Resolution-ZA 2005-26
DECISION NO. ZA 2005-26
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2005-04666
OWNER: NNRSV II, LLC
21580 Yorba Linda Boulevard #202
Yorba Linda, CA 92887
AGENT: GPA, INC.
David Glassman
1309 Post Avenue
Torrance, CA 90501
LOCATION: 8245 and 8295 East Monte Vista Road -Property consisting of 1.74 acres on the north side
of Monte Vista Road between Old Springs Road and Weir Canyon Road.
CEQA STATUS: CEQA Negative Declaration
HEARING DATE: October 27, 2005
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 permit a new coffee shop in a 18,238 square foot commercial
retail center in the C-G(SC) (General Commercial-Scenic Corridor Overlay) Zone:
Sections 18.42.040.010 - Minimum number of parking spaces.
and 18.74.040.020.0213 (130 spaces required; 106 spaces proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.74.040 (Approval Authority), 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 two commercial buildings are under construction on this property; that the Anaheim
General Plan Land Use Element designates this site and adjacent properties to the north for Low Intensity
Office land uses and the properties to the south, east and west for Open Space and Low Medium Density
Residential land uses.
2. That a parking study, prepared and submitted by an independent traffic engineer, was reviewed
and approved by the city's independent traffic and parking consultant acting on behalf of the City Traffic
and Transportation Manager; and that the findings of said study were based on a survey of comparable
businesses in Anaheim during morning and afternoon peak hours, and that the proposed number of
parking spaces was determined to be adequate to support the number of employees and customers for
this use and other uses on this commercial site.
3. That the parking waiver will not, under the conditions imposed, cause fewer off-street parking
spaces to be provided for the uses on the property than the number of such spaces necessary to
accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable
conditions of operation of the uses.
4. That the parking waiver will not, under the conditions imposed, increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
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5. That the parking waiver will not, under the conditions imposed, increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use.
6. That the parking waiver will not, under the conditions imposed, increase traffic congestion within
the off-street parking areas or lots provided for the proposed use.
7. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
8. 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
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2005-04666, subject to the following conditions:
1. That in order to better distribute parking throughout the entire integrated commercial retail center, that
employees for the medical office building (Building A at west end) shall park in their vehicles in the
parking lot between Buildings A and B to provide more accessible parking for customers of the
medical office building.
2. That the granting of this parking waiver is contingent upon operation of the use in conformance with
the assumptions and/or conclusions relating to the operation and intensity of the 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 this
waiver which shall subject this permit to termination or modification pursuant to the provisions of
Section 18.60.200 (City-initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code
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 a period of one (1) year from the date of this decision, the appropriate permits shall be
obtained from the Building Division for the approved use. Extensions for further time to complete this
condition may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with
Conditions of Approval) 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, regulations, or requirement.
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This decision is made, signed, and entered into the file this 3`d day of November 2005.
ti ~ , ~ ~~
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 fifteen (15) days of the date of the signing of this
decision or unless members of the City Council request to review this decision within twelve (12) days
from the date of signing.
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.
G`
DATE: MAILING DATE: November 3, 2005 ~~
at Chandler, Senior Secretary
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City of A>~eim
PLANNING DEPARTMENT
wwva.~naheim.net
November 17, 2005
Susan D. Snell
1051 S. Pine Canyon Circle
Anaheim, CA 92807
Evonne Morton
All Pro Remodeling
31621 Peppertree Bend
San Juan Capistrano, CA 92675
Subject: Administrative Adjustment No. 2005-280 -Waiver of the minimum rear yard
setback (15 feet required; 12 feet proposed) to construct a second story balcony
to the rear of asingle-family residence in the RS-3 (SC) (Residential Single-
Family, Scenic Corridor Overlay) Zone at 1051 South Pine Canyon Circle.
Following the public notice for Administrative Adjustment No. 2005-280 for waiver of the
minimum rear yard setback, it was determined that the requested 12-foot setback for the
proposed balcony in the RS-3 (Single-Family Residential) Zone is permitted by the Zoning
Code under the following sections:
Sections 18 04 100 010 0101 and 18.04.100.040 of Chapter 18.04 (Single-Family
Residential Zones) and Table 4-J (Permitted Encroachments for Accessory
Uses/Structures)
Maximum 4-foot deep encroachment permitted into the required 15-foot rear yard setback;
3-foot deep encroachment proposed.
Section 18.04.100.040.0401
Maximum 240 square foot encroachment permitted into the required 15-foot rear yard
setback; approximately 70 square foot encroachment proposed.
On the basis of the proposed balcony complying with the Zoning Code requirements
regarding permitted encroachments into the required rear yard setback and as shown on
the submitted site plan and floor plan, it has been determined by the Zoning Administrator,
Annika M. Santalahti, that an administrative adjustment is unnecessary and that no further
action is deemed necessary other than the applicant obtaining the appropriate permit(s) for
the proposed balcony from the City of Anaheim Planning Department, Building Division.
Sincerely,
d ''
Pat Chandler,
Senior Secretary
H:~ZAdec2005Wdj2005-00280. doc
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714) 765-5139