Resolution-ZA 2002-39OPPOSITION: Two concerned people spoke at the public hearing in opposition to the proposal, and.. no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to allow a new parking lotto accommodate. an
.existing adjacent banquet facility in the Ct_ (Commercial, Umited) Zone:
Sections 18.04.048.020.023 - Maximum fence height:
and 18.44.068 ~ 8-foot high masonry wall required adjacent to residential uses;
6-foot high masonry wall existing and proposed along RS 7200
"Residential, Single-fiamily" zoning-and homes to the east)
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 du{y
noticed for and held on the date set forth above, } do hereby find:
1. That the waiver of maximum fence height pertains to an existing block wall which is proposed to
be retained between existingsingle-family homes to the east and a parking lot which will be installed in
approximately the rear half of subject property; that the front half of the subject property along Brookhurst
Street is developed with a chiropractor's office; and that the rear half of the subject property is currently
vacant and unimproved.
2. That the parking lot will be constructed for use in connection with a banquet facility at 420 South .
Brookhurst Street located on the adjoining parcel to the north; and that said banquet facility is entitled
under Conditional Use Permi# iVo. 2000-04277 on property. which includes the parcels at both 420 South.
Brookhurst S#reet and 504 South Brookhurst Street~(subject property), as discussed in the Staff Report to
the Zoning Administrator dated October 31, 2002.
3. That there are special circumstances applicable to the property~consisting of its location and
surroundings; which do not apply to other identically zoned properties in the vicinity in that the existing wall
maintains consistency with existing conditions of the area and that a landscape buffer will be provided
along the masonry wall to provide additional screening between subject property and the adjacent
residential homes.
4.` .That strict application ~of the Zoning, Code would deprive the property:of privileges enjoyed by .
other properties under.identical zoning classification in the vicinity because the existing 6-foot masonry
wall separates single~family uses.from commercial zoning; and that the subject property is not being
developed with new, structures but rather with parking lot improvements to vacant land; therefore,
additional wall height and screening are not warranted.
5. That approval of thiswaiver is. contingent upon development of a paved parking lot with
___..:_ ._. _.-landscaping planters; a~landscaping buffer,alon the mason wall at the east roe line and li htin
~" fxtures to~ill~minate.the parking lot; ; and~if the'activities~in the currently vacanYarea which disturb the ~ ~ ~ ~ - "°~`= ~ - -
" ~ residents`fiving to the_east do not cease because:of the.parking tof being developed; thisvariance may be
re-advertised for public hearing and construction of an 13-foot high masonry waif may be.'required.
.Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2002-04538, `subJectto the following conditions:
1. That the property shall. be, permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance; removal of trash or debris, and removal of graff+ti within twenty
- four (24) hours from time of occurrence:
2. That this parkcing lot shall be equipped with lighting of sufficient power to illuminate and make easily
' discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall
.: be directed, positioned and shielded irr such a manner so as not to unreasonably illuminate the
windows of nearby residences.
- 3. That the applicant shall be responsible for maintaining the premises free of litter at ati times.
4. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies.
5. That the landscape planters shall be permanently maintained with live and healthy piants. That any
" existing mature landscaping shall be maintained and immediately replaced in the event that it
becomes diseased or dies.
6. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
. 7. That no'compacf or'small car' parking spaces shalt be permitted. __ _
8. That plans shall be submitted to the City Traffic and Transportation. Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602
.. pertaining to parking standards and driveway Iocattons.. Subject properly shall thereupon be -
developed and maintained in conformance with said plans.
9. That final landscaping plans for the subject parking lot shat! be submitted to the Zoning Division for
review and approval.. Said plans shall show minimum twenty four (24) inch box sized trees, shrubs,
groundcover.and vines to be planted in "layers adjacent to the 6-foot masonry wall along the east
property line. Said landscaping plans, Including appropriate irrigation facilities, shall also show the
parking tot lighting fixtures required in Condition No. 2, above. Any decision made by the Zoning
Division regarding said landscaping plan may be appealed to the Zoning Administrator and/or City
Council. Following installation, all the landscaping shalt be property and professionally maintained to
insure mature and healthy growth.
10. That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City ofi Anaheim by the petitioner and which plans are on file with the
Planning.Departmentrnarked Exhibit No.1, and as conditioned herein.
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. '11, That prior to paving the parking lot orwithin a period of six'(6) months from the.date of this decision,
.whichever orrcurs first, Condition Nos. 8 and 9, above-mentioned, shall be complied with. Extensions
for. further time to complete said conditions may lie granted in accordance with Section 98.03.090 of
the Anaheim Municipal Code;
92, That prior to commencing use of the, parking loft or within a period of one '(1) year frorii the .date of this
decision, whichever occurs first, Condition No. 90, above-mentioned, shalt be complied with.
:..
. " `'``~ 3; ' That=app~oval ~of this application constitutes approval of the proposed request only to the extent that it----
. complies with the Anaheim Municipal Zoning Gode 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 7r" day of November, 2002.
Annika M. Santatahti; Zoning dministrator .,
NOTICE: This decision shalt become firialunless an appeal toahe City Council, in writing, accompanied
by.an appeal fee; is.filed with the City Clerk within~98 davs of the date of the signing of this decision or
uNess membe~s.of the City Council shaft request to.review this decision within said 95 days.
DECLARAT[ON OF SERVICE (3Y MAtL:.l 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: November 7, 2002
Patricia oral, Sr: Word . ocessing Operator
ZA 2002-39