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Resolution-ZA 1996-30~, • 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; za96-151.wp -lof3- ZA 96-30 • • 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. za96-151.wp - 2 of 3 - ZA 9C-30 r • 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 za96-151.wp -3of3- ZA 94-30