Resolution-ZA 2004-09• •
DECISION NO. ZA 2004-9
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2004-04598
OWNER: Miguel Estevez
180 South Lakeview Drive
Anaheim, CA 92807
AGENT: G. Bart Stryker
1450 North Tustin Avenue, Suite 200
Santa Ana, CA 92705
LOCATION: 180 South Lakeview Drive
CEQA STATUS: CEQA Categorical Exemption, Class 3
HEARING DATE: March 4, 2004
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence was received in opposition.
REQUEST: Waiver of the following to construct a 6-foot high combination block wall and wrought
iron fence in the required front setback of an existing single-family residence in the
RS-HS-43,000(SC) (Residential, Single-Family Hillside -Scenic Corridor Overlay) Zone:
Sections 18.04.043.100.101(a) - Maximum fence height.
18.12.060.090 (3-foot high fence permitted in the minimum 15-foot setback along
18.22.063.010 Lakeview Drive;
and 18.22.064.070 6-foot high fence proposed at the front properly fine)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.040 (Authority and Duties), to decide the above-referenced petition and a public
hearing having been duly noticed for and held oh the date set forth above, I do hereby find;
1. That there is a specia{ circumstance applicable to the property consisting of its topography
(a steep slope in the rear yard) which reduces the usable outdoor recreation and leisure area on the parcel
and which does not apply to other identically zoned properties in the vicinity.
2. That nine homes in the immediate vicinity of this property and additional homes throughout
the neighborhood in general are improved with similar fences (as described in paragraph (11) of the Staff
Report to the Zoning Administrator dated March 4, 2004 and as shown on the photographs submitted by
the petitioner) and, therefore, strict application of the Zoning Code would deprive this property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
3. That the proposed front yard fence, including the required landscaping, will be compatible
with the overall character of the surrounding Peralta Hills neighborhood.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2004-04598, subject to the following conditions:
1. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval,
showing that the fence location, including at the two (2) driveway entrances, conforms with
Engineering Standard No. 137 pertaining to sight visibility to and from Lakeview Drive, and sight
distance visibility along Lakeview Drive.
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2. That the petitioner shall plant clinging vines on maximum five (5) foot centers along the combination
block wall and wrought iron fence to minimize its visual impact on the neighborhood.
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 and 2, and as conditioned. herein.
4. That within one (1 }year from the date of this Decision or prior to issuance of a permit by the Building
Division for the fence, whichever occurs first, Condition Nos. 1 and 6(a), herein-mentioned, shall be
complied with.. Extensiohs for further time to complete said conditions may be granted in accordance
with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use
Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code.
5. 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.
6. (a) That a plan shall be submitted to the Public Works Department, Subdivision Section, for review
and approval, specifying and showing that the street right-of-way between the approved fence
and the paved portion of Lakeview Drive shall be landscaped with groundcover, shrubs and/or
similar plants, and/or graveled, and/or covered and maintained with wood chips, or some
combination thereof. Said plan shall include the landscaping required by Condition No. 2, above-
mentioned. Additionally, if pavement is proposed to connect the driveway with the paved portion
of Lakeview Drive, such pavement shall be shown on the plan. Following approval by the
Subdivision Section, the approved plan shall be submitted to the Zoning Division for inclusion in
the Variance No, 2004-04598 file.
(b) That following approval of the plan and submittal to the Zoning Division, said landscaping and/or
gravel and/or wood ships and/or paving shall be installed and properly maintained thereafter.
7. That within (6) months after a permit is issued by the Building Division for the fence or prior to final
building and zoning inspections of the approved fence and the required landscaping, whichever
occurs first, Condition Nos. 2, 3 and 6(b), above-mentioned shall be complied with.
This decision is made, signed, and entered into the file this 11"' day of March, 2004.
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, 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: March 11, 2004
ielle C. Mas iel Wo d Processing Operator
ZA2004-09.doc - 2 of 2 - ZA2004-9
City of An~eim
PLANNING DEPARTMENT
April 8, 2004
Daniel Rosenberg
255 South Euclid Street
Anaheim, CA 92802
Re: SPECIAL CIRCUMSTANCE WAIVER NO. 2004-00025 -Approved
On April 1, 2004, Annika M: Santalahti, Zoning Administrator, considered your request for
waiver of special event permit requirements to permit banners mounted on light poles in the
parking lot and other temporary signage, tethered inflatable devices, atent/canopy, and
entertainment events in conjunction with a grand opening for a retail furniture store in the CL
(Commercial Limited} Zone for nine (9) months during calendar year 2004. The property is
located at 255 South Euclid Street (Daniel's Furniture). She made the following findings:
.. 1. That Daniel Rosenberg, President, representing Mega Daniel's Home Center,
submitted a letter requesting this Special Circumstances Waiver and describing the proposed
special event activities and temporary advertising devices such as banners and tethered
balloons and inflatable devices, including that it be permitted for a total of nine consecutive
months for the remainder of the year through December 31, 200.4..
2. That approval. of special circumstances waivers (allowing modification and/or
waiver of regulations pertaining to special events) is authorized under subsection
18.02.055.080 (Zoning Administrator Review (of Special Events Permits)) and Section
18.12.085 (Special EventPermit -Review) of the Anaheim Municipal Code.
3. That the property is developed with a retail furniture store and a drug. store in
the CL (Commercial Limited) zone.
4. That tfUS specific request is for waiver of subsections 18.02.055.060.0607 and
18.02.055.060.0608 which allow four special event permits during a calendar year with each
permit not to exceed nine days for a total of 36 days annually; and that the subject business
was issued four consecutive special event permits on March 11, 2004, which will expire on
April 15, 2004.
5. That at the public meeting, the agent for the applicant described the reasons for
requesting such an extended period of time for grand opening activities; the various delays
which have occurred in connection with relocating this business from its previous location on
West Lincoln Avenue, and the times of year when sales may peak (for example, during the
week following the 4th of July holiday).
6. That based on the agent's explanations as well as modifications to the proposal
discussed during the public meeting, the Zoning Administrator approved a Special
Circumstances Waiver for the following:
• That the special grand opening event, including banners, atent/canopy and other
outdoor activities,-shall be permitted for a total four (4) month period ending on July
15, 2004; and
www.anaheim.net
200 South Anaheim Boulevard
P.Q. Box 3222
Anaheim, California 92803
TEL (714)765-5139
Page 1
• •
• That the permitted temporary signage shall limited to double banners on six (6) light
fixtures in the parking lot (i.e., two banners on each side of those light fixtures) as
illustrated on the photographs (labeled Exhibit Nos. 2 and 3) submitted by the
applicant; and
• That the tent/canopy, approximately thirty (30) feet by thirty (30) feet in area, shall be
permitted in the parking lot as illustrated on the Sate Plan (Exhibit No. 1) submitted by
the applicant; and
• That events which may take puce in, or in the vicinity of, the tent/canopy may include
an "inflatable jumper" for children, outdoor display of products sold on the premises,
food services, entertainment, and such other activities as may be approved by the
City.
7. That this approval, as conditioned. herein, will have negligible impact on the
parking lot and circulation, as well as the streets and highways in the area which are
equipped to handle large traffic flows.
-. 8. That the approved outdoor activities, as conditioned herein, will not adversely
of#ect the adjoining land uses and the growth and development of the area.
9. That approval of this Special Circumstances Waiver, under the conditions
imposed, serves the public interest and general welfare.
Under authority of subsection 18.02.055.080 and Section 18.12.085 of the Anaheim
Municipal Code, the Zoning Administrator approved Special Circumstances Waiver No. 2004-
00025, subject to compliance with the following conditions:
That the approved special grand opening event activities are described in Finding No. 6,
above.
2. That this Special Circumstances Waiver shall expire on Juiy 15, 2004.
3. That standard identification and price signs may be posted in connection with outdoor
displays where clearly intended to be read only by pedestrians in and about the parking
lot, and entering or leaving the store.
4. That the approved banners, the tent/canopy, any outdoor display, and the parking lot
shall be properly maintained in a clean, safe and attractive condition.
That the appropriate Special Event Permit (or Permits) shall be obtained from the
Zoning Division. for the accessory outdoor banners, displays and other activities; and
that the appropriate. fees shall be paid for the entir,~ four (4) month period; and , if
necessary, the applicant may revise such Permit(s) if additional activities are proposed
which comply with the intent of this approval.
6. That there shall be no balloons (other than individual balloons for children) or other
inflatable devices tethered on this property; and that there shall be no banners. or other
temporary advertising attached to the commercial building or the tent/canopy.
7. That at no time shall any activity in connection with this Special Circumstances Waiver
adversely impactor interfere with the safe movement of pedestrians, automobiles and
trucks across the parking lot.
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8. That violation of any of the conditions herein, or any other elements of this Special
Circumstances Waiver, may result in its immediate termination.
9. 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 (Site Plan), 2 (photographic
detail of a banner) and 3 {photograph of two banners on a light fixture), and as
conditioned herein.
10. That approval of this application constitutes approval of the 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
Sincerely,
`tea. ~,~ ~-~1 ~ C . ~(.as ci e~
Danielle G. Masciel, Word Processing Operator
Anaheim City Zoning Administration
SCW2004,00025.doc
C
Page 3
City of A~neim •
PLANNING DEPARTMENT
www.anaheim.net
April 8, 2004
Daniel Rosenberg
255 South EucNd Street
Anaheim, CA 92802
Re: SPECIAL CIRCUMSTANCE WAIVER NO. 2004-00025 -Approved
Oh April 1, 2004, Annika M. Santalahti, Zoning Administrator, considered your request for
waiver of special event permit requirements to permit banners mounted on light poles in the
parking lot and other temporary signage, tethered inflatable devices, atent/canopy, and
entertainment events in conjunction with a grand opening for a retail furniture store in the CL
(Commercial Limited) Zone for nine (9) months during calendar year 2004. The property is
located at 255 South Euclid .Street (Daniel's Furniture). She made the following findings:
. _ 1. That Daniel Rosenberg., President, representing Mega Daniel's Home Center,
submitted a letter requesting this Special CircumstancesWaiver and describing the proposed
special event activities and temporary advertising devices such as banners and tethered
balloons and inflatable devices, including that it be permitted for a total of nine consecutive
months for the remainder of the year through December 31, 2004...
2. That approval of special circumstances waivers (allowing modification and/or
waiver of regulations pertaining to special events} is authorized under 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.
3. That the property is developed with a retail furniture store and a drug store in
the CL (Commercial Limited) zone.
4. That tt~;s specific request is for waiver of subsections 18.02.055.060.0607 and
18.02.055.060.0608 which allow four special event permits during a calendar year with each
permit not to exceed nine days for a total of 36 days annually; and that the .subject business
was issued four consecutive special event permits on March 11, 2004, which will expire on
April 15, 2004.
5. That at the public meeting, the agent for the applicant described the reasons for
requesting such an extended period of time for grand opening activities, the various delays
which have occurred in connection with relocating this business from its previous location on
West Lincoln Avenue, and the times of year when sales may peak (for example, during the
week following the 4th of July holiday).
6. That based on the agent's explanations as well as modifications to the proposal
discussed during the public meeting, the Zoning Administrator approved a Special
Circumstances Waiver for the following:
• That the special grand opening event, including banners, atent/canopy and other
outdoor activities, shall be permitted for a total four (4) month period ending on Juiy
15, 2004; and
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, California 92803
TEL (714) 765-5139
Page 1
• •
• 'That the permitted temporary signage shat{ limited to double banners on six (6) light
fixtures in the parking lot (i.e., two banners on each side of those light fixtures) as
illustrated on the photographs (labeled Exhibit Nos. 2 and 3) submitted by the
applicant; and
• That the tent/canopy, approximately thirty (30) feet by thirty (30) feet in area, shall be
permitted in the parking lot as illustrated on the S:se Plan (Exhibit No. 1) submitted by
the applicant; and
• That events which may take place in, or in the vicinity of, the tent/canopy may include
an "inflatable jumper" for children; outdoor display of products -sold on the premises,
food services, entertainment, and,such other activities as may be approved by the
City.
7. That this approval, as conditioned herein, will have negligible impact on the
parking lot and circulation, as well as the streets and highways in the area which are
equipped to handle large traffic flows.
8. That the approved outdoor activities, as conditioned herein, will not adversely
affect the adjoining land uses and the growth and development of the area.
9. That approval of this Special Circumstances Waiver, under the conditions
imposed, serves the public interest and general welfare.
Under authority of subsection 18.02.055.080 and Section 18.12.085 of the Anaheim
Municipal. Code, the Zoning Administrator approved .Special Circumstances Waiver No. 2004-
00025, subject to compliance with the following conditions:
That the approved special grand opening event activities are described in Finding No. 6,
above.
2. That this Special Circumstances Waiver shalt expire on ,luly 15, 2004.
3. That standard identification and price signs may be posted in connection with outdoor
displays where clearly intended to be read only by pedestrians in and about the parking
lot, and entering or leaving the store.
4. That the approved banners, the tent/canopy, any outdoor display, and the parking lot
shall be properly maintained in a clean, safe and attractive condition.
5. That the appropriate Special Event Permit (or Permits) shall be obtained from the
Zoning Division for the accessory outdoor banners, .displays and other activities; and
that the appropriate fees shall be paid for the entire four (4) month period; ~ and , if
necessary, the applicant may revise such Permit(s) if additional activities are proposed
which comply with the intent of this approval
6. That there shall be no balloons (other than individual balloons for children) or other
inflatable devices tethered on this property; and that there shall be no banners or other
temporary advertising attached to the commercial building or the tent/cahopy.
7. That at no time shall any activity in connection with. this Special Circumstances Waiver
adversely impact or interfere with'the safe movement of pedestrians, automobiles and
trucks across the parking lot.
Page 2
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8. That violation of any of the conditions herein, or any other elements of this Special
Circumstances Waiver, may result in its immediate termination.
9. 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 (Site Plan), 2 (photographic
detail of a banner) and 3 (photograph of two banners on a light fixture), and as
conditioned herein.
10. That approval of this application constitutes approval of the 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.
Sincerely,
Via. ~,~ ~G1 e._- C . Las ci ~(
Danielle C. Masciel, Word Processing Operator ~ ~.
Anaheim City Zoning Administration
SCW2004-00025.doc
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