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Resolution-ZA 2007-01City of AR'!aheim PLANNING DEPARTMENT January 4, 2007 Robert R. Kofdarali 4840 Copa De Oro Anaheim, CA 92807 Following is an excerpt from the minutes of the Anaheim City Zoning Administrator meeting of January 4, 2007. 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. VARIANCE NO.2006-04713 OWNER: Robert R. Kofdarali 4840 Copa De Oro Anaheim, CA 92807 AGENT: Ramcam Engineering 670 Parkridge Avenue #101 Corona, CA 92879 LOCATION: 4840 Copa De Oro: Property is approximately 1.67 acres, having a frontage of 360 feet on the south side of Copa De Oro Drive with a maximum depth of 302 feet. Request waiver of minimum front yard setback to construct a trash enclosure in the front yard setback of asingle-family residence. At the public meeting of January 4, 2007, Bill Sell, Zoning Administrator, accepted the petitioner's request letter withdrawing Variance No. 2006-04713 www.anaheim.net Sincerely, ~~~~~ Danielle C. Masciel, Word Processor Anaheim City Zoning Administrator Cc: Ramcam Engineering, 670 Parkridge Avenue #101, Corona, CA 92879 ZAD2007-01 dm.doc 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714)765-5139 ,~ City of ~heim PLANNING DEPARTMENT January 4, 2007 City of Anaheim Public Works Department Survey Division 200 South Anaheim Boulevard Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting, of January 4, 2007. 3a. CEQA CATEGORICAL EXEMPTION -CLASS 15 3b. TENTATIVE PARCEL MAP N0.2006-262 OWNER: City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 AGENT: City of Anaheim -Survey Division 200 South Anaheim Boulevard Anaheim, CA 92805 LOCATION: 2000 South State College Boulevard: Property is approximately 155 acres, abutting Katella Avenue to the north, Orangewood Avenue to the south, Santa Ana River to the east, and State College Boulevard to the west (Anaheim Stadium). Approval of a tentative parcel map under authority of 18.60.020.030 (Tentative Parcel Maps) of the Anaheim Municipal Code to establish a 2-lot commercial subdivision for the Anaheim Stadium property. ACTION: Acting Zoning Administrator, Bill Sell, determined that there was no significant change to the proposal and found that the Categorical Exemption -Class 15 reflects the independent judgment of the lead agency and that it has considered the Categorical Exemption together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine that 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 the proposed map is consistent with the applicable General Specific Plan; 2. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 3. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems; and 4. 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. 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 www.anaheim.net ~ TEL (714) 765-5139 • ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Planning Director or her authorized representative has determined that the proposed project is Categorically Exempt -Class 15, under Section of 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. 2006-262, subject to the following conditions: 1. That an unsubordinated restricted covenant providing reciprocal access and parking approved by Planning Services Division and 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 Development 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. 2. That a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's Office. The covenant shall include provisions for maintenance of private facilities, and a maintenance exhibit. The covenant shall also include provisions for regular landscape maintenance, remova{ of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. This covenant shall be recorded concurrently with the final map. 3. That there shall be a recorded use agreement satisfactory to the City Attorney's office for all parcels sharing fire protection equipment and associated appurtenances. 4. That prior to final map approval, the final 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 Orange County Recorder (Subdivision Map Act, Section 66499.40). 5. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. 6. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, and 5, herein-mentioned, shall be complied with. 7. 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. Sincerely, ~~~:~-~ ~~~~ a~e Masciel, Word Processing Operator Anaheim Zoning Administrator Zad2007-02dm.doc City of ~heim PLANNING DEPARTMENT January 4, 2007 Lewis Street Investors, A CAL LP PO Box 10077 Santa Ana CA 92711-0077 Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of January 4, 2007. 4a. CEQA CATEGORICAL EXEMPTION -CLASS 15 4b. TENTATIVE PARCEL MAP NO. 2006-276 OWNER: Lewis Street Investors, A CAL LP PO Box 10077 Santa Ana CA 92711-0077 AGENT: Glen Gwatney Anacal Engineering 1900 East La Palma Avenue # 202 Anaheim CA 92805 LOCATION: 1844, 1846, 1848 South Lewis Street: This rectangulary-shaped, 0.83 acre property has a frontage of 132 feet on the east side of Lewis Street, a maximum depth of 273 feet, and is located 511 feet south of the centerline of Katella Avenue. Tentative Parcel Map No. 2006-276 - To establish a 1-lot, 3-unit airspace attached industrial condominium subdivision for an existing industrial complex. ACTION: The Anaheim Zoning Administrator has reviewed the proposal to establish a 1-lot, 3-unit airspace attached industrial condominium subdivision for an existing industrial complex and does hereby approve a CEQA Categorical Exemption, Section 15315, Class 15 (Minor Land Divisions), as defined in the State CEQA (California Environmental Quality Act) Guidelines. The Anaheim Zoning Administrator does hereby determine that the proposed tentative parcel map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Parcel Map No. 2006-276, to establish a 1-lot, 3-unit airspace attached industrial condominium subdivision for an existing industrial complex subject to the following conditions: That the legal property owner shall execute an unsubordinated restricted covenant concerning the proposed shared driveway. The unsubordinated restricted covenant shall include provisions for the maintenance of the driveway and recordation of an ingress/egress easement for the benefit of each airspace unit. The unsubordinated restricted covenant shall be in a form approved by the City Attorney's Office and shall be recorded concurrently with the Parcel Map. www.anaheim.net 2. That an unsubordinated restricted covenant providing reciprocal access and parking approved by Planning Services Depatment and 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 Development Services Division. In addition, 200 South Anaheim Boulevard P.o. Box 3222 - 1 of 2 - Excerpt Subtpm No. 2006-276 Anaheim, California 92803 TEL (714)765-5139 • • 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. That prior to final map approval, a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's Office. The covenant shall include provisions for maintenance of private facilities, and a maintenance exhibit. The covenant shall also include provisions for regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. This covenant shall be recorded concurrently with the final map. 4. That the Precise Alignment of the future configuration of Lewis Street shall be plotted on the Final Map, and shall be disclosed to any buyers of the airspace units created as part of this action. 5. That interior floor plans and the boundaries of the airspace units shall be reflected on the map and plans reviewed and approved by the Building Division to ensure appropriate separation between the airspace units as required by the Uniform Building Code. Plans shall be reviewed and approved by the Building Division prior to Final Map approval. That prior to final map approval, the final 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 Orange County Recorder (Subdivision Map Act, Section 66499.40). 7. That there shall be a recorded use agreement satisfactory to the City Attorney's office for all parcels sharing fire protection equipment and associated appurtenances. 8. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical deign), along/across high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc. said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 9. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 5, 7, and 8, herein- mentioned, shall be complied with. 10. 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. Sincerely, Danielle Masciel, Word Processing Operator Anaheim Zoning Administrator - 2 of 2 - Excerpt Subtpm No. 2006-276 City of J~aheim PLANNING DEPARTMENT January 22, 2007 Northgate Market 522 East Vermont Street Anaheim, CA 92805 Following is the decision of the Zoning Administrator pertaining to Tentative Parcel Map No. 2004-247 (Tracking No. Tentative Parcel Map No. 2006-00038) from the Zoning Administrator meeting of January 18, 2007. 1. REPORTS AND RECOMMENDATIONS: a. CEQA CATEGORICAL EXEMPTION -CLASS 15 (PREVIOUSLY APPROVED) b. TENTATIVE PARCEL MAP NO. 2004-247 (TRACKING NO. TENTATIVE PARCEL MAP NO.2006-00038) LOCATION: 718-742 North Anaheim Boulevard: Property is approximately 1.1-acre, having a frontage of 364 feet on the east side of Anaheim Boulevard, and is located 237 feet north of the centerline of Wilhelmina Street (Northgate Market). Request to permit a retroactive extension of time to comply with conditions of approval for a previously-approved tentative parcel map to combine seven (7) parcels into one parcel to construct a new market in the C-G Zone. ACTION: William Sell, Acting Zoning Administrator, concurred with staff's recommendations and (a) determined that the project is Categorically Exempt under Section 15315, Class 15 (Minor Land Divisions) of the CEQA Guidelines; and (b) Granted the request for a one (1) year extension of time for Tentative Parcel Map No. 2004-247 (to expire on January 26, 2008), based on the following: (i) That the request was filed prior to the expiration of the approved or conditionally approved tentative map. (ii) That this is the first request for aone-year extension of time and Code permits extensions not to exceed a total of three years for tentative maps. (iii) That no modification of the tentative parcel map is included in this request. vnvw.aaaheim.net Sinc ely, L^ ~~ \ Q/ l/t/p1.ti Pat Chandler, Senior Secretary Zoning Administrator 200 South Anaheim Boulevard P.O. Box 3222 Anaheim. California 92803 TEL (714) 765-5139 S ubtpm 2004-247j n_Letter. doc City of ~heim PLANNING DEPARTMENT February 1, 2007 City of Anaheim Public Works Department Survey Division 200 South Anaheim Boulevard Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of February 1, 2007. 1 a. CEQA CATEGORICAL EXEMPTION -CLASS 15 1 b. TENTATIVE PARCEL MAP NO. 2006-262 (READVERTISED) OWNER: City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 AGENT: City of Anaheim -Survey Division 200 South Anaheim Boulevard Anaheim, CA 92805 LOCATION: 2000 South State College Boulevard: Property is approximately 155 acres, abutting Katella Avenue to the north, Orangewood Avenue to the south, Santa Ana River to the east, and State College Boulevard to the west (Anaheim Stadium). Approval of a tentative parcel map under authority of 18.60.020.030 (Tentative Parcel Maps) of the Anaheim Municipal Code to establish a 2-lot commercial subdivision for the Anaheim Stadium property. ACTION: Acting Zoning Administrator, William Sell, determined that the Categorical Exemption -Class 15 reflects the independent judgment of the lead agency and that it has considered the Categorical Exemption together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine that 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 the proposed map is consistent with the applicable General Specific Plan; 2. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 3. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems; and 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 www.anaheim.net TEL (714) 765-5139 • • 4. 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Planning Director or her authorized representative has determined that the proposed project is Categorically Exempt -Class 15, under Section of 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. 2006-262, subject to the following conditions: 1. y 2. ' .' 3. 4. That prior to final map approval, the final 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 Orange County Recorder (Subdivision Map Act, Section 66499.40). 5. 6. 7. 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. Sin ely, ~C~/~.~t Pat han r, Senior Secretary to the Anaheim Zoning Administrator City of~aheim PLANNING DEPARTMENT March 6, 2007 Natalie Sumara 412 North Dwyer Drive Anaheim, CA 92801 Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of March 1, 2007. 2a. CEQA CATEGORICAL EXEMPTION -CLASS 32 2b. VARIANCE NO. 2007-04719 (DELETED) 2b. TENTATIVE PARCEL MAP NO. 2004-311 OWNER: Natalie Sumara 412 N. Dwyer Anaheim, CA 92801 LOCATION: 412 N. Dwyer Drive and 411 N. West Street: This 1.1-acre property has frontages of i 72 feet on the east side of Dwyer Drive and 172 feet on the west side of West Street and is located 195 feet south of the centerline of Rowan Street. Tentative Parcel Ma No. 2004-311 -The applicant requests to establish a 2-lot, single-family residential subdivision. ACTION: The Anaheim Zoning Administrator has reviewed the proposal to establish a 2-lot, single-family residential subdivision and does hereby approve a CEQA Categorical Exemption, Section 15332, Class 32 (In Fill Development Projects), as defined in the State CEQA (California Environmental Quality Act) Guidelines. The Anaheim Zoning Administrator does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Parcel Map No. 2004-311, to establish a 2- lot, single-family residential subdivision subject to the following conditions: That prior to final map approval, the final map shalt 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 Orange County Recorder. 2. That prior to final map approval, all parcels shall be assigned street addresses by the Building Division. 3. That prior to final map approval, the 854 square foot detached garage structure located 3 feet from the north property line shall be demolished. The appropriate demolition permits shall be obtained from the Building Division. 200 South Anaheim Boulevard P.O. Box 3222 Anaheim. California 92803 - ~ Of 2 - www.anaheim.net ~ TEL (714) 765-5139 ~ ~ 4. That prior to final map approval, the property owner shall irrevocably offer to dedicate on the final map to the City of Anaheim an easement 5-feet in width from the existing right- of-way line along Dwyer Drive for road, public utility and other public purposes. 5. That an Improvement Certificate shall be placed on the final parcel map to restrict issuance of building permits for additional units on either Parcel 1 or Parcel 2 until such time that downstream sewer capacity is available, as approved by the City Engineer. 6. That an Improvement Certificate shall be placed on the final parcel map to construct street improvements on Dwyer Drive to the width required by the General P{an and Public Works Standard Detail 160-A within 90 days of final map approval. 7. That a reservation for a fifteen (15) foot wide private sewer easement shall be shown on the final map and recorded as a separate easement deed by the legal property owner. Said easement shall be granted over Parcel 2 in favor of Parcel 1. [Deleted at the public hearing] , 9. 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. Sin rely, ~~ Pat C and e , nor Secretary to Anaheim Zoning Administrator -2of2- City of An~eim PLANNING DEPARTMENT April 18, 2007 Anaheim Redevelopment Agency Attn: Greg Hastings 201 South Anaheim Boulevard Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of April 12, 2007. 2a. CEQA NEGATIVE DECLARATION 2b. TENTATIVE PARCEL MAP NO. 2006-284 OWNER/AGENT: Anaheim Redevelopment Agency Attn: Greg Hastings 201 South Anaheim Boulevard Anaheim, CA 92805 LOCATION: 1219 - 1231 West Center Street: This irregularly-shaped, 0.8-acre property has a frontage of 193 feet on the north side of Center Street, a maximum depth of 166 feet and is located 229 feet west of the centerline of Walnut Street. Tentative Parcel Map No. 2006-284 - To establish a 3-lot single-family residential subdivision. ACTION: The Anaheim Zoning Administrator has reviewed the proposal to establish a S- lot single-family residential subdivision and does hereby approve a CEQA Negative Declaration as defined in the State CEQA (California Environmental Quality Act) Guidelines. The Anaheim Zoning Administrator does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Parcel Map No. 2006-284, to establish a 3-lot single-family residential subdivision, subject to the following conditions: 1. That prior to final map approval, all parcels shall be assigned street addresses by the Building Division. 2. That the final 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 Orange County Recorder (Subdivision Map Act, Section 66499.40). 3. The legal property owner shall execute a Subdivision Agreement, in a form approved by the 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, Engineering Division, Development Services to be approved by the City Attorney and City Engineer and then recorded concurrently with the final parcel map. 200 South Anaheim Boulevard P.O. Box 3222 - ~ of 2 - Excerpt Subtpm No. 2006-~ Anaheim, California 92803 www.anaheim.net TEL (714) 765-5139 F^ 4. That prior to final map approval, all existing structures shall be relocated, remodeled, or demolished to conform to Building and Zoning Code requirements. The developer shall obtain the appropriate permits from the Building Division. 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. 6. [Added at the April 12, 2007 public hearing] That vehicular access rights to Lincoln Avenue shall be released and relinquished to the City of Anaheim on the final map Sincerely, _ ~Z at handler, Senior Secretary Anaheim Zoning Administrator - 2 of 2 - Excerpt Subtpm No. 2006-~ City of An~eim PLANNING DEPARTMENT April 18, 2007 Anaheim Redevelopment Agency 201 South Anaheim Boulevard Suite 1003 Anaheim, CA 92805 Attention: Greg Hastings, Redevelopment Manager CASE NO. SUBTPM 2006-284 Dear Mr. Hastings: Congratulations! Your application for Tentative Parcel Map No. 2006-284 has been approved by the Anaheim Zoning Administrator. A copy of the Zoning Adminstrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by Apri127, 2007. If an appeal is not filed, the .Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the form and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the decision. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must be met within two years. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a variance, further actions will be necessary to complete the approval process. 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 www.anaheim.net TEL (714) 765-5139 • j At any time throughout the project, please feel free to contact Scott Koehm at (714)765-5139 extension 5395 or email address: skoehm@anaheim.net. Your planner can help get the right staff members involved to resolve your questions. Thank you for your investment in our community. We look forward to the successful completion of your project. Sincerely, <~ Dave See, Senior Planner • RESOLUTION NO. ZA2007-01 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05197 BE GRANTED (1416 WEST CENTRAL PARK AVENUE) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 3 AND 4 OF TRACT N0.3970, CITY OF ANAHEIM, COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 141 PAGES 42 AND 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on April 26, 2007 at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant's request to permit the sale of beer and wine for on-premises consumption in an existing full service restaurant is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.10.030.010. 2. That the Anaheim Police Department has submitted a memorandum that the restaurant is located within Reporting District 1723, which has a crime rate of 6 percent above the City average. The districts surrounding Reporting District 1723 have crime rates ranging from 9 percent below average to 1500 percent above average. There were two calls for service at the subject property within the last year, both of which were 911 hang -ups. The property is also located within Census Tract 871.05, which allows for five on-sale licenses and there are presently two licenses in this tract. The Police Department does not oppose the request to serve beer and wine in the restaurant. 3. That the proposed use will not adversely affect the adjoining and nearby industrial land uses or the growth and development of the area in which it is proposed to be located; 4. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 6. That granting this Conditional Use Permit, under the conditions imposed, will not be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. 7. That one person indicated their presence at said public hearing in opposition; and that one letter from the Anaheim City School District was received in opposition to the subject petition. CUP No. 2007-05197 -1- ZA2007-01 • • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: Prior to issuance of a building permit or within a period of one (1) near from the date of this resolution, whichever occurs first, the following conditions shall be complied with: That the applicant shall apply for and obtain approval from the State Department of Alcoholic Beverage Control ("ABC") for all necessary permits and approvals for the on-premises sale and consumption of beer and wine in the subject restaurant. 2. That the applicant shall submit a site plan to the Planning Services Division indicating that the subject property complies with the parking requirements (including handicapped parking stalls) in conformance with the current versions of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Said information shall be specifically shown on plans submitted for building permits. 3. [Added at the April 26, 2007 public hearing] That the applicant shall submit plans to the Planning Services Division indicating that the all roof-mounted equipment shall be screened as required in Anaheim Municipal Code Section No. 18.38.170. Said information shall be specifically shown on plans submitted for building permits. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2; and as conditioned herein. General Conditions: 5. [Added at the April 26, 2007 public hearing] That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. 6. That the establishment shall be operated as a "bona fide public eating place" as defined by Section 23038 of the California Business and Professions Code. 7. That food service with a full meal shall be available from opening time until either 10 p.m. or closing time, whichever occurs first, on each day of operation. 8. That the safe of beer and wine shall not exceed forty percent (40°I°) of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available, subject to audit, and when requested, for inspection by any City of Anaheim official during reasonable business hours. 9. That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control ("ABC") and approved by the City of Anaheim. -2- ZA2007-01 10. That there shall be no pool tables maintained on the premises at any time. 11. That subject beer and wine shall not be exchanged fora 'public premises' (bar) type license nor shall the establishment be operated as a `public premises' as defined in Section 23039 of California Business and Professions Code. 12. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 13. That the sales of beer and wine for consumption off the premises shall be prohibited. 14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 15. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beer and wine. 16. That the sales, service, and consumption of beer and wine shall be permitted only between the hours of 6:00 a.m. to 10:00 p.m., Monday through Saturday. 17. That no "happy hour" type of reduced price beer and wine promotion shall be allowed. 18. That there shall be no admission fee, cover charge, nor minimum purchase required. 19. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or conspiracy. 20. That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. 21. That there shall be no public telephones on the property that are located outside the building and within the control of the applicant. 22. That the owner of subject property shall be responsible for the removal of any on-site graffiti within twenty-four (24) hours of its application. 23. That the 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 no include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shalt result in delays in the issuance of required permits or the revocation of the approval of this application. -3- ZA2007-01 THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of April 26, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures a ay be replaced by a City Council Resolution in the event of an appeal. ~-iy-~~ DATE ANAHEIM ZONING ADMINISTRATOR ATT G S NIO SECRETARY, A AHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on April 26, 2007. IN WITNESS WHEREOF, I have hereunto set my hand this -1-,~-=day of 2007. ~~~ ~~ SENIOR'SECRETRY, ANAHEIM ZONING ADMINISTRATOR -4- ZA2007-01 City of An~eim PLANNING DEPARTMENT ,r~,• DATE: May 14, 2007 OWNER: Central Park Partners, LLC 8618 Haskell Avenue North Hills, CA 91343-5811 AGENT: Juan Nava 1416 West Central Park Avenue Anaheim, CA 92802 CASE NO. CUP 2007-05197 Dear Mr. Nava: Congratulations! Your application for CUP 2007-05197 has been approved by the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by May 29, 2007. If an appeal is not filed, the Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the form and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the resolution. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must he met within one year of approval or prior to obtaining a building permit, whichever occurs first. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a subdivision map, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Elaine Thienprasiddhi at (714) 765-5746 or (email) ethien@anaheim.net. Your planner can help get the right staff members involved to resolve your questions. 200 South Anaheim Boulevard P.O. Box 3222 Anaheim. California 92803 www.anaheim.net TEL (714) 765-5139 Page 2 CUP2007-05197 • Thank you for your investment in our community. We look forward to the successful completion of your project. Si rely, ~. Dave See Senior Planner City of An~eim PLANNING DEPARTMENT May 17, 2007 Lewis R. Schmid Trust 1725 S. Douglass Road, Suite C Anaheim, CA 92806 Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of May 10, 2007. 3a. CEQA CATEGORICAL EXEMPTION -CLASS 15 3b. TENTATIVE PARCEL MAP NO. 2006-225 OWNER: Lewis R. Schmid Trust 1725 S. Douglass Road, Suite C Anaheim, CA 92806 AGENT: Fusco Engineering 16795 Von Karman Irvine, CA 92606 LOCATION: 1729-1789 S. Douglass Road: This irregularly-shaped, 3-acre property has a frontage of 755 along the west side of Douglass Road, a maximum depth of 260 feet, and is located 489 feet south of the centerline of Katella Avenue. Tentative Parcel Mag No. 2006-225 - to establish a 1-lot, 54-unit commercial and industrial airspace attached condominium subdivision for an existing industrial complex. ACTION: The Anaheim Zoning Administrator has reviewed the proposal to establish a 1-lot, 54-unit commercial and industrial airspace attached condominium subdivision for an existing industrial complex and does hereby approve a CEQA Categorical Exemption, Section 15315, Class 15 (Minor Land Divisions), as defined in the State CEQA (California Environmental Quality Act) Guidelines. The Anaheim Zoning Administrator does hereby determine that the proposed tentative parcel map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Parcel Map No. 2006-225, to establish a 1-lot, 54-unit commercial and industrial airspace attached industrial condominium subdivision for an existing industrial complex subject to the following conditions: That an unsubordinated restricted covenant providing reciprocal access and parking approved by Planning Services Department and 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 Development Services Division. In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be 200 South Anaheim Boulevard P.o. Box 3222 - 1 of 3 - Excerpt Subtpm No. 2006-225 Anaheim, California 92803 www.anaheim.net I TEL (714) 765-5139 • 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. 2. That prior to final map approval, a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's Office. The covenant shall include provisions for maintenance of private facilities, and a maintenance exhibit. The covenant shall also include provisions for regular landscape maintenance, the removal of trash, debris and graffiti within twenty-four (24) hours after it becomes located on the Parcel, and the maintenance of reciprocal easements and parking areas, building exteriors, signage and trash collection facilities. 3. That interior floor plans and the boundaries of the airspace units shall be reflected on the map. Said plans shall be reviewed and approved by the Building Division to ensure appropriate separation between the airspace units as required by the Uniform Building Code. 4. That prior to final map approval, the final 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 Orange County Recorder (Subdivision Map Act, Section 66499.40). 5. That there shall be a recorded use agreement satisfactory to the City Attorney's office for all parcels sharing fire protection equipment and associated appurtenances. 6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical deign), along/across high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc. said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 7. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 5, and 6, herein- mentioned, shall be complied with. 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. 9. [Added at the May 10, 2007 public hearing] That prior to the earlier of either the conveyance of the first commercial and/or industrial airspace attached condominium unit ("Units") or the issuance of the temporary or permanent "Certificate of Occupancy' for the first unit approved in connection with Parcel Map 2006-225, applicant shall execute and record with the Orange County Recorder a declaration of covenants, conditions and restrictions ("CC&Rs") satisfactory to the California Department of Real Estate creating maintenance obligations, including compliance with the approved Water Quality Management Plan, and to establish a financial mechanism or financial mechanisms to maintain all of the building exteriors and improvements located on the property except for (i) the Units which are owned by the individual owners and (ii) any exclusive use easements or other areas designated for maintenance by the individual owner of the Unit as specified in the CC&Rs. - 2 of 3 - Excerpt Subtpm No. 2006-225 • This decision is made, signed, and entered into the file this 17th day of May, 2007. W~ Anaheim 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) 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 7 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: May 23, 2007 Pat Ch ndler, enior Secretary - 3 of 3 - Excerpt Subtpm No. 2006-225 City of Aeim PLANNING DEPARTMENT www.anaheim.net May 22, 2007 Lewis R. Schmid Trust 1725 South Douglass Road, Suite C Anaheim, CA 92806 CASE NO. SUBTPM 2006-225 Dear Mr. Schmid: Congratulations! Your application for Tentative Parcel Map No. 2006-225 has been approved by the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by June 1, 2007. If an appeal is not filed, the Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the forms and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the decision. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must be met within two years. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a variance, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Scott Koehm at (714) 765-5139 extension 5395 or email gsk@anaheim.net. Your planner can help get the right staff members involved to resolve your questions. Thank you for your investment in our community. We look forward to the successful completion of your project. Sincerely, c~ Dave See, Senior Planner 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714) 765-5139