Resolution-ZA 2003-24• •
DECISION NO. ZA 2003-24
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04564
OWNER: Sterling Properties, LLC
3110 East Miraloma Avenue
Anaheim, CA 92806
AGENT: Ron Hagino
Archeion Nevada
1747 South Douglass Road, Suite B
Anaheim, CA 92806
LOCATION: 3100- 3110 East Miraloma Avenue
CEQA STATUS: Categorically Exempt, Class 32
HEARING DATE: June 26, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
that no correspondence in opposition was received.
REQUEST: Waivers of the following to construct atwo-story office building in Development Area 5
(Commercial Area) of the Northeast Area Specific Plan No. 94-1:
(a) Sections 18.04.060.050 - Minimum parking lot landscaping.
18.12.060.050 (Five landscaped breaks required between every group of
and 18.110.090 10 parking spaces; two landscaped breaks proposed)
(b) Sections 18.12.060.070 - Maximum floor area ratio (FART.
and 18.110.100.080.0803 (0.25 permitted; 0.38 proposed)
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 waivers (a) and (b), minimum parking lot landscaping and maximum floor area ratio, are
hereby approved because there is a special circumstance applicable to the property consisting of its location,
which does not apply to other identically zoned properties in the vicinity, because the property is divided into
two separate zoning classifications (Development Areas 2 (Expanded Industrial) and 5 (Commercial Area) of
the Northeast Area Specific Plan) with the more restrictive zone (Development Area 5) being applicable to the
smaller portion on which the proposed 2-story office building will be constructed.
2. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity because the proposal exceeds the total
landscaping requirement for the property in order to compensate for the lesser number of landscaped breaks
in the parking lot, as discussed in paragraphs (15) and (16) of the Staff Report to the Zoning Administrator
dated June 26, 2003.
Based on the evidence and testimony presented to me, l do hereby determine to approve Variance No. 2003-
04564, subject to the following conditions:
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1. That a total of three (3), twenty four (24) inch box sized, Crape Myrtle trees shall be planted by the
property owner within the public right-of-way adjacent to Miraloma Avenue and Kraemer Boulevard, as
required by the Urban Forestry Division of the Community Services Department.
2. That a three (3) foot high shrub screen shall be planted within the required front setbacks parallel to
Miraloma Avenue and Kraemer Boulevard. Said information shall be specifically shown on the plans
submitted for building permits.
3. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
the plans submitted for building permits. Said plans shall also identify the specific screening treatment
of each device for existing and proposed devices (i.e., landscape screening, color of walls, materials,
identifiers, access points, etc.), and that said plans shall be subject to review and approval by the
appropriate City departments.
4. That because this project has a landscaping areas exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water
Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. Said
information shall be specifically shown on the plans submitted for building permits.
5. That all requests for new water services or fire lines, as well as any modification, relocation or
abandonment of existing water services and/or fire lines, shall be coordinated through the Water
Engineering Division of the Public Utilities Department.
6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement
across the property to be determined as electrical design is completed. Said easement shall be
submitted to the City of Anaheim prior to connection of electrical service.
7. That any required relocation of City of Anaheim electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be
shown on the plans submitted for building permits.
8. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses.
9. That no `compact' or `small car' parking spaces shall be permitted.
10. 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, 601 and 602
pertaining to parking standards and driveway locations. Subject property shall be developed and
maintained in conformance with the approved plans.
11. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with
said Department. Said storage area(s) shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from
graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on
maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the
plans submitted for building permits.
12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division, for review and approval.
13. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building
permits.
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14. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section
18.110.100.030.0307 pertaining to the roof-mounted mechanical/utility equipment in Development Area
5 of the Northeast Area Specific Plan No. SP 94-1. Such information shall be specifically shown on the
plans submitted for building permits.
15. That three (3) foot high street address numbers shall be displayed on the building roof in a contrasting
color to the roof material. The numbers shall not be visible to the adjacent streets or properties.
16. That the landscape planters shall be permanently maintained with live and healthy plants.
17. 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.
18. That additional building floor area shall not be permitted, including additional mezzanine space in the
warehouse building, unless a variance for an increase in the floor area ratio (FAR) and the minimum
number parking is requested by the petitioner and considered by the Planning Commission or Zoning
Administrator at a noticed public hearing, and approved.
19. 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 through 5, and as conditioned herein.
20. 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. 2, 3, 4, 6, 7, 10, 11, 12, 13, 14 and 19,
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.
21. That prior to final building and zoning inspections, Condition Nos. 1, 15 and 19, above-mentioned, shall
be complied with.
22. 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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222 2
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, 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
anielle Mas ~ or Processing Operator
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