Resolution-ZA 2005-01• .
DECISION NO. ZA 2005-1
A DECISION OF THE ZONING ADMINISTRATOR
GRANTING ADMINISTRATIVE ADJUSTMENT NO. 2004-00272
OWNER: Baghdo Khojikian
1754 W. Sallie Lane
Anaheim, CA 92804
LOCATION: 915 North Magle Street
CEQA STATUS: Categorically Exempt, Class 1
DATE NOTICES MAILED: December 28, 2004
REQUEST: Waiver of the following to construct a detached single-family residence in the RS-2
(Single-Family Residential)-- Zone:
(a) Sections 18.04.100.010.0103 - Minimum front yard setback.
18.60.020.020.0203 (25 feet required between garage door and front property line,
18.74.040.020.0212 23 feet proposed to the garage door; and
and 18.74.040.020.0205 17 to 23 feet required between dwelling and front property line,
16 feet proposed to three corners of the dwelling)
(b) Sections 18.04.100.010.0101 - Minimum rear yard setback.
18.60.020.020.0203 (10 feet required; 8 feet proposed)
and 18.74.040.020.0205
DETERMINATION OF THE ZONING ADMINISTRATOR
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
Administrative Adjustment, and subject petition having been duly noticed and no written objections having
been received, I do hereby find, pursuant to Section 18.62.040 (Administrative Adjustments) of the
Anaheim Municipal Code:
1. That the request is hereby granted in accordance with subsection 18.62.040.020 (Types of
Administrative Adjustments) of the Anaheim Municipal Code which permits waivers of required front and
rear yard setbacks in connection with administrative adjustments when the maximum deviation from the
Code requirement does not exceed 20%.
2. That no written opposition was received during the required 10-day notification period, which
ended on Friday, January 7, 2005.
Based on the evidence presented to me, I do hereby determine to grant Administrative Adjustment No.
2004-00272, subject to the following conditions:
That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plan is on file with the Planning
Department marked Exhibit No. 1.
2. That within a period of one (1) year from the date of this Decision, the applicant shall obtain building
permits for the approved new dwelling. Extensions for further time to complete this condition may be
granted in accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of
Approval) of the Anaheim Municipal Code.
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3. 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 13`h day of January, 2005.
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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 request to review this Decision within 12 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 State Mail, a copy of the Decision to the applicant and did forward
a copy to the City Clerk.
DATED: January 13, 2005
,' ~
~~
nielle C. M ~el, ord Processing Operator
ZA\decision\za2005-01.doc - 2 of 2 - ZA2005-1
City of ~heim
PLANNING DEPARTMENT
March 24, 2005
Ganlaon, Inc.
887 South Anaheim Boulevard
Anaheim, CA 92805
Re: Amendment to Special Circumstances Waiver No. 2004-00028 -APPROVED
On March 17, 2005, Annika M. Santalahti, Zoning Administrator, considered your request to
amend the previously-approved Special Circumstances Waiver which permits certain outdoor
events in conjunction with an existing restaurant (Anaheim White House) at 887 South Anaheim
Boulevard. She made the following findings:
1. That Special Circumstances Waiver No. 2004-00028 was approved on January 20,
2005 to permit occasional outdoor charity events during the one-year period of time from January
31, 2005 through January 31, 2006; and that Conditions of Approval Nos. 2 and 3 specify
addressed "charitable" outdoor events.
2. That Bruno Serato, owner of the White House Restaurant, has submitted a letter
requesting that this special circumstances waiver be amended to permit outdoor events such as
private banquets in addition to outdoor charitable events, including a 40-foot by 40-foot tent
structure as discussed in the Staff Report to the Zoning Administrator dated March 17, 2005.
3. That the proposed amendment to this special circumstances waiver is consistent with
the original approval, and will not have an impact on adjacent and surrounding and uses that is
different from the original approval, or on the growth and development of the area in which it is
located.
4. That amendment of this special circumstances waiver will serve the public interest and
general welfare.
The Zoning Administrator amended Special Circumstances Waiver No. 2004-00028, as
requested including modifying the time period to allow such events for two (2) years (from March
17, 2005 through March 17, 2007), subject to compliance with the following re-stated conditions:
1
(a) That no hot-air balloons or roof-mounted and other tethered inflatable devices shall be
permitted.
(b) That no banners, flags, pennants or other temporary devices, or other advertising that
is directed, or otherwise visible, to the adjacent and nearby public streets shall be
permitted.
Violation of this condition may result in the immediate termination of this Special
Circumstances Waiver.
vd~r~vd.anaheim.net
2. That in order to accommodate the increase in parking demand during the private outdoor
banquet events, a valet parking service shall be provided. The valet service may include
the use of off-site overflow parking lots and tandem parking in the rear parking lot area.
3. (a) That a quarterly tentative calendar shall be submitted to the Planning Services
Division, indicating the specific outdoor events that are planned to take place, the
dates and times, and the expected number of attendees. Said calendar shall be
updated, as necessary, to provide the city with accurate information.
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim. California 92803
TEL (714) 765-5139
•
(b) That the appropriate Special Event Permit (or Permits) shall be obtained from the
Planning Department for any outdoor events, including accessory outdoor display
activities; and that the appropriate fees shall be paid for the entire two (2) year period.
4. That this Special Circumstances Waiver, as amended, shall commence on March 17, 2005
and shall expire on March 17, 2007.
5. That due to the adjacent and nearby residential uses, all outdoor activities associated with
any special event shall cease before 10:00 p.m., seven days a week.
6. That a minimum twenty (20) foot wide clearance shall be provided in the main driveway
area at all times.
7. That granting this special circumstances waiver, as amended, is contingent upon operation
of the special events in conformance with the assumptions and/or conclusions relating to
the operation and intensity of use as contained in the submitted parking letter. 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 assumptions which shall subject this special circumstances
waiver to termination or modification of this permit.
8. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file
with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
9. That approval of this special circumstances waiver constitutes approval of the proposal 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.
The decision of the Zoning Administrator shall be final unless appealed to the City Council
pursuant to the provisions of Chapter 18.60 (Procedures). An appeal, including payment of the
appeal fee, shall be filed with the City Clerk within ten (10) days after the date of this letter.
Sincerely,
Pat Chandler, Senior Secretary
Anaheim Zoning Administration
cc: Bruno Serato
h:\decisions\SCW2004-00028-amended.doc
2
City of Ar~iaheim •
PLANNING DEPARTMENT
January 26, 2005
Ganlaon Inc., Corp.
887 South Anaheim Boulevard
Anaheim, CA 92805
Re: SPECIAL CIRCUMSTANCES WAIVER NO. 2004-00028 -Approved for a period of one (1)
year from January 31, 2005 through January 31, 2006.
On January 20, 2005, Annika M. Santalahti, Zoning Administrator, considered your request for
waiver of special event permit requirements to permit occasional outdoor charity events in
conjunction with an existing restaurant at 887 South Anaheim Boulevard. She made the following
findings:
1. That Sylvano ibay, representing the Anaheim White House Restaurant, has
submitted a letter requesting a special circumstances waiver; that the letter with plans and
photographs describes the proposal, which consists of occasional outdoor charity events in the
patio area of a full service restaurant for an indefinite period of time.
2. That approval of special circumstances waivers (to allow modification and/or waiver
of regulations pertaining to special events) is authorized under subsection .060 (Special
Circumstances Waiver) of Section 18.62.050 (Special Event Permits) of Chapter 18.62
(Administrative Reviews) of the Anaheim Municipal Code.
3. That the property is developed with a restaurant (Anaheim White House Restaurant)
in the C-G(SABC) (General Commercial -South Anaheim Boulevard Corridor Overlay} Zone;
and that the Land Use Element of the Anaheim General Plan designates the property for
General Commercial land uses.
4. That this request is for waiver of paragraphs .0301 and .0302 of subsection
18.38.240.030 (Regulations for Conduct of a Special Event) which specify that no special event
shall exceed 9 consecutive calendar days and that no business shall have more than four
special event permits during a calendar year (i.e., 4 special events, each one for a maximum 9
days); and that the proposal is for an indefinite period of time.
5. That under the conditions herein imposed, the proposed outdoor special events in
the patio of the restaurant will have negligible impact on the parking lot and on-site circulation,
and on the adjacent and nearby public streets which are equipped to handle large traffic flows.
6. That approval of this special circumstances waiver serves the public interest and
general welfare; and that, as approved, the proposed outdoor charity events will not adversely
affect the adjoining land uses and the growth and development of the surrounding area.
Based on the foregoing information, the Zoning Administrator approved Special Circumstances
Waiver No. 2004-00028 for the herein described special events commencing on January 31,
2005 and terminating on January 31, 2006, subject to compliance with the following conditions:
(a) That no hot-air balloons or roof-mounted and other tethered inflatable devices shall be
permitted.
(b) That no banners, flags, pennants or other temporary devices, or other advertising that
is directed, or otherwise visible, to the adjacent and nearby public streets shall be
permitted.
v.wv~ anaheim.net
That violation of this condition shall result in the immediate termination of this Special
20~ ~&k~rkr~~~~uNG~~'er.
P.O. Box 3222
scw~4~fl9dAR6~!t~c~803 1 scw2004-00028
TEL (714)765-5139
• •
That in the event the restaurant's parking lot is filled to capacity during any outdoor
charitable event, a valet parking service shall be provided for the safe and efficient
movement and parking of vehicles.
(a) That a tentative calendar shall be submitted to the Planning Services Division
annually, indicating the specific charitable outdoor events that are planned to take
place, the dates and times, and the expected number of attendees. Said calendar
shall be updated, as necessary, to provide the city with accurate information.
(b) That Special Event Permits shall be obtained from the Planning Services Division for
all the events, including payment of the appropriate fees; provided, however, that
such Permits may address more than one (1) consecutive upcoming event (i.e., a
single Special Event Permit may be obtained for all the events during one month or
more). Each Permit shall, to the satisfaction of City staff, accurately describe the
upcoming events. An additional Special Event Permit shall be obtained if additional
event(s) are scheduled during such a month.
4. That this Special Circumstances Waiver shall commence on January 31, 2005 and shall
expire on January 31, 2006.
5. That due to the adjacent and nearby residential uses, all outdoor activities associated with
any special event shall cease before 10:00 p.m., seven days a week.
6. 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.
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.
Sincerely,
` , (~~~
Danielle C. Masciel, Word Processing Operator
Anaheim Zoning Administration
Scw2004-00028dm.doc
cc: Bruno Serato
Anaheim White House Restaurant
887 S. Anaheim Blvd.
Anaheim, CA 92805