Resolution-ZA 2005-07•
DECISION NO. ZA 2005-7
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING TENTATIVE PARCEL MAP NO. 2005-123
OWNER: BKM Development Co., LLC
1945 Placentia Avenue
Costa Mesa, CA 92627
Attention: Brian Malliet
AGENT: Development Resource Consultants
8175 East Kaiser Boulevard
Anaheim, CA 92808
Attention: Rene Varga
LOCATION: 1363 South State College Boulevard. Property consisting of 2.4 acres located at the
southwest corner of Winston Road and State College Blvd., with frontages of 190 feet on the
south side of Winston Road and 574 feet on the west side of State College Blvd.
CEQA STATUS: CEQA Categorical Exemption -Class 15 (Minor Land Divisions)
HEARING DATE: March 31, 2005, continued to the meeting of April 14, 2005
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no
correspondence was received in opposition.
REQUEST: To establish a 3-lot, 4-unit, industrial subdivision in the I (Industrial) Zone.
Having been appointed Zoning Administrator by the Planning Director, to decide the above-referenced
petition pursuant to Anaheim Municipal Code Section 18.60.020 (Establishment of Zoning Administrator
Position), and a public hearing having been duly noticed for and held on the date set forth above, I do hereby
find:
That the proposed parcel map is consistent with the applicable General Plan.
2. That the design and/or improvement of the proposed subdivision, as conditioned herein, is
consistent with the applicable General Plan.
3. That the design of the subdivision, or the proposed improvements, are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
4. That the design of the subdivision, or the type of improvements, are not likely to cause serious
public health problems.
5. That the design of the subdivision, or the type of improvements, will not conflict with easements,
acquired by the public at large for access through, or use of the property within, the proposed subdivision.
6. That the existing ±5-foot deep landscaped setback along State College Boulevard is a legal
nonconforming setback (20-foot landscaped setback required along an arterial highway) for the existing
19,885 square foot building, as specified in paragraph 18.56.040.020.0201 of the Zoning Code (pertaining to
the continuation of legally nonconforming non-residential structures).
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7. That any new construction, such as the building which is conceptually illustrated on Parcel No. 3
of the tentative parcel map, is required to comply with all applicable zoning and development standards for
the I (Industrial) Zone, including a 20-foot landscaped setback along State College Boulevard, as specified in
subparagraph 18.10.060.020.0201.02 of Chapter 18.10 (Industrial Zone) (pertaining to required landscaped
setbacks along arterial highways) and Section 18.56.020 (Expansion of Use or Building) of Chapter 18.56
(Nonconformities) which specifies that "For non-residential... uses, any expansion of the use or building, or
change to a use that requires more parking, the expansion or change shall comply with the provisions of
Chapter 18.42 (Parking and Loading) and Chapter 18.46 (Landscaping and Screening)" of the Zoning Code;
and that, therefore, in connection with any construction on Parcel No. 3, the existing +5-foot wide landscaped
planter shall be widened to 20 feet in connection with such new construction unless a variance pursuant to
Chapter 18.74 is first approved waiving said requirement.
8. That the new construction, which is conceptually illustrated on this tentative parcel map, will
almost double the building square footage on this site (from 19,885 sq.ft. to more than 36,000 sq.ft.) and will
proportionally increase the traffic generated by the property; and that, therefore, the existing driveway on
Winston Road, which is located at the corner radius of the intersection of Winston Road and State College
Boulevard (a primary arterial highway) and which does not comply with Engineering Standard Detail No. 473
(Driveway Location Planning), shall be relocated as required by the City Engineer to minimize conflicts
between users of the parking area and users of the abutting street system.
Based on the evidence and testimony presented to me, I do hereby determine to approve Tentative Parcel
Map No.2005-123, subject to the following conditions:
1. That the legal owner of the subject property shall provide the City of Anaheim with an easement for
public utilities to be determined as electrical design is completed.
2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for
a corner cutoff at State College Boulevard and Winston Road, and eight (8) feet of additional right-of-
way along Winston Road for road, public utilities and other public purposes. Said easement shall be
thirty-eight (38) feet in width from the centerline of the street along Winston Road.
3. That the legal property owner shall irrevocable offer to dedicate to the City of Anaheim (Water
Engineering Division) an easement twenty (20) feet in width for water service mains and/or an
easement for large meters and other public water facilities.
4. That concurrently with recordation of the Final Parcel Map, an unsubordinated restricted covenant
providing reciprocal access and parking, as approved by the City Traffic and Transportation Manager
and the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the
Planning Department. In addition, provisions shall be made in the covenant to guarantee that the entire
complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicle
circulation, signage, landscaping, maintenance, land usage and architectural contro{, and that the
covenant shall be referenced in all deeds transferring all or any part of the interest in the property.
That an unsubordinated restrictive covenant prohibiting outdoor storage for this industrial complex shall
be submitting to the Development Services Division of the Planning Department and approved by the
City Attorney's Office. Provisions shall be made in the covenant to require that any storage of products,
and/or any activities related to such storage, shall be limited to building interiors.
6. That an improvement certificate shall be placed on the Final Parcel Map to indicate that all street
improvements required by the Planned Roadway Network Map and applicable Public Works Standard
Details shall be constructed prior to final building and zoning inspections in connection with future
building and development permits.
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7. That a final map to record the division of subject property, as approved for a three (3) lot, four (4) unit,
industrial subdivision, shall be submitted to and approved by the City of Anaheim and the Orange County
Surveyor. Following approval and prior to issuance of any building permit, the Final Parcel Map shall be
recorded in the Office of the Orange County Recorder.
That the property owner shall submit a letter to the Development Services Division requesting
termination of Conditional Use Permit No. 2002-04615 (to permit and retain an existing outdoor storage
yard in conjunction with a file/flooring business).
That a minimum twenty (20) foot wide landscaped setback shall be provided along the State College
Boulevard frontage of the most southerly proposed parcel (Parcel No. 3) in accordance with
subparagraph 18.10.060.020.0201.02 (pertaining to required landscaped setback along an arterial
highway) of Chapter 18.10 (Industrial Zone) and Section 18.56.020 (Expansion of Use or Building) of
Chapter 18.56 (Nonconformities) of the Anaheim Municipal Code unless the applicant applies for and is
granted approval of a waiver of said minimum landscaped setback in accordance with Chapter 18.74
(Variances).
If the applicant does not obtain approval of a variance granting a landscaped setback waiver for a new
building to be constructed on Parcel No. 3, the applicant shall submit a site plan for Parcel No. 3 to the
Development Services Division for review and approval, showing the minimum required twenty (20) foot
landscaped setback along State College Boulevard, the proposed building including its total square
footage, and the required number of parking spaces to illustrate that compliance with the Zoning Code
development standards can be achieved. A copy of the approved site plan shall be retained by the
Planning Department as part of the record for this tentative parcel map.
10. That the existing driveway on Winston Road (shown on the tentative map as being located at the corner
radius of the intersection of Winston Road and State College Boulevard) shall be relocated in
accordance with Engineering Standard Detail No. 473 (Driveway Location Planning) as required by the
City Engineer.
11. That prior to Final Parcel Map approval, Condition Nos. 2, 3, 4, 5, 6, 7, 8, 9 and 10, above-mentioned,
shall be complied with.
12. 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 21S' day of April 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) davs of the date of the signing of this decision or
unless members of the City Council request to review this decision within seven (7) days of the signing of
this decision.
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 this decision to the applicant and did forward a
copy to the City Clerk.
DATE: April 21, 2005 ~~~ ~~~%~ t~~' C~,
Pat Chandler, Senior Secretary
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