Resolution-ZA 1996-30~,
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DECISION NO. ZA 96-30
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING TENTATIVE PARCEL MAP NO. 96-151
AND ALSO APPROVING WAIVER OF CODE SECTION 17.08.390
OWNER CAFIG, INC.
Attention: Jerome M. Ferstman
4420 Sherwin Road
Willoughby, OH 44094
AGENT Juergen Milczewsky
3040 Saturn Street, Suite 201
Brea, CA 92821
LOCATION 522. 600. 602.604 and 708 East Vermont Street
CEQA STATUS: CEQA Categorical Exemptioa, Class 15
HEARING DATE: September 12, 1996
OPPOSITION: No .one indicated their presence at the public hearing in .opposition and no correspondence in
opposition was received.
REQUEST: To establish atwo-lot industrial subdivision with. waiver of Section 17.08.390 of the
Anaheim Municipal Code pertaining to dedication requirements along Vermont Street, as
authorized by Section 17.08.650
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
pand held on the date set forth above, I do hereby find:
L That subject property, zoned ML "Limited Industrial," is developed with eight industrial buildings
ranging in size from 2,400 to 61,440, sq.ft.;
Z. .That the proposed subdivision results in four buildings on Parcel A and four buildings on Parcel B;
3. That, although the proposed subdivision creates one lot with insufficient Code-required parking, the
other parcel has excess parking and a reciprocal parking agreement will be part of the final parcel map,
thereby complying with Code;
4. That the proposed subdivision, together with its design and improvements, is consistent with the City of
Anaheim General Plan and with the applicable ML "Limited Industrial" Zone standards;
S. That. conditional exceptions to the regulations contained in Chapter 17.08 "Subdivisions" may be
granted if exceptional or special circumstances apply to the property; and that the petitioner requests
waiver of Section. 17.08.390 which requires dedication of land within the subdivision for widening of
Vermont Street;
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6. That a special circumstance exists, as required by Section 17.08.650, because (i) subject property is
already fully developed and no further development is contemplated at this time, (ii) when subject
property. was developed, Vermont Street was an alley and no additional dedication was required for
widening, and (iii) if and when new construction or redevelopment of the subject property, or any
portion thereof, is proposed, dedication for additional right-of--way will be required in accordance with
City standards;
7. That the design of the subdivision and the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the
subject property is developed with industrial buildings;
8. That the design of the subdivision and the type of improvements are not likely to cause serious public
health problems; and
9. That the design of the subdivision and the type of improvements will not conflict with easements,
acquired by the public at large, for accessthrough or use of the property within the proposed
subdivision.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to establish atwo-lot industrial subdivision with waiver of Section 17.08.390 of the
Anaheim Municipal Code pertaining to dedication requirements along Vermont Street on a rectangularly shaped
parcel of land consisting of approximately 18.67 acres located at the southwest corner of Vermont Avenue and
Orange Avenue and further described as 522, 600, 602,604 and 708 East Vermont Street; 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 Tentative Parcel Map
No. 96-151, subject to the following conditions:
1. That an unsubordinated restricted covenant providing reciprocal access and parking, approved by the
City Traffic and Transportation Manager and Zoning Division 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 Zoning Division. In addition, provisions shall be made in the
covenant to guarantee that the entire complex shall be managed and maintained as one (i) integral
parcel for purposes of parking, vehicular circulation, signage, maintenance, landscaping, land usage
and architectural control, and that the covenant shall be referenced in all deeds transferring all or any
part of the interest in the property.
2. That trash storage areas shall be provided and maintained in a location acceptable to the Department of
Maintenance and in accordance with approved plans on file with said Department.
3. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Department of Maintenance for review. The plan shall be stamped approved.
4. That an on-site trash truck turnaround area shall be provided.
5. That the appropriate fees due for Fire protection service, shall be paid to the Water Engineering
Division in accordance with the Rules 15A and 20 of the Water Utility Rates, Rules and Regulations.
The assessment fees are due for 600 East Vermont Avenue.
6. That the applicant shall pay all applicable fees. due from the Water Engineering Division for the
secondary main and fire protection on 600 East Vermont Avenue.
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7. That the parcels shall be designated as "Parcel No. 1" and "Parcel No. 2" on the final parcel map.
That if, and when, new construction or redevelopment of the subject property, or any portion thereof,
is proposed, dedication for additional right-of--way along Vermont Street, if applicable, will be required
in accordance with City standards;
9. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 5, 6 and 7, 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 regarding any other applicable ordinance, regulation or requirement.
And further, based on the evidence and testimony presented to me, I do hereby determine to approve a
conditional exception to the regulations contained in Chapter 17.08 "Subdivisions" approving waiver of Section
17.08.390 whereby dedication of land for the widening of Vermont Street is not required at this time.
This decision is made, signed, and entered into the file this 19th day of Spetember 1996.
t _ ~'
a M. Santa h
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 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 10 days.
DECLARATION OF SERVICE BY MAII,: 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.
DATE: September 19, 1996 ~ ~ ~ ~ ~1 c, C- ~ .J~1l~,S c i e
Danielle C. Masciel
Word Processing Operator
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