Resolution-ZA 2008-15RESOLUTION NO. ZA2008-15
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 15 AND
APPROVING TENTATIVE PARCEL MAP NO. 2008-147
(1228 - 1310 WEST DIAMOND STREET)
WHEREAS, the Anaheim Zoning Administrator did receive an application for
Tentative Pazcel Map No. 2008-147 to merge five pazcels into one parcel for certain real
property situated in the City of Anaheim, County of Orange, State of California shown on
Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on August 21, 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 heaz and consider evidence for and against said
proposed tentative pazcel 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 merging of five pazcels into one parcel, including its design and
improvements, is consistent with the General Plan and the RM-4 (Multiple-Family Residential)
Zone designation for the property.
2. That the site is physically suitable for the type and density of the development
currently under construction, and as proposed for subdivision.
3. That the design of the subdivision is not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat, as the site is
currently under construction with a 25-unit apartment complex and only a small accessory
gazebo structure 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 under construction and only a small
accessory gazebo structure is proposed as part of this subdivision.
5. 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.
6. That no one indicated their presence at the public heazing in opposition; and that no
correspondence was received in opposition to the subject request.
-1- ZA2008-15
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15315, Class 15 (Minor Land Divisions), as defined in the State CEQA
Guidelines and is, therefore, exempt from the requirement to prepaze additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning
Administrator does hereby approve Tentative Parcel Map No. 2008-147 subject to the conditions
of approval described in Exhibit "B" attached hereto and incorporated by this reference which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to 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 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 declazed 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. 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 August 21, 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 maybe
replaced by a City Council Resolution in the event of an appeal.
ATTEST:
~ _
ANAHEIM ZONING ADMINISTRATOR
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-2- ZA2008-15
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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 21, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
2008.
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-3- ZA2008-15
Exhibit A
; J
d
I1J
}
>
~
H
J
lr >
w a
d Z
• DIAMOND ST O •
• sX* ~ tJ 229 58 ~ x,,~a
~'~ W
J
s~ v
5
~••``~• } v' t 4 i'
~~ z s'4~,r tl c~ 'd A
Q
Y 7
x'~
1r32' ~~~
4
U
d~~~~7 ~~h Y~
5
.,.,,, ~
.~
WILSHIRE AVE
'
LINCOLN AVE \;
TER S
\ OEN
~;
o so ioo ® Source: Recorded Tract Maps and/ar City GIS.
reM Please note the accuracy is+/- two to five feel.
Subject Property _ ~
~
~
_ ~
~
a
_~
~~
Tentative Parcel Map No. 2008 -147 W~~~°°w q°e ~,
W. B0.° H°WgT
1228-1310 West Diamond Street Hos ea
~~"'1236~-'`11
"$ 1
a ~: ry ~
N
µ~s
EXHIBIT "B"
TENTATIVE PARCEL MAP N0.2008-147
Responsible
No. Conditions of A royal for Monitorin
PRIOR:TOF'INALMAPAPPROYAL` = ,
1 That the final map shall be submitted to and approved by the Public Works
City of Anaheim and the Orange County Surveyor and then
shall be recorded in the Office of the Orange County
Recorder (Subdivision Map Act, Section 66499.40)
GEIYER,9L CO NDITIONS , "; ` ,_
2 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on file
with the Planning Department mazked Exhibit No. 1, and as
conditioned herein.
3 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 applicant has demonstrated significant
progress toward establishment of the use or approved
development.
4 That extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
5 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.
-5- ZA2008-15