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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: Za2003-042.doc - 1 of 4 - ZA2003-42 • • 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 Za2003-042.doc - 2 of 4 - ZA2003-42 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. Za2003-042.doc - 3 of 4 - ZA2003-42 • • 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 Za2003-042.doc - 4 of 4 - ZA2003-42