Resolution-ZA 2001-32
DECISION NO. ZA 2001-32
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2001-04446
OWNER: Kipton Shawn Kahler
2801 East Miraloma Avenue
Anaheim, CA 92807
LOCATION: 2801-2821 East Miraloma Avenue (Artistic Plating)
HEARING DATE: August 23, 2001, continued from the August 9, 2001 meeting
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to expand an existing industrial building in
Development Area No. 5 (Commercial Area) of the Northeast Area Specific Plan No. SP
94-1:
Sections 18.12.060.030 - Maximum floor area ratio.
18.12.060.070 (0.25 permitted; 0.50 proposed)
and 18.110.100.080.0803
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 proposed expansion is for an existing industrial building which was constructed in
the ML (Limited Industrial) Zone before the area was rezoned to the Northeast Area Specific Plan No. 94-1
and the subject property was designated Development Area 5 (Commercial Area); and that the existing use
and building are lawfully nonconforming, and expanding the building is permitted under Section
18.110.040.040.0401 pertaining to Expansion or Change of Nonconforming Uses.
2. That the number of parking spaces (58) which will be available for this building as proposed
to be expanded complies with the requirement for industrial/warehouse uses (minimum 57 spaces).
Area.
3. That the proposal complies with the goals of the Redevelopment Plan for the Project Alpha
4. That the waiver is hereby granted on the basis that there are special circumstances
pertaining to the size and use of this property which is developed with an industrial warehouse complex; and
that, with the exception of the floor area ratio, the proposal complies with all other development standards of
Development Area 5 of the Northeast Area Specific Plan.
5. That strict application of the Zoning Code would deprive this property of privileges enjoyed by
adjoining properties to the north and east which were also developed under the ML (Limited Industrial) Code
standards and subsequently reclassified to the SP 94-1 zone; and that this property is subject to the more
restrictive development standards of Development Area 5 (Commercial Area), including an 0.25 FAR as
compared to a 0.5 FAR on the adjacent properties in Development Area 1 (Industrial Area).
6. That the City Traffic and Transportation Manager has determined that the proposed waiver of
the FAR limitation in connection with this industrial building on this property will not negatively impact traffic
circulation in the area nor create an undue parking demand; and that no significant additional traffic
generation would occur as a result of this project and that on-site parking is sufficient.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposed waiver of maximum floor area ratio to expand an existing industrial building located in
Development Area No. 5 (Commercial Area) of the Northeast Area Specific Plan No. SP 94-1 on an
irregularly-shaped 1.83-acre property at the northeast corner of Miraloma Avenue and Blue Gum Street, with
frontages of 270 feet on the north side of Miraloma Avenue and 295 feet on the east side of Blue Gum Street,
and further described as 2801-2821 East Miraloma Avenue (Artistic Plating); 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. 2001-
0446, subject to the following conditions:
That three (3) foot high address numbers shall be displayed on the roof of the building in a contrasting
color to the roof material. The numbers shall not be visible to the adjacent streets or properties.
2. That the landscaped planters shall be permanently maintained with live and healthy plants.
3. That the developer shall construct a handicap access ramp and a five (5) foot wide sidewalk, and plant
landscaping in the parkway area along the entire frontages of Miraloma Avenue and Blue Gum Street.
Said information shall be specifically shown on the plans submitted for building permits. The sidewalk
shall be constructed and completed to the satisfaction of the City Engineer prior to receiving clearance
for a certificate of occupancy for the building expansion.
4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses.
5. That no "compact" or "small car" parking spaces shall be permitted.
6. That, if required by the Utilities Department, the legal owner of this property shall provide the City of
Anaheim with a public utilities easement to be determined as the electrical design is completed. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
7. 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, 601 and
602 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
8. That any required relocation of city electrical facilities shall be at the developer's expense.
9. 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 from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials 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.
10. That, if required by the Utilities Department, the legal property owner of this property shall provide the
City of Anaheim with a public utility easement for primary lines and transformer site. Said easement
shall be submitted to the City of Anaheim prior to the connection of electrical service.
11. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section
18.110.100.030.0307 pertaining to 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.
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12. 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 required number of
parking spaces is requested by the petitioner and approved by the Zoning Administrator or Planning
Commission or City Council at a noticed public hearing.
13. 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 3, and as conditioned herein.
14. 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, 6, 7, 9, 10 and 11, 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.
15. That prior to final building and zoning inspections or prior to issuance of a certificate of occupancy for
the building expansion, whichever occurs first, Condition Nos. 1, 3 and 13, above-mentioned, shall be
complied with.
16. 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.
17. That approval of this variance fora 0.5 FAR is specifically for expansion of an existing industrial building;
and that if the property owner/business owner wishes to change the use of the building to a use having
a higher parking requirement than "general industrial/manufacturing/warehouse" uses, the property
owner/business owner shall either (i) provide the minimum number of parking spaces required by the
Anaheim Municipal Code for such use(s), or (ii) obtain approval of a Variance or Administrative
Adjustment for waiver of the minimum number of parking spaces for such use.
18. That approval of this variance is based upon the continued industrial use of this building, as proposed to
be expanded. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions
and/or conclusions contained in this Decision or in the Staff Report to the Zoning Administrator dated
August 23, 2001, shall be deemed a violation of the expressed conditions imposed upon said waiver
which may subject this variance to termination or modification pursuant to the provision of Sections
18.03.091 and 18.03.092 of the Anaheim Municipal Code.
This decision is made, signed, and entered into the file this 30th day of August 2001.
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: August 30, 2001 ~~ ~ ~%
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Patricia A. Koral, Sen r Wor Processing Operator
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