Resolution-ZA 2003-36
DECISION NO. ZA 2003-36
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04576
OWNER: Michael Birney
1391 Allec Street
Anaheim, CA 92805
AGENT: Patrick Andersen
18111 Von Karmen Avenue, Suite 600
Irvine, CA 9 2612
LOCATION: 2110-2220 East Winston Road
HEARING DATE: September 18, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Petitioner requests waiver of the following to construct 16 new industrial buildings in the
ML (Limited Industrial) Zone:
Sections 18.12.060.040 - Maximum structural height adjacent to a residential zone boundary.
and 18.61.062.011 (maximum building height shall not exceed'/2 the setback between industrial
buildings and any residential zone boundary: 33-foot high buildings required
to be setback 66 feet from residential zoning;
33-foot high buildings proposed to be setback 8 inches from RS-A-43,000
(Residential/Agricultural) zoning to the south)
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 are special circumstances applicable to the property consisting of its location and
surroundings which do not apply to other identically zoned properties in the vicinity because the adjacent
property to the south is developed with an industrial use (Neville Chemical) although the zoning is RS-A-
43,000.
2. That strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity because industrial buildings are
typically permitted to abut interior property lines when the adjacent development is also industrial.
3. That the Anaheim General Plan Land Use Element designates this area for General
Industrial land uses and that, except for the RS-A-43,000 zoned property to the south of subject property,
all the adjoining and nearby parcels are zoned ML.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning
Administrator has reviewed the proposal for waiver of maximum structural height adjacent to a residential
zone boundary to construct 16 new industrial buildings 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
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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.
2003-04576, subject to the following conditions:
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 behind the required street setback in a manner fully
screened from all public streets.
3. That because this project has a landscaping area exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
(Landscape Water Efficiency) of the Anaheim Municipal Code and Ordinance No. 5349 regarding
water conservation. Said information shall be specifically shown on the plans submitted for building
permits.
4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water
Engineering Division) a twenty (20) foot wide easement for water service mains and/or an easement
for large meters and other public water facilities.
5. That prior to application for water meters, fire lines or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Department, Water Engineering
Division, an estimate of the maximum fire flow rate and maximum day and peak hour water demand
for the project.
6. That the developer/owner shall submit a set of improvement plans for Water Engineering review
and approval in determining the conditions necessary for providing water service to the project.
7. That the developer/owner shall submit a drainage study, prepared by a registered professional
engineer in the State of California, to the Public Works Department for review and approval by the
City Engineer.
8. That the developer/owner shall submit a sewer study, prepared by a registered professional
engineer in the State of California, to the Works Department for review and approval by the City
Engineer.
9. That the developer/owner shall submit a Water Quality Management Plan (WQMP) to the Public
Works Department, Development Services Division, for review and approval.
10. That Winston Road shall be improved to public street standards with a four (4) foot wide sidewalk
and an eight (8) foot wide parkway, in accordance with Engineering Standard Detail No. 101-E.
11. That the legal property owner shall provide the City of Anaheim with a public utilities easement
across the property to be determined as electrical design is completed. Said easement shall be
submitted to the City of Anaheim prior to connection of electrical service.
12. That any required relocation of city electrical facilities shall be at the developer's expense.
Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall
be shown on the plans submitted for building permits.
13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
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14. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval by the City Traffic and
Transportation Manager prior to issuance of a building permit.
15. That the driveways on Winston Road shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137.
16. That the developer shall prepare and provide aright-of-way construction estimate for
implementation of a northbound right-turn lane at the Sunkist Street/Ball Road intersection. The
developer shall deposit this project's fair share (6.6% of total cost) with the City of Anaheim for
future improvements at this intersection.
17. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436,
601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
18. That the developer shall comply with Chapter 14.60 (Transportation Demand) of the Anaheim
Municipal Code, Ordinance No. 5209 and Resolution No. 91 R-89 relating to the Transportation
Demand Management (TDM} by providing on-site taxi and shuttle bus loading zones, by joining and
financially participating in the ATN and Clean Fuel Shuttle Program, and by installing bicycle racks.
19. 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 building permits.
20. 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.
21. 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. Said turn-around area shall be specifically shown on the plans submitted
for building permits.
22. That any roof-mounted equipment shall be subject to Anaheim Municipal Code Section
18.61.030.100. Such information shall be specifically shown on the plans submitted for building
permits.
23. That three (3) foot high address numbers shall be displayed on the building roof(s) in a contrasting
color to the roof material. The numbers shall not be visible to the street or adjacent properties.
24. That the landscape planters shall be permanently maintained with live and healthy plants.
25. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
26. 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 Nos. 1 through 3, and as conditioned herein.
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27. That prior to issuance of a building permit or within a period of one (1) year from the date of this
decision, whichever occurs first, Condition Nos. 1, 3, 4, 5, 6, 7, 8, 9, 11, 12, 16, 17, 19, 20, 21 and
22, 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.
28. That prior to final building and zoning inspections, Condition Nos. 2, 10, 15, 18, 23 and 26,
above-mentioned, shall be complied with.
29. 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 25~h day of September, 2003.
11~~-~- G G~ -
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: September 25, 2003
nielle C. M ciel, ord Processing Operator
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