Resolution-ZA 2005-23•
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DECISION NO. ZA 20
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2005-04665
OWNER: North Anaheim Assoc., LLC
Brian Malliet
1945 Placentia Avenue
Costa Mesa, CA 92627
AGENT: Greg Cooke
DRC
8175 East Kaiser Boulevard
Anaheim, CA 92808
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LOCATION: 1045 North Kemp Street -Property consisting of 20 acres located between Commercial
Street and a point 448 feet north of the centerline of La Palma Avenue, with frontages of
1,260 feet on the west side of Patt Street and 183 feet on the west side of Kemp Street.
CEQA STATUS: Negative Declaration
HEARING DATE: October 27, 2005, continued from September 15 and September 29, 2005
OPPOSITION: Two people spoke in opposition to the proposal at the public hearing and no
correspondence was received in opposition.
REQUEST: Waiver of the following to establish a 20-lot, 23-unit, airspace subdivision in the "I"
Industrial zone:
Sections 18.74.040.020.0209 - Requirement that all lots front on a public or private
and 18.92.150 street.
(19 lots proposed to fronton private access ways)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.74.040 (Approval Authority), to decide the above-referenced petition and a public hearing
having been duly noticed for and held on the dates set forth above, I do hereby find:
1. That this item was continued from the September 15 and September 29, 2005, Zoning
Administrator meetings in order for staff to address a neighborhood resident's concerns about potential
industrial traffic along Kemp Street, and also to provide information regarding the truck terminal at the
northwest corner of La Palma Avenue and Kemp Street (Atcheson's Express at 201 East La Palma
Avenue).
2. That the subject property is vacant and zoned "I" Industrial; and that the Anaheim General Plan
designates the property for Industrial land uses.
3. That adjoining and nearby properties to the east (across Patt Street), north and west (northerly
portion} are also designated for Industrial land uses; that the properties to the south and west (southerly
portion) are designated for Mixed Use land uses; and that the properties to the southeast across Kemp
Street are designated for Medium Density Residential land uses.
ZAdec2005-23.doc - 1 of 4 - ZA 2005-23
• •
4. That the requested variance is for 19 lots that will front on private access ways that do not meet
the City of Anaheim's private street standards; and that staff recommended approval of this waiver on the
basis that the proposed driveways, access ways and parking configuration will provide adequate on-site
vehicle circulation between each lot and Patt Street (an adjacent public industrial street) provided that an
unsubordinated restricted covenant is recorded for reciprocal access and parking for the entire integrated
industrial complex.
5. That a memorandum from the City of Anaheim Redevelopment Agency attached to the Staff
Report to the Zoning Administrator dated October 27, 2005, indicates that staff has been working with this
development team regarding business attraction efforts and also with several Anaheim-based
businesses that are relocating and/or expanding, including some companies that are being displaced from
the Platinum Triangle; and that this site is within the Merged Redevelopment Project Area and the
Redevelopment Agency believes that this project is consistent with the Redevelopment Plan and that this
project will assist in eliminating blight conditions and providing a mix of land uses and new employment
opportunities.
6. That there are special circumstances applicable to the property consisting of its size, location
and surroundings, which do not apply to other identically zoned properties in the vicinity because adequate
vehicle circulation will be provided throughout the subdivision and that, as conditioned herein and in
Tentative Parcel Map No. 2005-147 (which was considered concurrently with this variance), the entire
integrated industrial complex will be tied together by an unsubordinated restricted covenant providing
reciprocal access and parking.
7. That the requested waiver, as conditioned herein and in Tentative Parcel Map No. 2005-147,
will not be materially detrimental to the public welfare nor injurious to the property or improvements in the
vicinity and zone in which this property is located.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2005-04665, subject to the following conditions:
That prior to issuance of any building permit for the proposed industrial subdivision, any existing
easements which conflict with the proposed building(s) shall be the abandoned.
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 be available for City 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 identified in the Master Plan for Drainage shall be
maintained. The Study shall include (a) an analysis of 10-, 25-and 100-year storm frequencies and
(b) an analysis of all drainage impacts to the existing storm drain system based upon the ultimate
project build-out condition, and shall (c) 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 prior to issuance of a building permit, the developer shall submit landscape and irrigation plans
for the public parkway along Patt Street. Such plans shall be included with the street improvement
plans for review and approval by Planning and Public Works Departments. Bonds shall be posted
with the City of Anaheim, as required by the Public Works Department, to guarantee completion of
said improvements.
ZAdec2005-23.doc - 2 of 4 - ZA 2005-23
• •
5. That the applicant shall pay City of Anaheim Sewer Impact Mitigation fee for the Old Town/ Basin 8
Area.
6. That the applicant shall submit a Water Quality Management 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.
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
7. That prior to issuance of any certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project Water Quality Management Plan
("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 is available on-
site.
• Submit an Operation and Maintenance Plan for all structural BMPs to the City for review and
approval.
That a Save Harmless in Lieu of Encroachment agreement for connection of a private storm drain to a
public storm drain shall be executed and recorded.
That the developer shall remove the existing unnecessary driveway approaches and replace them with
curbs, gutters, parkway landscaping and sidewalks, and shall obtain aRight-of-Way Construction
Permit from the Development Services Division of the Public Works Department.
10. That the sanitary sewers and storm drains for this development shall be privately maintained.
11. That a Lot Line Adjustment shall be submitted to the Public Works Department, Development Services
Division, for review and approval, to remove any existing property lines that do not meet building and
zoning setback requirements for new building construction. Prior to issuance of any building permits for
new buildings located over any existing property lines, the Lot Line Adjustment shall be approved by the
City Engineer and then be recorded in the office of the Orange County Recorder.
12. That prior to issuance of the first building permit, the developer shall submit a project sewer study to the
Public Works Department for review and approval by the City Engineer.
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 no required parking areas shah be fenced or otherwise enclosed for storage or other outdoor
uses.
ZAdec2005-23.doc - 3 of 4 - ZA 2005-23
•
•
15. That within a period of one (1) year from the date of this decision or prior to issuance of a building
permit, whichever occurs first, Condition Nos. 1, 4, 5, 11, 12 and 13, above-mentioned, shall be
complied with. Extensions for further time to complete said 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.
16. That prior issuance of any certificate of occupancy, Condition Nos. 7 and 9, above-mentioned, shall be
complied with.
17. That prior to approval of a grading plan or prior to issuance of a building permit, whichever occurs first,
Condition Nos. 2, 3, 6 and 8, above-mentioned, shall be complied with.
18. 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 3`d day of November 2005.
~' ~ ~"~
Annika M. Santalahti, oning 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 fifteen (15) da r~s of the date of the signing of this
decision or unless members of the City Council request to review this decision within twelve (12) 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.
MAILING DATE: November 3, 2005
Pat Chandler, Senior Secretary C - V
ZAdec2005-23.doc - 4 of 4 - ZA 2005-23
DECISION NO. ZA 2005-23
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.2005-04665
OWNER: North Anaheim Assoc., LLC
Brian Malliet
1945 Placentia Avenue
Costa Mesa, CA 92627
AGENT: Greg Cooke
DRC
8175 East Kaiser Boulevard
Anaheim, CA 92808
LOCATION: 1045 North Kemp Street -Property consisting of 20 acres located between Commercial
Street and a point 448 feet north of the centerline of La Palma Avenue, with frontages of
1,260 feet on the west side of Patt Street and 183 feet on the west side of Kemp Street.
CEQA STATUS: Negative Declaration
HEARING DATE: October 27, 2005, continued from September 15 and September 29, 2005
OPPOSITION: Two people spoke in opposition to the proposal at the public hearing and no
correspondence was received in opposition.
REQUEST: Waiver of the following to establish a 20-fot, 23-unit, airspace subdivision in the "I"
Industrial zone:
Sections 18.74.040.020.0209 - Requirement that all lots front on a public or private
and 18.92.150 street.
(19 lots proposed to front on private access ways)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.74.040 (Approval Authority), to decide the above-referenced petition and a public hearing
having been duly noticed for and held on the dates set forth above, I do hereby find:
1. That this item was continued from the September 15 and September 29, 2005, Zoning
Administrator meetings in order for staff to address a neighborhood resident's concerns about potential
industrial traffic along Kemp Street, and also to provide information regarding the truck terminal at the
northwest corner of La Palma Avenue and Kemp Street (Atcheson's Express at 201 East La Palma
Avenue).
2. That the subject property is vacant and zoned "I" Industrial; and that the Anaheim General Plan
designates the property for Industrial land uses.
3. That adjoining and nearby properties to the east (across Patt Street), north and west (northerly
portion) are also designated for Industrial land uses; that the properties to the south and west (southerly
portion) are designated for Mixed Use land uses; and that the properties to the southeast across Kemp
Street are designated for Medium Density Residential land uses.
ZAdec2005-23.doc - 1 of 4 - ZA 2005-23
• •
4. That the requested variance is for 19 lots that will fronton private access ways that do not meet
the City of Anaheim's private street standards; and that staff recommended approval of this waiver on the
basis that the proposed driveways, access ways and parking configuration will provide adequate on-site
vehicle circulation between each lot and Patt Street (an adjacent public industrial street) provided that an
unsubordinated restricted covenant is recorded for reciprocal access and parking for the entire integrated
industrial complex.
5. That a memorandum from the City of Anaheim Redevelopment Agency attached to the Staff
Report to the Zoning Administrator dated October 27, 2005, indicates that staff has been working with this
development team regarding business attraction efforts and also with several Anaheim-based
businesses that are relocating and/or expanding, including some companies that are being displaced from
the Platinum Triangle; and that this site is within the Merged Redevelopment Project Area and the
Redevelopment Agency believes that this project is consistent with the Redevelopment Plan and that this
project will assist in eliminating blight conditions and providing a mix of land uses and new employment
opportunities.
6. That there are special circumstances applicable to the property consisting of its size, location
and surroundings, which do not apply to other identically zoned properties in the vicinity because adequate
vehicle circulation will be provided throughout the subdivision and that, as conditioned herein and in
Tentative Parcel Map No. 2005-147 (which was considered concurrently with this variance), the entire
integrated industrial complex will be tied together by an unsubordinated restricted covenant providing
reciprocal access and parking.
7. That the requested waiver, as conditioned herein and in Tentative Parcel Map No. 2005-147,
will not be materially detrimental to the public welfare nor.injurious to the property or improvements in-the
vicinity and zone in which this property is located.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2005-04665, subject to the following conditions:
That prior to issuance of any building permit for the proposed industrial subdivision, any existing
easements which conflict with the proposed building(s) shall be the abandoned.
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 ("NO!") 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.
3. 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 Hydro-ogy Manual and the applicable City of Anaheim Master Plan of Drainage for
the project area. All drainage sub-area boundaries identified in the Master Plan for Drainage shall be
maintained. The Study shall include (a) an analysis of 10-, 25-and 100-year storm frequencies and
(b) an analysis of all drainage impacts to the existing storm drain system based upon the ultimate
project build-out condition, and shall (c) 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 prior to issuance of a building permit, the developer shall submit landscape and irrigation plans
for the public parkway along Patt Street. Such plans shall be included with the street improvement
plans for review and approval by Planning and Public Works Departments. Bonds shall be posted
with the City of Anaheim, as required by the Public Works Department, to guarantee completion of
said improvements.
ZAdec2005-23.doc - 2 of 4 - ZA 2005-23
• •
That the applicant shall pay City of Anaheim Sewer Impact Mitigation fee for the Old Town/ Basin 8
Area.
6. That the applicant shall submit a Water Quality Management 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.
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
7. That prior to issuance of any certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project Water Quality Management Plan
("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 is available on-
site.
• Submit an Operation and Maintenance Plan for all structural BMPs to the City for review and
approval
8. That a Save Harmless in Lieu of Encroachment agreement for connection of a private storm drain to a
public storm drain shall be executed and recorded.
That the developer shall remove the existing unnecessary driveway approaches and replace them with
curbs, gutters, parkway landscaping and sidewalks, and shall obtain aRight-of-Way Construction
Permit from the Development Services Division of the Public Works Department.
10. That the sanitary sewers and storm drains for this development shall be privately maintained.
11. That a Lot Line Adjustment shall be submitted to the Public Works Department, Development Services
Division, for review and approval, to remove any existing property lines that do not meet building and
zoning setback requirements for new building construction. Prior to issuance of any building permits for
new buildings located over any existing property lines, the Lot line Adjustment shall be approved by the
City Engineer and then be recorded in the office of the Orange County Recorder.
12. That prior to issuance of the first building permit, the developer shall submit a project sewer study to the
Public Works Department for review and approval by the City Engineer.
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 no required parking areas shall be fenced or otherwise enclosed for storage or other outdoor
uses.
ZAdec2005-23.doc - 3 of 4 - ZA 2005-23
15. That within a period of one (1) year from the date of this decision or prior to issuance of a building
permit, whichever occurs first, Condition Nos. 1, 4, 5, 11, 12 and 13, above-mentioned, shall be
complied with. Extensions for further time to complete said 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.
16. That prior issuance of any certificate of occupancy, Condition Nos. 7 and 9, above-mentioned, shall be
complied with.
17. That prior to approval of a grading plan or prior to issuance of a building permit, whichever occurs first,
Condition Nos. 2, 3, 6 and 8, above-mentioned, shall be complied with.
18. 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 3~d day of November 2005.
(..~L,~
Annika M. Santalahti, oning 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 fifteen (15) days of the date of the signing of this
decision or unless members of the City Council request to review this decision within twelve (12) 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.
MAILING DATE: November 3, 2005
`~~~-- P~a.>~ Lam,
Pat Chandler, Senior Secretary ~ - V
ZAdec2005-23.doc - 4 of 4 - ZA 2005-23