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Resolution-ZA 1998-11~.4_ t DECISION NO. ZA 98-11 A DECISION OF THE ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 94-186 OWNER: JUN and MARCIA NISHINO 1780 North Winlock Street Orange, CA 92665 AGENT: GYZEN ASSOCIATES ARCHITECTS Attention: Jeffrey H. Gyzen 2081 Business Center Drive, #128 Irvine, CA 92612 LOCATION: 201 South Peralta Hills Drive CEQA STATUS: CEQA NEGATIVE DECLARATION HEARING DATE: April 23, 1998 OPPOSITION: One concerned person spoke at the public hearing and no correspondence in opposition was received. REQUEST: To establish a 2-lot detached single-family residential subdivision in the "RS-HS- 43,000(SC)" Residential, Single-Family Hillside -.Scenic Corridor Overlay Zone. Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040, to decide 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 this parcel map was previously approved on November 4, 1994, but that the map expired and the owner still wishes to subdivide the property; and that the zoning standards applicable to this proposal are the same as they were in 1994. 2. That the proposed map is consistent with the Anaheim General Plan. 3. That the design and improvement of the proposed subdivision is consistent with the Anaheim General-Plan. 4. That the site is physically suitable for the type of development. 5. That the site is physically suitable for the proposed density of development. 6. That the design of the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 7. That the design of the subdivision and the type of improvements are not likely to cause serious public health problems. 8. That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. TP94-186.doc - 1 of 3 - ZA 98-11 .~ ;. • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal fora 2-lot detached single-family residential subdivision in the RS-HS-43,000(SC) zone on a irregulariy-shaped parcel consisting of approximately 2.31-acres of property with a frontage of 90 feet on the south side of Peralta Hills Drive, a maximum depth of 476 feet and being located approximately 1,569 feet south of the centerline of Santa Ana Canyon Road (201 South Peralta Hills Drive); and does hereby approve the Negative Declaration upon finding that she has considered the Negative Declaration 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 to approve Tentative Parcel Map No. 94-186, subject to the following conditions: 1. That any specimen tree removal shall be subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Municipal Code pertaining to the "SC" Scenic Corridor Overlay Zone. 2. That in the event a parcel map to subdivide subject property is recorded, an unsubordinated restricted covenant providing reciprocal access between the two Pots, approved by the City Traffic and Transportation Manager and the Zoning 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 Zoning Division. In addition, provisions shall be made in the covenant to guarantee that the easement shall be maintained by each property owner and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 3. 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 such as the shared access. The covenant shall be recorded concurrently with the final map. 4. That the private and :reciprocal access easement shalt.. be reserved on the final parcel map and recorded concurrently with the final map, as required.by the Public Works Department. 5. That prior to approval for occupancy for any future development, the private access road shall be constructed within the private access easement in accordance with Public Works Standard Detail number 116. This requirement shall be evidenced by an improvement certificate on the final parcel map. 6. That subject property shall.be.developed: ubstantially.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 Revision No. 1 of Exhibit No. 1 and dated April 23, 1998. 7. That prior to final parcel map approval, Condition Nos. 2, 3, 4, 5 and 6, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 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. TP94-186.doc -2of3- ZA 98-11 • .. ,~, This decision is made, signed, and entered into the file this 30th day of April 1998. 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 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: Apri130, 1998 r (~` Patricia Koral Word Processing Ope for TP94-186.doc -3of3- ZA 98-11 • CITY OF ANAHEIM, CALIFORNIA Planning Department May 14, 1998 David Powers and Lois Powers 27732 Paseo Barona San Juan Capistrano, CA 92675 RE: Administrative Adjustment No. 137 I have been appointed Zoning Administrator by the Planning Director to decide the above-referenced Administrative Adjustment; however, since a written objection was received during the ten-day public notice period ending on May 6, 1998, I am no longer authorized to act on this proposal unless a public hearing is first conducted, as specified by Anaheim Municipal Code Section 18.12.080. A public hearing will be scheduled after you have submitted the appropriate information and have paid the cost of notification for such hearing. Please contact one of the zoning representatives in the Planning Department for further assistance. If you choose not to proceed with Administrative Adjustment No. 137, no further action is necessary. Sincerely, ~~~~~~ Annika M. Santalahti Zoning Administrator cc: Bradley Lincoln 5753 Santa Ana Canyon Road, #G Anaheim, CA 92807 adj-137.DOC 200 South Anaheim Boulevard P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net DRUG USE IS IFE ABUSE