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Resolution-ZA 2004-09• • DECISION NO. ZA 2004-9 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2004-04598 OWNER: Miguel Estevez 180 South Lakeview Drive Anaheim, CA 92807 AGENT: G. Bart Stryker 1450 North Tustin Avenue, Suite 200 Santa Ana, CA 92705 LOCATION: 180 South Lakeview Drive CEQA STATUS: CEQA Categorical Exemption, Class 3 HEARING DATE: March 4, 2004 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 construct a 6-foot high combination block wall and wrought iron fence in the required front setback of an existing single-family residence in the RS-HS-43,000(SC) (Residential, Single-Family Hillside -Scenic Corridor Overlay) Zone: Sections 18.04.043.100.101(a) - Maximum fence height. 18.12.060.090 (3-foot high fence permitted in the minimum 15-foot setback along 18.22.063.010 Lakeview Drive; and 18.22.064.070 6-foot high fence proposed at the front properly fine) Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040 (Authority and Duties), to decide the above-referenced petition and a public hearing having been duly noticed for and held oh the date set forth above, I do hereby find; 1. That there is a specia{ circumstance applicable to the property consisting of its topography (a steep slope in the rear yard) which reduces the usable outdoor recreation and leisure area on the parcel and which does not apply to other identically zoned properties in the vicinity. 2. That nine homes in the immediate vicinity of this property and additional homes throughout the neighborhood in general are improved with similar fences (as described in paragraph (11) of the Staff Report to the Zoning Administrator dated March 4, 2004 and as shown on the photographs submitted by the petitioner) and, therefore, strict application of the Zoning Code would deprive this property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 3. That the proposed front yard fence, including the required landscaping, will be compatible with the overall character of the surrounding Peralta Hills neighborhood. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2004-04598, subject to the following conditions: 1. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval, showing that the fence location, including at the two (2) driveway entrances, conforms with Engineering Standard No. 137 pertaining to sight visibility to and from Lakeview Drive, and sight distance visibility along Lakeview Drive. ZA2004-09.doc -1 of 2 - ZA2004-9 • • 2. That the petitioner shall plant clinging vines on maximum five (5) foot centers along the combination block wall and wrought iron fence to minimize its visual impact on the neighborhood. 3. 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 and 2, and as conditioned. herein. 4. That within one (1 }year from the date of this Decision or prior to issuance of a permit by the Building Division for the fence, whichever occurs first, Condition Nos. 1 and 6(a), herein-mentioned, shall be complied with.. Extensiohs for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 5. 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. 6. (a) That a plan shall be submitted to the Public Works Department, Subdivision Section, for review and approval, specifying and showing that the street right-of-way between the approved fence and the paved portion of Lakeview Drive shall be landscaped with groundcover, shrubs and/or similar plants, and/or graveled, and/or covered and maintained with wood chips, or some combination thereof. Said plan shall include the landscaping required by Condition No. 2, above- mentioned. Additionally, if pavement is proposed to connect the driveway with the paved portion of Lakeview Drive, such pavement shall be shown on the plan. Following approval by the Subdivision Section, the approved plan shall be submitted to the Zoning Division for inclusion in the Variance No, 2004-04598 file. (b) That following approval of the plan and submittal to the Zoning Division, said landscaping and/or gravel and/or wood ships and/or paving shall be installed and properly maintained thereafter. 7. That within (6) months after a permit is issued by the Building Division for the fence or prior to final building and zoning inspections of the approved fence and the required landscaping, whichever occurs first, Condition Nos. 2, 3 and 6(b), above-mentioned shall be complied with. This decision is made, signed, and entered into the file this 11"' day of March, 2004. 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, l 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: March 11, 2004 ielle C. Mas iel Wo d Processing Operator ZA2004-09.doc - 2 of 2 - ZA2004-9 City of An~eim PLANNING DEPARTMENT April 8, 2004 Daniel Rosenberg 255 South Euclid Street Anaheim, CA 92802 Re: SPECIAL CIRCUMSTANCE WAIVER NO. 2004-00025 -Approved On April 1, 2004, Annika M: Santalahti, Zoning Administrator, considered your request for waiver of special event permit requirements to permit banners mounted on light poles in the parking lot and other temporary signage, tethered inflatable devices, atent/canopy, and entertainment events in conjunction with a grand opening for a retail furniture store in the CL (Commercial Limited} Zone for nine (9) months during calendar year 2004. The property is located at 255 South Euclid Street (Daniel's Furniture). She made the following findings: .. 1. That Daniel Rosenberg, President, representing Mega Daniel's Home Center, submitted a letter requesting this Special Circumstances Waiver and describing the proposed special event activities and temporary advertising devices such as banners and tethered balloons and inflatable devices, including that it be permitted for a total of nine consecutive months for the remainder of the year through December 31, 200.4.. 2. That approval. of special circumstances waivers (allowing modification and/or waiver of regulations pertaining to special events) is authorized under subsection 18.02.055.080 (Zoning Administrator Review (of Special Events Permits)) and Section 18.12.085 (Special EventPermit -Review) of the Anaheim Municipal Code. 3. That the property is developed with a retail furniture store and a drug. store in the CL (Commercial Limited) zone. 4. That tfUS specific request is for waiver of subsections 18.02.055.060.0607 and 18.02.055.060.0608 which allow four special event permits during a calendar year with each permit not to exceed nine days for a total of 36 days annually; and that the subject business was issued four consecutive special event permits on March 11, 2004, which will expire on April 15, 2004. 5. That at the public meeting, the agent for the applicant described the reasons for requesting such an extended period of time for grand opening activities; the various delays which have occurred in connection with relocating this business from its previous location on West Lincoln Avenue, and the times of year when sales may peak (for example, during the week following the 4th of July holiday). 6. That based on the agent's explanations as well as modifications to the proposal discussed during the public meeting, the Zoning Administrator approved a Special Circumstances Waiver for the following: • That the special grand opening event, including banners, atent/canopy and other outdoor activities,-shall be permitted for a total four (4) month period ending on July 15, 2004; and www.anaheim.net 200 South Anaheim Boulevard P.Q. Box 3222 Anaheim, California 92803 TEL (714)765-5139 Page 1 • • • That the permitted temporary signage shall limited to double banners on six (6) light fixtures in the parking lot (i.e., two banners on each side of those light fixtures) as illustrated on the photographs (labeled Exhibit Nos. 2 and 3) submitted by the applicant; and • That the tent/canopy, approximately thirty (30) feet by thirty (30) feet in area, shall be permitted in the parking lot as illustrated on the Sate Plan (Exhibit No. 1) submitted by the applicant; and • That events which may take puce in, or in the vicinity of, the tent/canopy may include an "inflatable jumper" for children, outdoor display of products sold on the premises, food services, entertainment, and such other activities as may be approved by the City. 7. That this approval, as conditioned. herein, will have negligible impact on the parking lot and circulation, as well as the streets and highways in the area which are equipped to handle large traffic flows. -. 8. That the approved outdoor activities, as conditioned herein, will not adversely of#ect the adjoining land uses and the growth and development of the area. 9. That approval of this Special Circumstances Waiver, under the conditions imposed, serves the public interest and general welfare. Under authority of subsection 18.02.055.080 and Section 18.12.085 of the Anaheim Municipal Code, the Zoning Administrator approved Special Circumstances Waiver No. 2004- 00025, subject to compliance with the following conditions: That the approved special grand opening event activities are described in Finding No. 6, above. 2. That this Special Circumstances Waiver shall expire on Juiy 15, 2004. 3. That standard identification and price signs may be posted in connection with outdoor displays where clearly intended to be read only by pedestrians in and about the parking lot, and entering or leaving the store. 4. That the approved banners, the tent/canopy, any outdoor display, and the parking lot shall be properly maintained in a clean, safe and attractive condition. That the appropriate Special Event Permit (or Permits) shall be obtained from the Zoning Division. for the accessory outdoor banners, displays and other activities; and that the appropriate. fees shall be paid for the entir,~ four (4) month period; and , if necessary, the applicant may revise such Permit(s) if additional activities are proposed which comply with the intent of this approval. 6. That there shall be no balloons (other than individual balloons for children) or other inflatable devices tethered on this property; and that there shall be no banners. or other temporary advertising attached to the commercial building or the tent/canopy. 7. That at no time shall any activity in connection with this Special Circumstances Waiver adversely impactor interfere with the safe movement of pedestrians, automobiles and trucks across the parking lot. Page 2 M • 8. That violation of any of the conditions herein, or any other elements of this Special Circumstances Waiver, may result in its immediate termination. 9. 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 (Site Plan), 2 (photographic detail of a banner) and 3 {photograph of two banners on a light fixture), and as conditioned herein. 10. That approval of this application constitutes approval of the 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 Sincerely, `tea. ~,~ ~-~1 ~ C . ~(.as ci e~ Danielle G. Masciel, Word Processing Operator Anaheim City Zoning Administration SCW2004,00025.doc C Page 3 City of A~neim • PLANNING DEPARTMENT www.anaheim.net April 8, 2004 Daniel Rosenberg 255 South EucNd Street Anaheim, CA 92802 Re: SPECIAL CIRCUMSTANCE WAIVER NO. 2004-00025 -Approved Oh April 1, 2004, Annika M. Santalahti, Zoning Administrator, considered your request for waiver of special event permit requirements to permit banners mounted on light poles in the parking lot and other temporary signage, tethered inflatable devices, atent/canopy, and entertainment events in conjunction with a grand opening for a retail furniture store in the CL (Commercial Limited) Zone for nine (9) months during calendar year 2004. The property is located at 255 South Euclid .Street (Daniel's Furniture). She made the following findings: . _ 1. That Daniel Rosenberg., President, representing Mega Daniel's Home Center, submitted a letter requesting this Special CircumstancesWaiver and describing the proposed special event activities and temporary advertising devices such as banners and tethered balloons and inflatable devices, including that it be permitted for a total of nine consecutive months for the remainder of the year through December 31, 2004... 2. That approval of special circumstances waivers (allowing modification and/or waiver of regulations pertaining to special events} is authorized under subsection 18.02.055.080 (Zoning Administrator Review (of Special Events Permits}) and Section 18.12.085 (Special Event Permit -Review} of the Anaheim Municipal Code. 3. That the property is developed with a retail furniture store and a drug store in the CL (Commercial Limited) zone. 4. That tt~;s specific request is for waiver of subsections 18.02.055.060.0607 and 18.02.055.060.0608 which allow four special event permits during a calendar year with each permit not to exceed nine days for a total of 36 days annually; and that the .subject business was issued four consecutive special event permits on March 11, 2004, which will expire on April 15, 2004. 5. That at the public meeting, the agent for the applicant described the reasons for requesting such an extended period of time for grand opening activities, the various delays which have occurred in connection with relocating this business from its previous location on West Lincoln Avenue, and the times of year when sales may peak (for example, during the week following the 4th of July holiday). 6. That based on the agent's explanations as well as modifications to the proposal discussed during the public meeting, the Zoning Administrator approved a Special Circumstances Waiver for the following: • That the special grand opening event, including banners, atent/canopy and other outdoor activities, shall be permitted for a total four (4) month period ending on Juiy 15, 2004; and 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 Page 1 • • • 'That the permitted temporary signage shat{ limited to double banners on six (6) light fixtures in the parking lot (i.e., two banners on each side of those light fixtures) as illustrated on the photographs (labeled Exhibit Nos. 2 and 3) submitted by the applicant; and • That the tent/canopy, approximately thirty (30) feet by thirty (30) feet in area, shall be permitted in the parking lot as illustrated on the S:se Plan (Exhibit No. 1) submitted by the applicant; and • That events which may take place in, or in the vicinity of, the tent/canopy may include an "inflatable jumper" for children; outdoor display of products -sold on the premises, food services, entertainment, and,such other activities as may be approved by the City. 7. That this approval, as conditioned herein, will have negligible impact on the parking lot and circulation, as well as the streets and highways in the area which are equipped to handle large traffic flows. 8. That the approved outdoor activities, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area. 9. That approval of this Special Circumstances Waiver, under the conditions imposed, serves the public interest and general welfare. Under authority of subsection 18.02.055.080 and Section 18.12.085 of the Anaheim Municipal. Code, the Zoning Administrator approved .Special Circumstances Waiver No. 2004- 00025, subject to compliance with the following conditions: That the approved special grand opening event activities are described in Finding No. 6, above. 2. That this Special Circumstances Waiver shalt expire on ,luly 15, 2004. 3. That standard identification and price signs may be posted in connection with outdoor displays where clearly intended to be read only by pedestrians in and about the parking lot, and entering or leaving the store. 4. That the approved banners, the tent/canopy, any outdoor display, and the parking lot shall be properly maintained in a clean, safe and attractive condition. 5. That the appropriate Special Event Permit (or Permits) shall be obtained from the Zoning Division for the accessory outdoor banners, .displays and other activities; and that the appropriate fees shall be paid for the entire four (4) month period; ~ and , if necessary, the applicant may revise such Permit(s) if additional activities are proposed which comply with the intent of this approval 6. That there shall be no balloons (other than individual balloons for children) or other inflatable devices tethered on this property; and that there shall be no banners or other temporary advertising attached to the commercial building or the tent/cahopy. 7. That at no time shall any activity in connection with. this Special Circumstances Waiver adversely impact or interfere with'the safe movement of pedestrians, automobiles and trucks across the parking lot. Page 2 • • 8. That violation of any of the conditions herein, or any other elements of this Special Circumstances Waiver, may result in its immediate termination. 9. 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 (Site Plan), 2 (photographic detail of a banner) and 3 (photograph of two banners on a light fixture), and as conditioned herein. 10. That approval of this application constitutes approval of the 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. Sincerely, Via. ~,~ ~G1 e._- C . Las ci ~( Danielle C. Masciel, Word Processing Operator ~ ~. Anaheim City Zoning Administration SCW2004-00025.doc ~, Page 3