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Resolution-ZA 2008-17RESOLUTION NO. ZA2008-17 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 15 AND AP~'ROVING TENTATIVE PARCEL MAP NO. 2008-153 (1275 -1287 EAST LINCOLN AVENUE) WHEREAS, the Anaheim Zoning Administrator did receive an application for Tentative Pazcel Map No. 2008-153 to establish a three lot subdivision for certain real property situated in the City of Anaheim, County of Orange, State of Califomia shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Zoning Administrator did hold a public heazing at the Civic Center in the City of Anaheim on September 4, 2008, at 930 a.m., notice of said public heazing 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 WI-IEREAS, 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 heazing, does find and determine the following facts: 1. That the proposed subdivision, including its design and improvements, is consistent with the General Plan and the RM-4 (Multiple-Family Residential) Zone designarion for the properiy. 2. That the site is physically suitable for the type and density of the planned residential development, 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 deve]oped with a one-story commercial building. 4, That the design of the subdivision or the type-of improvements is not lil<ely to cause serious public health problems, as the site is cunently developed with a commercial building and the proposed subdivision and residential improvements aze in conformance with development standards and policies of the General Plan and Zoning Code. •- 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at lazge, for access through or use of property within the proposed subdivision. 6. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in oppositipn to the subject request. -1- ZA2008-17 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. 2008-153 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 welfaze 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 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 RE50LVED that the applicant is responsible for paying all charges related to die processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all chazges 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 September 4, 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. ATTEST: ~ ,; , ,- __.. ~I~/:~~. ,~IAHE~IM ~ NING ADMINISTRATOR % ~ i~?/l , ~e~-~~ ~ SECRETARY, ANAHEIM ZONING ADMINISTRATOR -2- ZA2008-17 STATE OF CALIFORNIA ) COUNTY OF 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 September 4, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this S~' day of ~~, 2008. .~~ ~o SECRETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2008-17 EXIIIBIT "A" TF.NTATiVF, PARCEL MAP NO. 2008-153 G/ ~` ~ 9 ~ \ N~ Y N~ \ ~m ~ ~ ~ G 9J lOV ~ ~ ~zc Q 5ubject Property 1275-1287 East Lincoln Avenue E UPALNAAVE ~ ?1 m~ ~` ~ m~ s. ~51 E I LMCOINRVE `aE E SR AOWPY J~~9`N ` . ~~yPY : ,N10~ ~ S"1 . E. ourNS. y. s~ 10595 -4 Yl;%VViS - ~ i Source: Remrded Trect Maps end/or CIry~GIS. Pleese note the eccuracy is+/-two to five feet. EXHIBIT "B" TENTATIVE PARCEL MAP NO. 2008-153 No. Conditions of Approval Responsible for Monitoring PRIOR TO APPROYAL OF FINAl TRACT MAPAND N'ITHIN TWO Y.EARS OF TFIE DATE OFAPPROYAL 1 Thatan unsubordinated restricted covenantproviding Planning reciprocal access and parking between Pazcels 1, 2 and 3, as well as provisions that guarantee that the entire complex shall be managed and maintained as one (1) integral pazcel for purposes of parking, vehiculaz circulation, signage, and ' maintenance, shall be submitted for review and approval by the Planning Department and in a form satisfactory to the City Attorney, and shall be recorded with the Office of the Orange County Recorder. The covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 2 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) GENERAL CONDITIONS 3 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 aze on file with the Planning Department marked E~thibit No. 1, and as conditioned herein. 4 That the timing for compliance with conditions of approval Planning may 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 towazd establishment of the use or a proved development. 5 That extension for fiu-ther time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 6 That approval of this application constitutes approval of the Flanning proposed request only to the extent that it complies with the Anaheim Mmiicipal 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 regazding any other applicable ordinance, regulation or requirement. _5_ ZA2008-17