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Resolution-ZA 2008-18RESOLUTION NO. ZA2008-18 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 15 AND APPROVING TENTATIVE PARCEL MAP NO. 2007-156 (823 NORTH ANAHEIM BOULEVARD AND 810-818 NORTH ZEYN STREET) VJHEREAS, the Anaheim Zoning Administrator did receive an application for Tentative Parcel Map No. 2007-156 to establish a three lot subdivision 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 September 18, 2008, at 9:30 a.m., notice of said public heazing having been duly glven 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 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 heazing, does find and determine the following facts: 1. That the proposed three lot subdivision is consistent with the Land Use Element of the Genera] Plan in that the proposal does not obstruct the attauunent of basic General Plan land use objectives and furthers the goal of preserving the integrity and future development of existing single-family neighborhoods. 2. That the site is physically suitable for the type and density of the existing 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 developed with multi-family and single-family residences and a used caz sales lot. 4. That the desia of the subdivision or the type of improvements is not likely to cause serious public health problems, as the site is currently developed with multi-family and single- family residences and a used car sales lot, and the proposed subdivision is not for new construction purposes but for the purpose of sale. 5. That the desi~n of the subdivision or the type of improvements will not conflict with easements, for access throuoh 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- ZA2008-1 & 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 Pazcel Map No. 2007-156 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which aze 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 fmal 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 chazges 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 September 18, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 1$.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: ~-- ,~~'G~~ Q,'ITIAHEIM ZO~VIN(i~MINISTRATOR / i ,~-... /~~L,,-sz~ SECRETARY. ANAHEIM ZONING ADMINISTRATOR -2- ZA2008-18 STATE OF CALIFORNIA ) COUNTY OF O1tANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 18, 2008. `IN WITNESS WHEREOF, I have hereunto set my hand this ~~~~' day of ~a a-~ew~ be-r , 2008. ~ ~~~-- /~~-`-,,~.~ SECRETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2008-18 EXHI~IT "A" TENTATIVE PARCEL MAP NO. 2007-156 -4- ZA2008-18 EXHIBIT `B" TENTATIVE PARCEL MAP NO. 2007-156 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR IvIONITORING PRIOR TO APPROYAL OFFINAL PARCEL MAPAND WITHIN TWO YEARS OF THE < DATE OFAPPROYAL 1 The subdivider shall obtain a Right of Way Construction Public Works Permit from the Department of Public Works and remove ttie exisring southem driveway at 810 N. Zeyn Street and replace with curb, gutter, landscaped pazkway and sidewallc. 2 The legal property owner shall irrevocably offer to dedicate to Public Works the CiTy of Anaheim, on the final pazcel map, an easement 53 feet from the centerline of Anaheun Boulevazd. 3 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). 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 Municipai Code and (iii) the applicant has demonstrated significant progress towazd establishment of the use or approved development. 5 That extension for further time to complete conditions of Planning approval may be granted in aceordance with Section 18.60.170 of the Anaheim Munici al Code. 6 That approval of this application constitutes approval of the ' Planning proposed request only to the extent that it complies with the Anaheim Nlunicipal 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 xequirement, -5- ZA2008-18