Resolution-ZA 2000-38~ ~
DECISION NO. ZA 2000-38
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2000-04411
OWNER: North American AID
2201 Seal Beach Boulevard
Seal Beach, CA 90740
AGENTS: Pacific Sunwear of California, Inc.
5200 East La Palma Avenue
Anaheim, CA 92807
Attention: Carl Womack
Boeing North America Fitness Inc.
Go Boeing Realty Corp.
G.O. Wiley, 4060 Lakewood Blvd., 6"' Floor
Long Beach, CA 90808-1700
LOCATION: 3450 East Miraloma Avenue
PUBLIC HEARING DATE: October 5, 2000
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Petitioner requests waivers of the following to construct a 300,000 sq.ft. single-story
warehouse distribution building and a 180,000 sq.ft. three-story corporate office building:
(a) Section 18.04.060.050 - Required parkins lot landscaping.
33 trees required between every 10 adjacent
parking spaces, each in minimum 48 sg.ft.
landscaped planters; no landscaced planters
with trees proposed to separate parking spaces
in the rear 755 feet of the property)
(b) Section 18.110.070.080.0803 - Maximum floor area ratio ("FAR'.
(0.50 permitted; 0.57 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 the proposal is located in Development Area 2 (Expanded Industrial Area) of the
Northeast Area Specific Plan No. SP 94-1; and that the proposed warehouse distribution building and
corporate office building are permitted uses in that zone.
2. That the proposal is in compliance with the goals of the Redevelopment Plan for the Project
Alpha Area.
3. That waiver (a), required parking lot landscaping, is hereby granted on the basis that the
proposed amount of landscaping in the rear portion of the property is significantly greater than required
by Code although that landscaping is not provided in the manner specified by Code; that 15,542 sq.ft. of
landscaped planters are proposed in planters along the east, south and west property lines, and adjacent
to the east and south walls of the warehouse building (minimum 1,484 sq.ft. required in planters
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separating every 10 parking spaces); that approximately 88 trees are proposed (minimum 33 trees
required in planters separating every 10 parking spaces); and that the intent of the Code requirement for
landscaping parking areas is satisfied by this proposal which results in ten times more square footage of
landscaping and more than twice as many trees as othervvise required.
4, That the rear parking area (where the landscaping waiver is requested) is minimally visible to
the street on which this property fronts (Miraloma Avenue) because it is located 520 feet south of
Miraloma Avenue; and that the three-story office building at the front of the property and the 300,000
sq.ft. warehouse distribution building in the rear portion of the property will screen the parking area where
the landscaping waiver is requested.
5. That there are special circumstances pertaining to this property due to its great depth (1,275
feet) and tack of visibility to the rear 755 feet where waiver (a) is requested, and that the ability for large
trucks to safely circulate around the warehouse building further justifies the waiver of required
landscaped planters between every 10 adjacent parking spaces.
6. That the strict application of the Zoning Code deprives this property of privileges enjoyed by
other properties under identical zoning classification in the vicinity which were developed prior to the
current landscaping requirements for parking lots.
7. That waiver (b), maximum floor area ratio (0.50 FAR permitted, 0.57 FAR proposed), is
hereby granted on the basis that there are special circumstances pertaining to the size and use of this
property which will be a corporate office and warehouse/ distribution complex; and that the applicant has
identified the proposed structures as the minimum needed to accommodate the required equipment in
the distribution center (a non-labor intensive use) and the projected growth anticipated for this corporate
office/warehouse/distribution facility.
8. That strict application of the Zoning Code would deprive this property of privileges enjoyed
by other properties under identical zoning classification in the vicinity which were developed under the
general ML (Limited Industrial) Zone standarris which do not include FAR requirements; and that the
proposal is a minor deviation n°~) of the permitted FAR and the buildings do not create a significant
footprint on the overall property (based upon the majority of the floor area for the office building being
vertical).
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal for waivers of required parking lot landscaping and maximum floor area ratio to
construct a 300,000 sq.ft. single-story warehouse distribution building and a 180,000 sq.ft. three-story
corporate office building on rectangulariy-shaped 19.2-acre property having a frontage of 655 feet on the
south side of Miraloma Avenue and a depth of 1,270 feet, being located 180 feet west of the centerline of
Grove Street, and further described as 3450 East Miraloma 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, 1 do hereby determine to approve Variance No.
2000-4411, subject to the following conditions:
1. That because this project has 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.
2. That prior to commencing \operation of this business, a valid business license shall be obtained
from the Business License Division of the City of Anaheim Finance Department.
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3. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 119 (to develop a recreational area).
4. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color contrasting to the roof material. The numbers shall not be visible to the street or adjacent
properties.
5. That the legal owner of subject property shall acquire a recorded unsuborclinated covenant
granting an access easement from the legal property owner immediately west of subject property
for ingress and egress purposes to subject property. Said easement shall be designed in a manner
satisfactory to the City Traffic and Transportation Manager, and the covenant shall be in a form
satisfactory to the City Attorney. A copy of the recorded covenant shall be submitted to the Zoning
Division.
6. That the developer shall submit a water quality management plan (VIIQMP) specifically identifying
best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall be submitted to the Public Works Department, Development
Services Division, for review and approval.
7. That the on-site landscaping within the northerly 520 feet of the property shall conform to Exhibit
No. 7, on file with the Planning Department, and shall consist of minimum twenty four (24) inch
box sized trees, with the remainder of the trees on the overall property being a minimum container
size of fifteen (15) gallons. Said information shall be shown on the plans submitted for building
permits. Any existing mature trees shall be preserved wherever possible.
That the landscaping planters shall be permanently maintained with live and healthy plants.
9. That the proposal shall comply with all signing requirements for the Northeast Area Specific Plan
No. SP94-1, Development Area 2 (Expanded Industrial Area), and Chapter 18.05 (Outdoor
Advertising -Signs and Billboards) of the Anaheim Municipal Code unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
10. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street. {nstal{ation of any gates shall conform to Engineering
Standarci Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
11. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
12. That all driveways shall be constructed or reconstructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137.
13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
14. That no 'compact' or'small car' parking spaces shall be permitted.
15. That a plan shall be submitted showing the loading space for trucks conform with Code Section
18.06.060.
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16. That the developer shall comply with City of Anaheim Ordinance No. 5209 and Resolution Na.
91 R-89 relating to the Transportation Demand Management (TDM) by providing on-site taxi and
shuttle bus loading zones, and by joining and financially participating in the ATN and Clean Fuel
Shuttle Program, and by installing bicycle racks.
17. 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 areas shall be designed, located and screened so as not to be
readily identifiable to adjacent streets or highways. The walls of the storage areas 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 shnibbery. Said information shall
be specifically shown on the plans submitted for building permits.
18. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
19. That an on-site trash truck tum-around area shall be provided in compliance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said tum-around area shall be specifically shown on the plans submitted for building permits.
20. That a striping plan for Miraloma Avenue in front of this property shall be submitted to the City
Traffic and Transportation Manager indicating ingress and egress into this site.
21. That in the event the City Traffic and Transportation Manager determines that the maximum
number of parking spaces are physically necessary on-site, the recreation area shall tie removed
and replaced with a paved parking area in conformance with Exhibit No. 1, on file with the
Planning Department, within sixty (60) days of notification.
22. That the legal property owner of this property shall provide the City of Anaheim with a public utility
easement for primary lines and a transformer site. Said easement shall be submitted to the City of
Anaheim prior to the connection of electrical service.
23. That all existing water services shall conform to current Water Utility standards. Any existing water
services that are not approved by the Utility for continued use shall be upgraded to current
standards, or abandoned by the developer. If any existing services are no longer needed, they
shall be abandoned by the developer.
24. That prior to application for water meters or a fire line, or submittal of the water improvement plans
for approval, the developer or property owner shall submit to the Public Utilities Water Engineering
Division an estimate of the maximum fire flow rate and the average day, maximum day, and peak
hour water demands for the project. This information will be used to determine the adequacy of
the existing water system to provide the estimated water demands. Any off-site water system
improvements required to serve the project shall be completed in accordance with Rule No. 15A.6
of the Water Utility Rates, Rules, and Regulations.
25. That a streetlight shall be provided along the Miraloma Avenue street frontage to the satisfaction of
the Electrical Engineering Division of the Public Utilities Department.
26. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office the Orange County Recorder prior to issuance of a building permit.
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27. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section
18.110.070.0309 pertaining to Development Area 2 of the Northeast Area Specific Plan No. SP 94-
1. Such information shall be specifically shown on the plans submitted for building permits.
28. That additional building floor area shall not be permitted, including additional mezzanine space in
the warehouse building, unless a variance for an increase in floor area ratio (FAR) and minimum
number of parking spaces is submitted by the petitioner, and considered approved by the Planning
Commission or the City Council at a noticed public hearing.
29. That prior to commencement of the activity authorized by this decision, or 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. 3, 5, 6, 7, 10, 11, 15, 16, 17, 18, 19, 20, 22, 24, 26 and 27, 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.
30. That prior to final building and zoning inspections, Condition Nos. 1, 2, 4, 12, 17, 20, 23, 25 and
31, herein-mentioned, shall be complied with.
31. That subject property shall be developed substantially in accorcfance 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 7, and as conditioned herein.
32. 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 11~" day of October, 2000.
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Annika M. Santalahti, Zoning dministrator
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.
'J
DATE: October 11, 2000 ~~=~~?~
Patricia Koral, ernor Wond Processorr,~c.~
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
October 23, 2000
Doug Watson, General Manager
Anaheim Marriott Hotel
700 West Convention Way
Anaheim, CA 92802-3483
Re: Special Circumstances Waiver No. 2000-01 -Modification ao~roved
On October 23, 2000, Annika M. Santalahti, Zoning Administrator, considered your request to modify
Special Circumstances Waiver No. 2000-01 to perrnit additional special event permits to be issued to the
Anaheim Marriott Hotel to allow a temporary tent to be used for outdoor conference and/or convention-
related activities from November 3, 2000 through February 28, 2001 on property Located at 700 West
Convention Way.
The Zoning Administrator made the following findings:
1. That the Municipal Code permits issuance of up to four special event permits each
calendar year, with each permit being issued for up to nine consecutive days; and that approval of
special circumstances waivers (allowing modification and/or waiver of regulations pertaining to special
events) is authorized by Subsection 18.02.055.080 "Zoning Administrator Review" (of Special Events
Permits) and Section 18.12.085 "Special Event Permit -Review' of the Anaheim Municipal Code.
2. That Special Circumstances Waiver No. 2000-01 was originally approved on January 27,
2000 and permitted a total of 12 special event permits to allow installation and use of a temporary tent at
the Anaheim Marriott Hotel at 700 West Convention Way from January 12, 2000 through April 28, 2000.
3. That this request is for waivers of Code subsections 18.02.055.060.0607 and
18.02.055.060.0608 (maximum nine consecutive days permitted for each special event permit and
maximum four special event perrnits perrnitted for a specific location during any calendar year, for a total
of 36 days per calendar year) to permit an additional 58 days during calendar year 2000 (November 3,
2000 through December 31, 2000, and a total of 59 days during calendar year 2001 (January 1 through
February 28, 2001).
4. That this request is specifically described in a letter dated October 20, 2000 submitted by
Doug Watson, General Manager of the Anaheim Marriott Hotet, and in the Staff Report to the Zoning
Administrator dated October 20, 2000; that approval will allow a tent for privately-sponsored events
including meetings, conferences, breakfasts, luncheons, dinners and receptions; that the petitioner has
indicated there will be no outdoor advertising or promotional devices used to promote the events to the
general public, and the hours of operation, number of employees and parking spaces will be the same as
previously approved; and that this request is needed to address the hotel's convention space needs due
to planned remodeling in the hotel building and current business needs.
5. That the outdoor tent (approximately 13,000 square feet, with tables and chairs) and all
food service operations for the tent will be screened from view from both Convention Way and the
Anaheim Convention Center lobby and, therefore, placement and use of the tent is not in conflict with,
and will not adversely affect, surrounding properties and uses in The Anaheim ResortTM' Specific Plan or
in The Disneyland Resort Specific Plan.
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139
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6. That modification of this special arcumstances waiver for additional special events during
the calendar years 2000 and 2001, serves the public interest, safety or general welfare, and that
extraordinary circumstances are present.
Based on the above findings, modification of Special Circumstances Waiver No. 2000-01 is hereby
approved, subject to the following conditions:
That the overall time period authorized by this Special Circumstances Waiver is from November 3,
2000 through February 28, 2001; and that this Special Circumstances Waiver shall expire on
February 28, 2001.
2. That the on-site conference/convention-related activities permitted by this Special Circumstances
Waiver shall be operated in conformance with the parking analysis submitted by the petitioner, which
is provided in Attachment C to the January 27, 2000 Staff Report to the Zoning Administrator and
incorporated herein by reference as if set forth in its entirety. Volation or operation contrary to said
parking analysis shall subject this Special Circumstances Waiver to termination or modification
pursuant to the provisions of the Anaheim Municipal Code.
3. That the petitioner shall obtain the appropriate special event permit(s) from the Planning
Department.
4. That prior to issuance of a special event permit(s), the petitioner shall pay the fees commensurate
with the total combined time period for such event(s).
5. That ongoing during use and operation of the tent, no outdoor advertising or promotional devices
shall be used to promote the events to the general public.
6. That ongoing during use and operation of the tent, all food service operations for the tent shall be
screened from view from both Convention Way and the Anaheim Convention Center lobby.
7. That prior to installation of the tent, the petitioner shall obtain any and all required permits from the
City of Anaheim showing conformance with all life safety codes.
That the outdoor events and the various activities associated with Special Circumstances Waiver No.
2000-01, as modified, shall comply with all the standards and requirements set forth in Section 18.02.055
"Special Event Permit -General" of the Anaheim Municipal Code unless otherwise specifically provided
herein, including that the events shall not be conducted before 7:00 a.m. nor after 10:00 p.m., in
compliance with Subsection 18.02.055.0606.
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 ten (10) days from the date of this letter or unless members
of the City Council request review of this decision within said 10 days.
If you have any questions, please contact David See, Associate Planner, Zoning Division, at (714) 765-
5139.
Sincerely,
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Patricia Koral
Senior Word Processor
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