Resolution-ZA 2005-24• a
DECISION NO. ZA 2005-24
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING TENTATIVE PARCEL MAP NO. 2005-147
OWNER: North Anaheim Assoc., LLC
Brian Malliet
1945 Placentia Avenue
Costa Mesa, CA 92627
AGENT: Greg Cooke
DRC
8175 East Kaiser Boulevard
Anaheim, CA 92808
LOCATION: 1045 North Kemp Street -Property consisting of 20 acres located between Commercial
Street and a point 448 feet north of the centerline of La Palma Avenue, with frontages of
1,260 feet on the west side of Patt Street and 183 feet on the west side of Kemp Street.
CEQA STATUS: Negative Declaration
HEARING DATES: October 27, 2005, continued from September 15 and September 29, 2005
OPPOSITION: Two people spoke in opposition to the proposal at the public hearing and no
correspondence was received in opposition.
REQUEST: Approval of a tentative parcel map to establish a 20-lot, 23-unit, subdivision in the "I"
Industrial zone.
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.60.020 (Establishment of Zoning Administrator Position), to decide the above-
referenced petition and a public hearing having been duly noticed for and held on the dates set forth
above, I do hereby find:
1. That this item was continued from the September 15 and September 29, 2005, Zoning
Administrator meetings in order for staff to address a neighborhood resident's concerns about potential
industrial traffic along Kemp Street, and also to provide information regarding the truck terminal the
northwest corner of La Palma Avenue and Kemp Street (Atcheson's Express at 201 East La Palma
Avenue).
2. That the subdivision of this 20-acre property will occur in three phases. Phase 1 consists of the
21-lot, 23-unit industrial subdivision shown on this Tentative Parcel Map No. 2005-147, Phase 2 is the
undeveloped portion identified as "Lot 1" in the center portion of this tentative map, and Phase 3 is the
southerly portion identified as "Remainder Parcel" on this tentative map. Permits for the demolition of the
existing industrial buildings have been issued and permits for new industrial buildings are currently being
processed for Phase 1. The Phase I subdivision is intended to allow the sale and purchase of individual
tenant spaces.
3. That the subject property is vacant and zoned "I" Industrial and is designated for Industrial land
uses by the Anaheim General Plan.
4. That adjoining and nearby properties to the east (across Patt Street), north and west (northerly
portion) are also designated for Industrial land uses; that the properties to the south and west (southerly
portion) are designated for Mixed Use land uses; and that the properties to the southeast across Kemp
Street are designated for Medium Density Residential land uses.
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5. That the proposed tentative map is in conformance with the goals of the Anaheim General
Plan.
6 That the design and improvement of the proposed subdivision is consistent with Anaheim
General Pian.
7. That the design of this subdivision is not likely to cause environmental damage nor cause any
public health problems, nor will it conflict with any public easements pertaining to this property.
Based on the evidence and testimony presented to me, I do hereby determine to approve Tentative
Parcel Map No. 2005-147, subject to the following conditions:
1. That a maintenance covenant shall be submitted to the Subdivision Section of the Public Works
Department and approved by the City Attorney's office. The covenant shall include provisions for the
maintenance of private facilities and a maintenance exhibit. The covenant shall be recorded
concurrently with the final map.
2. That the abandonment of any existing easements, which conflict with proposed buildings, shall be
processed with the Public Works Department prior to final map approval. The applicant shall submit
an abandonment application, copy(ies) of recorded easement(s), Grant Deed or Title Report, and a
sketch of the area(s) to be abandoned for review and processing, and shall pay the applicable fees.
3. That a final parcel map shall be submitted to and approved by the City of Anaheim and the Orange
County Surveyor, and shall then be recorded in the Office of the County of Orange Recorder.
4. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the
Anaheim City Attorney, to complete the required public improvements at the legal property owner's
expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section, for
review and approval by the City Attorney and the City Engineer, and shall then be recorded concurrently
with the final parcel map.
5. That the property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map, an
easement thirty-eight (38) feet in width from the monumented street centerline along Patt Street,
including corner cut-offs, for road, public utility and other public purposes.
6. That all parcels shall be assigned street addresses by the Building Division.
7. That all existing structures shall be demolished or remodeled to conform with building and zoning
setback requirements. The developer shall obtain any necessary demolition permit(s) from the Building
Division.
8. That an unsubordinated restricted covenant providing reciprocal access and parking approved by
Planning Services Division of the Planning Department, in a form satisfactory to the City Attorney, shall
be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then
be submitted to the Planning Services 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 parcel for
purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control,
and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the
property.
9. That prior to final parcel map approval, Condition Nos. 1, 2, 4, 5, 6, 7, 8 and 10, herein mentioned, shall
be complied with.
10. That approval of Tentative Parcel Map No. 2005-147 is subject to approval of Variance No. 2005-04665
shall be approved.
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11. 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 3`d day November 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 from the date of the signing of this
decision or unless members of the City Council request to review this decision within seven (7) days from
the date of signing.
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: November 3, 2005 1i~4 ~fY~
Pat Chandler, Senior Secretary
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