Resolution-ZA 1993-18~~ • •
DECISION NO. ZA 93-18
A DECISION OF THE ZONING ADMII~IISTRATOR
APPROVING TENTATIVE PARCEL MAP NO. 92 249 AND
WAIVING SECTION 17.08.071 OF THE ANAHEIM MUNICIPAL CODE
PERTAINING TO THE REQUIREMENT TO PREPARE A FINAL PARCEL MAP
OWNER: ASHWILL TRUST
1805 East Garry Avenue #110, Santa Ana, CA 92705
AGENT: ELLWIN ASHWILL
4 Rockledge Road, Laguna Beach, CA 92651
LOCATION: X30 to 1040 North Grove Street
CEQA STATUS: Categorical Exemption, Class 15
DATE OF PUBLIC HEARING: February 18, 1993
OPPOSITION: No one indicated their presence at the public hearing in opposition; and no
correspondence in opposition was received.
REQUEST: Petitioner requests:
(a) Approval of a tentative pazcel map to create a 2-lot industrial condominium
subdivision with 40 airspace condominium units under authority of Section
18.12.045 of the Anaheim Municipal Code; and
(b) Waiver of Section 17.08.071 requiring preparation of a final parcel map.
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 the proposed map is consistent with the applicable General Plan;
2. That the design and/or improvement of the proposed subdivision is consistent with the applicable
General Plan;
3. That the design of the subdivision or the proposed improvements is 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 is 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 lazge, for access through or use of property within the proposed
subdivision; and
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6. That, in accordance with Section 17.08.071 and the recommendations of the Public Works-
Engineering Department, the proposed division of land complies with the requirements
established by the Subdivision Map Act and Chapter 17.08 "Subdivisions" as to azea,
improvement and design, floodwater drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability, environmental protection, and other
requirements of the Subdivision Map Act and Chapter 17.08.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal to create a 2-lot industrial condominium subdivision with 40 airspace
condominium units and waiver of the requirement to prepaze a final pazcel map, on anirregularly-shaped
parcel of land consisting of approximately 2.22 acres, having a frontage of approximately 360 feet on the
east side of Grove Street, having a maximum depth of approximately 352 feet, being located
approximately 510 feet south of the centerline of La Palma Avenue, and further described as 1030 to
1040 North Grove Street; and that the Planning Director or his authorized representative has determined
that the proposed project falls within the definition of Categorical Exemptions, Class 15, as defined in
the State of California Environmental Impact Report (EIR} Guidelines and is, therefore, categorically
exempt from the requirement to prepare an E1R.
Based on the evidence and testimony presented to me, I do hereby determine to APPROVE Tentative
Parcel Map. No. 92-249 and to WAIVE Section 17.08.071, subject to the following conditions:
1. That an unsubordinated Maintenance Covenant, in a form approved by the City Attorney's
Office, shall be recorded. The covenant shall provide for reciprocal access and pazking;
common access and maintenance of site. facilities, including fire lines and hydrants, trash
enclosures; common signage; and coordinated azchitectural control. Said covenant shall include
an exhibit showing the two (2) underlying parcels and the forty (40) proposed airspace
condominium units. The covenant shall be referenced in all deeds transferring all or any part of
the .interest in the property. The proposed covenant shall be submitted to the Zoning Division
and shall be accompanied by a statement from a title company listing all parties that have title
interest in subject property and verifying that there aze no additional encumbrances since the date
the covenant was executed. A copy of the recorded covenant shall be submitted to the Planning
Department.
2. That the legal property owner shall irrevocably offer to dedicate a ten (10) foot water easement
along the north property line. The executed offer of dedication shall be submitted to the Real
Property Section.
3. That plans.. shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with the current versions of Engineering Standazd Plan Nos. 436 and
602 pertaining to pazking standazds and driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
4. That the legal owner of subject property shall. provide the City of Anaheim with a public utility
easement along/across the 12KV underground lines and pad mounted transformer locations.
5. That. trash storage areas shall be provided and maintained for subject property in locations
acceptable to the Maintenance Department and in accordance with approved plans on file with
said department.
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6. That a plan sheet for solid waste storage and collection, and a plan for recycling, for subject
property shall be submitted to the Maintenance Department for review and approval.
7. That a plan shall be submitted to the Maintenance Department for review and approval showing
an acceptable on-site trash truck turnazound. Said turnazound shall then be provided and
thereafter maintained.
8. 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 mazked Exhibit Nos. 1 through 4.
9. That prior to the approval and recordation of the unsubordinated Maintenance Covenant or within
a period of three (3) months from the date of this decision, whichever occurs first, Conditions
Nos. 1, 2, 3, 4, 5, 6, 7 and 8, above-mentioned, shall be complied with.
10. 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 regazding any other applicable ordinance, regulation or requirement.
This decision is made, signed, and entered into the file this twenty-fifth day of February, 1993.
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 10 davs of the date of the signing of
this decision or unless members of the Ciry Council shall request to review this decision within said 10
days.
DECLARATION OF SERVICE BY MAIL: I do hereby declaze 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.
DATED: February 25, 1993 ~~,~~~~~ ~~
Pamela H. Starnes, Administrative Assistant
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