Resolution-ZA 2004-33DECISION NO. ZA 2004-33
A NUNC PRO TUNC DECISION OF THE ANAHEIM CITY ZONING ADMINISTRATOR
AMENDING DECISION NO. ZA2004-12 GRANTED IN CONJUNCTION WITH
.TENTATIVE PARCEL MAP N0.2003-264
OWNER: Jason Johnson
Anacal Engineering
-1900 East La Palma Avenue
Anaheim, CA 92803
LOCATION: 1831-1835 North Raymond Avenue And 1100-1115 East Kimberly Avenue
MEETING DATE: September 30, 2004
.OPPOSITION: No one indicated their presence at the public meeting regarding this item.
REQUEST: To amend, nunc pro tunc, a condition of approval in Decision No. ZA 2004-12 that was
.inadvertently worded incorrectly. Decision No. ZA 2004-12 approved Tentative Parcel Map
No. 2003-264, a proposed industrial subdivision.
Having been appointed Zoning Administratorby the Planning Director, pursuant to Anaheim Municipal Code
Sections 18.60.020 (Establishment of Zoning Administrator Position) and 18.60.190 (Amendment of Permit
Approval} to decide the above-referenced Cequest and the request having been agendized for a regularly
meeting fof the Zoning`Administrator, I do hereby. find:
1: That on April 22, 2004, the Zoning Administrator approved Decision No. ZA 2004-12 to
approve Tentative Parcel Map,No. 2003-264 for a proposed 5-lot industrial subdivision; and that Condition
No. 5 of said Decision reads a follows:
"5. That the developer shall submit street improvement plans tothe Public Works Department,
Development Services bivision, to construct a sidewalk and landscaped parkway along
Raymond Avenue and Kimberly Avenue in accordance with Public Works Department
Standard Detail No. 160. The parkway landscaping and irrigation between the sidewalk and
the curb shall be installed with the parkway irrigation being tied into the on-site irrigation
system and being maintained by the property owner. A bond to guarantee said
improvements shall be posted with the City of Anaheim in an amount approved by the City
Engineer and a form approved by, the City Attorney prior to final map approval The
developer shall obtain aRight-of-Way Construction Permit from he Development Services
Division for all work pertormed in the public right-of-way: The improvements shall be
constructed prior to final map approval".;
2. That said Condition No. 5 was inadvertently worded incorrectly. because the public
improvements required to be constructed virere;intended to be only along Raymond Avenue; not Kimberly
Avenue; and that Public Works Department staff has requested that Condition No. 5 be amended by
deleting the reference to Kimberly Avenue.
3: That the design and/or improvement of the proposed subdivision, including the nunc pro tune
amendment to,Condition No, 5, remains consistent with Anaheim General Plan.
4. That the design of the subdivision or the proposed improvements, including the nunc pro tune
amendment to Condition No. 5, is not likely to cause substantial environmental damage or substantially and
avoidably injure fish` or wildlife or their habitat.
Tracking No. SUBTPM2004-00013
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5. That the design of the subdivision or the type of improvements, including the nunc pro tunc
amendmentto Condition No. 5, is not likely to cause serious public health problems.
6. That the design of the subdivisiorior he type of improvements, including the nunc pro tunc
amendment to Condition No. 5, will not conflict with easements, acquired by the public at large, for access
through, or use of the property within, the proposed subdivision.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator
has reviewed the request to amend Decision No. ZA2004-12, nunc pro tunc, to correct Condition of Approval
No. 5, to delete Kimberley Avenue from the text of the condition which pertains to required street
improvements, on an irregularly-shaped 3.6-acre property located on the west side of Raymond Avenue,
encompassing both the north and south sides of Kimberly Avenue with a combined frontage of 240 feet on
Raymond Avenue to the north and south of Kimberly Avenue, and a maximum depth of 632 feet, and further
described as .1831 - 183.5 North Raymond Avenue and 1100 -1115 East Kimberly Avenue; and that the
Planning Director o~ her authorized. representative has determined that the request is Categorically Exempt,
Class 1, under Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby amend Condition No. 5 of Decision No.
ZA 2004-12, approved in connection with Tentative Parcel Map No. 2003-264, to read as follows:
"5. That the developer shall submit street improvement plans to the Public Works Department,
Development Services Division, to;consfruct a sidewalk and landscaped parkway along Raymond
Avenue in accordance with Public Works Department Standard Detail No. 160. The parkway
landscaping and irrigation between the sidewalk and the curb shall be installed with the parkway
irrigation being tied into the on-site irrigation ystem and being maintained by the property owner. A
bond o guarantee said improvements shall be posted with the City of Anaheim in an amount approved
by the City Engineer and a form approved,by the City Attorney prior to final map approval. The
developer shall obtain aRight-of--Way Construction Permif from the Development Services Division for
all work performed in the public right-of-way. The improvements shall be constructed prior to final map
approval."
This decision is made, signed, and entered into the file this 7t" day of October 2004.
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 davs of the date of the signing of this decision or unless
members of the City Council shall request to review his decision within said 10 days.
DECLARATION OF SERVICE BY MAIL I'do ~he"reby 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 7, 2004 ~~~(f1,i,!'~~ ~- !"( (~~`eii h-~ /~
Danielle C. Masciel, Word Processing Operator `- -"t/