objections are received within 10 days from the mailing of a public notice; that the proposed deviation
does not exceed 10%' (the proposed number of parking spaces is 9.5% less than the,73 spaces required :.
by Code), but that written opposition was received (one letter and a petition with 91 signatures) within 10... ~.
days from the mailing of the public notice on June. 28, 2002; and that, at the applicants request, a ,public:
..hearing was scheduled and duly noticed pursuant to Section 18.12.080.
2. That in connection with the public hearing, and as discussed in the Staff Report to, the Zoning
Administrator dated August 22, 2002,~a petition dated July 14, 2002 containing 15 signatures was
received rescinding the written objections previously submitted and supportingthe proposal; and that
said 15 signatures with addresses include all the addresses in both the opposition letter and the
apposition petition. - .
3. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking , . _
spaces to be provided for the proposed use than the number of such spaces necessary to accommodate ~.
ail vehicles attributableto such use under the normal and reasonably foreseeable conditions of operation .
of such use.
4. That the waiver;.underthe conditions imposed, will notincrease the demand and competit'son ~ ~.
for parking spaces upon the public streets in the immediate vicinity of.the proposed use.
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5. That the waiver,. under the conditions imposed; will not increase.the demand and competition . ~ . ~ .
for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. .... .
6. That the waiver, under the conditions imposed, will not.increase.traffic congestion within the ..
.off-street parking areas or lots provided,for such use.
7. ~ That the waiver, under the conditions imposed; vviN not impede vehicular ingress to oregress
from adjacent properties-upon the public streets in the immediate vicinity of the proposed use.
8. That no one indicated their presence at the public hearing in opposition to the proposal.
Based on the evidence_ presented to me, i do Hereby de#ermine #o grant Administrative Adjustment No. _ .
2002-00221 subject to the following conditions: .
. 1. That prior to issuance of a building permit, a detailed landscaping plan for all.proposed landscaped
areas shall be submitted:#o the Zoning.Division .for review and approval,, including landscaping in the...
parkvrayswvithin the public rights-of;way adjacent to Lincoln Avenue and Monterey Street. .
(a) Said plan shall specifically identify ail proposed landscaping (trees, shrubs; vines, ground.:
cover, etc.) by species; size, number of plants, location and spacing. Ttie, plan shatPaiso show.
appropriate irrigation`facitities in accordance with Section 18.04.060.060 (Irrigation) of the .
Zoning Code.
(b) The plan shaft include minimum twenty four (24) inch box sized trees where appropriate, .
provided that not all the trees have to be 24-inch: box sized.
(c) The plan shall include landscaping along the north property line to provide some screening
between this commercial use and the adjacent RS 7200 (Residential, Single-Family) zoning
and -uses. Said landscaping shall minimally consist of trees in the planters which are shown on
Exhibit No. 1 between every two (2) parking spaces. The petitioner shaft. confer with staff,
including staff in the Urban Forestry Operations section of the Community Services
Department, regarding the appropriate tree species and size suited to the minimum available
space, and.the appropriateplanter shape.and dimensions which can reasonably be
incorporated between parking spaces. Additionally, if poss'sble, vines shall be planted to
provide screening of the existing block wall and to discourage graffiti.
(d) Any decision made by the Zoning Division regarding the landscaping plan may be appealed to
the Zoning Administrator, Planning Commission and/or City Council.
(e) All of the landscaping, including appropriate irrigation facilities, shall be completed prior to final
building and zoning inspections or issuance of an occupancy permit, whichever occurs first, for
the approved new construction.
2. That any tree or other landscaping on this site shalt be replaced in a timely manner in the event that
it is removed, damaged, disease~;~and/or dies.
3. That four (4) foot high street address numbers shah be displayed on the roof of the building in a
contrasting color to the roof material. Ttie numbers shall not be visible to the adjacent streets or.
adjacent properties. Said informatian s4~ail be specifically shown on plates submitted for building
permits.
4. That'any existing or proposed roof-mounted equipment sha{I be subject to the screening
requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial,
Limited) Zone. Said information shall be specifically shown on plans submitted. for building permits.
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5. ~ That the property shall tie~permanently maintained in an orderly fashion through the provision of
regular,landscaping.maintenance; removal of trash or debris, and:removal of graffiti within twenty
four (24) hours from time of occurrence. Tlie property owner is also responsible for maintaining the
parkways within the public,right-of-way.along Lincoln Avenue and Monterey Street.
6.. That ail trash generated:from Ehis property shall be properly contained.in trash bin(s) contained ,
within approved trash enclosure(s). The number of binsshall be adequate acid the trash pick-up -
shali be as frequent asnecessary~to ensure the sanitary handling and timely removal of refuse from
the property. The Code Enforcement Division of the Planning Department shall determine the need
.for additional trash pick-up. Atl costs for increasing the number of bins or frequency of,pick-up shall
be paid for by the business owner. ~ . .
7. That no required parking area shall be fenced. or otherwise enclosed for storage or other outdoor.
. uses.
8. That if public telephone service is installed, such telephones shall only be installed inside the
commercial building. ~ '
9 -That plans shall. be submitted to the. City Traffic and Transportation Manager for review and approva[ "
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601. and -
602 pertaining to parking standards and driveway locations. Subject property shall thereupon'be : ,
developed and maintained in conformance with said plans..
1t}.. That granting of this parking waiver is contingent upon operation of the approved, use in
conformance with the assumptions and/or conclusions relating to the operation and intensity of use
as contained in the Parking Analysis dated May 23, 2002; which formed the basis for approvaCof the
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions
and/or conclusions, as contained in the Parking Analysis, shall be deemed a violation' of the
expressed conditions imposed upon the parking waiver which shall subject this permit to termination .
or modification pursuant to the provisions of Sections 18:03.091 and 18.03.092 of the Anaheim
Municipal Code.
11. That the subject propefij shaii 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 i,xhibit Nos. 1, 2, 3 and 4, `and as conditioned herein. .
12. That prior to issuance of a building permit or within a period of one (1) year from the date of this
decision, whichever occurs first, Condition IVos.1, 3 4 and 9, above-mentioned, shall be complied
with.. Extensions for further time to compete said conditions may be"granted in accordance with
Section 18.03:090 of the Anaheim Municipal Code.
13. That prior to final building and zoning inspections, Condition Nos.1(e), 3, 6 and 11,
above-mentioned, shall be complied with.
14. That approval of this application bonstitutes 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 Fite this.2T~ day of August, 2002.
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Annika M. Santalahti, Zoning Administrator
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NOTICE: This decision sha![ become final unless an appeal to the City Couricil, in writing, accompanied
by an appeal fee, is filed with the City Cierk within ~15 davs of the date of thesigning of this decision or.
unless members of the City Council shall request to review this decision withirrsaid 15 days. -
DECLARATION OF SERVICE BY MAIL: 1 do hereby declare under penalty o#~perjury that on the date set .. .
forth below, l did deposit, in the United'State Mail, a copy of the decision to the applicant and did forward
a copy to the City Cler[c. ,
DATED: August 27, 2002 ~.
Patricia Koraf,'Sr.:Word rocessing Operator