Loading...
Resolution-ZA 2003-51 DECISION NO. ZA 2003-51 • A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2003-04587 OWNERS: Brad A. Furry F & H Properties 2140 South Dupont Drive, Anaheim, CA 92806 Carlos Reyes Dupont Investors 2130 South Dupont Drive, Anaheim, CA 92806 Don Watson 2704 Cove Street, Corona Del Mar, CA 92625 Gary Greeley 662 Frontera Court, Anaheim, CA 92807 Robb Lewis 2131 South Dupont Drive, Anaheim, CA 92806 Judith Digon 2141 South Dupont Drive, Anaheim, CA 92806 LOCATIONS: 2130 2131 2140 2141 2181, 2210 and 2221 South Dupont Drive HEARING DATE: DECEMBER 11, 2003 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and no correspondence in opposition was received. REQUEST: Waiver of the following to permit and retain accessory outdoor storage areas for seven (7) industrial properties in the ML (Limited Industrial) Zone: Sections 18.06.050.030.031 - Minimum number type, and design of off-street parking spaces. 18.06.050.030.033 (128 spaces required; 63 spaces proposed) 18.12.060.110 18.06.080 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 parking waiver, based on the submitted letters of operation for each industrial business and under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the existing uses than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of the uses. 2. That the 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 existing uses. ZA2003-051.doc - 1 of 4 - ZA2003-51 ~ • 3. That the 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 existing uses (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 () of the Zoning Code). 4. That the waiver, under the conditions imposed, will not increase traffic congestion within the off- street parking areas or lots provided for such use. 5. That the 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 proposed use. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum number, type and design of off-street of parking spaces to permit and retain accessory outdoor storage areas for seven industrial properties in the ML (Limited Industrial) Zone on seven parcels located within the 'Orangewood Stadium Business Park' encompassing approximately 3.7 acres located on the east and west sides of South Dupont Drive and generally bounded by Orangewood Avenue to the north and the Anaheim City limits to the south, and more specifically described as 2130, 2131, 2140, 2141, 2181, 2210 and 2221 South Dupont Drive; 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- 04587, subject to the following conditions: That granting this parking waiver is contingent upon operation of the uses in conformance with the assumptions and/or conclusions relating to the operation and intensity of the uses as contained in the parking letters and letters of operation submitted by the petitioners that formed the basis for approval of this waiver. Exceeding, violating intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking letters and letters of operation, 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 each parcel shall provide and maintain the minimum number of parking spaces shown in the following table, including handicapped accessible spaces as specified in Condition No. 3, below; and that said spaces shall be clearly marked for parking and shall be readily available for use during the operating hours of the underlying business. Address Current Business Name No. of Parkin S aces 2130 S. Dupont Dr. Specialized Environmental Inc. 8 asbestos/lead/mold abatement and demolition contactor 2131 S. Dupont Dr. Argos Sign and Maintenance Co. 10 si n, li htin and electrical business 2140 S. Dupont Dr. Consultex 7 computer printer spare parts distribution American Barricade Inc. (corporate headquarters for a small rental company 2141 S. Dupont Dr. providing equipment, manpower & related services to the 6 highway & underground construction, special event & movie industries 2181 S. Dupont Dr. Industrial Specialists, Inc. 14 desi n/build industrial contractor 2210 S. Du ont Dr. Greele Metal Fabricators, Inc. (sheet metal fabricator) 11 2221 S. DU ont Dr. Consultex (computer printer spare parts distribution) 7 ZA2003-051.doc - 2 of 4 - ZA2003-51 ~ • That within a period of three (3) months from the date of this written decision, an exhibit(s), which may be overlaid on an aerial map of the area, will be prepared by Zoning Division staff to clearly delineate the following information for each parcel: • Existing parcel boundaries. • Existing building including square footage. • Outdoor storage area including square footage and enclosure fencing. • Parking spaces including at least one (1) handicapped accessible space per parcel. Following completion of the exhibit(s), a copy will be provided to each property business owner for their concurrence. If any information is determined to be incorrect, it will be corrected. A copy shall be kept on file with the Planning Department. Approval of this parking waiver does not include any subsequent modifications to any business such as a change of use, building additions, increased storage area, etc., which increase the number of required parking spaces. If such modification is proposed, the property/business owner may be required to submit an updated parking analysis to the Planning Department and the Traffic and Transportation Manager for review and approval. 3. That one (1) handicapped van accessible parking space shall be provided for each separate parcel. 4. That the subject properties shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 5. That the outdoor storage of materials and equipment shall not exceed the height of the perimeter fencing and shall not be visible to any public right-of-way. 6. That any gate securing any parking area shall remain open during regular hours of operation so that all required parking spaces are open and available for use. 7. That any loading and unloading of products and materials shall take place on-site only; and that such activity shall not take place in any required parking area. No loading or unloading activities and no 'double parking' shall take place on any public street. 8. That fencing enclosing the outdoor storage areas shalt be constructed and maintained in conformance with the approved plans, including PVC slats interwoven into the chain link fencing along the perimeter of the outdoor storage areas to screen the outdoor storage from adjacent and nearby public streets. 9. That all existing and proposed landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 10. 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. 11. That within a period of three (3) months from the date of this decision, Condition Nos. 2, 3, 5, 8 and 10, 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, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 12. 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. ZA2003-051.doc - 3 of 4 - ZA2003-51 • • This decision is made, signed, and entered into the file this 18th day of December, 2003. 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: December 18, 2003 Dan e C. Masciel, d r essing Operator ZA2003-051.doc - 4 of 4 - ZA2003-51