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Resolution-ZA 2006-30• • RESOLUTION NO. ZA2006-30 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR ADMINISTRATIVE ADJUSTMENT NO.2006-00294 BE GRANTED (1371 - 1375 NORTH MILLER STREET) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Administrative Adjustment for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THE SOUTHERLY 315. FEET OF THAT PORTION OF LOT 2, BLOCK "K', OF THE KRAEMER TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGE(S) 87 AND 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT A POINT DISTANT WESTERLY 628.65 FEE, MEASURED AT RIGHT ANGLES FROM A POINT ON THE EASTERLY LINE OF SAID LOT 2 THAT IS SOUTHERLY 1155.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTHERLY 693.00 FEET PARALLEL TO THE SAID EASTERLY LINE; THENCE WESTERLY 691.35 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT TO A POINT IN THE WESTERLY LINE OF SAID LOT; THENCE NORTHERLY 693.00 FEET ALONG SAID WESTERLY LINE; THENCE EASTERLY 691.35 FEET, PARALLEL WITH THE NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING. EXCEPT THE EASTERLY 11.35 FEET THEREOF AS DESCRIBED IN A DEED TO DOMINIC IN A DEED TO DOMINIC JAMBON AND YVONNE JAMBON, RECORDED JUNE 21, 1961 IN BOOK 5760, PAGE 590, OF OFFICIAL RECORDS. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on November 9, 2006 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 18.62.040.030 to hear and consider evidence for and against said proposed administrative adjustment 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. The petitioner requests approval of the following waiver to establish a 2-lot industrial subdivision for an existing industrial complex under authority of Code Section No. 18.62.040.020.0202: SECTION NO. 18.120.050.080.0802 Maximum floor area ratio (FAR) 50% permitted; 52% proposed for Parcel 1; 54% proposed for Parcel 2) 2. That the above-referenced administrative adjustment has been duly noticed and no written objections have been received. 3. That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim Municipal Code, that the request is hereby granted in accordance with Subsection 18.62.040.010 of the Anaheim Municipal Code which permits waiver of maximum floor area in connection with administrative adjustments. 4. That no written opposition was received during the required 10-day notification period which ended on November 8, 2006. ADJ No. 2006-OO.doc -1- ZA2006-24 • • NOW, THEREFORE, BE 1T RESOLVED that the Anaheim Zoning Administrator does hereby grant subject Petition for Administrative Adjustment, 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: 1. That the 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 - 2, as conditioned herein. 2. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 1,above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.60.170 of the Anaheim Municipal Code. 3. 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. 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 shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of November 9, 2006. 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 fifteen (15) days from the date of the signing of this decision or unless members of the City Council shall request to review this decision within twelve (12) days from the date of signing. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ~ ~ ~ G /,~~ DATE ANAHEIM ZONING ADMINISTRATOR ATT T: i/ --e. SENIO SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- ZA2006- "~ ~'} u 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 November 9, 2006. ~y IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of / ~ t , 2006. Y i ~~ SR. SE RE NAHEIM ZONING ADMINISTRATOR -3- ZA2006- 3 ~