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ZA 2008/01/17AiVAHElIIfl ZONING ADMIPIISTRATOR AGEPIDA THURSDAY, JANUARY 17, 2008 - 9:30 A.M. Plan-Check Conference Room, City Hall East 200 South Anaheim Boulevard, Anaheim, California Procedure to Expedite Meetinp: The proponents for conditional use permit, variance, admirtistrative use permit, administrative adjustment and tentative parcel map applications which are not contested will have 5 minutes to present their evidence. In contested applications, the proponent(s) and opponent(s) will each have 10 minutes to present their case unless additional time is requested and the complexity of the matter warrants. After the opponent(s) speak, the proponent will have 5 minutes for rebuttal. Before speaking, please give your name and address and sp211 your name. Staff Reports are part of the evidence received by the Zoning Administrator at each hearing. Copies are available to the public prior to and during the meeting. The Zoning Administrator reserves the right to deviate from the foregoing if, in the Administrator's opinion, the ends of fairness to all concerned will be served. All documents presented to the Zoning Administrator for review in connection with any hearing, including photographs or other acceptable visual representations of non-documentary evidence, shall be retained by the City of Anaheim for the public record and shall be available for public inspection. The action taken by the Zoning Administrator on this date regarding conditional use permits, variances and administrative adjustments is final unless, within 15 days of the Zoning Administrators written decision being placed in the U.S. Mail, an,appeal is filed. Any action taken regarding administrative use permits is final unless, within 22 days of the Zoning Administrators written decision being placed in the U.S. Mail, an appeal is filed. Any action taken regarding tentative parcel maps or special circumstance waivers is final unless, within 10 days of the Zoning Administrators written decision being placed in the U.S. Mail, an appeal is filed. Such appeal shall be made at any time following the public meeting and prior to the conclusion of the appeal period. An appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in the amount of $350.00. The City Clerk, upon filing of such an appeal, will set said application for pubiic hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. Before the scheduled public hearings and any other applications on the agenda, members of the public will be allowed to speak on items of interest under "Items of"Public Interest." Such items must be within the jurisdiction of the Zoning Administrator. Each speaker will be allotted a maximum of 3 minutes to speak. Before speaking, please give your name and address and spell your last name. ZA011708.DOC JANUARY 17, 2008 ZONIPIG ADMINISTRATOR AGENDA 1. ITEMS OF PUBUC INTEREST: flAinutes 2. Receiving and approving the Minutes from the Zoning Administrator Meeting of December 6, 2007. Public H ar'n I m: 3a. CEQA CATEGORICAL EXEMPTION - CLASS 15 3b. TENTATIVE PARCEL RflAP NO. 2007-185 OWNER: Cesar Pena 16614 Eureka Avenue 10-day appeal period Paramou~t, CA 90723 Daniel Rosenberg 255 South Euclid Street Anaheim, CA 92802 AGENT: Anacal Engineering 1900 East La Palma Avenue, Suite 202 Anaheim, CA 92805 tOCATION: 255-275 South Euclid Street: Property is approximately 6.7 acres, and is located at the northwest corner of Euclid Street and Broadway Street. Request to subdivide one parcel into three parcels for an existing commercial retail center. ZOPIING ADMINISTRATOR RESOLUTION NO. Project P/anner. Minoo Ashabi (mashabi@anaheim. net) Page 2 ZA011708 JANUARY 17, 2008 ZONfNG ADMINISTRATOR AGENDA CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at e S5 m ~- ~ G-- ~g Location: COUNCIL CHAMBER DISPLAY CASE AND (TIME) (DATE) OUTSIDE DISPLAY KIOSK SIGNED: ~~C~e-<,.-~.e-~- .~~'~'"° If you chailenge any one pf these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or a written correspondence delivered to the Zoning Administrator or City Council at prior to, the pubiic hearing. In compliance with the American With Disabitity Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Page 3 ZA011708 JANUARY 17, 2008 ZONING ADMIPIISTRATOR AGENDA S~i ~ f7 ~~ iJ L G 2~08 1 /31 /08 2/14/08 2/28/08 Remaining dates will be forthcoming. Page 4 ZA011708 Item No. 3 e~ ~ ~m o ~ ~ ~ A T ~ a ICETTLE MOTOR ~ ~ HO~LO B em ~ RM 4 o VILLAGAROENS ~ APARiMENTS 43 DU a ~ RS-2 / 1 DU EACH ~ BRENTWOOD PL RS-2 I DU EACH T GIRL SCOUTS T CHURCH T CHAPARRAL PARK mo ~ w ~ N C ~ ~ ti J z u a <- ~a ~~o ~¢w o ~ ~ 0 e ~ 9 ~ c-c I VACANT CARp ALEP,SHIP C-G CAR DEALERSH IP C-G ~ ~ e w - w ~ ~ H ~ p . ~ U ~~ o ~ CAR WASH ~ W ~ , ., ~~ - TPM 2007-165 ~ ' RCL 56-5739 ' ,- ~ ADJ 0191 ~ ` T-CUP 2004-04931 :~ CUP2004-04866 ~ ~' PCN 2005-00020 r .. .,,, ,. .. ar.Na~ro ..~,,. ~ :, , _ SMALL C-G APPLIANCE S70RE C-G . SMALLSHOPS & REST, ~ =:~ Subject Property I Tentative Parcel Map No. 2007-1fi5 ^ Date: January 17, 2008 I ~ 255-275 South Euclid Street W.FP LfiLlNiAYE ~- ~ ' ~ ~ p ~~ w ' W IIHfALNAVE O vFi r f~ ~ S~ W 9R.'JROWAY ~ y'~'p e 2F 6 Sr j ~ . G' N 10448 Parcel"No. Area acres LandUse + 1 5.4 Shopping Center ( hazmacy and ap liance store) ' 2; 0.7 3'-tenant commercial center ' 3 0.7 Fast food restaurant [DRAFT) ATTACHMENT NO. 1 RESOLUTIONNO. ZA2008-*** A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 2007-165 (255-275 SOUTH EUCLID STREET) WHEREAS, the Anaheim Zoning Administrator did receive an application for Tentative Pazcel Map 2007-165 for certain real property situate in the City of Anaheim, County of Orange, State of California described as: PARCEL 1 AS DESCRIBED IN THAT CERTAIN LOT LINE ADNSTMENT NO. 313, iN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 16, 1994 AS INSTRUMENT NO. 94-0335342 OF OFFICIAL RECORDS OF ORANGE CpUNTY, CALIFORNIA. WHEREAS, the Zoning Administrator did hold a public heazing at the Civic Center in the CiTy of Anaheim on January 17, 2008 at 930 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 1&.60 "Procedures", to hearand consider evidence for and against said proposed variance 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 is consistent with the General Plan and the zone district designation for the property. 2. That the design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements aze not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not 1'akely to cause serious public health problems. ^ 7. That the design of the subdivision or the type of improvements will ntit conflict with easements, acquired by the public at lazge, for access through or use of property within the proposed subdivision. Cr~ZA2008-0 -1- PC2008- 8. That *** indicated their presence at the public heazing in opposition; and that *** correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Zoning Administrator has reviewed the proposal and does hereby find that the project is categorically exempt from CEQA, Class 15, and that no additional environmental documentation is required. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby approve Tentative Parcel Map 2007-165, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject properiy in order to preserve the safety and general welfaze of the Citizens of the City of Anaheim: COA Conditions of Approval Responsible for Monitorin TIMING: PRIOR TO ISSUANCE OF BUILDING PERMIT COA 1 That an unsubordinated restricted covenant providing Planning, Public reciprocal access and pazking approved by the Planning Works - Services Division in a form satisfactory to the City Attomey Development shall be recorded with the Office of the Orange County Services, Ciry Recorder. A copy of the covenant shall then be submitted to Attorney 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 (1) integral pazcel for purposes of parking, vehiculaz circulation, signage, maintenance, land usage, and azchitectural control, and covenant shall be referenced in all deeds transferring all or any art of the interest in the ro erty. COA 2 That a maintenance covenant shall be submitted to the Public Works - Subdivision Section of the Public Works Department and Development approved by the City Attomey's office. The covenant shall Services, City ittclude provisions for maintenance of private facilities and a Attomey maintenance exhibit. The covenant shall be recorded concurrently with the final map COA 3 That the northerly most driveway on the subject property Plarm9ng, Public shall be removed by the property owner and a new internal Works - driveway access shall be provided to the adjacent property to Development the north. Services COA 4 That the legal properiy owner shall execute a Subdivision Public Works - Agreement, in a form approved by the City Attorney, to Development complete the required public improvements at the legal Services, City property owner's expense. Said agreement shall be , Attorney submitted to tha Public Works Department, Subdivision Section approved by the City Attorney and City Engineer ~ and then recorded concurrently with the final arcel ma . COA 5 That all pazcels shall be assigned street addresses by the Building Building Division. COA 6 That the property owner shall irrevocably offer to dedicate an Public Works - -2- PC2008- easement, 60-feet in width, from the centerline of Euclid Development Street for road, public utility and other public purposas on the Services final pazcel ma . GENERAL COA 7 That a final map shall be submitted to and approved by the Planning, Public City of Anaheun and the Orange County Surveyor. Following Works - approval, the final pazcel map shall be recorded in the Office Development of the Orange County Recorder. A reciprocal access Services agreement shall be recorded concurrently with the final parcel ma . COA 8 That approval of this application constitutes approval of the Planning proposed request only to the extent that it comp]ies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Appxoval does not include any action or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. COA 9 That timing for compliance with conditions of approval may Planning be amended by the Planning Director 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. 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 compliacace 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 final judgment of any court of competent jurisdiction, then this Resplution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invaice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -3- PC2008- THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of January 17, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 - "Procedures" of the Anaheim Municipa] Code pertaining tp appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL ANAHEIM ZONING ADMINISTRATOR ATTEST: SENIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zozung Administrator held on January 17, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this day of . 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-