Resolution-ZA 2008-19RESOLUTION NO. ZA2008-19
..............
SOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND
APPROVING TENTATIVE PARCEL MAP N0.2007-137
(5410 - 5418 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Zoning Administrator did receive an application for
Tentative Parcel Map No. 2007-137 for certain real property situated in the City of Anaheim,
County of Orange, State of California shown on Exhibit A, attached hereto and incorporated
herein by this reference; and
WHEREAS, the Zoning Administrator did hold a public heazing at the Civic Center
in the City of Anaheim on November 13, 2008, 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 tentative parcel map 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:
1. That the proposed subdivision, including its design and improvements, is consistent
with the Low Intensity Office land use designation in the Anaheim General Plan and the
development standazds contained in the Northeast Area Specific Plan, Development Area 2
(Expanded Industrial Area).
2. That the site is physically suitable for the type and density of the proposed medical
office subdivision.
3. 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, as the site is
currently developed and no expansion of the building is proposed as part of this subdivision.
4. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems, as the site is currently developed and no expansion of the
building is proposed as part of this subdivision.
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.
6. That a neighboring property owner spoke at the public hearing with concerns
pertaining to parking issues. The owner also submitted a-mail correspondence dated November
10, 2008 indicating concerns pertaining to pazking issues..
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WHEREAS, 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 approve Tentative Parcel Map No. 2008-137 subject to the conditions
of approval described in Exhibit "B" attached hereto and incorporated by this reference which
aze hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim:
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 declazed invalid or unenforceable by the fmal 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
chazges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all chazges 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 November 13, 2008.. 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
maybe replaced by a City Council Resolution in the event of an appeal.
~~~` ~
ANAHEIM ZONING ADMII~IISTRATOR
ATTEST:
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 November 13, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 qT~ day of
f~oJtw.bcr , 200$.
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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EXHIBIT '`A"
TENTATIVE PARCEL MAP N0.2007-137
_. _. _ _ _
i I
i
LA PALMA AVENUE
0
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ZA2008-19
~Y Source: Recorded Tract Maps and/or City GIS.
Please nSie the accuracy is +/_ 6yc to !ve feet.
EXHIBIT "B"
TENTATIVE PARCEL MAP N0.2007-137
Responsible
COA Conditions of Approval .for
Monitorin
TIMING: PRI ORTOF7NALMAPAPPROVAL;: r;,
1 That an unsubordinated restricted covenant providing Planning
reciprocal access and pazking approved by the Planning
Services Division in a form satisfactory to the City Attorney
shall be recorded with the Office of the Orange County
Recorder. A copy of the covenant shall then be submitted to
the Zoning Division. The covenant shall be referenced in all
deeds transferring all or any part of the interest in the
property.
2 That a maintenance covenant shall be submitted to the Public Public Works -
Works Department and approved by the City Attorney's Development
Office. The covenant shall include provisions for Services
maintenance of private facilities, and a maintenance exhibit.
The covenant shall also include provisions for regulaz
landscape maintenance, the removal of trash, debris and
graffiti within twenty-four (24) hours, and the maintenance of
reciprocal easements and pazking azeas, building exteriors,
signage and trash collection facilities. The covenant shall be
recorded concurrently with the final map.
3 ' That the final map shall be submitted to the City of Anaheim Public Works -
Department of Public Works and the Orange County Surveyor Development
for technical review and verified that all applicable conditions Services
of approval have been complied with and then shall be recorded
in the Office of the Orange County Recorder.
4 That the developer or property owner shall record a use Fire
agreement satisfactory to the City Attorney's office for all
parcels sharing fue protection equipment and associated
appurtenances.
5 The property owner sbal] post a Performance Bond and execute Public Works -
a Subdivision Agreement, in a form approved by the City Development
Attorney for the removal of 4.5 feet of sidewalk adjacent to the Services
curb and installation of parkway landscaping along the frontage
~~
of La Palma Avenue between the curb and existing sidewallc in
conformance to Standazd Detail No. 110-B and 160-A and the
"De artment of Public Works Landsca e and Irrigation Manual
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for Public Street and Highway Rights-of--Way and Easements".
The subdivision agreement shall be submitted to Department of
Public Works, Development Services to be approved by the
City Attorney and City Engineer and then recorded owner
concurrently with the final pazcel map. The property
shall obtain approval of the improvement plans and complete
the required public improvements within 2 yeazs of recordation
of the Parcel Map, prior to occupancy of the remodeled
structure, or conveyance of the first condominium unit,
whichever occurs fast.
That all pazcels shall be assigned street addresses by the Building
Building Division.
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The property owner shall execute and record with the Orange Public Works -
County Recorder a declaration of covenants, conditions and D Servc es nt
restrictions ("CC&Rs") satisfactory to the California
Department of Real Estate creating maintenance obligations,
including compliance with the approved Water Quality
Management Plan, and to establish a financial mechanism(s)
to maintain all of the building exteriors and improvements
located on the property except for (i) the Units which aze
owned by the individual owners and (ii) any exclusive use
easements or other azeas designated for maintenance by the
individual owner of the Unit as specified in the CC&Rs.
Planning
3 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 aze on file
with the Planning Department mazked Exhibit No. 1, and as
conditioned herein.
9 That timing for compliance with conditions of approval may Planning
be amended by the Planning Duector upon a showing of good
cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition(s),
(ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved
development.
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That extensions for further time to complete conditions of
Planning
10
approval may be granted in accordance with Section
im Municipal Code.
h
e
18.60.170 of the Ana
11 That approval of this application constitutes approval of the
e
s Planning
proposed request only to the extent that it cotmhe fig
~ ble
al Zoning Code and any PP
i
i
p
c
Anaheim Mun
City, State and Federal regulations. Approval does not
Proval of
to
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include any action or findings as
ordinance,
hcable
azding any other app
e
t
r
g
the reques
regulation or requirement.
12 That prior to conveyance of the first condominium umt, the
rded in the Office of Public Works -
nt
c
De
approvedfinal pazcel map shall be reco es
Serv
the Orange County Recorder.
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ZA2008-19