Resolution-ZA 2001-41• •
DECISION NO. ZA 2001-41
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2001-04460, IN PART
OWNER: South Street, LLC
901 East South Street
Anaheim, CA 92805
AGENT: Brian Van Patten
HPA INC
4931 Birch Street
Newport Beach, CA 92660
LOCATION: 901 East South Street
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: November 1, 2001
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 waivers of the following to permit and retain the existing accessory
outdoor storage of trucks and trailers and a 6-foot high wrought iron fence within the
required front yard setback of an industrial property in the ML (Limited Industrial) Zone:
(a) Sections 18.06.050.030.031 - Minimum number of parking spaces.
18.06.080 (592 spaces required; 292 spaces proposed and concurred with
18.12.030.110 by the City Traffic and Transportation Manager)
and 18.61.066.050
(b) Sections 18.12.060.090 - Maximum fence height.
18.61.063.010.012 (no fence permitted in front 10-foot setback adjacent to a
and 18.61.064.020 "collector" street and 3-foot high fence permitted between 10 and
25 feet from the street right-of-way;
6-foot high fence existing and proposed immediately adjacent to
South Street)
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 waiver (b), maximum fence height, for the 6-foot high fence was inadvertently
advertised as an 8-foot high fence.
2. That waiver (b) is hereby denied on the basis that the petitioner has not demonstrated
that there are special circumstances applicable to this property which would prohibit the full use and
enjoyment of this industrial facility; that no other fence height waivers have been granted within this ML
zoned area; and that the Code standard does not deprive this property of any privileges enjoyed by other
properties under identical zoning classification in the vicinity.
3. That waiver (a), minimum number of parking spaces, is hereby approved on the basis
that the petitioner submitted a parking study prepared by Katz, Okitsu & Associates, dated July 5, 2001, to
substantiate the requested waiver; and that the City Traffic and Transportation Manager has reviewed the
study and concurs that there will be sufficient parking for the proposed land use.
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4. That no on-street parking is required for the proposed project; and that, as
demonstrated in the parking study, the number of on-site parking spaces proposed for the project is
sufficient to meet the forecast demand based on an analysis of the existing facility.
5. That access to adjacent properties will not be affected by the proposal; and that the
proposed project will not impede vehicular ingress or egress because the project is not expected to result
in increased demand for on-street parking in the vicinity of any driveways or other locations in the vicinity;
and that the sight lines and turning areas for existing the driveways at public streets will be unaffected by
parking for the proposed project.
6. That approval of the parking waiver will not cause an increase in traffic congestion in
the immediate vicinity nor adversely affect any adjoining land uses.
7. That approval of the parking waiver, under the conditions imposed, will not be
detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim.
8. That approval of the parking waiver, 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.
9. That approval of the parking waiver, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use.
10. That approval of the parking waiver, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed 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 Zoning Code).
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2001-04460, in part, subject to the following conditions:
1. That all air conditioning facilities and other roof and ground-mounted mechanical equipment shall be
properly shielded from view from any public right-of-way or adjacent property. Such information shall
be specifically shown on the plans submitted for building permits.
2. That granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of 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
said waiver which shall subject this variance to termination or modification pursuant to the provisions
of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
3. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
4. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic on the adjacent public streets. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and
Transportation Manager prior to installation of such gate.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
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6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602
pertaining to parking standards and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
7. That no "small car" or "compact" parking spaces shall be permitted.
8. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
9. That the proposal shall comply with all signing requirements of the ML (Limited Industrial) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
10. 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 through 3, as conditioned herein; provided, however, that there
shall be no fence in the front ten (10) foot setback adjacent to South Street (a "collector" street) and
that there may be a maximum three (3) foot high fence in the setback area between ten (10) feet and
twenty (25) feet from South Street.
11. That 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 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.
12. That prior to final building and zoning inspections or within a period of one (1) year from the date of
this decision, whichever occurs first, Condition No. 10, above-mentioned, shall be complied with.
13. 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.
14. That within a period of two (2) months from the date of the decision, the six (6) foot high wrought iron
fence shall be removed from the required twenty five (25) foot front setback along South Street.
This decision is made, signed, and entered into the file this 8~' day of November 2001.
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: November 8, 2001-=~~~,_` ~,
Patricia Koral, Word Processing Operator
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
November 21, 2001
Daniel Rosenberg
2300 West Lincoln Avenue
Anaheim, CA 92801
Re: Special Circumstances Waiver No 2001-16 -Approved until December 31, 2001
On November 15, 2001 Annika M. Santalahti, Zoning Administrator, considered and approved your
request for Special Circumstances Waiver No. 2001-16 to permit and retain existing banner signs on
existing steel supporting posts in conjunction with a retail furniture store (Daniel's Furniture) in the
CL(BCC) (Commercial, Limited - Brookhurst Commercial Corridors Overlay) Zone at 2300 West Lincoln
Avenue for the remainder of the calendar year until December 31, 2001. She made the following
findings:
1. That subsections 18.02.055.060.0607 and 18.02.055.060.0608 of the Zoning Code permit
a maximum of four 9-day special event permits (36 days annually) to be issued to commercial businesses
during each calendar year; and that the proposal for the remainder of the calendar year until December
31, 2001.
2. That the Zoning Administrator is authorized to consider special circumstances waivers to
modify the requirements for special event permits, including temporary banners, under subsections
18.02.055.080.0802 and 18.12.085 of the Zoning Code.
3. That Larry Furiani, representing Daniel's Furniture Store, requested this special
circumstances waiver to permit and retain existing banner signs on existing steel supporting posts in
conjunction with the existing retail furniture store through December 31, 2001; that the Anaheim General
Plan Land Use Element designates the property for General Commercial land uses; and that this
property is located within the West Anaheim Commercial Corridors Redevelopment Project Area.
4. That, according to the applicant's agent, the only existing permanent signage on the
property is the name of store on the west-facing wall above the entrance door; and that the requested
yellow banners are hanging on tall reddish columns located north of the building facing Lincoln Avenue.
5. That the 13 banners are in good condition.
6. That there have been some rehabilitation activities underway on the property; and that
the applicant's agent indicated they are considering a permanent sign to replace the existing non-
conforming pole sign at the front of the property along Lincoln Avenue.
7. That this retail building is set back more than 100 feet from Lincoln Avenue and it would
be appropriate for the applicant to develop a permanent sign program for his business to suitably identify
the business in accordance with the city's sign standards and regulations.
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
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Under authority of Sections 18.02.055.080 and 18.12.085 and based on the above findings, the Zoning
Administrator approved Special Circumstances Waiver No. 2001-16 for the herein described special
event, subject to compliance with the following conditions:
1. That the property shall be limited to thirteen (13) banners, as shown on the photograph (Exhibit No.
2), in the area labeled "garden center" on the site plan (Exhibit No. 1); that the maximum size of each
banner shall be thirty six (36) square feet; that the advertising, colors and design of the banners shall
be as shown on Exhibit No. 2; and that the applicant shall maintain the banners in good repair.
2. That the thirteen (13) approved banners shall be permitted until December 31, 2001, and shall be
removed from the property by January 1, 2002.
3. That within a period of nine (9) days from the date of this decision (i.e., by Friday, November 30,
2001), the necessary Special Event Permit(s) shall be obtained from the Zoning Division of the
Planning Department, and the appropriate fees shall be paid.
4. That no other banners, no balloons, no roof-mounted inflatable devices, no portable signs and no
other temporary advertising shall be permitted. Additionally, there shall be no outdoor display or
storage, what-so-ever, of products, and there shall be no tents or outdoor sales, etc. Any violation of
this requirement shall result in the immediate termination of this special circumstances waiver.
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 ten (10) days from the date of this letter or unless members
of the City Council request review of this decision within said 10 days.
If you have any questions, please contact Kevin Bass, Senior Planner, Zoning Division, at 714-765-5139
extension 5625.
Sincerely,
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
November 21, 2001
Arnel Management Company
Attn: Richard Pipette
949 South Coast Drive, Ste. 600
Costa Mesa, CA 92626
Re: Special Circumstances Waiver No. 2001-17 -Approved
On November 15, 2001 Annika M. Santalahti, Zoning Administrator, considered and approved your
request for Special Circumstances Waiver No. 2001-17 to permit awall-mounted temporary banner in
conjunction with an existing 288-unit apartment complex at 2301-2307 East Ball Road (Casa Madrid
Apartments). She made the following findings:
1. That subsections 18.02.055.050 and 18.02.055.060.0607 and 18.02.055.060.0608 of the
Zoning Code permit a maximum of four 9-day special event permits (36 days annually) to be issued during
a calendar year to businesses in commercial zones; and that the proposal is for a banner to be installed for
one (1) month at an apartment complex in the RM-1200 (Residential, Multiple-Family) zone until a new
permanent sign is installed to replace the existing nonconforming free-standing pole sign (which was a
permitted sign under previous sign regulations).
2. That the Zoning Administrator is authorized to consider special circumstances waivers to
modify the requirements for temporary banners in connection with special circumstances waivers under
subsections 18.02.055.080.0802 and 18.12.085 of the Zoning Code.
3. That Rick Pinette, representing the Casa Madrid Apartments, originally requested this
special circumstances waiver to permit a temporary 3-foot by 10-foot banner and balloons for a period of
three months until February 2002; that the banner and balloons would be placed onlabove the existing
freestanding pole sign (56 inches high by 94 inches wide); and that the Anaheim General Plan Land Use
Element designates the property for Medium Density Residential land uses.
4. That this request is approved, in part, to permit one 3-foot by 10-foot banner for a period
of thirty six (36) days or until December 31, 2001, whichever occurs first, on the basis that rehabilitation
activities have been underway at this apartment complex and that the applicant indicated they were
considering a new permanent sign, which would conform with current sign regulations, to replace the
existing non-conforming pole sign at the front of the property a{ong Ball Road (the design and placement
of the new sign is shown on Exhibit No. 2, an informational plan submitted by the petitioner).
Under authority of Sections 18.02.055.080 and 18.12.085 and based on the above findings, the Zoning
Administrator approved Special Circumstances Waiver No. 2001-17 for the following described special
events, subject to compliance with the following conditions:
1. That the property shall be limited to one (1) banner with a maximum area of thirty (30) square feet, as
shown on Exhibit Nos. 1 and 3 (a site plan showing the proposed location of the banner and an
illustration of the banner, which were submitted by the applicant); and that said banner shall be
maintained in good repair.
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
DRUG USE
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2. That there shall be no balloons, no hot-air balloons, no roof-mounted inflatable devices, no portable
signs and no other temporary advertising devices what-so-ever on this property; and that any
violation of this requirement shall result in the immediate termination of this special circumstances
waiver.
3. That the banner shall be removed within a period of thirty six (36) days from the date of installation or
by January 1, 2002, whichever occurs first.
4. That prior to installation of the approved banner, the necessary Special Event Permit(s) shall be
obtained from the Zoning Division of the Planning Department and the appropriate fees shall be paid.
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 ten (10) days from the date of this letter or unless members
of the City Council request review of this decision within said 10 days.
If you have any questions, please contact Dave See, Senior Planner, Zoning Division, at 714-765-5139
extension 5751.
Sincerely,
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j~ c~ Patricia Koral
1 Senior Word Processing Operator
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