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Resolution-ZA 2005-10DECISION NO. ZA 2005-10 A DECISION OF THE ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 2002-132 OWNER: Gary F. Almas 8055 Florence Ave. Downey, CA 90240 AGENT: Robert J. Nugent 9851 Corella Ave. Whittier. CA. 90603 LOCATION: 828 South Western Avenue: Property consisting of 1.0-acre located at the northeast corner of Teranimar Drive and Western Avenue with frontages of 285 feet an the north side of Teranimar Drive and 188 feet on the east side of Western Avenue. CEQA STATUS: CEOA Categorical Exemption, Class 32 HEARING DATE: April 28, 2005 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. REQUEST: To establish a 4-lot, 4-unit, single-family residential subdivision to construct four detached single-family homes in the RS-2 (Single-Family Residential) zone. Having been appointed Zoning Administrator by the Planning Director, to decide the above-referenced petition pursuant to Anaheim Municipal Code Section 18.60.020 (Establishment of Zoning Administrator Position), and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That this tentative parcel map was previously approved on May 30, 2002, under Decision No. 2002-19 with certain conditions of approval; but that due to the need for modifying those conditions, the tentative map has been re-advertised. 2. That the proposed 4-lot single-family residential subdivision and its improvements are consistent with the Anaheim General Plan, including the Land Use Element, and with the underlying zone classification. 3. That the size and width of the proposed parcels exceed Zoning Code requirements for the RS-2 zone and, therefore, the site is physically suitable for the type and density of the intended single- family residential development. 4. That the design of the subdivision and the related improvements are not likely to cause environmental damage and will not cause any public health problems; nor will the design of the subdivision and the related improvements conflict with any public easements pertaining to this property. 5. That Variance No. 2005-04649, which was submitted in conjunction with this tentative parcel map, is not necessary and was withdrawn by the applicant following the public notification. Based on the evidence and testimony presented to me, I do hereby determine to approve Tentative Parcel Map No. 2005-132, subject to the fallowing conditions: ZA2005-10.doc - 1 of 2 - ZA2005-10 Tracking No. SUB2005-00018 • • 1. That all existing structures shall be demolished, moved and/or remodeled to conform to Building Code requirements and the required Zoning Code setback requirements for the proposed subdivision. The developer shall obtain any necessary demolition permits from the Building Division of the Planning Department. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final parcel map, an easement ten (10) feet in width from the existing right-of-way line along Teranimar Drive (the existing right-of-way is twenty-two (22) feet from the street centerline), including a corner cut-off, for public road, public utility and other public purposes. 3. That an improvement certificate shall be placed on the final parcel map to construct street improvements to the width required by the General Plan and Public Works Standard Detail 160-A (Street and Highway Sections) prior to final building and zoning inspections. 4. That a final parcel map shall be submitted to, and approved by, the City of Anaheim and the Orange County Surveyor, and then shall be recorded in the Office of the County of Orange Recorder. 5. That the developer shall pay the Sewer Capacity Mitigation Fee. 6. That all parcels shall be assigned street addresses by the Building Division. 7. That no driveway shall be permitted along Western Avenue, an arterial highway. 8. That the legal property owner shall furnish a Subdivision Agreement, in a form approved by the City Attorney, to the City of Anaheim agreeing to complete the public improvements, required as conditions of this tentative parcel map, at the legal property owners expense. Said agreement shall be submitted and approved to the Subdivision Section of the Public Work Department, and shall then be recorded concurrently with the final parcel map. 9. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 5, 6 and 8, above-mentioned, shall be complied with. 10. That approval of this application constitutes approval of the proposed request only to the extent that is 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 5th day of May 2005. I i/ ~27ic ~ ~U~~C~~ - 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 ten (10) days of the date of the signing of this decision or unless members of the City Council request to review this decision within seven (7) days of the signing of this decision. 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 this decision to the applicant and did forward a copy to the City Clerk. DATE: May 5, 2005 ~~ ~ ~1,~ C- ~' ~ ~ s vl `~, anielle C. Masciel, Word Processing Operator ZA2005-10.doc - 2 of 2 - ZA2005-10 Tracking No. SU82005-00018 • • DECISION NO. ZA 2005-10 A DECISION OF THE ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 2002-132 OWNER: Gary F. Almas 8055 Florence Ave. Downey, CA 90240 AGENT: Robert J. Nugent 9851 Corella Ave. Whittier, CA. 90603 LOCATION: 828 South Western Avenue: Property consisting of 1.0-acre located at the northeast corner of Teranimar Drive and Western Avenue with frontages of 285 feet on the north side of Teranimar Drive and 188 feet on the east side of Western Avenue. CEQA STATUS: CEQA Categorical Exemption, Class 32 HEARING DATE: April 28, 2005 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. REQUEST: To establish a 4-lot, 4-unit, single-family residential subdivision to construct four detached single-family homes in the RS-2 (Single-Family Residential) zone. Having been appointed Zoning Administrator by the Planning Director, to decide the above-referenced petition pursuant to Anaheim Municipal Code Section 18.60.020 (Establishment of Zoning Administrator Position), and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That this tentative parcel map was previously approved on May 30, 2002, under Decision No. 2002-19 with certain conditions of approval; but that due to the need for modifying those conditions, the tentative map has been re-advertised. 2. That the proposed 4-lot single-family residential subdivision and its improvements are consistent with the Anaheim General Plan, including the Land Use Element, and with the underlying zone classification. 3. That the size and width of the proposed parcels exceed Zoning Code requirements for the RS-2 zone and, therefore, the site is physically suitable for the type and density of the intended single- family residential development. 4. That the design of the subdivision and the related improvements are not likely to cause environmental damage and will not cause any public health problems; nor will the design of the subdivision and the related improvements conflict with any public easements pertaining to this property. 5. That Variance No. 2005-04649, which was submitted in conjunction with this tentative parcel map, is not necessary and was withdrawn by the applicant following the public notification. Based on the evidence and testimony presented to me, I do hereby determine to approve Tentative Parcel Map No. 2005-132, subject to the following conditions: ZA2005-10.doc - 1 of 2 - ZA2005-10 Tracking No. SU82005-00018 • 1. That all existing structures shall be demolished, moved and/or remodeled to conform to Building Code requirements and the required Zoning Code setback requirements for the proposed subdivision. The developer shall obtain any necessary demolition permits from the Building Division of the Planning Department. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final parcel map, an easement ten (10) feet in width from the existing right-of-way line along Teranimar Drive (the existing right-of-way is twenty-two (22) feet from the street centerline), including a corner cut-off, for public road, public utility and other public purposes. 3. That an improvement certificate shall be placed on the final parcel map to construct street improvements to the width required by the General Plan and Public Works Standard Detail 160-A (Street and Highway Sections) prior to final building and zoning inspections. 4. That a final parcel map shall be submitted to, and approved by, the City of Anaheim and the Orange County Surveyor, and then shall be recorded in the Office of the County of Orange Recorder. 5. That the developer shall pay the Sewer Capacity Mitigation Fee. 6. That all parcels shall be assigned street addresses by the Building Division. 7. That no driveway shall be permitted along Western Avenue, an arterial highway. 8. That the legal property owner shall furnish a Subdivision Agreement, in a form approved by the City Attorney, to the City of Anaheim agreeing to complete the public improvements, required as conditions of this tentative parcel map, at the legal property owners expense. Said agreement shall be submitted and approved to the Subdivision Section of the Public Work Department, and shall then be recorded concurrently with the final parcel map. 9. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 5, 6 and 8, above-mentioned, shall be complied with. 10. That approval of this application constitutes approval of the proposed request only to the extent that is 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 5'h day of May 2005. 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 ten (10) days of the date of the signing of this decision or unless members of the City Council request to review this decision within seven (7) days of the signing of this decision. 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 this decision to the applicant and did forward a copy to the City Clerk. DATE: May 5, 2005 ~~ mil/ L ~` ~ `~s A~ '~c., anielle C. Masciel, Word Processing Operator C ZA2005-10.doc - 2 of 2 - ZA2005-10 Tracking No. SU82005-00018