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Resolution-ZA 2008-12RESOLUTION NO. 7..A2008-12 A FZESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND t1PPROVING TENTATNE PARCLL MAP NO. 2007-238 (1400-14~0 NORTH LAF:EVIEW AVENUE) WIIERLAS, the Anaheim Zoi~ing Administrator did receive az~ application for Tentative Parcel Map Na 2007-238 For certain real property situated in the City of Anaheim, County of prange, State of Califomia shown on ~xhibit A, attached hereto a~id incorporated herein by ttvs reference; and Va'HEREAS, il~e Zoning Administrator did hold a public hearing at the Civic Center in tlie City oFAnaheim on July 24, 2008, at 930 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipat Code, Cliapter 18.60 "Procedures", to hear ~nd consider evidence for and against said proposed tentative parcel map ancl to investigate and malce findings and recommendations in connection therewith: and WHEREAS, said Zouing Administrator; after due inspection, investigation and study made by itself a~id in its behalf, and after due consideration of all evidence and reports offered at said heazing, does find and determine the Following facts: 1. That the proposed subdivisioii, including its design and improvements, is consistent with the General Plan and the Northeast Area Specific Plan, Devetopment .4rea 2(Expauded Industrial Area) designaYion for the property. 2. That the site is physically suitable for the type and density of the existing development, as proposed for subdivision, 3. That ihe design of the subdivision is uot likely to cause substan6a] eno~ironmental da~nage or substantially and avoi~lably injure fish or wildlife or their haUitat, as the site is cunenUy developed and no fiuther development is proposed as part of this subdivision. 4. 7'hat the design of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site is currently developed and no furtl~er development is proposed as part of this subdivision. 5. That the design of the subdivision or the type of improvements wi11 not conflict ~~2tU zasements, acquired by the public at lazge, for access throueh or use of property within the proposed subdivision. 6. That no one indicated their presence at the public hearing in opposition; and that no coiTespondence ~vas received in opposition to the subject request. -1- ZA2008-12 WHEREAS, the proposed project falls witliin the definition of Categorical E~en~pYioi3s, Section 1~301, Class i(~xisting Facilities), as defined in the State CBQA Guidelines and is, therefore, exempt from the requirement to prepare additiaial enviroiunental documentation. NO~r, TH~R~PORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby approve TentaYive Parcel Map No, 2007-238, upon the following conditions which are hereby found to be 1 necessary Prerequisite to ihe proposed use of the subject property in order to preserve the heatli, safety and ~eneral welfare of the Citizens of ihe City of Anaheim: Responsiblc Np. Conditions of A roval for Monitprin ~'IMING: PRZOIt T07%IN•4LlYfAPAPPROI~,4L ~: 1 That an unsubordinated restricted covenant providing Planning reciprocal access and parking approved by the Planning Services Division in a form satisfactory to the City Atkorney shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the PlannSng Services Division of the Planning Departnient. In addition, provisions shall be made in the covenant to guarantee ihat the entire property sliall be managed azid maintained as one (1) integra] parcel for purposes of pazking vehicular circulation, signage, maintenance, and land usage, and fliat the covenant shall be referenced in all deeds transferring all or any part oFthe interest in the property. 2 That all parcels/airspace units shall be assigned street Building addresses by tlie Building llivision. 3 That a recorded use agreement, in a forni satisfactory to the P'ire City Attomey's of~ice and Fire lleparUnent, shall be submitted for all pazcels sbaring fire protecqon equipment and assoeiated appurlenances. 4 That d~e legal property owner shall irrevocably affer to dedicate Public Works - to flie City of Anaheisu, on the final pazcel map, an easement Development 38-feet in width from the centerline of Eisenhower C'rrcle for Services road, public utility, azid otl~er public purposes. 5 That a maintenance covenant shall be submitted to the Public Works - Subdivision Section and approved by the City Attomey's Development ' office. The covenant slzall include provisions for Services maiuteuance of private facilities and a maintenance exhibif. The covenant sl~all be recorded concurrently with the Final Map. -2- ZA2008-12 b ThaC thz legal owner of subject property shall provide the Public Utilities City of Anahcim with a public utilities easement as Clectrical determined to Ue necessary when the electrical design is completed. 7 That [rash storage area(s) shall be maintained in locations PW-Streets and acceptable to the Public Works Department, Streets and Sanitation Sanitation Division, and in accordance with approved plans on file with said Department. The walls of the storage areas Code shall be protected from graffiti opportunities by tlie use of Enforcement plant materials such as clinging vines or tall sluvbbery. TIMING: GEN k'R4L' CONDITIONS . ' 8 That a final map shall be su6mitted to and approved by the City Public ~Norlcs - of Anaheim and the Urange County Surveyor. Following Developmenf approval, the final parcel map shall be recorded in the Office of Services ilie Orange County Recorder. A reciprocal access agreement shall be recorded concurrently witU the final parcel ruap, 9 That subject property sliall be developed substantially in Planning accordance with pla~is a~id specifications submitted to the City of Anaheim by tl~e applicant and which plans aze on file with die Planning Department marked Exhibit No. 1, and as conditioned herein. 10 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 estaUlished tliat satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipa] Code and (iii) flie applicant has demonstrated significant progress towazd establishment of the use or approved development. 11 That extensions Por furlher time to complete condiYious of Planning approval may be granted in accordance with Section 18.60.170 of Ytae Anaheim Municipal Code. 12 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 oflier applicable City, State and Federal regulations. Approval dozs not include any action or findings as to compliance or approval of the request regarding any other applicaUle ordinance, regulation or requirement. -3- ZA2008-12 BE IT FURTHER RESOLVT'D that thc Anaheim Zoning Adminisirator does hereby find and determine tllat adoption of ttiis Resolutiou is exprzssly predicated upon applica~lt's compliance with each and all of the conditions l~ereinabove set forth. Should any such condition, or any pari thereoP, be declazed invalid or unenforceable by fhe final judgment of any coLUt of competentjurisdiction, then this Resolution; and any approvals herein contained, shall Ue deemed null and void. BE IT PURTHER RESOLVED that the applicant is responsible for paying all charges related to the processine oPtlus discretionary case applicatiott withut 15 days of tUe issuance of the final invoice. Failure to pay all charges shall result in delays in the issua~ice oP required permits or the revocation of the approva] of this application. THE FOREGOING RESOLUTION was adopted al the Zoning Administrator mectii~g of July 34, 20U8. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of tl~e Analieim Municipal Code perfaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. L ~_ ~ ANAHEIM 70NING ADMINISTRATOR ATTEST: ~.~a.--- /~1.~+~ SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OI' ORANGE ) ss. C1TY OF ANAHEIM ) I, Clea~ior Morris, Secretary of the Anaheim Zoning Aclministrator, do hereby certify tliat the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 24, 20U8. IN R'IT'NESS WHEREOF, I have hereunto set my hand tlvs o2 `~ ~ day of v ~ u , 2008. ~~~ ~~~~ SECRETARY, ANAHEIM ZOI~1ING ADMINISTRATOR -4- ZA2008-12 _. _. __ -- -._..._.. .. _ --.. .... _ - -- ..._ ~ ~~ ~ _ ~RANGETHORpEAVENUE j e i i j ' 9 ~ ef 1 j 1 1 ~~ W ~ EISENHOWER CIRCLE ~ ~ _~ 17d4P".'.- • , ~C , . _. ~ ~ „`-:_:'.713.29i ~ EISENHO j WER CiRCtE ~ ~ j 1 1 j 1 '~ . ' .........:...~...............""'..."","'""'__'._"""'_'._"""'_.._.._.,"""_' /~-_-"-'8i~ ~' Source: Rewrded Tract Maps antllor City GIS. Fr~ ~ Please nole the accuracy Is +/_ ~y~o to frve feet. ~ Subject Property Tentative Parcel Map No. 2007-238 1400-1450 North Lakeview Avenue 70564 I