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Resolution-ZA 2003-10~ • • DECISION NO. ZA 2003-10 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2003-04554 OWNER: Robert Rizzo Metalclad Insulation Corp. 2198 South Dupond Drive Anaheim, CA 92806 LOCATION: 2198 South Dupont Drive HEARING DATE: March 20, 2003 OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. REQUEST: Petitioner requests waiver of the following to permit and retain existing accessory outdoor storage on an industrial property in the ML (Limited Industrial) Zone: Sections 18.06.050.030.031 - Minimum number of parking spaces. 18.06.050.030.033 (54 spaces required; 18.06.080 20 spaces proposed, and concurred with by the 18.12.060.110 City Traffic and Transportation Manager) 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 the petitioner submitted a parking demand study prepared by a registered traffic engineer (discussed in paragraphs (12) and (13) of the Staff Report to the Zoning Administrator dated March 20, 2003, Item No. 3); and that the City Traffic and Transportation Manager reviewed the study and determined that the proposed on-site parking supply is adequate for the use on this property, as described in the study. 2. That the parking waiver, under the conditions imposed, wilt not cause fewer off-street parking spaces to be provided for the use of the property than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of said use. 3. That the parking 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 use. 4. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the use (which 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). 5. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the use. 6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the underlying use. ZA2003-010.doc - 1 of 3 - ZA2003-10 • • 7. That this parking variance is necessitated by a portion of this industrial property being used for outdoor storage, which area would otherwise be usable for parking in compliance with Code requirements; and that the adjoining property to the south is developed with a mobile home park (Park Royale) in the City of Orange; and that the Zoning Code requires an eight foot high masonry wall between industrial uses (including outdoor storage) and residential uses. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum number of parking spaces to permit and retain existing accessory outdoor storage on arectangularly-shaped 1.1-acre industrial property located at the southern end of the Dupont Drive loop approximately 800 feet south of the centerline of Orangewood Avenue, that the property has a frontage of 188 feet on the south side of Dupont Drive and a maximum depth of 273 feet, and is further described as 2198 South Dupont Drive (Metalclad Insulation Corp.); 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. 2003- 04554, subject to the following conditions: That approval of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of the waiver. Exceeding, violating intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in said study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this variance to termination or modification pursuant to the provisions of Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances (Procedure)) and 18.03.092 (Termination or Modification of Conditional Use Permits or Variances (Grounds)) of the Anaheim Municipal Code. 2. That no area within the front parking lot adjacent to Dupont Drive (which has a total of twenty (20) parking spaces) shall be fenced or otherwise enclosed for storage or other outdoor use. 3. 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 Detail Nos. 436 (Disabled Person's Parking) and 601/602 (Minimum Off-Street Parking Dimensions) pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 4. That no 'compact' or'small car' parking spaces shall be permitted. 5. (a) That an eight (8) foot high chain link fence interwoven with PVC slats shall be constructed along the perimeter of the outdoor storage area; provided, however, that an eight (8) foot high masonry wall shall be constructed along the south property line adjacent to the mobile home park (Park Royale) in the City of Orange in compliance with subsections 18.04.049.010 and 18.04.049.020.023 of Section 18.04.049 (Required Site Screening in Industrial Zones -General) and Section 18.61.068 ('Required Site Screening' in the ML Zone) of the Anaheim Municipal Code. Fast-growing vines shall be planted adjacent to the fencing (excluding the sliding gate} facing Dupont Drive to further screen the outdoor storage area. The appropriate permit, including submittal of plans, for the eight (8) foot high masonry wall shall be obtained from the Building Division. (b) If an eight (8) foot high masonry wall (as measured from finished grade to top of wall) already exists between the outdoor storage area and the mobile home park, no additional fencing is required along the south property line. (c) If a masonry wall less than eight {8) feet high already exists along the south property line between the outdoor storage area and the mobile home park, the petitioner may confer with the owner/manager of the mobile home park about increasing the height of said wall to eight (8) feet and providing any necessary reinforcement to support such wall. The appropriate permit, including submittal of plans, ZA2003-010.doc - 2 of 3 - ZA2003-10 • shall be obtained from the Building Division. If the owner/manager of the mobile home park does not agree to increasing the height of the existing masonry wall, the petitioner shall construct a masonry wall along the south perimeter of the outdoor storage area as required in paragraph (a), above. Following completion, the fencing and masonry wall along the perimeter of the outdoor storage area shall be maintained in conformance with the approved plans. That no barbed wire or razor wire shall be installed on any fencing which is visible to the mobile home park (Park Royale) in the City of Orange to the south, or to Dupont Drive to the north. That the outdoor storage area shall be utilized for the temporary staging of products and/or materials and the temporary parking of commercial vehicles and truck trailers, and shall remain accessory to the primary business within the warehouse building. That no inoperable vehicles shall be stored outdoors on the subject property, including in the required parking lot adjacent to Dupont Drive and in the fenced outdoor storage area. 9. That trash receptacles shall be stored in a location not visible to Dupont Drive. 10. 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. 11. 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 (site plan), 2 (floor plan) and 3 (fencing plan), and as conditioned herein. 12. That within a period of four (4) months from the date of this decision, Condition Nos. 3 and 5, 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. 13. 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 27'h day of March 2003. f ~~. ~~~..~a~~~a,~.,h 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: March 27, 2003 ~ • ' anielle Mas ~el, Wo Processing Operator ZA2003-010.doc - 3 of 3 - ZA2003-10 ~ • CITY OF ANAHEIM, CALIFORNIA Planning Department March 24, 2003 Mariam Amiri 847 Parkglen Place Anaheim, CA 92808 RE: Administrative Adjustment No. 2003-00237 (waiver of maximum lot coverage) I have been appointed Zoning Administrator by the Planning Director to decide the above-referenced Administrative Adjustment; however, since written objection(s) were received during the ten-day public notice period ending on March 19, 2003, I am no longer authorized to act on this proposal unless a public hearing is first conducted, as specified by Anaheim Municipal Code Section 18.12.080. A public hearing will be scheduled after you have submitted the appropriate information and have paid the cost of notification for such hearing. Please contact Elaine Yambao or one of the other zoning representatives in the Planning Department for further assistance. If you choose not to proceed with Administrative Adjustment No. 2003-00237, no further action is necessary, and the Administrative Adjustment will be considered null and void. Sincerely, a mac, ~. Annika M. Santalahti Zoning Administrator AA2003-00237.doc 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net DRUG USE IS FE ABUSE • CITY OF ANAHEIM, CALIFORNIA Planning Department April 10, 2003 Orange County Transportation Organization 3472 Montair Avenue Long Beach, CA 90808 Attn: Susan Lundgren Douglass Family Partnership 1409 E. Rose Avenue Orange, CA 92867 Re: Special Circumstances Waiver No. 2003-00023 -Approved On April 3, 2003, Annika M. Santalahti, Zoning Administrator, considered your request for Special Circumstances Waiver No. 2002-00023 to permit a Special Event Permit for aone-day special event (an automobile show) on Saturday, June 7, 2003, on property located at 1501-1551 South Douglass Road (Tejas/Arrowhead Pond parking lot). She made the following findings: 1. That a letter requesting this special circumstances waiver and describing the proposal was submitted on March 5, 2003 by Susan Lundgren, Orange County Transportation Organization. 2. That approval of special circumstances waivers (allowing modification and/or waiver of regulations pertaining to special events) is authorized under 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. 3. That the property is developed with a parking lot established in connection with Conditional Use Permit No. 3700; that the zoning is ML (Limited Industrial); and that the Anaheim General Plan land use designation is Business Office/Mixed Use/Industrial. 4. That this specific request is for waiver of Subsection 18.02.055.050(c) which allows special event permits in any zone in conjunction with a use for which a conditional use permit has been issued to authorize a use which is permitted as a matter of right in any commercial zone, but that the existing parking lot is not a permitted primary use in any commercial zone and, therefore, this special circumstances waiver was submitted. 5. That approval of this special circumstances waiver serves the public interest and general welfare, as discussed in the Staff Report to the Zoning Administrator dated April 3, 2003, because extraordinary circumstances are present based on the type of event proposed, as follows: • This is the fifth year that this organization will be sponsoring this event at this location; and that no adverse impacts have resulted from those prior events. This event requires a large display area due to the number of the vehicles to be displayed (approximately 250 vintage VW buses) plus a large area for parking spectator vehicles (approximately 150 vehicles); and the property contains a 1,099-space commercial parking lot, which will not otherwise be in use on the date of this event, and no concurrent events are scheduled at the nearby Arrowhead Pond of Anaheim. 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net DRUG USE IS IFE ABUSE The type and size of this event is not suited to commercially-zoned locations such as retail centers where special event permits are typically issued, and the impact could potentially be adverse if the event occurred at such commercial business location due to the large display and parking areas required by this event, and the associated number of participants and spectators; and that this one- day (Saturday) 5-hour event is limited in time and will have a negligible effect on this large parking lot and on circulation along the streets and highways in the area which are designed to handle even greater traffic demands when an event is taking place at, or being sponsored by, The Arrowhead Pond. Under authority of subsection 18.02.055.080 and Section 18.12.085 of the Anaheim Municipal Code, the Zoning Administrator approved Special Circumstances Waiver No. 2002-00023 for the herein described special event on Saturday, June 7, 2003, subject to compliance with the following conditions: 1. That not less than fourteen (14) days prior to the event, the petitioner shall pay the appropriate fee and obtain a Special Event Permit from the Planning Department. 2. That no flags, banners or other temporary advertising devices, including inflated figures, shall be utilized in connection with this event. Any violation of this condition will result in the immediate termination of this Special Circumstances Waiver. Signs identifying the event and directing the public may be permitted; and if any such signs are proposed, such signs shalt be described in the Special Event Permit application submitted to the Planning Department. 3. That this outdoor event and the various activities associated with it shall comply with all the standards and requirements set forth in Section 18.02.055 "Special Event Permit -General" of the Anaheim Municipal Code except as otherwise specifically provided herein, including that the event shall not be conducted before 7 A.M. nor after 10 P.M., in compliance with subsection 18.02.055.060.0606. This decision shall become final unless an appeal to the City Council, in writing and accompanied by an appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter or unless a member of the City Council requests review of this decision within said 10 days. If you have any questions, please contact Dave See, Associate Planner, Zoning Division, at 714 765- 5139, extension 5751. Sincerely, Q~(,~ Danielle Masciel Word Processor scw2003-00023.doc page 2 of 2