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Resolution-ZA 2008-02• RESOLUTION NO. ZA2008-2 • A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 2007-185 (201-295 WEST CENTER STREET PROMENADE AND 200 SOUTH CLEMENTINE STREET) WHEREAS, the Anaheim Zoning Administrator did receive an application for Tentative Parcel Map No. 2007-185 for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1 OF PARCEL MAP NO. 90-224, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 256, PAGES 3 THROUGH 11, INCLUSIVE OF PARCEL 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 February 14, 2008, 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 tentative parcel map 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 proposed subdivision is consistent with the General Plan and the zone district designation. for the property. 2. That the design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. That the site is physically suitable for the type and density of development. 4. 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. 5. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 6. 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 property within the proposed subdivision. 7. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject request. -1- ZA2008-2 r~ u CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Zoning Administrator has reviewed the proposal and does hereby find that the project is categorically exempt from CEQA, Class 15, and that no additional environmental documentation is required. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby approve Tentative Parcel Map No. 2007-185, 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: COA Conditions of Approval Responsible for Monitorin TIMING: P RIOR TO ISSUANCE OFBUILDING PERMIT COA 1 That an unsubordinated restricted covenant providing Planning, Public reciprocal access and parking approved by the Planning Works - Services Division in a form satisfactory to the City Attorney Development shall be recorded with the Office of the Orange County Services, City Recorder. A copy of the covenant shall then be submitted to Attorney the Zoning 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 covenant shall be referenced in all deeds transferring all or any art of the interest in the ro erty. COA 2 That all parcels shall be assigned street addresses by the Building Building Division. .GENERAL COA 3 That a final map shall be submitted to and approved by the Planning, Public City of Anaheim and the Orange County Surveyor. Following Works - approval, the final parcel map shall be recorded in the Office Development of the Orange County Recorder. A reciprocal access Services agreement shall be recorded concurrently with the final parcel map. COA 4 That approval of this application constitutes approval of the Planning 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. COA 5 That timing for compliance with conditions of approval may Planning be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the ap licant has demonstrated significant -2- ZA2008-2 • progress toward establishment of the use or approved development. 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 February 14, 2008. 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. /~'~~~ ANAHEIM ZONING ADMINISTRATOR ATTEST: ~~ SENIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 February 14, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~ '~ day of - ~~ u ~ , 2008. SENIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2008-2