Resolution-ZA 2004-11
DECISION NO. ZA 2004-11
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2004-04603
OWNER: James Emmi
1009 Dolphin Terrace
Corona Del Mar, CA 92625
AGENT: Jason Johnson
ANACAI. Engineering
1900 East La Palma Avenue
Anaheim, CA 92803
LOCATION:. 1831-1836 North Raymond Avenue and 1100-1115 East Kimberly Avenue
CEQA STATUS: CEQA Negative Declaration
HEARING DATE: April 5, 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 subdivide an existing industrial complex in the ML (Limited
Industrial) Zone:
Sections 18.06.050.030.031 - Minimum number of parking spaces.
18.06.080 (39 spaces required for Parcel 4;
18.12.060.110 33 spaces proposed and concurred with by the City Traffic
and 18.61.066.050 and Transportation Manager)
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 on the date set forth above, I do hereby find:
1. That approval of the parking waiver will not cause fewer off-street parking spaces to be
provided for this industrial complex than the number of such spaces necessary to accommodate all
vehicles attributable to said use under the. normal and reasonably foreseeable conditions of operation of
the use; and that the requested waiver is minimal amounting to only 6 parking spaces less than required
by Code.
2. That the waiver will not increase the demand and competition for parking spaces upon the
public streets in the immediate vicinity of the existing uses; and that the underlying property is developed
with general industrial uses and no additional development is anticipated in connection with the proposed
subdivision.
3. That the waiver will not increase the demand and competition for parking spaces upon
adjacent private property in the immediate vicinity of the existing industrial uses.
4. That the waiver will not increase traffic congestion within the off-street parking areas or lots
provided for the existing industrial uses.
5. That the waiver will not impede vehicular ingress to or egress from adjacent properties upon
the public streets in the immediate vicinity of the existing industrial uses.
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6. That the waiver will not cause an increase in traffic congestion in the immediate vicinity nor
adversely affect any adjoining land uses:
7. That the waiver, under the conditions imposed, will not be detrimental to the peace, health,
safety or general welfare of the citizens of the City of Anaheim.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2004-04603, subject to the following conditions:
That this variance is granted in connection with the approval of Tentative Parcel Map No. 2003-264,
now pending.
2. That any permitted outdoor storage areas shall be screened in accordance with Anaheim Municipal
Code Section 18.04.049.050 (Required Enclosure of Outdoor Uses in industrial zones).
3. That no barbed-wire or razor wire shall be visible to any public right-of-way or any non-industrially
zoned property.
4. That no required parking spaces shall be fenced or otherwise enclosed for storage or other outdoor
uses.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with: the current version of Engineering Standard Plan Nos. 436, 601 and 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
6. That a plan shall be submitted showing truck loading spaces in conformance with Section 18.06.060
(Truck Loading Requirements) of the Anaheim Municipal Code.
7. That trash storage areas shall be provided and maintained in locations acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department, including a single or double trash enclosures for each building. Said storage
areas shall be designed, located and screened so as not to be readily identifiable from adjacent
streets or highways.
8. That the properties 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.
9. 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.
10. That on-site trash truck turn-around area(s) 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(s) shall be specifically shown on plan(s) submitted to
the Streets and. Sanitation Division for review and approval prior to, or in connection with, submittal of
the Final Parcel Map No. 2003-264.
11. That granting the parking waiver is contingent upon operation of the underlying industrial uses in
conformance with the assumptions and/or conclusions relating to the operation and intensity of use
as contained in the parking demand letter 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 letter, shall be deemed a violation of the expressed
conditionsimposed upon this variance which shall subject this variance to termination or modification
pursuant to the provisions of Sections 18.03A91 (Termination or Modification of Amendments,
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Conditional Use Permits or Variances -Procedures} and 18.03.092 (Termination or Modification of
Conditional Use Permits or Variances -Grounds) of the Anaheim Municipal Code.
12. That the subject properties 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 No. 1, and as conditioned herein.
13. That prior to approval of Final Parcel Map No. 2003-264, or prior to issuance of a building permit, or
within a period of two (2) years from the date of this decision, whichever occurs first, Condition Nos.
1, 2, 5, 6, 7, 9, 10 and 12, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for
Amendments, Administrative Use Permits, Conditional Use Permits, Variances and Administrative
Adjustments) of the Anaheim Municipal Code.
14. 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 #his 22~' day of April, 2004.
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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 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: 1 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: April 22, 2004 ~--~~~~ ~~~~ C , ~C~s ~ ~ (~(
`Danielle C. Masciel, Word Processing Operator
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