Resolution-ZA 2003-42• •
DECISION NO. ZA 2003-42
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04580
OWNER: Chemical C. Neville
2800 Neville Road
Pittsburgh, PA 15225
AGENT: Gary Ibanez, DRC
8175 East Kaiser Boulevard
Anaheim, CA 92808
LOCATION: 2110-2220 East Winston Road
HEARING DATE: November 13, 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 establish a 16-lot subdivision and construct an industrial
complex in the ML (Limited Industrial) zone:
Sections 18.01.130 - Required lot frontage on a public or private street.
and 18.12.060.075 (street frontage required for all parcels;
frontage on driveways proposed for 10 parcels)
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 strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties in identical zoning classification in the vicinity because other industrial subdivisions
have been established with parcels fronting on driveways or other accessways instead of public or private
streets, as discussed in paragraph (14) of the Staff Report to the Zoning Administrator dated November
13, 2003; and that the driveways in this subdivision are proposed in a manner, location and design
acceptable to the City
2. That there are special circumstances applicable to this property consisting of its depth,
which prevents creation of street frontages for Parcel Nos. 7 through 16.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposed waiver of required lot frontage on a public or private street to establish a 16-lot industrial
subdivision to construct an industrial complex in the ML (Limited Industrial) Zone on a rectangularly-
shaped 8.3-acre property having a frontage of 670 feet on the south side of Winston Road and a
maximum depth of 530 feet, being located 650 feet east of the centerline of State College Boulevard, and
further described as 2110 - 2220 East Winston Road; 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.
2003-04580, subject to the following conditions:
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That a private water system with separate water service for fire protection and domestic water shall
be provided.
2. That the water backflow equipment and any other large water system equipment shall be installed to
the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the street
setback area in a manner fully screened from all public streets and alleys.
3. That since this project has landscaping areas exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed to comply with Chapter 10.19 (Landscape Water
Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349.
4. That prior to application for water meters or fire lines, or submitting the water improvement plans for
approval, the developer/owner shall submit an estimate to the Water Engineering Division of the
Public Utilities Department of the maximum fire flow rate and maximum day and peak hour water
demands for the project.
5. That all requests for new water services or fire lines, as well as any modifications, relocations or
abandonment of existing water services and fire lines, shall be coordinated through Water
Engineering Division.
6. 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 area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. The walls of the storage area(s) 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 shrubbery. Said information shall
be specifically shown on the plans submitted for Planning Department and Public Works
Department, Streets and Sanitation Division, approval.
7. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
8. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division.
That each parcel shall have separate double trash enclosures. Said information shall be specifically
shown on the plans submitted for building permits.
10. That the proposal shall comply with all signing requirements of the ML (Limited Industrial) Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
11. That the property shall be served with underground utilities in accordance with the Electrical Rates,
Rules and Regulations and the City of Anaheim Underground Policy.
12. That any required relocation of City electrical facilities shall be at the developer's expense; and that
landscape and/or hardscape screening of all pad-mounted equipment shall be required.
13. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
14. That a sidewalk and irrigated parkway landscaping shall be constructed along Winston Road. The
sidewalk shall conform to Standard Detail No. 101-E. Parkway landscaping and irrigation between
the sidewalk and the curb shall be installed with the parkway irrigation tied into the on-site irrigation
system and maintained by the property owner. A bond shall be posted in an amount approved by
the City Engineer and a form approved by the City Attorney. The applicant shall obtain aRight-of-
Way Construction Permit from the Development Services Division for all work performed in the
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right-of-way. The parkway landscaping and irrigation plans shall be submitted to and approved by
the Urban Forestry Division of the Community Services Department and the Planning and Public
Works Departments, and the improvements shall be constructed prior to certificate of occupancy.
15. Prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained
under California's General Permit for Stormwater Discharges Associated with Construction Activity
by providing a copy of the Notice of Intent ("NOI") submitted to the State Water Resources Control
Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention
Plan ("SWPPP"). A copy of the current SWPPP shall be kept at the project site and be available for
City review on request.
16. That the property owner shall implement appropriate non-structural and structural Best Management
Practices ("BMPs") as specified in the Orange County Drainage Area Management Plan ("DAMP"),
Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction
of pollutants from entering the City of Anaheim stormwater drainage system.
17. That prior to grading plan approval, the applicable City of Anaheim Drainage Impact Mitigation Fee
for the Stadium Area shall be paid.
18. That the applicant shall submit a drainage study to the City of Anaheim Public Works Department
for review and approval by the City Engineer. A registered professional engineer in the State of
California shall prepare the drainage study and all required off-site and on-site drainage
improvements. The Study shall also be based upon the latest edition of the Orange County
Hydrology Manual and shall include an analysis of 10-, 25- and 100-year storm frequencies and
address whether detention/retention ponds will be required to prevent downstream properties from
becoming flooded.
19. That prior to the issuance of a grading permit, the applicant shall submit a sewer study to the City of
Anaheim Public Works Department for review and approval by the City Engineer. The study shall
be prepared by a registered professional engineer in the State of California to the satisfaction of the
Public Works Department and shall include an analysis of all sewer impacts to the existing sewer
system and shall be based upon the Stadium Area Sewer Deficiency Study dated January 1999.
20. That the driveways, sanitary sewers and storm drains within the development shall be privately
maintained.
21. 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, and as conditioned herein.
22. That prior to commencement of the activity authorized by this decision or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition Nos. 5, 6, 7, 8, 9, 14, 15, 17, 18
and 19, 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.
23. That prior to final building and zoning inspections, Condition Nos. 1, 2, 3, 4, 10, 11, 16 and 21,
above-mentioned, shall be complied with.
24. 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.
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This decision is made, signed, and entered into the file this 20th day of November 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: l 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: November 20, 2003
nielle C. Ma ~ I, d Processing Operator
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