Resolution-ZA 1995-21• •
DECISION NO. ZA 95-21
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4277
OWNER: Sundor Brands Inc.
Attention:. Tax Division
P.O. Box 599
Cincinnati, Ohio 45201
AGENT:. John C. Oswalt
1230 North Tustin Avenue
Anaheim, CA 92807
LOCATION: 1230 North Tustin Avenue
CEQA STATUS: Negative Declaration
HEARING DATE: August 31, 1995
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition .was received.
SUPPORT: One person appeared at the public hearing in support of project.
REQUEST: Petitioner requests waiver of the following to construct four new buildings at an existing
industrial complex:
Sections 18.06.050.020.0212 - Minimum number of_parking spaces.
18.06.050.030..031 334 required; 200 proposed)
18.06.080
18.12.060.110
and 18.61.066.050
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 approval of the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the approved use than the number of such spaces necessary to
accommodate. all vehicles attributable to the underlying use under the normal and reasonably
foreseeable conditions of operation of said use; and that the City Traffic and Transportation
Manager has determined that adequate parking exists for the proposed use based on information
contained in the submitted parking demand study prepared by an independent State-licensed traffic
engineer;
2. 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 the
subject remodeling and modernization of the manufacturing plant will become less labor intensive;
and that there is a single business tenant;
3. That the waiver, under the condftions imposed, will not increase the demand and competition for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which
za-V4277.wp - 1 of 2 - ZA 95-21
•
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) because the proposed facility will provide
parking spaces in excess of the requirement for each work shift;
4. That the waiver, under the conditions imposed, will not increase traffic congestion, noise, air
pollution, or traffic circulation conflicts, within the off-street parking areas or lots provided for the
approved use; and
5. That the waiver, under the conditions imposed, will not increase traffic congestion, noise, air
pollution, or impede vehicular ingress to or egress from adjacent properties, .upon the public streets
in the immediate vicin'dy of the proposed use.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal for a parking waiver to expand an existing industrial complex on an irregularly-shaped parcel of
land consisting of approximately 7.2 acres, having a frontage of approximately 500 feet on the east side of
Tustin Avenue and a maximum depth of approximately 867 feet, being located approximately 1,050 feet
south ofi the centerline of Miraloma Avenue, and further described as 1230 North Tustin 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, i do hereby determine to approve Variance No.
4277, subject to the following conditions:
1. That the property owner/developer shall ubmit a Final Soils Report to the Planning Department as
proof that they. have complied with all of the proper County, State and Federal regulations regarding
the remediation of the contaminated soil.
2. That the appropriate fees due for water service shall be paid to the Water Engineering Division in
accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations.
3. That the water back flow equipment and any other large water system equipment (any water meter
upgrade) shall be installed to the satisfaction of the Water Engineering Division in either (a)
underground vaults or (b) behind the street building setback area, in a manner fully screened from
all public streets and alleys.
4. That the legal owner of the subject property shall irrevocably offer to dedicate to the City of
Anaheim an easement for water service mains, as required by the Water Engineering Division.
5. That landscaping shall be installed to screen any above-ground large domestic water meters from
public street view and shall be indicated on the final plans for building permit.
6. That the developer shall submit a water quality management plan (WQMP) specifically identifying
best management practices that will be used on site to control predicable pollutants from
stormwater runoff. The WQMP shall be submitted to the Public Works Department, Development
Services Division for review and approval.
7. That prior to issuance of a .building permit or within a period of ninety (90) days from the date of
this decision, the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an
amount established by City Council resolution.
8. That the developer shall pay a traffic and transportation improvement fee to the City of Anaheim,
Traffic Engineering Division, in an amount established by the City Council resolution. This fee will
za-V4277.wp - 2 of 2 - ZA 95-21
be used to fund traffic and transportation improvements within this area impacted by this project.
Said fee shall be subject to adjustment by the City Council
9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway location. Subject property shall thereupon
be developed and maintained in conformance wRh said plans.
10. That all driveways on Tustin Avenue shall be constructed and/or reconstructed with ten (10) foot
radius curb returns as required by the City Engineer in conformance with Engineering Standard No.
137.
11. That the developer shall comply with Chapter 14.60 'Transportation Demand" of the Anaheim
Municipal Code pertaining to Transportation Demand Management (TDM).
12. 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 F~chibit Nos. 1, 2 and 3.
13. 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, 2, 4, 5, 6, 8 and 9, 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.
14. That prior to #inal building and zoning inspections, Condition Nos. 3, 10 and 12, above-mentioned,
shall be complied with.
15. 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 7th day of .September 1995.
l,~l~~., ~G' /mil
Annika M. antalahti
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 davs 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: September 7, 1995
Betty Preston
Sr. Office Specialist
za-V4277.wp - 3 of 2 - ZA 95-21