Resolution-ZA 2004-16• •
DECISION NO. ZA 2004-16
A DECISION OF THE ZONING ADMINISTRATOR
AMENDING THE CONDITIONS OF APPROVAL OF DECISION NO. ZA 97-01,
ADOPTED IN CONNECTION WITH TENTATIVE PARCEL MAP N0.96-173
OWNER: MBS Holdings
1363 South State College Boulevard
Anaheim, CA 92806
AGENT: Brian Malliet
BKM Development Company, LLC
1945 Placentia Avenue
Costa Mesa, CA 92627
LOCATION: 1363 South State College Boulevard
CEQA STATUS: CEQA Categorical Exemption, Class 15
HEARING DATE: May 27, 2004
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: To amend or delete Condition No. 9 of Decision No. ZA 97-01, adopted in connection
with Tentative Parcel Map No. 96-173, pertaining to reciprocal parking and access for
the 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 (Authority and Duties), to decide the above-referenced petition and a public
hearing having been duly noticed for and held on the date set forth above, 1 do hereby find:
1. That the tentative map, as proposed to be amended, is consistent with the General Plan.
2. That the design and/or improvement of the proposed subdivision, as proposed to be
amended, is consistent with General Plan.
3. That the design of the proposed subdivision and the proposed improvements, as proposed
to be amended, are not likely to cause substantial environmental damage or substantially and avoidab{y
injure fish or wildlife or their habitat.
4. That the design of the subdivision or the type of improvements, as proposed to be
amended, are not likely to cause serious public health problems.
5. That the design of the subdivision or the type of improvements, as proposed to be
amended, will not conflict with easements, acquired by the public at large, for access through or use of
the property within the proposed subdivision.
Based on the evidence and testimony presented. to me, including the Staff Report to the Zoning
Administrator dated May 27, 2004, I do hereby amend the conditions of approval of Decision No.
ZA 97-01, adopted in connection with Tentative Parcel Map No. 96-173, in their entirety (including
amending Condition No. 9 and adding three new conditions numbered 11, 12 and 13), as follows:
Tracking No. SUBTPM2004-00012
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1. .That the five (5) existing doors in the west wall of the larger building shall be replaced with 3/ hour
fire rated metal doors and frames with automatic door closures, as required by applicable City Codes
and the Building Division.
2. That the two (2) existing windows in the west wall of the larger building shall be replaced with a'/.
hour rated glazing or that $/ hour interior fire shutters shall be placed above these two {2) windows
with fusible links and hard wired to the alarm system, as required by applicable City Codes and the
Building Division.
3. That the existing concrete tilt-up wall shall be brought up to current Fire and Building Code
requirements.
4. That the existing fence enclosure shall be removed or provided with "panic" hardware on all gates.
5. That the overhead canopies in the court yard between the two (2) buildings shall be removed.
6. That trash storage areas for each parcel shall be provided and maintained in locations acceptable to
the Department of Maintenance and in accordance with approved plans on file with said department.
7. That a plan sheet for solid waste, collection and a plan for recycling for each parcel shall be
submitted to the Department of Maintenance for review and approval
8. That an on-site trash turn-around shall be provided and maintained to the satisfaction of the
Department of Maintenance. Said turn-around shall be specifically shovvn on plans submitted to the
Department of Maintenance for review and approval.
9. That an unsubordinated restricted covenant shall be submitted to the Zoning Division for review, in a
form satisfactory to the City Attorney, with provisions to guarantee that the entire complex shall be
managed and maintained as one (1) integral parcel for purposes of signage, maintenance, land
usage and architectural control. Following approval, said covenant shalt be recorded with the Office
of the Orange County Recorder. A copy of the recorded 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 of the property.
10. That prior to final parcel map approval, Condition Nos. 1 through 9, above mentioned shall be
complied with.
11. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
12. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the-event
that it is removed, damaged, diseased and/or dies.
13. 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 3`d day of June 2004.
c ' ~~~,r"
Annika M. Santalahti, Zoning Administrator
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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, Glerk within 10 davs 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: June 3, 2004 ~~'~/l.l (%V~~~--- ~` ~~~C~,
Danielle C. Masciel, Word Processing Operator
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