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Resolution-ZA 2000-25 DECISION NO. ZA 2000-25 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2000-004396 OWNERS: David A. Browne and Diane G. Browne 504 South State College Boulevard Anaheim, CA 92805 AGENT: Harmon J. Ward 717 South Ohio Street Anaheim, CA 92805 LOCATION: 504 South State College Boulevard (Anaheim Band Instruments) HEARING DATE: June 1, 2000 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. REQUEST: Petitioner requests waiver of the following to construct atwo-story addition to an existing commercial retail building in the CL (Commercial, Limited) Zone: Sections 18.06.050.020.022 - Minimum number of parking spaces. 18.06.080 (34 required; 26 proposed) 18.12.060.110 and 18.44.066.050 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 duly noticed for and held on the date set forth above, I do hereby find: 1. That the parking variance, as discussed in the Staff Report to the Zoning Administrator and under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the 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. 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use. 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Municipal Code). 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the use. 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the use. 6. That granting this parking variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses. VAR004396.doc - 1 of 3 - ZA2000-25 f • 7. That granting this parking variance, under the conditions imposed, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum number of parking spaces to construct a two-story addition to an existing commercial retail building on a 0.32-acre rectangularly-shaped property located at the southeast comer of Westport Drive and State College Boulevard, having frontages of 104 feet on the south side of Westport Drive and 135 feet an the east side of State College Boulevard, and further described as 504 South State College Boulevard (Anaheim Band Instruments); and that the Planning Director or his authorized representative has determined that the proposed project is Gategorically Exempt, Class 1, under Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2000-004396, subject to the following conditions: 1. That a trash storage area shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. Said information shall be specifically shown on the plans submitted for Public Works Department, Streets and Sanitation Division approval. 2. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 3. That three (3) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color to the roof material. The numbers shall not be visible to the nearby streets or adjacent properties. Plans specifically showing said improvements shall be submitted for building permits. 4. That final building elevations including the material, color and style of the proposed addition shall be submitted to Zoning Division staff for approval to ensure compatibility with the existing building fagade. Plans specifically showing said improvements shall be submitted for building permits. 5. That enhanced landscaped planters shall be provided as follows: (a) Minimum five (5) wide along State College Boulevard from Westport Avenue to the driveway opening; and (b) Minimum three (3) feet wide along Westport Avenue from State College Boulevard to the first parking space. A landscaping plan, including an irrigation system, shall be submitted prior to issuance of a building permit. Said plan, specifying plant species, number of plants, size and spacing (both existing and proposed), shall be submitted to the Zoning Division for review and approval (any decision by staff may be appealed to the Zoning Administrator). To the greatest extent possible and under the limitations imposed by existing conditions (i.e., the existing overhangs along the north and west building elevations, and the shallow distances between the existing building and the streets), the petitioner shall make every effort to comply with Section 18.04.060 "Landscaping Requirements -General' of the Municipal Code. Said landscaping shall consist of shrubs, vines and/or ground cover (trees may not be practical because of the overhangs and shallow planter widths). The objective of the landscaping along the building shall be io achieve a visually attractive plant screen (minimum three (3) feet high) which will grow together within two (2) years. Along State College Boulevard, between the street and the parking area, the proposed landscaping shall not obscure lines-of-sight between pedestrian and vehicle traffic. All landscaping shall be maintained in a neat, healthy and clean condition. In the event that any plants die or become diseased, the plants shall be promptly replaced. VAR004396.doc - 2 of 3 - ZA2000-26 f • 6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 7. That granting of this parking variance is contingent upon operation of the commercial use in conformance with the assumptions and/or contusions relating to the operation and intensity of use as contained in the parking study that formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or contusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Munitpal Code. 8. That subject property shall be developed substantially in accordance with plans and spetfications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein. 9. That prior to prior to issuance of a building permit or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5 and 6, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 10. That prior to final building and zoning inspections, Condition No. 8, above-mentioned, shalt be complied with. 11. 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 8th day of June, 2000 . 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 detsion or unless members of the City Countl 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, I did deposit, in the United States Mail, a copy of the decision to the applicant and did forvvard a copy to the City Clerk. DATE: June 8, 2000 relle C. Ma ' Won:l Processing Operator VAR004396.doc - 3 of 3 - ZA2000-26