Resolution-ZA 2006-29
RESOLUTION NO. ZA2006-29
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2006-04702 BE DENIED
(1803 WEST CHANTICLEER ROAD)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for
certain real property situated in the City of Anaheim, County of Orange, State of California described as Lot
76 of Tract No. 2350.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on October 26, 2006 at 3:00 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed variance and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
That the petitioner requests waiver of the following to retain an existing outdoor fireplace and
detached bathroom in the rear yard of a single family residence:
SECTION NO. 18.04.100.040 Permitted encroachment for accessory
buildinQS and structures
(5 feet required for the fireplace and
detached restroom; 9 inches existing for the
bathroom and 21 inches existing for the
fireplace)
2. That the waiver to retain an existing outdoor fireplace and detached bathroom in the rear
yard of a single family residence is herby denied since there are no special circumstances applicable to the
property pertaining to the size, shape, location or surroundings which do not apply to other identically-zoned
properties in the vicinity. The subject property has a substantial back yard area and the fireplace and
detached bathroom could potentially be placed at a setback of five (5) feet that would meet code
requirements. Further, said outdoor fireplace is located within a 5-foot wide public utility easement and the
Public Works and Public Utilities Departments require that no structures encroach into said easement area.
3. That no other variances for permitted encroachment for accessory structures have been
granted in the neighborhood; therefore, strict application of the Zoning Code would not deprive this property
of privileges enjoyed by other properties under identical zoning classification in the vicinity.
4. That one anonymous complaint was received from a resident in opposition to the waiver
request.
5. That nobody indicated their presence at said public hearing in opposition, and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby deny subject Petition for Variance,
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of
October 26, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
~i/,~/~
DATE A EIM ZONING ADMINISTRATOR
ATTEST:
ENIO ARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on October
26, 2006.
IN WITNESS WHEREOF, I have hereunto et my hand this ~ day of
2006. o
QiL-~
SR. SE RETARY, ANAHEIM ZONING ADMINISTRATOR
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DECISION NO. MM2006-1
A DECISION OF THE PLANNING DIRECTOR
APPROVING A MINOR MODIFICATION (MIS2006-00173)
OWNER: David J. Haddad
11812 San Vicente Boulevard, Suite 510
Los Angeles, CA 90049
AGENT: Nick Rogers
Nick Rogers Realty Inc.
2582 Santiago Blvd, Suite A
Orange, CA 92867
CASE NO. MIS2006-00173
ADDRESS: 100 South Chaparral Court
APPLICATION
RECEIVED: October 30, 2006
DATE
APPROVED: November 9, 2006
REQUEST: Waiver of minimum number of parking spaces under authority of 18.62.045.060
(Minor Modifications) of the Anaheim Municipal Code to establish a 3,798 square foot
medical office within an existing office building.
Having been appointed by the Planning Director to decide the above-referenced petition I do hereby find:
1. That the modification is consistent with the purposes and intent of the Zoning Code;
2. That the same or similar result cannot be achieved by using provisions in the Zoning Code
that do not require the modification;
3. That the modification does not conflict with the provisions of the California Building Standards
Code or other codes, as adopted by the City;
4. That the modification will not produce a result that is out of character or detrimental to the
neighborhood;
5. That a total of 427 parking spaces are required for the existing office complex (including the
proposed medical office) and 392 spaces are provided. A parking ratio deviation of 8.2 percent is
proposed; therefore, this minor modification request would be in compliance with the maximum 10
percent deviation permitted by Code.
Based on the evidence and testimony presented to me, I do hereby determine to approve the Minor
Modification (MIS2006-00173), subject to the following conditions:
1. That the 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 No. 1, as conditioned herein.
MIS 2006-00173.doc - 1 of 2 - MM2006-1
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2. 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.
This decision is made, signed, and entered into the file this 9th day of November, 2006.
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David See, Senior Planner
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 shall request to review this decision within seven (7) days.
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 co y of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: November 13, 2006 ~~CX~ ~
at Ch ndler, ecretary
MIS 2006-00173.doc - 2 of 2 - MM2006-1
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November 17, 2006
Norm Nowell
Makena Properties
1500 S. Anaheim Boulevard, #110
Anaheim, CA 92805
Zack Wallace
Anaheim Arsenal
198 West Cerritos Avenue, #5
Anaheim, CA 92805
Re: SPECIAL CIRCUMSTANCES WAIVER NO. 2006-00035 -Approved
On November 9, 2006, William Sell, Acting Zoning Administrator, considered your
request for waiver of special event permit requirements to permit a banner on the
American Sports Center building for 5 months (from November 24, 2006 to April 12,
2007). The property is located at the southeast corner of Cerritos Avenue and Anaheim
Boulevard with frontages of 1,260 feet on the south side of Cerritos Avenue and 530
feet on the east side of Anaheim Boulevard (1500 South Anaheim Boulevard -
American Sports Centers). He made the following findings:
1. That such modification or waiver would serve the public interest, safety, or
general welfare or that extraordinary circumstances are present.
2. That the proposed banner will not impact any parking circulation, nor any
streets and highways in the area that are equipped to handle large traffic flows.
3. That the proposed banner will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
On the basis of the above findings, the Zoning Administrator approved Special
Circumstances Waiver No. 2006-00035 for the herein-described special event for 5
months (from November 24, 2006 to April 12, 2007), subject to compliance with the
following conditions:
1. That the banners shall be installed as indicated in the applicant's submitted letter
of operation.
2. That this Special Circumstances Waiver shall expire on April 12, 2007.
3. That no other banners shall be displayed on the building other than the permitted
temporary banner and permanent signs.
4. That the banner shall be kept clean, neatly maintained, with no missing sign
copy, or ripped or faded material. An un-maintained or damaged portion of the
banner shall be repaired or replaced immediately. Noncompliance shall
constitute a public nuisance and shall be subject to termination of this permit.
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Norm Nowell
November 17, 2006
Page 2 of 2
5. That not less than five (5) days prior to the commencement of the activity
authorized by Special Circumstances Waiver No. 2006-00035, the applicant shall
obtain a Special Event Permit from the Planning Services Department.
6. 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.
Sincerely,
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Pat Chandler,
Senior Secretary
Anaheim Zoning Administration
(714)765-5139 Extension 5355
SCW2006-00035-LTR
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~a NBA
To Whom It May Concern:
This is the official request for a special events waiver for the Anaheim Arsenal. We are
the new NBA Development League team in Anaheim. We will be practicing at the
American Sports Centers located at 1500 S. Anaheim Blvd and playing our home games
in the Arena at the Anaheim Convention Center. We are requesting a waiver to have a 10
feet by 20 feet banner hung on the side of the American Sports Centers building from
November until April. The banner would have our logo, contact information (phone
number and website) and announcement of our inaugural season which begins on
November 24, 2006 and will go until April 12, 2007.
Below is our credit card information for the deposit for the amount of $1000. Also
attached are some photos of the sports center and where we would hope to hang the
banner.
We thank you for you consideration and please feel free to contact me with any questions
or concerns.
Sincerely,
Zack Wallace
Team President
198 W. Cerritos Avenue, #5 Anaheim, CA 92805 T: 714.635.BALL F: 714.635.4661 www.anaheimarsenal.com