Resolution-ZA 2003-25• ~
DECISION NO. ZA 2003-25
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04565
OWNER: Douglas S. Johns
6081 Candle Light Lane
Yorba Linda, CA 92886
AGENT: Glen Coates
1057 East Imperial Hwy, #460
Placentia, CA 92870
LOCATION: 4201 - 4211 East La Palma Avenue
HEARING DATE: June 26, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal,
and no correspondence was received in opposition.
REQUEST: Waiver of the following to establish a dialysis center in Development Area 5
(Commercial Area) of the Northeast Area Specific Plan No. SP 94-1:
Sections 18.06.050.020.021.0211 - Minimum number of parking spaces.
18.06.080 (48 spaces required;
18.12.060.110 18 spaces existing and proposed, and
and 18.110.100.110.1103 concurred with by the City Traffic and
Transportation Manager)
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 a parking analysis of the proposal was prepared, and the based the analysis including
surveys conducted at the subject site and the description of how the proposed business operates, the City
Traffic and Transportation Manager recommended approval of this request.
2. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for the proposed use than the number of such spaces necessary to accommodate alt
vehicles attributable to the use under the normal and reasonably foreseeable conditions of operation of the
use.
3. That the 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 because, according
to the parking analysis prepared for the dialysis center at this site, only 13 of the 18 on-site parking spaces
will be utilized at any one time.
4. That the 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 Anaheim Municipal Code).
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the proposed use because only 72% of parking area will be
utilized during peak hours of the proposed dialysis center.
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6. That the waiver, 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 proposed use.
7. That granting the parking waiver, under the conditions imposed, will not cause an increase
in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses.
8. That granting 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning
Administrator has reviewed the proposal for waiver of minimum number of parking spaces to establish a
dialysis center in Development Area 5 (Commercial Area) of the Northeast Area Specific Plan No. SP 94-
1, on arectangularly-shaped 0.51-acre property located at the northeast corner of La Palma Avenue and
Richfield Road, having frontages of 150 feet on the north side of La Palma Avenue and 150 feet on the
east side of Richfield Road, and further described as 4201 - 4211 East La Palma Avenue; and does
hereby approve the Negative Declaration 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, l do hereby determine to approve Variance No.
2003-04565, subject to the following conditions:
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.
2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
3. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and as required by the Maintenance Division.
4. That trash storage area(s) shall be refurbished to comply with approved plans on file with the Public
Works Department.
5. That any barbed wire/razor wire located on the subject property which is visible to the public rights-of-
way (La Palma Avenue or Richfield Road) shall be removed.
6. 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.
That granting of this parking waiver is contingent upon operation of the proposed use in conformance
with the assumptions and/or conclusions relating to the operation and intensity of use as contained in
the parking letter 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
letter, 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 Municipal Code.
8. 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 and 2, and as conditioned herein.
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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 3, 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 Nos. 4, 5 and 8, above-mentioned, shall
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 3`d day of July, 2003.
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Annika M. Santalahti, Zoning Administrator
NOTICE: This decision shalt 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: July 3, 2003
nielle Masciel, ord ocessing Operator
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