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Resolution-ZA 2001-39 DECISION NO. ZA 2001-39 A DECISION OF THE ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 2001-199 OWNER: John R. Townsend P.O. Box 1692 Anaheim, CA 92815 LOCATION: 1575 and 1585 West Broadway HEARING DATE: October 4, 2001 OPPOSITION: One person appeared at the public hearing with questions regarding the proposal; that no one indicated their presence at the public hearing in opposition; and that no correspondence in opposition was received. REQUEST: To establish a 2-lot, industrial subdivision in the 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 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 straddles the east property line (the easterly half of the building is located on the adjacent parcel and is addressed at 1565 West Broadway). 2. That the proposed map is consistent with the Anaheim General Plan, including the General Industrial land use designation. That the design of the proposed subdivision is consistent with the General Plan. 4. 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. 5. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. 6. 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. 8. That the site is physically suitable for the existing density of development. 9. 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. 10. That the proposed subdivision will not have an adverse impact on the surrounding industrial and residential land uses. TPM2001-199.doc - 1 of 3 - ZA 2001-39 • • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to establish a 2-lot industrial subdivision in the ML (Limited Industrial) Zone on rectangularly-shaped 0.84-acre property having a frontage of 244 feet on the north side of Broadway with a maximum depth of 149 feet, being located 165 east of the centerline of Loara Street, and further described as 1575 and 1585 West Broadway; and that the Planning Director or his authorized representative has determined that the proposed project is Categorically Exempt, Class 15, under the State of California Environmental Quality Act Guidelines. Based on the evidence and testimony presented to me, I do hereby determine to approve Tentative Parcel Map No. 2001-199, subject to the following conditions: 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. 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. 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. TPM2001-199.doc - 2 of 3 - ZA 2001-39 i ~ 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 9th day October, 2001. _ ~~ 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: October 9, 2001 atricia Koral, Sr. Wor Proces ing Operator TPM2001-199.doc - 3 of 3 - ZA 2001-39