Resolution-ZA 2000-30•
DECISION NO. ZA 2000-30
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO.2000-04402
OWNER: Jerine Knox
226 South Glassell Street
Orange, CA 92866
AGENT: Malkoff and Associates
18456 Lincoln Circe
Villa Park, CA 92861
Attention: Scott Minami
LOCATION: 1190 North Van Home Wav
HEARING DATE: AUGUST 10, 2000
OPPOSITION: One person spoke at the public hearing in opposition to the proposal and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following under the authority of Code to perrnit and retain
existing 22-foot high ground-mounted equipment for a wood shop facility in the SP94-1,
Development Area 1 (Northeast Area Specific Plan; Industrial Area) Zone:
Sections 18.04.049.050 - Required screening for permitted accessory equipment.
18.12.060.090 22-foot high screen required to screen outdoor
18.61.068 equipment; 8-foot high block wall existing and proposed)
18.110.050
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:
That the proposal is located in Development Area 1 'Industrial Area' of the Northeast Area Specific
Plan No. 94-1.
2. That this variance is approved subject to the conditions herein (i.e., the petitioner's satisfying those
conditions within the next six months, including a status report to the Zoning Administrator after the
first three months}, in order to eliminate the adverse noise impact this business has on a nearby
dwelling; and that the nearby resident will be notified when the status report is submitted to the
Zoning Administrator in about three months and when the conditions are wholly satisfied in about
six months.
3. That there are special circumstances applicable to the property, consisting of location and
surroundings, which do not apply to other property under identical zoning classification in the
vicinity because this industrial property is located across the street from one dwelling in the
Northeast Area Specific Plan; and that existing landscaping, including trees, partially screens the
outdoor equipment from the nearby public streets.
4. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity.
5. That the person who spoke in opposition to the proposal is a nearby resident who is unhappy with
the noise that is generated by this business's (cabinet and wood shop) outdoor equipment.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal for waiver of required screening for permitted accessory equipment to permit and
retain existing 22-foot high ground-mounted equipment for a wood shop facility in Development Area 1
(Industrial Area) of the Northeast Area Specific Plan (SP94-1) Zone on a redangulariy-shaped 0.5-acre
property located at the southeast comer of Coronado Street and Van Horne Way, having frontages of
125 on the south side of Coronado Street and 179 feet on the east side of Van Home Way, and further
described as 1190 North Van Horne Way; and does hereby approve the Negative DeGaration upon
finding that she has considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2000-04402, subject to the following conditions:
1. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public streets. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City
Traffic and Transportation Manager prior to installation of any such gate.
2. That within a period of three (3) months from the date of this decision, plans shall lie submitted
to the City Traffic and Transportation Manager for review and approva! showing conformance
with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to
parking standarrJs and driveway locations. Subject property shall thereupon be developed and
maintained in conformance with said plans.
3. That within a period of three (3) months from the date of this decision, all driveways shall be
reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering
Department Standard No. 137, except as may otherwise be approved by the City Engineer and
the Public Works Department.
4. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
5. That no compact or small car parking spaces shall be permitted.
6. That within a period of three {3) months from the date of this decision, an on-site trash truck turn
around area shall be provided in accordance with Engineering Standard Detail No. 610 and
shown on plans as required by the Department of Public Works, Street Sweeping and Sanitation
Division.
7. That within a period of six (6) months from the date of this decision, all roof and ground-mounted
equipment (other than the 22-foot high dust collector system silos) shall be property shielded
from view. All equipment shall be sound-buffered to comply with Code regarding acceptable
sound pressure levels. Such information identifying the sound attenuation devices shall be
specifically shown on the plans submitted for city permits and a revised sound study shall be
submitted to the Zoning Division for review and approval. The equipment shall be tested, with
staff in attendance, for compliance with Code for permitted sound pressure levels. The subject
of sound attenuation is discussed in the Staff Report to the Zoning Administrator dated August
10, 2000, including the following 12 attached pages:
Knox Cabinets 8 Remodeling -Request for Waiver of Equipment Screening Requirements
(3 pages),
MA Malkoff and Associates -Sound Levels,
• Exhibit A -Sound Measurement Results,
Site plan showing location of sound measurement,
• Knox Cabinets ~ Remodeling -Sound Measurements on December 23, 1999 (2 pages), and
MA Malkoff and Associates re: Notices of Violation (4 pages).
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8. That within a period of three (3) months from the date of this decision, due to the change in use
and/or occupancy of the building, plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim, inGuding the Uniform Building,
Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work, including for any equipment which
may have been installed but does not have the appropriate permits.
9. That the property owner shall pay the cost of Code Enforcement inspections as often as
necessary until the subject property is brought into compliance, or as deemed necessary by the
City's Code Enforcement Division, to ensure continued compliance with State and local statutes,
ordinances laws or regulations.
10. That within a period of three (3) months from the date of this decision, the existing deteriorating
slats in the gate to the enclosure around the outdoor equipment shall be replaced with redwood,
cedar, PVC slats, or such other screening material as may be approved by the Zoning Division
(such as dark green `tennis court screening'. Said slats or screening shall thereafter be
maintained in good condition at all times.
11. That the daily hours of operation of this business shall be as follows, discussed in item (13) of
the Staff Report to the Zoning Administrator dated August 10, 2000, and as specified in the
Letter of Operations submitted by the petitioner and attached to the Staff Report:
Mondays, Wednesdays and Fridays:
Tuesdays and Thursdays:
Saturdays (not more than two days per month):
Sundays:
7:00 a.m. to 4:00 p.m.
7:00 a.m. to 7:00 p.m.
7:00 a.m. to 4 p.m.
No work shall be performed that requires
the use of the exterior dust system or any
other outdoor equipment which results in
any noise that can be heard at the property
lines of this business.
12. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead. Furthermore, the existing mature trees and landscaping shall
be maintained and immediately replaced in the event that ft becomes diseased or dies.
13. That within a period of three (3) months from the date of this decision, there shall be no outdoor
storage of materials, storage bins and/or equipment within the parking lot or planter areas. All
existing outdoor storage and/or bins shall have been removed and no outdoor work within the
parking lot or planter areas shall be permitted.
14. 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 and Exhibit Nos. 1, 2 and 3, and as conditioned herein.
15. That three (3) months from the date of this decision (approximately November 16, 2000), the
petitioner shall submit a status report to the Zoning Division for review by the Zoning
Administrator indicating how and when the noise generated by the outdoor equipment at this
business location will be (or has been} reduced to a level acceptable to the City of Anaheim.
Said status report will tie agendized as a 'Reports and Recommendations" item at a regularly
scheduled Zoning Administrator meeting; and that notification, by letter, will be provided to the
surrounding property owners within a radius of three hundred (300) feet of this property.
Additionally, city staff will report regarding the status of code enforcement and any other city
actions concerning this business.
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16. That within a period of six (6) months from the date of this decision, the petitioner shall have
complied with all of the conditions herein. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal
Code.
17. 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.
Noncompliance with any of the conditions herein may be grounds for termination of this
variance.
18. That within a period of one (1) month from the date of this decision, the petitioner shah obtain the
appropriate business license(s) for this business(es) from the Business License Division of the
City Finance Department.
This decision is made, signed, and entered into the file this 17TM day of August, 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 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, 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.
DATE: AUGUST 17, 2000
.G C . JL~t ~s ~ ~ ~(
Danielle C. Masciel ~ _/
Word Processing Operator
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