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Resolution-ZA 2002-37_. . __ ~._ ~ 1 - _ `DECISION NO. -7A 2002-37 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.2002-04524.. OWNERS Reeder Properties .._.._._ .`,__:209:BannockCourt, Box_856.~~~ Sun Valley, lD~'83353 ~ ~ ~ ..._ . "Ock Ja Kim 1365 North Knoilwood Circle . Anaheim, CA 92801 AGENT =Richard Kim 1365 North Knoilwood Circle ... • -Anaheim, CA 9280 I:OCATION: 1335 and .1365-1385 North Knoilwood Circle HEARING DATE: September~5, 2002, continued to.the meetings of October 3 and October 17, 2042 OPPOSITION: No.one indicated theft presertice atthe public hearing in opposition to the proposal and no correspondence in opposition was received. REQUEST: Waivers of the following to permit and retain accessory outdoor storage and equipment in connection with a textile manufacturing facility in the ML (Limited industrial) Zone: . . (a) Sections 18.06.050.030.031 - Minimum number of garkinq spaces. 18.06.080 50 s aces proposed; 121 spaces required) 18.12.060.110 and 18.61.066.050 (b) Sections 18.04.049.050 - Required screening of outdoor equipment. 18.12.060.090 ~ (outdoor equipment shall be view-screened from streets; and 18.61.068.010 ~. storage and equipment visible to Knoilwood Circle) ~ - 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 duty noticed for and held on the date set forth above, I da hereby find; 1. That waiver (a), minimum number of parking.spaces, is hereby approved based on the analysis in the submitted parking demand'study which concludes that the nature and operation of this industriat use will not cause fewer off-street parking spaces to be provided for such use than the number of spaces necessary to accommodate alt vehicles attributable to the use under the normal arid reasonably foreseeable conditions; and that the City Traffic and Transportation Manager. has reviewed the parking study and concurs with the conclusions based on the nature of this specific industrial use. . 2. ~ That the parking waiver; under the conditions imposed, wilt not increase the demand and competition for parking spaces upon the public streets in the immediate viciriity of the proposed use, nor will it increase traffic congestion within the off-street parking areas provided for the conditional use of the property; and that the conditional use.specificallyconfists of accessory outdoor storage and equipment located where parking spaces could otherwise be located. .. . ....:.:.:. .. - ... .:. .4.. That the parking waiver, under the contlitions.imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate. vicinity of the proposed use. 5: That waiver (b), required screening of outdoor equipment, is hereby approved based on the special circumstances related to this:property consisting of its locationat the end of a cul-de.-sacandthe existing parcel configurations which~do not applyto other.identicaJiytoned properties in the vicinity; and that strict application of the Zoning Code..would :deprive the property of privileges enjoyed by other -~ .-_ -._ :---.industrial properties in the:netghborhood because,the:outdoor a ui ment cannot be relocated to the rear .:- ~----.._ .9~.p _ .. _.:. of the buildings.{which location would screen such'equipment.from~fhe public street) ~due~to the setback~-~ = ~=-- =~- ~~-- -~= ---~ requirement along the adjoining residential lone and uses to the west, and to the required emergency .access aisle along the perimeter of the existing building. 6. , 'that approvai'of the waivers; as conditioned herein, will not be detrimental to the surrounding . industrial community, nor to the peace, health;`safety`and general welfare of the nearby residential zone grid uses to.the west because an existing landscaped easement provides a wide buffer between the two (industrial, and residential) uses. CA[:IFORNIA ENVIROIJMENTAI_ QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum number of parking spaces and required screening of outdoor ` equipment to permit and retain: accessory outdoor storage and equipment in connection with a textile manufacturing facility in the ML (Limited Industrial) Zone on two parcels tdcated at 1365-1385 and 1335 . Knoilwood Circle (Parcel 1 is an irregularly-shaped 3.0-acre property located at the terminus of Knoilwood Circle with a frontage of 86 feet at the terminus of Knoilwood Circle and a maximum depth of 444 feet; and Parcel 2 is an irregutariy-shaped 1.2•acre property located 1,666 feet north of the centerline of Woodland Drive with a frontage of 224 feet on the west side of ICnollwaod Circle and a maximum depth of 229 feet}; .Nand 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,1 do hereby determine to approve Variance No. 2002-44524, subject to the following conditions: 1. That the property owner shall pay the cost of Code Enforcement inspections conducted on a monthly basis, or as often as deemed necessary by the City's Code Enforcement Division, to ensure continued compliance.with State and local statutes, ordinances, caws and regulations. . 2. That chain link fencing with slats shall be instaped around all outdoor equipment visible to Knoilwood . Circle. PVC scats shad be interwoven. into said chain-link fence to reduce visibility of the outdoor silos, boilers and the other equipment. Said fencing and slats shall be maintained in good condition at all t'smes. - 3. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. The landscaping plan shall show the following: {a) A two (2) foot wide landscaped planter with clinging vines adjacent to the chain link fencing ` {required under Condition No. 2) to further screen the equipment from the public rights-of--way. (b) Twenty four (24) inch box "evergreen"tree(s) spaced at maximum twenty (20) foot centers shaft be planted in the front Setback along Knoilwood Circle. The petitioner shall confer with city staff to determine the most practical location(s) grid the number of tree(s). (c) .Additional landscaping within the existing landscaped planter at the southeast corner of the building at 1365-1385 Knoilwood Circle. (d). Planting of vines along the combination block wall and wrought iron fence along Knoilwood Circle to discourage graffiti. . Any decision made by the Zgning.Division regarding Said landscaping and irrigation plans may be - - ~ appealed to the Zoning Administrator and/or City Council. Within a period of three (3) mOnthS after 'F,. V2002=04524.doc _ - 2.of 4 - ..: ZA 2002 37 -- - :: ,: - _ - . the piaris are approved, the iandscaping .and imga6on facilities shall be installed and thereafter maintained in accordance witFi city requirements. 4. ~ That the outdoor equipment steal( be pa'snted to match; or otherwise. be compatible with, the exterior of the building inorder to de-emphasize the size and mass of the equipment.. • . ~ . 5. - _ That`any tree planted on-site shall be replaced in a timely. manner in the event that it is removed, _ ,_; _damaged,;diseased.and/oC dies,_.Furthermore, the_existtng mature trees and landscaping shall be _._. maintained and immediately replaced irrthe eveni: ttiaYany of-it becomes diseased or ies: `''= ~ ~ ~ "`" ~=~- ~ ~ ---~-- - 6.' That the petitioner shat! confer with citystaff regarding the possible relocation of the trash compactor to the cear•(west) of.the. property, if feasible, in.order to minimize its visuai impact ors Knotiwood Circle. 7: That within a period of two (2).weeks from the date of this decision, the applicant shall obtain the appropriate Encroachment Permit from the'Fublic Works Department for the activity and repair of sewer facilities within the public right=ofi way: . 8. (aj That Ehe outdoor storage of equipment, materiais,_finished products, or refuse shaii be incidental and accessory to. the primary operation of the permitted industrial use of this property (textile manufacturing). (b) tf thesquare footage of the outdoor storage and equipment exceeds the combined.square footage. of the .industrial buildings, the petitioner shalt submit (and obtain approval of) an - application for a conditional use permit to allow outdoor storage as a primary. use. 9. That the petitioner shall either. ~ ., (a) .Remove the existing shipping containers from the subject property; or (b) Submit (and obtain approval of) an application for a conditional use permit to a(tow the outdoor. use of shipping containers for storage purposes. 10. That all applicable building; plumbing and electrical permits shall be obtained from the Building Division for all un-permitted equipment and structures. 11: That granting of the 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 demand study that formed the basis for approval of the parking waiver. Exceeding, violating, intensifying or othenvise 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 shat{ 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. - 12. .That the petitioner shall either. ~ • (a} Relocate the existing eight foot -six inch high fence adjacent to Knollwood Circle out of the..- required front setback area; or . (b) . Submit (and obtain approval of) an application for a variance to permit the existing fence height within the minimum five (5) setback along KnoUwood Circle. . 13. That subject property shalt be developed substantially in accordance with plans and specifications submitted to the City of Anaheim 6y the petitioner and which plans are on file with the Planning '.Department marked and Exhibit Nos. 1 and 2, and as conditioned herein. ... ~ . ... . ~ .. .. ;. . V2002-04524,doc ,. ~ - - 3 of 4 - ~ ~ ZA 2002-37 16. 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.appiicableClty, 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 21st day of October, 2002. . ~1 ~~ Annika M. Santalaht ,zoning Administrator ~. NOTICE: This decision sFiall become final unless an appeal to`4he City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 davs 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 8Y MAIL: 1 do hereby declare under penalty of perjury that on the date set . forth below, l 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: October 21, 2002 ' Patricia Koral, Senio ord Processing Operator CITY OP ANAHEIM, CALIFORNIA Planning Department November 7, 2002 Anaheim Gateway LLC 120 North Robertson Boulevard Los Angeles, CA 90046 Re: Special Circumstances Waiver No. 2002-00021 -Approved On October 31, 2002, Annika M. Santalahti, Zoning Administrator, considered your request for Special Circumstances Waiver No. 2002-00021 to permit a temporary trailer, a banner and three small directional signs until March 1, 2003 in conjunction with a health club which is under construction at 1430 North Lemon Street (24-Hour Fitness Sport Club). She made the following findings: 1. That the property is partially developed vaith a commercial retail center zoned CL (Commercial Limited); and that the Anaheim General Plan land use designation is General Commercial. 2. That a letter dated October 8, 2002 requesting this special circumstances waiver and describing the proposal was submitted by Chris B. Bailey, Director of Construction, 24-Hour Fitness. 3. That the proposed 12' x 60' temporary trailer, which will be used for selling memberships to the health club, will be located on the east side of the building that is under construction; that the trailer will have a negligible impact on the parking lot serving the commercial retail center based on the number pf available spaces which exceed the actual usage of spaces at this time; and that the trailer will have a negligible impact on the streets and highways in the area which are equipped to handle large traffic flows. 4. 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 - Revievf' of the Anaheim Municipal Code. 5. That this specific request is for waiver of subsections 18.02.060.0607 which allows not more nine consecutive calendar days per special event, and 18.02.060.0608 which allows not more than four special event permits being issued to the same business during any calendar year (for a total of 36 days annually); and that the proposal is for apre-sale temporary trailer, one banner and three small directional signs for a future health club for the remainder of this calendar year (maximum 49 days) and through March 1, 2003 (59 days) when the fitness club is scheduled to be open for business. 6. That the proposed temporary trailer, banner and directional signs, as approved, will not adversely affect the adjoining land uses and the growth and development of the area in which they are proposed tp be located; and that approval of this special circumstances waiver, under the conditions imposed, serves the public interest and general welfare, as discussed in the Staff Report to the Zoning Administrator, dated October 31, 2002. Under authority of subsection 18.02.055.080 and Section 18.12.085, the Zoning Administrator approved Special Circumstances Waiver No. 2002-00021 for the herein described special event until March 1, 2003, subject to compliance with the following conditions: 1. That this special circumstances waiver permits the following: 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 vnvw.anaheim.net 1 a One (1) temporary pre-sale trailer (twelve (12) feet wide by sixty (60) feet iong). e One (1) banner (thirty six (36) square feet in area) mounted on the pre-sale trailer. m Three (3) directional signs (three (3) square feet, each, and approximately three (3) to four (4) ' feet high) located in the setback along Lemon Street at the northeast and southeast corners of the northern entrance driveway and Lemon Street, .and at the northeast corner of the southern driveway and Lemon Street. Additionally, the exact location of the directional signs shall comply with subsection 18.05.093.070 "Minimum Sight Distance Requirements for Freestanding Signs (at intersection of streets or streets and driveways)" of the Anaheim Municipal Code. e A fourth directional sign (similar sign and height as above) is also permitted and shall be located so as not to be visible to the public rights-of-way andlor adjacent properties. The locations and appearances of the trailer, banner and directional signs are illustrated on Exhibit Nos. 1 (Site Plan), 2 (directional signs), and 3 and 4 (photographs of similar directional signs), which drawings and photographs were submitted by the petitioner. 2. That the temporary pre-sale trailer, the banner and the three small directional signs shall be removed from the subject property on or before March 1, 2003. 3. That no hot-air balloons, roof-mounted inflatable devices, or portable signs shall be permitted.. Any violation of this requirement shall result in the immediate termination of this special circumstances waiver. 4. That the applicant shall maintain the banner and directional signs in good repair. 5. That prior to installing the temporary pre-sale trailer, the banner and/or the directional signs, the applicant shall obtain a Special Event Permit and pay the appropriate fee(s). Additionally, any necessary permit(s) shall be obtained from the Building Division for the temporary trailer. 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 of the date of this letter or unless member 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 Senior Word Processor Cc: Patrick O'Daly, STDR Architects, 3190-K Airport Loop Drive, Costa Mesa, Ca 92626 scw2002-00021.doc 2of2