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Resolution-ZA 2005-26 DECISION NO. ZA 2005-26 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2005-04666 OWNER: NNRSV II, LLC 21580 Yorba Linda Boulevard #202 Yorba Linda, CA 92887 AGENT: GPA, INC. David Glassman 1309 Post Avenue Torrance, CA 90501 LOCATION: 8245 and 8295 East Monte Vista Road -Property consisting of 1.74 acres on the north side of Monte Vista Road between Old Springs Road and Weir Canyon Road. CEQA STATUS: CEQA Negative Declaration HEARING DATE: October 27, 2005 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 permit a new coffee shop in a 18,238 square foot commercial retail center in the C-G(SC) (General Commercial-Scenic Corridor Overlay) Zone: Sections 18.42.040.010 - Minimum number of parking spaces. and 18.74.040.020.0213 (130 spaces required; 106 spaces proposed) Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.74.040 (Approval Authority), 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 two commercial buildings are under construction on this property; that the Anaheim General Plan Land Use Element designates this site and adjacent properties to the north for Low Intensity Office land uses and the properties to the south, east and west for Open Space and Low Medium Density Residential land uses. 2. That a parking study, prepared and submitted by an independent traffic engineer, was reviewed and approved by the city's independent traffic and parking consultant acting on behalf of the City Traffic and Transportation Manager; and that the findings of said study were based on a survey of comparable businesses in Anaheim during morning and afternoon peak hours, and that the proposed number of parking spaces was determined to be adequate to support the number of employees and customers for this use and other uses on this commercial site. 3. That the parking waiver will not, under the conditions imposed, cause fewer off-street parking spaces to be provided for the uses on the property than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of the uses. 4. That the parking waiver will not, under the conditions imposed, increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. ZAdec2005-26.doc - 1 of 3 - ZA 2005-26 • • 5. That the parking waiver will not, under the conditions imposed, increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 6. That the parking waiver will not, under the conditions imposed, increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 7. That the parking waiver will not, under the conditions imposed, impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. 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 all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2005-04666, subject to the following conditions: 1. That in order to better distribute parking throughout the entire integrated commercial retail center, that employees for the medical office building (Building A at west end) shall park in their vehicles in the parking lot between Buildings A and B to provide more accessible parking for customers of the medical office building. 2. That the granting of this parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of the 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 this waiver which shall subject this permit to termination or modification pursuant to the provisions of Section 18.60.200 (City-initiated Revocation or Modification of Permits) of the Anaheim Municipal Code 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 a period of one (1) year from the date of this decision, the appropriate permits shall be obtained from the Building Division for the approved use. 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. 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, regulations, or requirement. ZAdec2005-26.doc - 2 of 3 - ZA 2005-26 • This decision is made, signed, and entered into the file this 3`d day of November 2005. ti ~ , ~ ~~ 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 fifteen (15) days of the date of the signing of this decision or unless members of the City Council request to review this decision within twelve (12) days from the date of signing. 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. G` DATE: MAILING DATE: November 3, 2005 ~~ at Chandler, Senior Secretary ZAdec2005-26.doc - 3 of 3 - ZA 2005-26 City of A>~eim PLANNING DEPARTMENT wwva.~naheim.net November 17, 2005 Susan D. Snell 1051 S. Pine Canyon Circle Anaheim, CA 92807 Evonne Morton All Pro Remodeling 31621 Peppertree Bend San Juan Capistrano, CA 92675 Subject: Administrative Adjustment No. 2005-280 -Waiver of the minimum rear yard setback (15 feet required; 12 feet proposed) to construct a second story balcony to the rear of asingle-family residence in the RS-3 (SC) (Residential Single- Family, Scenic Corridor Overlay) Zone at 1051 South Pine Canyon Circle. Following the public notice for Administrative Adjustment No. 2005-280 for waiver of the minimum rear yard setback, it was determined that the requested 12-foot setback for the proposed balcony in the RS-3 (Single-Family Residential) Zone is permitted by the Zoning Code under the following sections: Sections 18 04 100 010 0101 and 18.04.100.040 of Chapter 18.04 (Single-Family Residential Zones) and Table 4-J (Permitted Encroachments for Accessory Uses/Structures) Maximum 4-foot deep encroachment permitted into the required 15-foot rear yard setback; 3-foot deep encroachment proposed. Section 18.04.100.040.0401 Maximum 240 square foot encroachment permitted into the required 15-foot rear yard setback; approximately 70 square foot encroachment proposed. On the basis of the proposed balcony complying with the Zoning Code requirements regarding permitted encroachments into the required rear yard setback and as shown on the submitted site plan and floor plan, it has been determined by the Zoning Administrator, Annika M. Santalahti, that an administrative adjustment is unnecessary and that no further action is deemed necessary other than the applicant obtaining the appropriate permit(s) for the proposed balcony from the City of Anaheim Planning Department, Building Division. Sincerely, d '' Pat Chandler, Senior Secretary H:~ZAdec2005Wdj2005-00280. doc 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714) 765-5139