ZA 2009/09/03~~ ea o~on ~ o~~st~a~or
e~ a
T~a~as°s~~v, ~ep~ea~be~ 3, 2009
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
For record keeping purposes, if you wish to make a statement regarding any item on fhe
agenda, please complete a speaker card in advance and submit it to the secretary.
Anv writinqs or documents provided to the Zoninq Administrator reqardinq anv item on this
aaenda (other than writinps leqallv exempt from public disclosure) will be made available for
public inspection in the Planninq Department located at Citv Hall, 200 S. Anaheim Boulevard,
Anaheim. California, durinp reqular business hours.
• Call To Order - 9:30 a.m.
~ Public Comments
• Consent Calendar
• Public Hearing Items
• Adjournment
You may leave a message for the Zoning Administrator using the following
e-mail address: twhite@anaheim.net
H:\TOOLS VJ1Admin~ZAFiles~ZA090309).doc
Anaheim Zoning Administrator Agenda - 9:30 A.AA.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim Zoning Administrator or public comments on agenda items with the exception of
public hearing items.
Consent Calendar:
There will be no separate discussion of these items prior to action being taken unless the
Zoning Administrator, staff or the public request the item to be discussed and/or removed
from the Consent Calendar for separate action.
ITENi NO. 1A
Receiving and approving the Minutes from the Zoning
Administrator Meeting of August 20, 2009.
Note: Meeting minutes have been provided to the Zoning
Administrator and are availabie for review at the
Planning Department.
ITEBA NO. 1 B
APPLICANT: Frank Busalacchi, Jr.
Auto Center Dealers Association of
Anaheim, Inc.
1381 Auto Center Drive
Anaheim, CA 92806
LOCATION: 1321 -'i381. 1300 -1382 Auto Center Drive
and 1221 - 1271 South Phoenix Club Drive
(Anaheim Auto Center) Property is
approximately 21.62 acres.
The applicant proposes temporary signs and banners,
displays and special events for the six automobile
dealerships that comprise the Anaheim Auto Center for a
period of one year.
Project Planner.
Ted White
TWhite@anaheim.net
ZA090309
Page 2 of 4
rre~n ~o. a
(TRACKIPJG fd0. VARIAIJCE 2009-04786)
OWNER: Dennis Libby
1651 West Cerritos Avenue
Anaheim, CA 92802
APPLICANT: Danh Cong Ho
DCH Associated, Inc.
1100 North Tustin Avenue, Suite 105
Anaheim, CA 92807
LOCATIOM: 1651 West Cerritos Avenue: Property is 571 feet
east of the centerline of Euclid Street
The applicant proposes to delete a condition of approval limiting
the maximum structural height of single-family residences to 1-
story in order to construct two, 2-story, single family residences.
Project Planne~:
Vanessa Norwood
VNorwood@anaheim. net
ADJOURN 7'O 7HURSDAY, OCTOBER 1, 2009 AT 9:30 .4.M.
(The scheduled Zoning Administrator meeting for Thursday, September 17, 2009,
has been cancelled as no cases were filed for the meeting date.)
ZA090309
Page 3 of 4
CERTIFICATION OF POSTIfdG
I hereby certify that a complete copy of this agenda was posted at _I f~ ~~O ~m ~-aK -~
Location: COUNCIL CHAMBER DISPLAY CASE AND (TIME) (DATE)
OUTSIDE DISPLAY KIOSK
SIGNED: .,~l~t°~-~- G~2~~'~-~
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or a written
correspondence delivered to the Zoning Administrator or City Council at prior to, the public hearing.
I In comptiance with the American With Disability Act, if you need special assistance to participate in this
meeting, please contact the Pianning Department, (714) 765-5139. Notification 48 hours prior to the
I~ meeting wiil enable the City to make reasonable arrangements to ensure accessibility to this meeting.
SCHEDULE
2009
09/17/09
10/01 /09
10/15/09
10/29/09
11 /12/09
~~ 11/25/09 (Wednesday) ~~
12/10/09
~~ 12/24/09 (Cancelled) ~~
ZA090309
Page 4 of 4
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September 3, 2009
Subject Property
Special Circumstances Waiver IVo. 2009-00039
1321-1381, 1300-1382 South Auto Center Drive
1221-1271 South Phoenix Club Drive
~oez~ I
Se tember 3, 2009
Subject Property
Special Circumstances Waiver No. 2009-00039
1321-1381, 1300-1382 South Auto Center Drive
1221-1271 South Phoenix Club Drive
.
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I~'EM I~IO. 1-~
ZON~IOrG AI~iVIINIS"H"iZATOR AGEl~A REP~RT'
240 S. Anaheim Bivd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Faz: (714) 765-5280
wv~nv.anaheim.net
City of Anaheim
PLANNING I~EPARTMENT
DATE: SEPTEMBER 3, 2009
FROM: PLANNING SERVICES MANAGER
TED WHITE, PROJECT PLANNER
SUBJECT: SPECIAL CIRCUMSTANCES WAIVER NO. 2009-00039
LOCATION: 1321 - 1381, 1300 - 1382 Auto Center Drive and 1221 - 1271 South
Phoenix Club Drive (Anaheim Auto Center)
APPLICANT/PROPERTY OWNER: The applicant is Frank Busalacchi, Jr
representing the Auto Center Dealers Association of Anaheim, Inc. and the property
owners are Hazdin Automotive, DELA LLC, City of Anaheim, Anaheim
Automotive, ACD Holdings, LLC, and Erick Jan Bickett Trust.
REQiJEST: The applicant proposes temporary signs and banners, displays and
special events for the six automobile dealerships that comprise the Anaheim Auto
Center for a period of one yeaz.
RECONYMENIDATIOPT: Staff recommends the Zoning Administrator adopt the
attached resolution, approving a Categorical Exemption, Class 11 and Special
Circumstances Waiver No. 2009-00039.
BACKGROUND: This property is developed with a regional automobile sales
facility with vazious automobile dealerships (Anaheim Auto Center). This property
is located in the General Commercial (GG) Zone. The General Plan designates this
property and surrounding properties for general commercial land uses. The SR-57
Freeway is immediately west of this properiy, the Santa Ana River is to the north and
east and office and other commercial uses are located to the south.
PROPOSAL: The applicant proposes to waive Special Event Permit requirements
to allow a comprehensive promotional strategy that would apply to each of the six
automobile dealerships. Each dealership would be entitled to the following events
and/or displays for a period of one yeaz from the date of approval:
• One weekend outdoor event each month.
• One canopy/tent to be erected for a period of one month, four times per yeaz.
• One ground-mounted inflatable to be displayed for a period of one month,
four tintes per year.
• Non-metallic balloons displayed on vehicles £or sale.
SPECIAL CIRCUMSTANCES WAIVER NO. 2009-00039
September 3, 2009
Page 2 of2
•"Snow cone" banners with sign copy, or other merchandising material on light standazds
within vehicle display azeas and light standards along the perimeter landscaping of each
site.
• One banner with a maYimum size of 120 square feet on each building elevation.
The locations of the inflatable display and the canopy/tent display would be limited to the azeas
shown on the attached site plan/aerial photograph (Attachment No. 3)
ANALYSIS: The Anaheim Auto Center is a regional automobile sales facility consisting of six
dealerships on 21 acres. Special event permits typically regulate promotional activities
associafed with local or neighborhood-serving businesses within freestanding buildings or small
to medium size commercial centers. The lazge size of the Anaheim Auto Center, and its unique
location in an azea apart from other residential and commercial uses between the SR-57 freeway
and Santa Ana River, aze special circumstances that warrant individual consideration of
promotional activities for the facility.
COIVCLUSION: Staff recommends approval of the requested special circumstance waiver
because of the unique location and size of the regional automobile sales facility. Further, it is
appropriate for a regional automobile sales facility to have special consideration with regazds to
promotional activities, where such activities aze determined to be compatible with the size and
scale of the facility.
Respectfully submitted,
Senior P1~
Attachments•
1. Vicinity and Aerial Maps
2. Draft Resolution
Services Manager
The following attachment was provided to the Zoning Administrator and is available for public
review at the Planning Services Division at City Hall.
3. Site Plan/Aerial Photograph
[IDRAFT] A~TACY3[IVIIENT No. 2
RESOLUTION NO. ZA2009-***
A RESOLUTION OF THE ANAHEIM ZOI~IING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 11 AND
APPROVING SPECIAL CIRCLTMSTANCES WAIVER NO. 2009-00039
(1321 - 1381, 1300 - 1382 Auto Center Drive and 1221 - 1271 South Phoenix Club Drive)
WIIEREAS, the Anaheim Zoning Administrator did receive an application for
Special Circumstances Waiver No. 2009-00039 to allow temporary signs and banners, displays
and special events for a period of one year at the Anaheim Auto Center, more specifically
described as certain real property situated in the City of Anaheim, County of Orange, State of
Califomia as shown on Exhibit "A", attached hereto and incorporated herein by this reference;
and
WHEREAS, the Zoning Administrator did hold a public meeting at the Civic
Center in the City of Anaheim on September 3, 2009, at 9:30 a.m, to consider the request for
special circumstance waiver in accordance with the procedures set forth in Section
1838.240.090 (Special Events - Special Circumstances Waiver); and
WHEREAS, said Zoning Administrator, after due inspection, investigation and
study made by itself and on its behaif, and after due consideration of all evidence and reports
offered at said meeting, does find and determine the following facts:
1. That the proposed special circumstance waiver which includes promotional
activities, including signs and banners are appropriate to advertise a regional automobile sales
facility.
2. That the term and design of the promotional activities, including signs and banners
are compatible with the extraordinary circumstances surrounding the unique size, location and
operational characteristics of the Anaheim Auto Center.
3. That *** indicated their presence at the public hearing in opposition; and tbat ***
correspondence was received in opposition to the subject request.
WE3EREAS, the proposed project falls within the defmition of Categorical
Exemptions, Section 15311, Class ll(Accessory Structures), as defined in the State CEQA
Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning
Administrator does hereby approve Special Circumstances Waiver No. 2009-00039 subject to
the conditions of approval described in E~ibit "B" attached hereto and incorporated by this
reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the heath, safety and general welfaze of the Citizens of the
City ofAnaheim:
-1- ZA2009-***
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
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. Failure to pay all charges shall result in delays in the issuance of
required perntits or the revocation of the approval of this application.
BE IT FURTHER RESOLVED 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.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator
meeting of September 3, 2009. 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.
ANAHEIM ZONING ADMII~IISTRATOR
ATTEST:
SECRETARY, ANAHEIM ZOI~IING ADMIIVISTRATOR
STATE OF CALIFORNIA )
COLTNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 September 3, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand this 3'~ day of September,
2009.
SECRETARY, ANAHEIM ZOI~IING ADMIIVISTRATOR
-2- ZA2009-***
EXHIBTT "A~~
SPECIAL CIItCUMSTANCES WAIVER NO. 2009-00039
E BALL RD
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-3- ZA2009-***
EXHIBIT "B"
SPECIAL CII2CUIVYSTANCES WAIVER 2009-00039
No. Conditions ofApproval Responsible for
Monitoring
GENERAL COIVDITIONS
1 The applicant shall obtain a Special Event Permit to expire one Planning
(1) year from the date of issuance of the permit to provide for
the following promotional activities for each of the six (6)
automobile sales dealerships:
• One weekend outdoor event each month.
• One canopy/tent to be erected for a period of one
month, four times per year.
• One ground-mounted inflatable to be displayed for a
period of one month, four times per yeaz.
o Non-metallic balloons on displayed on vehicles for
sale.
•"Snow cone" banners with sign copy, or other
merchandising material on light standards within
vehicle display areas and light standards along the
perimeter landscaping of each site.
m One banner with a ma~cimum size of 120 squaze feet on
each building elevation.
Appropriate pemuts shall be obtained for individual outdoor
activities, including tents, stages, food service, live music, etc.
and shall comply with the Anaheim Municipal Code and any
other applicable City, County, State and Federal regulations.
That ali promotional items including banners, signs and tents Code
shall be kept clean, neatly maintained, with no missing sign Enforcement
2 copy, or dented or faded material. An un-maintained or
damaged portion of these items shall be repaired or replaced
immediately. Noncompliance shall constitute a public
nuisance and shall be subject to termination of this permit.
That promotional activities shall be operated substantially in Planning
accordance with plans and specificarions submitted to the City
3 of Anaheim by the applicant and which plans aze on file with
the Planning Department mazked Exhibit No. 1(Site
Plan/Aerial Photograph), and as conditioned herein.
ZA2009-***
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VAR2009-04786
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September 3, 2009 ~'P~' " I I t`~
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SubjectProperty 129-212-40 lo I. ' ~
129-212-41 i I, __ ~
Variance No. 3717
(Tracking No. VAR2009-04786)
1651 West Cerritos Avenue
10811
a so inu~ Aerial Photo:
~e April 2D08
B~'E1VI NO. 2
ZON~IG Ag2IVI][Ie1g5T'RA'g'~R AG~iV1DA REPOl~'I'
City of Anaheim
PLANNING DEPARTMENT
DATE: SEPTEMBER 3, 2009
FROM: PLANNING SERVICES NYANAGER
VANESSA iVORWOOD, PROJECT PLANNER
SUBJECT: AMEIVDMENT TO VARIANCE NO. 3717
(TRACKING VARIANCE NO. 2009-04786)
LOCATION: 1651 West Cerritos Avenue
APPLICANT/PROPERTY OWNER: The applicant is Danh Ho and the owner is
Dennis Libby.
REOYJES'Y': The applicant proposes to delete a condition of approval limiting the
maximum structural height of single-family residences to 1-story in order to construct
two, 2-story, single family residences.
RECOMMENDATION: Staff recommends that the Zoning Administrator adopt the
attached resolution, determining that the previously-adopted Negative Declaration is the
appropriate environmental documentation for this request and approving an amendment
to Variance No. 3717.
BACKGROUIVD: This property is currently developed with one residence and is
located in the Single Family Residential (RS-2) zone. The General Plan designates this
properry and adjacent properties to the north, east, south and west for low density
residential iand uses.
On November 19, 1987, the Zoning Administrator approved Variance No. 3717
pertaining to required lot frontage which allowed the subdivision of this property into
three lots with two of the lots having no frontage onto a public street or alley. The
variance included a condition of approval stating:
"That the owner(s) of subject property shall record a covenant against the
property limiting development of all lots to single-story, singte-family
residential structures. Said covenant shall be recorded with the office of Orange
County Recorder and a copy of the recorded covenant shall be fiunished to the
Zoning Division."
200 5. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
PROPOSAL: The applicant proposes to construct two, 2- story, single family
residences on two vacant parcels and proposes to delete the condition of approval
pertaining to the single story structural height limitation for these parcels.
AMENDMENT TO VARIANCE NO. 3717
September 3, 2009
Page 2 of 2
ANALYSIS: Code permits structural heights up to 35 feet in the RS-2 (Single Family
Residential) Zone. The condition of approval limiting the structural height of the homes was
adopted at the request of the former properiy owner to ensure the privacy of the existing 1-story
single-family residence on the properiy. The current owner would like to remove this restriction.
The covenant required by the condition of approval was never recorded. The single-family
residence located immediately east of this properiy is also a 2-story structure.
CONCLUSION: Code adequately addresses height limitations for this zone. Therefore, staff
recommends approval of the proposed deletion of the condition of approval pertaining to the
single story structural height limitation for these parcels.
Respectfully submitted, Conc ed by
n ~ ~
,,~~~,~~-~ ,
Se or Planner Pianning Services Manager
Attachments: \ /
1. Vicinity and Aerial Maps J
2. Draft Resolution
The following attachments were provided to the Zoning Administrator and aze available for
public review at the Planning Services Division at City Hall.
3. Prior staff reports and ZA Decision
4. Site Plan
~~x~F~~ a~TAC~NT rro. 2
RESOLUTION NO. ZA2009-***
A RESOLUTION OF THE ANAHEIM ZONII~IG ADMII~IISTRATOR
APPROVING A PREVIOUSLY ADOPTED CEQA NEGATIVE
DECLARATION AND APPROVING AN AMENDMENT TO VARIANCE NO. 3717
(TRACKING VARIANCE NO. 2009-04786)
(1651 WEST CERRITOS AVENUE)
WHEREAS, on November 19, 1987, the Anaheim City Zoning Administrator
approved ZA No. 87-35 granting Variance No. 3'717 to waive the required lot frontage to establish
a 3-lot subdivision at 1651 West Cerritos Avenue; and
WHEREAS, this properiy is currently developed with one single family residence
within the RS-2 (Single Family Residential) zone and the Anaheim General Plan designates this
property for Low Density Residential land uses; and
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition to amend
Variance No. 3717 (Tracking No. VAR2009-04786) to delete a condition of approval pertaining to
structural height of single family residences for certain real properiy situated in the City of
Anaheim, County of Orange, State of Califomia shown on E~chibit A, attached hereto and
incorporated herein by this reference; and
WHEREAS, the Decision of the Zoning Administrator (ZA No. 87-35), Condition of
Approval No. 14, states the following:
"That the owner(s) of subject property shall record a covenant against the properiy
limiting development of all lots to single-story, single-family residential structures.
Said covenant shall be recorded with the office of Orange County Recorder and a
copy of the recorded covenant shall be fiunished to the Zoning Division:"
WHEREAS, the applicant proposes to construct rivo, two-story single family residences.
WFIEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on September 3, 2009 at 9:30 a.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
-1- ZA2009-***
WHEREAS, said Zoning Adminishator, 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:
1. That the proposed amendment to the variance, would not adversely affect the
adjoining residential and commercial land uses and the growth and development
of the area in which it is proposed to be located because surrounding properties
are currently developed with two story residences.
2. That granting the proposed amendment to the variance will not be detrimental to
the peace, heaith, safety and general welfare of the citizens of the City of
Anaheim.
THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator has
reviewed the proposal and does hereby find that the previously-approved CEQA Negative
Declaration in connection with Variance No. 3717 is adequate to serve as the required
environmental documentation in connection with this request.
BE IT FURTFIER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated, does hereby approve the amendment to Variance No. 3717 is to delete
Condition of Approval No. 14 adopted in connection with ZA No. 87-35.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Zoning Administrator Decision ZA No. 87-35, adopted in connection with Variance
No. 3717 shall remain in full force and effect.
BE IT FURTFIER RESOLVED that the Anaheim Zoning Administrator does hereby
find and determine that adoption of this Resolurion is expressly predicated upon applicanYs
compliance with each and all of the conditions set forth in Zoning Administrator Decision ZA No.
87-35, as amended. Should any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
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 RESOLLJTION was adopted at the Zoning Administrator
meeting of September 3, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
_z_ ZA2009-***
BE IT FURTHER RESOLVED that the approval of this application constitutes
approval of the proposed request only to the extent tbat 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.
ANAHEIM ZONING ADMII~IISTRATOR
ATTEST:
SECRETARY, ANAHEIM ZONRJG ADMINISTRATOR
STATE OF CALIFORNIA )
COLTNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 September 3, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand this 3`~ day of September,
2009.
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-3- ZA2009-***
EX~~T "A"
VARIANCE NO. 3717
(Tracl:ingNo. VAR2009-0-178G)
~_ ZA2009-***
E7~YT "B"
VARIANCE NO. 3717
(TILACHING VARIANCE NO. 2009-04786)
NO. CONDITIONS OF APPROVAL ~SPONSIBLE
FOR
MONITORIlVG
1 The subject property shall be developed substantially in Planning
accordance with plans submitted to the City of Anaheim by
the applicant and which plans aze on file with the Planning
Department marked Exhibit No. 1(Site Plan) and as
condirioned herein. •
-5- ZA2009-#*°