Resolution-ZA 2005-18
DECISION NO. ZA 2005-18
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2005-04667
OWNERS: Guthrie Shepard Street, LLC
3185 Airway Avenue, Suite F
Costa Mesa, CA 92626
John M. Huish
18300 Von Karman Ave.
Irvine, CA 92612
AGENT: DRC
8175 E. Kaiser Blvd.
Anaheim. CA 92808
LOCATION: 1041 North She and Street
CEQA STATUS: CEQA Negative Declaration
PUBLIC HEARING DATE: September 15, 2005, continued to September 29, 2005
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence was received in opposition.
REQUEST: Waiver of the following to establish an 8-lot, 22-unit airspace, industrial subdivision in
Development Area 3 (La Palma Core Area) of the Northeast Area Specific Plan No.
94-1:
Sections 18.74.040.020.0209 - Requirement that lots front-on public or private streets.
and 18.92.150 (lots required to front on a public or private street;
6 lots (nos. 2 through 7) proposed to front on minimum 25 to 26-foot
wide driveways)
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 there is a special circumstance applicable to the property consisting of its size, location
and surroundings, which does not apply to other identically zoned properties in the vicinity, because this
large 7-acre property has existing limited frontage of only 229 feet on the southwest side of Shepard
Street and Carpenter Avenue; and that strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification in the vicinity.
2. That each of the proposed parcels and all the proposed buildings will have frontage on private
driveways, with the Zoning Code-required parking provided by perpendicular parking spaces on one or
both sides of the driveways.
3. That the proposed vehicle circulation system is adequate because it provides access across the
entire property to all the proposed industrial buildings and units; and that a covenant recorded in connection
with the final map for Tentative Parcel Map No. 2005-201, which was considered in conjunction with this
variance, will provide reciprocal access and parking for the future industrial development of this property.
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4. That the requested variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zone.
5. That the requested variance will not be materially detrimental to the public welfare nor injurious
to the property and improvements in the vicinity and zone in which the property is located.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2005-04667, subject to the following conditions:
That the developer shall submit a geotechnical report that meets the requirements fora "Screening
Investigation for Liquefaction Potential" as identified in DMG special publication 117 "Guidelines for
Evaluating and Mitigating Seismic Hazards in California." (Please note that if the findings of the
screening investigation cannot demonstrate the absence of liquefaction hazards, then the
comprehensive quantitative evaluation must be conducted to develop mitigation recommendations to
effectively reduce the hazard to an acceptable level.)
2. That 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 shall be available for City of Anaheim review on
request.
That the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in
the State of California. The Study shall be based upon, and shall reference, the latest edition of the
Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the
project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained.
The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of all
drainage impacts to the existing storm drain system based upon the ultimate project build-out condition;
and shall address whether off-site and/ or on-site drainage improvements (such as detention/ retention
basins or surface runoff reduction) will be required to prevent downstream properties from becoming
flooded.
4. That the sanitary sewers and storm drains for this development shall be privately maintained.
That the applicant shall submit a Water Quality Management ("WQMP") Plan to the Public Works
Department, Development Services Division, for review and approval, which:
• Addresses Site Design Best Management Practices ("BMPs") such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced
or "zero discharge" areas, and conserving natural areas;
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan ("DAMP");
• Incorporates Treatment Control BMPs as defined in the DAMP;
• Describes the long-term operation and maintenance requirements for the Treatment Control
BMPs;
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs; and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
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6. That prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications;
Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP;
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite; and
• Submit an Operation and Maintenance Plan for all structural BMPs for review and approval by the
City.
7. (Proposed Condition No. 7 was intentionally deleted at the public hearing and placed in Tentative
Parcel Map No. 2005-201, which was considered in conjunction with this variance.)
8. That any existing driveways, which are being retained, shall be reconstructed to conform with Public
Works Standard Detail 115-B. The appropriate Right-of-Way Construction Permit(s) shall be obtained
from the Development Services Division of the Public Works Department. Improvements shall be
complete prior to final building and zoning inspections. (Please note that the Public Works Department
has a standard detail for a maximum thirty (30) foot driveway width. Thirty-five (35) feet is proposed
on the submitted exhibit, which the Traffic Engineering Section has indicated would be acceptable.)
9. That the abandonment of the existing public utilities easement is required prior to issuance of a building
permit. Submit an abandonment application, copy of recorded easement, Grant Deed or Title Report,
and sketch of area to be abandoned for review and processing. There will be a $1,285 service fee
deposit required for the review, deed preparation, processing and recordation of the abandonment.
Contact Christine Pilapil in the Real Property Section at (714) 765-5100 ext 5818 for additional
information. Allow 6-8 weeks from the time the title reports are received before the easement can be
abandoned.
10. That the City of Anaheim Drainage Impact Mitigation Fee for the Northeast Industrial area, District 32
shall be paid prior to issuance of a building permit. The fee applies to the northerly parcel only. Credit
will be applied for the current development. The project architect or engineer must document the
existing impervious area and the proposed impervious area. If the impervious area remains the same
or decreases, no fee is due. If the impervious area increases, the fee will be proportional to the
increase.
11, That the City of Anaheim Drainage Assessment Fee for the Anaheim Canyon Industrial area shall be
paid prior to issuance of a building permit. The fee applies to the northerly parcel only and is currently
$2,000/ net acre. Credit will be applied for the current development. The project architect or engineer
must document the existing impervious area and the proposed impervious area. If the impervious area
remains the same or decreases, no fee is due. If the impervious area increases, the fee will be
proportional to the increase.
12. That the developer shall submit street improvement plans to the Public Works Department,
Development Services Division to improve Shepard Street and Carpenter Avenue in conformance with
Public Works Standard Detail 160-A. A parkway landscaping strip and sidewalk shall be constructed
with the parkway irrigation connected to the on-site irrigation system and maintained by the property
owner. No additional right-of-way dedication is required. A bond shall be posted in an amount approved
by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A
Right of Way Construction Permit shall be obtained from the Development Services Division for all work
performed in the right-of-way. The improvements shall be constructed prior to final building and zoning
inspections. (Please note that the Traffic Engineering Section has confirmed that no street
improvements are required for the Shepard Street/Carpenter Avenue knuckle because the existing
conditions are acceptable.)
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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 No. 1, and as conditioned herein.
14. That within a period of one (1) year from the date of this decision or prior to issuance of the first building
permit, whichever occurs first, Condition Nos. 5, 9, 10, 11 and 12, above mentioned, shall be complied
with. Extensions for further time to complete these conditions may be granted in accordance with
Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of the Anaheim
Municipal Code.
15. That prior to issuance of the first certificate of occupancy, Condition Nos. 6 and 8, above mentioned,
shall be complied with.
16. That prior to issuance of the first building permit or prior to grading plan approval, whichever occurs first,
Condition Nos. 1, 2 and 3, above mentioned, shall be complied with.
17. That approval of this application constitutes approval of the proposed request only to the extent that is
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 6'h day of October 2005.
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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 ten (10) dam from the date of the signing of this
decision or unless members of the City Council shall request to review this decision within seven (7) days
from the date of signing.
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.
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DATE: October 6, 2005 ~`~ Vl~la t, ~«l ~ e,~G" J
Pat Chandler, Senior Secretary ~
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