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Resolution-ZA 2001-50y s DECISION NO. ZA 2001-50 A DECISION OF THE ZONING ADMINISTRATOR AMENDING THE CONDITIONS OF APPROVAL OF DECISION NO. 2000-41 ADOPTED IN CONNECTION WITH VARIANCE NO. 2000-04412 OWNER: Henry C. Marion, Trustee C/O Gelb Enterprises P.O. Box 8370 Van Nuys, CA 91409 AGENT: Leon Alexander, Esq. 558 South Harbor Blvd. Anaheim, CA 92805 LOCATION: 2424 West Ball Road (Anaheim King Market) HEARING DATE: December 13, 2001, continued from the meetings of November 15 and 29, 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 an amendment to the conditions of approval pertaining to truck parking in order to store one (1) delivery truck on the property in connection with a previously-approved convenience market with waiver of minimum number of parking spaces. 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 on November 2, 2000, Decision No. ZA2000-41 was adopted by the Zoning Administrator to grant Variance No. 2000-04412 (for waiver of minimum number of parking spaces in order to establish a seafood delicatessen and restaurant in conjunction with a commercial retail center); and that said Decision includes the following conditions: "2. That there shall be no commercial truck deliveries after 10:00 a.m. or before 9:00 p.m., seven days a week; and that commercial trucks shall not be parked or stored on subject property except for loading and unloading purposes. 8. (a) That commercial truck loading and unloading areas (for up to three (3) trucks) shall be specifically designated on this commercial property; and that such information, including the location and dimensions of each area, shall be submitted to the City Traffic and Transportation Manager for review and approval prior to issuance of a building permit, and shall then be shown on the plans submitted for building permits; and (b) That, as required by the City Traffic and Transportation Manager, the above- described truck loading and unloading areas shall be clearly designated (striped); and (c) That the truck loading and unloading areas shall not be permitted within sixty five (65) feet of Ball Road (that is, such truck areas shall not be permitted in the two rows of parking spaces closest to Ball Road); and V2001-04412a.doc -1 of 4 - ZA 2001-50 (d) That no trucks shall be parked or stored within sixty five (65) of Ball Road; and that no trucks shall be parked or stored anywhere on subject property for the purpose of advertising this commercial retail center or any of the tenant businesses." 2. That the request is hereby by granted to permit one (1) truck to be parked all day within a designated area screened by a fence and landscaping, and subject to the conditions of approval, as amended herein. 3. That the request, as approved, will not be detrimental to the area, and will benefit the use and appearance of this commercial retail center. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Planning Director or his authorized representative has determined that the proposed project is Categorically Exempt, Class 1, as defrned in the State of California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare an Environmental Impact Report. Based on the evidence and testimony presented to me, I do hereby determine to amend Decision 2001- 41,adopted in connection with Variance No. 2001-04412, to permit one (1) delivery truck to be parked and stored on the property during regular business hours, and to amend the conditions of approval in their entirety to read as follows: 1. That the combined square footage of all food-related uses (restaurants and retail food products) in this commercial retail center shall not exceed fifty percent (50%) of the total square footage of the entire center. 2. That there shall be no commercial truck deliveries after 10:00 a.m. or before 9:00 p.m., seven days a week; and that only one (1) commercial truck shall be permitted to park on subject property, with the exception of temporary loading and unloading of other commercial delivery vehicles. 3. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses, except as otherwise approved herein. 4. That the property owner shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 2332 (to permit on-sale alcoholic beverages in a proposed restaurant, Units K and L), Conditional Use Permit No. 2283 (to permit on-premises sale and consumption of alcoholic beverages in conjunction with meals only in a restaurant, Unit L), and Conditional Use Permit No. 2266 (to permit on-premises sale and consumption of beer and wine in an existing restaurant, Unit Z). 5. That no "compact" or "small car" parking spaces shall be permitted. 6. That granting of the parking waiver, as originally approved in connection with Decision No. ZA2000- 41, is contingent upon operation of the uses 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 sha11 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. V2001-04412a.doc - 2 of 4 - ZA 2001-50 • 7. That the following landscaping improvements shall be made: (a) That a landscaping plan shall be submitted to the Zoning Division for review and approval showing a minimum of two (2) additional trees in the planter along Ball Road; that the species, size and location of each tree shall be shown on the plan; and that the plan shall also show the ten (10) existing trees on the property (species, size and location) and any existing and/or proposed irrigation facilities. The Zoning Division will confer with knowledgeable city staff and/or "Tree Power" to determine the most suitable trees for this property; and (b) That the petitioner and the owner of this commercial property shall confer and work with Planning Department staff (Code Enforcement Division and Zoning Division) and "Tree Power" to determine whether additional trees can be obtained and planted at this property. (c) That the landscaping plan shall also show the nine (9) foot high chain link fence interwoven with natural colored slats to screen the delivery truck parking area, and the landscaping which will be planted on the outside of the fence to further screen the parked truck from Ball Road. 8. (a) That the truck loading and unloading area and the surrounding parking spaces at the west end of the parking area shall be clearly designated (striped), as required by the City Traffic and Transportation Manager; and (b) That the truck loading and unloading area shall not be permitted within sixty five (65) feet of Ball Road (that is, such truck area shall not be permitted in the two (2) rows of parking spaces closest to Ball Road); and (c) That no trucks shall be parked or stored within sixty five (65) of Ball Road; and that no trucks shall be parked or stored anywhere on subject property for the purpose of advertising this commercial retail center or any of the tenant businesses. 9. 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 Nos. 1, 2, and 3, and as conditioned herein, including the planting of at least two (2) new trees in accordance with Condition No. 7, herein. 10. That within a period of two (2) months from the date of this decision, the petitioner shall confer with staff regarding the landscaping, fencing and parking lot paving improvements required under Condition Nos. 7 and 8, herein. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 11. That within a period of six (6) months from the date of this decision, the petitioner shall have complied with Condition Nos. 4, 7, 8 and 9, herein. 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 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. 13. That the outdoor enclosed area shall be for one (1) delivery truck parked during regular business hours for loading and unloading in connection with the Anaheim King Market; that said area shall not be used for outdoor storage; and that advertising shall not be placed on the delivery truck. 14. That one (1) year from date of this Decision, Planning Department staff (Code Enforcement Division and Zoning Division) shall submit a report to the Zoning Administrator under "Reports and Recommendations" indicating the status of this approval for an enclosed loading and unloading area for one (1) delivery truck in connection with the Anaheim King Market, including the landscaping and fence enhancements. V2001-04412a.doc - 3 of 4 - ZA 2001-50 • • This decision is made, signed, and entered into the file this 14th day of December, 2001. ~~ ~~~ w 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: December 14, 2001 Patricia Koral, Senior W d Processing Operator V2001-04412a.doc - 4 of 4 - ZA 2001-50