Resolution-ZA 2003-41•
DECISION NO. ZA 2003-41
A DECISION OF THE ZONING ADMINISTRATOR
GRANTING ADMINISTRATIVE ADJUSTMENT NO. 2003-00252
REQUESTED BY: Trinh Grant
121 South Cerro Vista Way
Anaheim, CA 92807
OWNER: Andy Do
4500 Campus Drive
Newport Beach, CA 92660
LOCATION: 121 South Cerro Vista Wav
DATE NOTICES MAILED: October 17, 2003
CEQA STATUS: Categorically Exempt
REQUEST: Waiver of the following to expand the existing living and dining rooms of a single family
residence in the RS-HS-43,000 (SC) (Residential Single-Family, Scenic Corridor Overlay)
Zone:
Sections 18.12.080.010.0103 - Minimum side yard setback.
and 18.22.063.010 (15 feet required;
12 feet proposed from the south property line)
DETERMINATION OF THE ZONING ADMINISTRATOR
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
Administrative Adjustment, and subject petition having been duly noticed and no written objections having
been received, I do hereby find, pursuant to Section 18.12.080:
1. That the request is hereby granted in accordance with Subsection 18.12.080 of the Anaheim
Municipal Code which permits waivers of minimum side yard setback in connection with administrative
adjustments when the deviation from the Code requirement does not exceed 20%: and that the proposal
is a 20% deviation.
2. That no written opposition was received during the required 10-day notification period which
ended on Monday October 27, 2003.
Based on the evidence presented to me, I do hereby determine to grant Administrative Adjustment No.
2003-00252, subject to the following condition(s):
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 No. 1.
2. That prior to final building and zoning inspections or within a period of two (2) years from the date of
this decision, whichever occurs first, Condition No. 1,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.
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3. 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 6th day of October, 2003.
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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 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 State Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
DATED: October 6, 2003
nielle Mascie , ord rocessing Operator
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
November 20, 2003
Chemical C. Neville
2800 Neville Road
Pittsburgh, PA 15225
2a. CEQA NEGATIVE DECLARATION
2b. VARIANCE NO. 2003-04580
2c. TENTATIVE PARCEL MAP NO. 2003-170
LOCATION: 2110-2220 East Winston Road -Property consisting of 8.3 acres having a frontage of
670 feet on the south side of Winston Road and being located 650 feet east of the centerline of State
College Boulevard.
VARIANCE NO. 2003-04580: Waiver of required lot frontage on a public or private street to
construct an industrial complex in the ML (Limited Industrial) zone.
TENTATIVE PARCEL MAP NO. 2003-170: Request to establish a 16-lot industrial subdivision.
At the meeting of November 13, 2003, Annika M. Santalahti, Zoning Administrator, considered your
request to establish a 16-lot industrial subdivision. Following approval of Variance No. 2003-04580
(Decision No. ZA 2003-42), she made the following findings in connection with Tentative Tract Map No.
2003-170:
1. That the proposed tentative parcel map and industrial development is consistent with the
Anaheim General Plan Land Use Element.
2. That proposed industrial improvements within the subdivision are consistent with the
General Plan.
3. That the site is physically suitable for industrial development as permitted in the ML (Limited
Industrial) Zone.
4. That the site is physically suitable for the proposed intensity of development based on the
fact that, except for waiver of required lot frontage on a public or private street as approved in connection
with Variance No. 2003-4580, all other zoning development standards will be met.
5. That the design of the subdivision and the proposed industrial improvements will not cause
any substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat
since the property is within an urbanized area.
6. That the design of the subdivision and proposed industrial improvements are not likely to
cause serious public health problems.
7. That the design of the subdivision and the proposed industrial facilities will not conflict with
easements, acquired by the public at large, for access through or use of property within the proposed
subdivision.
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
RD UG USE
IS
IFE ABUSE
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ACTION: Ms. Santalahti determined that the CEQA Negative Declaration prepared in connection with
Variance No. 2003-04580 and Tentative Parcel Map No. 2003-170 is adequate to serve as the required
environmental documentation.
Ms. Santalahti granted the tentative parcel map, subject to the following conditions of approval:
1. That approval of Tentative Parcel Map No. 2003-170 is hereby granted subject to approval of
Variance No. 2003-04580.
2. That the developer shall submit a water quality management plan ("WQMP") 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.
3. That a maintenance covenant shall be submitted to the Development Services Division of the
Public Works Department and approved by the City Attorney's Office. The covenant shall include
provisions for maintenance of private facilities and a maintenance exhibit. The covenant shall be
recorded concurrently with the final map.
4. That the legal property owner shall furnish a Subdivision Agreement, in a form approved by the City
Attorney, to the City of Anaheim agreeing to complete the public improvements required as
conditions of the map at the legal property owner's expense. Said agreement shall be submitted to
and approved by the City of Anaheim and shall then be recorded concurrently with the final parcel
map.
5. That street light improvement plans for the south side of Winston Road shall be submitted to the
Electrical Engineering Division for review and approval, and a performance bond in the amount
approved by the City Engineer and form approved by the City Attorney shall be posted with the City
of Anaheim. Said street lights shall be installed prior to issuance of a certificate of occupancy.
6. That the legal owner of the subject property shall provide the City of Anaheim with an easement for
public utilities to be determined as electrical design is completed. Said easement shall be
submitted to the City of Anaheim prior to connection of electrical service.
That concurrently with recordation of the final parcel map, an unsubordinated restricted covenant
providing reciprocal access and parking, approved by the City Traffic and Transportation Manager
and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office
of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the
Zoning Division. Additionally, provisions shall be made in the covenant to guarantee that the entire
complex shall be managed and maintained as one (1 }integral parcel for purposes of parking,
vehicular circulation, signage, landscaping, maintenance, land usage and architectural control, and
that the covenant shall be referenced in all deeds transferring all or any part of the interest in the
property.
8. That an unsubordinated restrictive covenant prohibiting outdoor storage for this industrial complex
shall be submitting to the Zoning Division of the Planning Department and approved by the City
Attorney's Office, and that provision shall be made in the covenant specifying that any activities
and/or storage of products shall be limited to the interior of any building; provided, however, that
outdoor storage may be permitted if plans are submitted to the Planning Department for review and
approval showing that any proposed outdoor storage area will not encroach into any required
parking spaces or required landscaping. Said plans shall include the entire site and shall specify all
buildings including square footage, the uses, required landscaping, accessways and driveways,
loading areas, and all parking spaces on each parcel.
9. That a final parcel map to record the division of subject property shall be submitted to and approved
by the City of Anaheim and shall then be recorded in the Office of the Orange County Recorder.
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10. That unless each building is initially connected to separate fire services, an unsubordinated
covenant shall be recorded prohibiting any individual sale of buildings until separate fire services
are installed.
11. That prior to final parcel map approval, Condition Nos. 1 through 8 and 10, above-mentioned, shall
be complied with.
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 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 the this letter or unless
members of the City Council request review of this decision within said 10 days
Sincerely,
G~~
Danielle Masciel
Word Processing Operator
Cc: Gary Ibanez, DRC, 8175 East Kaiser Boulevard, Anaheim, CA 92808
NEW OWNER
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