Resolution-ZA 2001-42•
DECISION NO. ZA 2001-42
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING THE CONDITIONS OF APPROVAL OF DECISION NO. ZA2001-39
ADOPTED IN CONNECTION WITH TENTATIVE PARCEL MAP NO. 2001-199
OWNER: John R. Townsend
P.O. Box 1692
Anaheim, CA 92815
LOCATION: 1575-1585 West Broadway
CEQA STATUS: CEQA Categorical Exemption Class 15
HEARING DATE: November 15, 2001
OPPOSITION: No one indicated their presence at the public hearing in opposition to the request, and no
correspondence in opposition.
REQUEST: To amend a condition of approval pertaining to a possible property line adjustment and
tenant improvements in conjunction with a tentative parcel map fora 2-lot industrial
subdivision in ML (Limited Industrial) Zone.
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 on October 9, 2001, Decision No. ZA 2001-39 was adopted by the Zoning Administrator
to grant Tentative Parcel Map No. 2001-199 to establish a 2-lot industrial subdivision in the ML (Limited
Industrial) Zone; and that Condition No. 1 of said Decision reads as follows:
"1. That, as required by the Public Works Department and the Building Division, an improvement
certificate shall be evidenced on the final parcel map requiring (a) that the east property line
of subject property will be removed prior to issuance of permits pertaining to structural
improvements and/or renovations to the existing building on Parcel 2 (excluding tenant
improvements to said building); or (b) that a satisfactory building separation/wall will be
provided between the two portions of the existing legal nonconforming one-story building
which straddles the east property line (1575 West Broadway is on Parcel 2 of subject parcel
map and 1565 West Broadway is on the adjacent property to the east) in compliance with all
applicable city codes and regulations; or (c) that some other means of complying with the
applicable city codes and regulations regarding buildings which straddle property lines is
approved by the Public Works Department and the Building Division."
2. That the applicant has requested modification to said Condition No. 1 to delete the word
"renovations" to remove any ambiguity as to the type of renovations that would be allowed, and to allow for
"roof repair and/or replacement" without having to remove or modify the east property line; and that the
applicant has conferred with city staff regarding the request and staff concurs with the proposed wording of
said Condition No. 1.
3. That this property is developed with two single-story concrete tilt-up industrial buildings; that
proposed Parcel 1 contains a building addressed at 1585 West Broadway; that proposed Parcel 2 contains
the westerly half of a legally nonconforming building addressed at 1575 West Broadway and which building
straddles the east property line (the easterly half of the building is located on the adjacent parcel which is
addressed at 1565 West Broadway).
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4. That the proposed map is consistent with the Anaheim General Plan, including the General
Industrial land use designation.
5. That the design of the proposed subdivision is consistent with the General Plan.
6. That the design of the subdivision is not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
7. That the design of the subdivision or the type of improvements are not likely to cause serious
public health problems.
8. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the property within the proposed
subdivision.
That the site is physically suitable for the type of development.
10. That the site is physically suitable for the existing density of development.
11. That the size and shape of this property is adequate to ensure that the proposed parcels will
conform to the development standards of the underlying ML "Limited Industrial" zone.
12. That the proposed subdivision, as amended herein, will not have an adverse impact on the
surrounding industrial and residential land uses.
Based on the evidence and testimony presented to me, I do hereby determine to amend Decision No. ZA
2001-39 adopted in connection with Tentative Parcel Map No. 2001-199, to amend Condition No. 1 of said
Decision as requested; and do therefore amend, in their entirety, the conditions of approval of Tentative
Parcel Map No. 2001-199 to read as follows:
That, as required by the Public Works Department and the Building Division, an improvement certificate
shall be evidenced on the final parcel map requiring (a) that the east property line of subject property will
be removed prior to issuance of permits pertaining to structural improvements to the existing building on
Parcel 2 (excluding tenant improvements and roof repair and/or replacement to said building); or (b) that
a satisfactory building separation/wall will be provided between the two portions of the existing legal
nonconforming one-story building which straddles the east property line (1575 West Broadway is on
Parcel 2 of subject parcel map and 1565 West Broadway is on the adjacent property to the east) in
compliance with all applicable city codes and regulations; or (c) that some other means of complying
with the applicable city codes and regulations regarding buildings which straddle property lines is
approved by the Public Works Department and the Building Division.
2. That an unsubordinated restricted covenant providing reciprocal access for the purpose of vehicle
circulation including trash collection, approved by the City Traffic and Transportation Manager and the
Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of the
Orange County Recorder. (The proposed parcels will be served by a single driveway on Broadway and
will share a trash collection area, as shown on the tentative parcel map.) 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 both parcels shall share responsibility for maintenance of the driveway
between Broadway and the trash enclosure, and for the maintenance of the trash collection area
including a trash truck turn-around area; and that the covenant shall be referenced in all deeds
transferring all or any part of the interest in the property.
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3. That the shared trash storage area shown on the tentative parcel map, including a trash truck turn-
around area, shall be provided and maintained in a manner acceptable to the Public Works Department,
Streets and Sanitation Division, and in accordance with approved plans on file with said Department.
Said storage area, including the trash truck turn-around area, shall be specifically shown on the final
parcel map.
4. That a maintenance covenant shall be submitted to the Subdivision Section of the Public Works
Department for review and shall be approved by the City Attorney's office. The document shall include
provisions for maintenance of existing common private facilities, common drainage facilities, and
compliance with the approved Water Quality Management Plan ("WQMP").
5. The developer shall submit a Water Quality Management Plan ("WQMP") specifically identifying the best
management practices that will be used on-site to control predictable pollutants from storm water runoff.
The WQMP shall be submitted to Public Works Department, Development Services Division, for review
and approval. The approved WQMP shall be incorporated into the maintenance covenant.
6. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 1962 (permitting the retail sale of sheet music in the ML "Limited Industrial"
Zone).
7. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 5 and 6, above-mentioned, shall be
complied with.
8. 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.
This decision is made, signed, and entered into the file this 21st day of November, 2001.
C~'
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 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 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.
DATE: November 21, 2001 ~~/t-~L~l~c-` ~Q ~~ ~ ~ /J
Patricia Koral, Sr. Word Processing Operator 1 ~~"O-'
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