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Minutes-ZA 2006/09/14 ANAHEIM ZONING ADMINISTRATOR ACTION AGENDA THURSDAY, SEPTEMBER 14, 2006 9:30 A.M. Plan-Check Conference Room, City Hall East 200 South Anaheim Boulevard, Anaheim, California STAFF PRESENT: William Sell, Acting Zoning Administrator David See, Senior Planner Mark Gordon, Deputy City Attorney Sandip Budhia, Associate Engineer Kim Wong, Assistant Planner Jessica Nixon, Assistant Planner Pat Chandler, Senior Secretary AGENDA POSTING: A complete copy of the Zoning Administrator Agenda was posted at 4:00 p.m. on September 8, 2006 inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. PUBLISHED: Anaheim Bulletin Newspaper on Thursday, August 16, 2006 PUBLIC HEARING ITEMS PUBLIC COMMENTS ADJOURNMENT H: 406.doc • • SEPTEMBER 14, 2006 ZONING ADMINISTRATOR ACTION AGENDA PUBLIC HEARING: 1a. CEQA CATEGORICAL EXEMPTION -CLASS 11 1b. VARIANCE NO. 2006-04694 OWNER: Commercial Family Limited Partnership P.O. Box 1266 Anaheim, CA 92815 Attn: Catherine Lewis LOCATION: 711 East La Palma Avenue -Anaheim -Fullerton Self- Storage: Property is approximately 1.68 acres, having a frontage of 76 feet on the north side of La Palma Avenue a maximum depth of 1,042 feet, located 268 feet east of the centerline of Pauline Street. Waiver of maximum letter height to construct wall signs for an existing self- storage facility. This item was not discussed. ZONING ADMINISTRATOR RESOLUTION NO. Continued to September 28, 2006 15 day appeal period Project Planner: (jnixon@anaheim.net) SrVAR2006-04694jkn.doc William Sell, Acting Zoning Administrator, opened the public hearing. Jessica Nixon, Assistant Planner, introduced Item No. 1. THE PUBLIC HEARING WAS OPENED. Mark Gordon, Deputy City Attorney, stated he has a conflict of interest in the project in that he has served as legal advisor for both staff and the Zoning Administrator and therefore would not be able to participate in the hearing of the project. He recommended the hearing on this project be continued to the September 28, 2006, Zoning Administrator Meeting in order to allow an alternate legal advisor to serve in the hearing. Applicant's Testimony: Catherine Lewis, Commercial Family Limited Partnership, P.O. Box 1266, Anaheim, CA, asked if anyone could offer any comments that she should be concerned about on the project. Mr. Sell stated because a request to continue the project had been presented it prohibited the disclosure of any information on the project. No one else wished to speak and no opposition was received regarding this item. THE PUBLIC HEARING WAS CLOSED. Mr. Sell concurred with staff and continued the hearing until the September 28, 2006, Zoning Administrator Meeting in order to allow an alternate legal advisor to serve on the project. Page 2 ACZA091406. DOC • • SEPTEMBER 14, 2006 ZONING ADMINISTRATOR ACTION AGENDA 2a. CEQA NEGATIVE DECLARATION 2b. VARIANCE N0.2006-04684 2c. TENTATIVE PARCEL MAP N0.2005-290 OWNER: North Anaheim Associates, LLC 3185 Pullman Avenue Costa Mesa, CA 92626 Attn: Brian Malliet AGENT: Development Resource Consultant 8175 East Kaiser Boulevard Anaheim, CA 92808 LOCATION: 1129 -1193 North Kemp Street: Property is approximately 20 acres, having a frontage of 183 feet on the west side of Kemp Street, a maximum depth of 377 feet, located 448 feet north of the centerline of La Palma Avenue. VARIANCE N0.2006-04684 -Request to waive the requirement for a lot front on a public or private street. TENTATIVE PARCEL MAP N0.2005-290 -Request to establish a 12 lot industrial subdivision and a 4 unit airspace industrial subdivision for one of the parcels. ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-20 Concurred with staff Approved, with additions Approved VAR - 15 day appeal period TPM -10 day appeal period Project Planner: (kwong2@anaheim.net) SrVAR2006-04684kw.doc S rSU BTPM2006-00290kw.doc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 2 and stated access for Kemp Street is an issue that has come up in previous hearings, and recognizing that this is a Phase 2 development that does not abut Kemp Street, staff recommends a new condition that the driveways be closed off at the south end of Phase 2 with fencing or barriers, etc. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Brian K. Malliet, 3185 Pullman Avenue, Costa Mesa, CA, concurred with the staff report dated September 14, 2006, and therefore had no comments. Mr. Sell stated he visited the subject property and observed the aesthetic appearance of Phase 1 therefore, he wondered if Phase 2 would be similar. Mr. Malliet responded Phase 2 would be identical. Page 3 ACZA091406. DOC • • SEPTEMBER 14, 2006 ZONING ADMINISTRATOR ACTION AGENDA Mr. Sell stated as the phases continued they were getting closer to a mixture of residential and industrial use in close proximity to each other, so he asked that they be sensitive to the residential element, particularly in regards to construction hours and dust control, etc. He referred to staff and asked that they establish construction hours or dust control, etc. associated with the project. Sandip Budhia, Associate Engineer, stated the Public Works and Transportation Department ask that the construction area and trucks used in construction frequently follow the water down policy during work hours. Mr. Malliet stated he has been made aware of the City's policy and regulations during construction phases, therefore they have trucks on site approximately 10 times a day to water down dust and also City employees come out and check to see if the policy is being followed many times a day or just being responsive to anything that might come up. Mr. Sell asked if they are still following the standard procedure for hours of construction. Mr. Malliet responded yes, work hours are from 7:00 to 3:30 p.m. Mr. Sell wished to be assured that construction for this particular phase was coming off of Patt Street. Mr. Malliet responded the only construction issue coming up with Kemp Street is that they have a construction office which the contractors work out of and therefore their cars are driven in and out of the work area. Also, there is a fence gated in that work area and a fence gated at the end. However, the fence gated at the end is never used. The other fence is used for the ingress and egress of water trucks to the water tank. Additionally, at one point they had soil issues so for about a week they had trucks coming in one side and going out the other side to haul the soils to an off site location. Mr. Sell reiterated that it is really a sensitive issue to the neighborhood. Mr. Malliet responded they are in regular contact with a very concerned citizen and have his name and number upon their board. Also, the citizen visits the site and talks with their two superintendents and they have exchanged cell phone numbers so that if any issue comes up they have developed such a relationship. Dave See stated Condition No. 1 of Tentative Parcel Map No. 2006-290 indicates Parcel 1 on the fourth line, and it should be changed to Parcel 2. No one else wished to speak and no opposition was received regarding this item. THE PUBLIC HEARING WAS CLOSED. Mr. Sell concurred with staffs recommendations and approved CEQA Negative Declaration, Variance No. 2006-04684, and Tentative Parcel Map No. 2005-290. He stated the decision would be written and signed no later than 7 days from the date of the meeting. The decision for Variance No. 2006-04684 would be final after the appeal period expires 15 days following the date of the written decision and, the decision for Tentative Parcel Map No. 2005-290 would be final after the appeal period expires 10 days following the date of the decision. At today's meeting, a new condition was added to Variance No. 2006-04684 as follows: 4. (Added at the public hearing] That a vehicular barrier shall be provided at the terminus of each driveway abutting the south property line of the subject property, thereby eliminating direct vehicular access to Kemp Street. Page 4 ACZA091406. DOC • SEPTEMBER 14, 2006 ZONING ADMINISTRATOR ACTION AGENDA At today's meeting, modifications were made to Tentative Parcel Map N0. 2005-290 as follows: That the legal property owner shall execute an unsubordinated restricted covenant concerning the proposed shared driveways. The unsubordinated restricted covenant shall include provisions for the maintenance of the driveway and recordation of an ingress/egress easement for the benefit of Parcel 2. The unsubordinated restricted covenant shall be in a form approved by the City Attorney's Office and shall be recorded concurrently with the Parcel Map. 3. ITEMS OF PUBLIC INTEREST: None Page 5 ACZA091406. DOC