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Resolution-ZA 2007-06• • RESOLUTION NO. ZA2007-06 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2007-04730 BE GRANTED (1131 NORTH BLUE GUM STREET) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THOSE PORTIONS OF LOTS 159 AND 160 OF THE EUCALYPTUS FOREST TRACT AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGES 29 AND 30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, STATE OF CALIFORNIA, TOGETHER WITH THE SOUTHEASTERLY 20 FEET OF SANTA ANA STREET, ADJOINING SAID LOTS ON THE NORTHWEST, AS VACATED BY THE BOARD OF SUPERVISORS OF ORANGE COUNTY ON JANUARY 16, 1917, AS SHOWN IN MINUTE BOOK 12, PAGE 372, ALSO TOGETHER WITH THOSE PORTIONS OF PARCELS 1, 2 AND 4 OF RESOLUTION NO. 88R-441 RECORDED FEBRUARY 1, 1989 AS INSTRUMENT NO. 89-056701, OFFICIAL RECORDS, VACATING THE STREETS KNOWN AS BLUE GUM WAY AND WHITE STAR AVENUE, LYING NORTHERLY OF THE CENTERLINE OF SAID PARCEL 2, AND NORTHEASTERLY OFT HE SOUTHERLY PROLONGATION OF THE CENTERLINE OF SAID PARCEL 1, BEING THAT PORTION OF SAID VACATED WHITE STAR AVENUE; AND LYING EASTERLY OF THE CENTERLINE OF SAID PARCELS 1 AND 4; BEING THOSE PORTIONS OF SAID VACATED BLUE GUM WAY. EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 126804, A CERTIFIED COPY OF WHICH WAS RECORDED JULY 2, 1965 IN BOOK 7605, PAGE 605, OFFICIAL RECORDS. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on July 5, 2007 at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: That the applicant proposes waiver of the following to expand an industrial building in conjunction with an existing refuse collection and processing facility: SECTION NO. 18.120.060.0902(a) Minimum street setback L feet required; 30 feet proposed) 2. That the requested waiver pertaining to minimum front yard setback is hereby approved since there are special circumstances applicable to the property because of the shape of the property and orientation of the existing building. 3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity since other regularly-shaped properties may be able to accommodate a similar addition. 4. That nobody indicated their presence at said public hearing in opposition. VAR No. 2006-04730.doc -1- ZA2007-06 • • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That the 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 and 2, as conditioned herein. 2. That prior to issuance of a building permit, the developer shall submit street improvement plans to the Public Works Department, Development Services Division, to improve a portion of Blue Gum Street, from Gretta Lane to the adjacent private driveway to the south in conformance with Standard Detail Nos. 111 and 160. No curb relocation is required along Blue Gum Street. The improvements shall be completed prior to occupancy. 3. That all structural BMPs of WQMP shall be reviewed and approved by the City Operation and Maintenance Division. 4. Prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • 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. • 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, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 5. Prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project & Site Specific 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 & Site Specific WQMP • Demonstrate that an adequate number of copies of the approved Project & Site Specific WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 6. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 and 2, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code. -2- ZA2007-06 • • 7. 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. BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of July 5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be repla ed by a City Council Resolution in the event of an appeal. DATE ANAHEIM ZONING ADMINISTRATOR ATTE SENIOR EC RY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 5, 2007. IN WITNESS WHEREOF, I have hereunto et my hand this ~ day of .~ , 2007. S . SE RETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2007-06 City of Ana~m www.anaheim.net PLANNING DEPARTMENT July 11, 2007 Phillip Schwartze 31872 San Juan Creek Circle San Juan Capistrano, CA 92675 CASE NO. VARIANCE NO.2007-04730 Dear Mr. Schwartze: Congratulations! Your application for Variance No. 2007-04730 has been approved by the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by July 26, 2007. If an appeal is not filed, the Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the form(s) and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the decision. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must be met within one. year of approval or prior to obtaining a building permit, whichever occurs first. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a subdivision map, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Elaine Thienprasiddhi at (714) 765-5139 or (email) ethien@anaheim.net. Your planner can help get the right staff members involved to resolve your questions. Thank you for your investment in our community. We look forward to the successful completion of your project. Si ely, ~~ `--~_ Dave See, Senior Planner 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714)765-5139 City of Ana~m PLANNING DEPARTMENT July 11, 2007 Taormina Industries, Inc. 1131 North Blue Gum Street Anaheim, CA 92806-2408 CASE NO. VARIANCE NO. 2007-04730 Dear Taormina Industries, Inc.: • Congratulations! Your application for Variance No. 2007-04730 has been approved by the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by July 26, 2007. If an appeal is not filed, the Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the form(s) and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the decision. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must be met within one year of approval or prior to obtaining a building permit, whichever occurs first. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a subdivision map, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Elaine Thienprasiddhi at (714) 765-5139 or (email) ethien @ anaheim.net. Your planner can help get the right staff members involved to resolve your questions. Thank you for your investment in our community. We look forward to the successful completion of your project. Si rely, ~~- Dave See, Senior Planner 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 www.anaheim.net I TEL (714) 765-5139 • • RESOLUTION NO. ZA2007-06 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR VARIANCE NO. 2007-04730 BE GRANTED (1131 NORTH BLUE GUM STREET) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THOSE PORTIONS OF LOTS 159 AND 160 OF THE EUCALYPTUS FOREST TRACT AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGES 29 AND 30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, STATE OF CALIFORNIA, TOGETHER WITH THE SOUTHEASTERLY 20 FEET OF SANTA ANA STREET, ADJOINING SAID LOTS ON THE NORTHWEST, AS VACATED BY THE BOARD OF SUPERVISORS OF ORANGE COUNTY ON JANUARY 16, 1917, AS SHOWN IN MINUTE BOOK 12, PAGE 372, ALSO TOGETHER WITH THOSE PORTIONS OF PARCELS 1, 2 AND 4 OF RESOLUTION NO. 88R-441 RECORDED FEBRUARY 1, 1989 AS INSTRUMENT NO. 89-056701, OFFICIAL RECORDS, VACATING THE STREETS KNOWN AS BLUE GUM WAY AND WHITE STAR AVENUE, LYING NORTHERLY OF THE CENTERLINE OF SAID PARCEL 2, AND NORTHEASTERLY OFT HE SOUTHERLY PROLONGATION OF THE CENTERLINE OF SAID PARCEL 1, BEING THAT PORTION OF SAID VACATED WHITE STAR AVENUE; AND LYING EASTERLY OF THE CENTERLINE OF SAID PARCELS 1 AND 4; BEING THOSE PORTIONS OF SAID VACATED BLUE GUM WAY. EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 126804, A CERTIFIED COPY OF WHICH WAS RECORDED JULY 2, 1965 IN BOOK 7605, PAGE 605, OFFICIAL RECORDS. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on July 5, 2007 at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: That the applicant proposes waiver of the following to expand an industrial building in conjunction with an existing refuse collection and processing facility: SECTION NO. 18.120.060.0902(a) Minimum street setback (50 feet required; 30 feet proposed) 2. That the requested waiver pertaining to minimum front yard setback is hereby approved since there are special circumstances applicable to the property because of the shape of the property and orientation of the existing building. 3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity since other regularly-shaped properties may be able to accommodate a similar addition. 4. That nobody indicated their presence at said public hearing in opposition. VAR No. 2006-04730.doc -1- ZA2007-06 • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the 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 and 2, as conditioned herein. 2. That prior to issuance of a building permit, the developer shall submit street improvement plans to the Public Works Department, Development Services Division, to improve a portion of Blue Gum Street, from Gretta Lane to the adjacent private driveway to the south in conformance with Standard Detail Nos. 111 and 160. No curb relocation is required along Blue Gum Street. The improvements shall be completed prior to occupancy. 3. That all structural BMPs of WQMP shall be reviewed and approved by the City Operation and Maintenance Division. 4. Prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • 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. • 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, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 5. Prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project & Site Specific 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 & Site Specific WQMP • Demonstrate that an adequate number of copies of the approved Project & Site Specific WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 6. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 and 2, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code. -2- ZA2007-06 • 7. 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. BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of July 5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaped by a City Council Resolution in the event of an appeal. ~` ~~- ~ i- o ~.~.~ DATE ANAHEIM ZONING ADMINISTRATOR ATTE SENIOR E RY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 5, 2007. IN WITNESS WHEREOF, I have hereunto et my hand this _ day of ~- , 2007. ~, S . SE RETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2007-06