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Resolution-ZA 2008-13It~SOLUTION NO. ZA2008-13 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 15 AND APPROVING TENTATNE PARCEL MAP NO. 2008-1 l7 (3450-3454 EAST MIRALOMA AVENUE) WHEREAS, the Anaheina Zonin~ Administrator did receive an application for Tentative Parcel Map No. 2008-I 17 fpr certain rea] property situated in the City of Anaheim, County of Orange, State oF California shown on Exhibit A, attaclied hereto and incorporated hercin by this reference; and ~NHEREAS, the Zaning Administrator did hold a gublic hearing at t~ie Civic Center ii~ the City of Analieim on August 7, 2008, at 9:30 a.m., notice of said public l~earing having been duly given as required by ]aw 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 connectiou tl~erewith; and WHEREA3, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due co~sideration of all evidence and reports offered at said hearing, does find and determine the following facts: L That the proposed subdivision, including its design and improvements, is consistent with the General Plan and the Northeast Area Specific Plan, Development Area 2(Gxpanded Indush•ial Area) designation for the property. 2. That the site is physically suitable for the type and density of the existin~ development, as proposed for subdivision. 3. That the design of the subdivision is not likely to cause substantial environmental daniage or substantially and avoidably injure fish or wi(dlife or their habitat, as the site is currenily developed and no further development is proposed as part of this subdivision. 4. That 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 further development is proposed as part of this subdivision. 5. Tllat 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. 6. That no one indicated iheir presence at the public heazing in opposition; and that no correspondence was received in opposition to [he subjcct request. WHEI2~AS, the proposed project falls within the definition of Categorical ~xemptions, Section 15315, Class 15 (Minor Land Divisions), as defined in tl~e 5tate CEQA ZA2008-13 Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, TH~REFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby approve Tentative Parcel Map No. 2008-117 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference whicli are hereby found to be a necessary prerequisite to fhe proposed use oFthe subject property in order Yo preserve the heath, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and determine thaf 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 dedared 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 applicaat is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final iiivoice. Failure to pay all charges shall result in delays in the issuance of required pertnits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting oF August 7, 2008. Said resolution is subject to the appeai provisiotis 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. ' ~ i' i ~ ~~~" G'=~~~ ~ ANAHEIM ZONIN~ ADMINISTRATOR ATTEST: / ~ ,,'C L~=:,.-rjv,- /;%'ti;-ti-t-~ SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OP ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Monis, 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 August 7, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this 7~' day of ~-~ ~~c; i%ti ~i- , 2008. T~n' ~ ' C~.:~~L~ ~~ ~V ' _"~ '1~'~21't~ 3ECRETARY, ANAHEIM ZONING ADMINISTRATOR -2- ZA2008-13 a m me ~ ~ ~ Subject Property Tentative Parcel Map No. 2008-117 3450-3454 East Miraloma Avenue / PVE M~RP~~M~I . . . . . _ _ . _ . _ . . . . .. . .. . ' _ " ' _ . " " " _ . Source: Recorded Tracl Maps and/or Ciry GIS. Please note the acaracy is +/- two to frve fael. TG s~, ~2 ~2 G~ \ 9L 0 105fi8 EXHIBIT "B" T~NTATIV~ PARCEL MAP NO. 2008-117 Responsible COA Conditions of Approval for Mo~itorin PRIOR TO'FINAL MAPAPPROYAL ~ ' That an unsubordinated restricted covenant providing plannin ~ reciprocal access and pazking approved by the Planning Services Division in a form satisfactory to the City Attorney shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the Zoning Division, In addition, provisions shall be made in the covenanY to guarantee that the entire complex shall be managed and maintalned as one (1) integral pazcel for purposes of parking, vehicular circulation, driveway access, signage, and maintenance, and said covenant shall be referenced in all deeds transferring all or any part of the interest in the ro erty. 2 The developer sl~all post a cash payment in lieu of the stieet Public Works - improvements. The developer shall submit a construction cost Development ' estimate for review and approval, in order to decemiine cash Services payment amount. 3 That tl~e final map shall inalude a note on flie plan indicating Public Works - ihat prior to any private storm drains connecting to a City storm Development drain, the recordation of a Save Harniless in-lieu of Services Encroactunent Agreement shall be required. 4 A maintenance covenant shall be submitted to Uie Public Public Works - Works Department, Development Services and approved by ' Development the City Attomey's office. The cove~a~it shall include Services provisions for maintenance of private facilities and compliance witl~ approved tl~e Water Quality Management Plan. The covenant shall be recorded concurrently ~vitl~ the final map. 5 All pazcels shall be assigned street addresses by the Building Public Works - Division. Development Services 6 That the final map shall include a note that the sanitary sewer Public Works - and storm drains for this development shall be privately Development maintained. Scrvices -~1- ZA2008-13 7 Tliat a recorded use agreement, in a fornl satisfactory to the Fire City Attorney's office and Fire Department, shall be submitted for all pazcels sharing fire protection equipment and associated appurtenances. 8 7'haY the final map shall include a noCe that tl~e legal owner of Publia Utilities subject property shall provide the City of Anaheim with a Electrical public utilities easement as deternzined to be necessary wlien the electrical design is completed. TIMING: GENERAL CONDITIONS 9 Tl~at a final map shall be submitted to and approved by the City Public Works - oP Anaheim and the Orange County Surveyor. Following Development approval, the final parcel map shall be recorded in the Office of Services the Orange County Recorder. A reciprocal access agreement shall be recorded concurrently with the final pazcel map. 10 That subject properly shall be developed substantially in Planning accordance with plans and specifications submitted to the City o£Anaheim by the petitioner and which plans aze on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 11 That timing for complilnce 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 satisFes the original intent and purpose of Yl~e condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstraYed significant progress toward establishment of the use or approved development. 12 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipa] Code. 13 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 complia~ice or approval of the request regarding any other applicable ordinance, regulation or requirement. ~5- ZA2008-13