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Resolution-ZA 1991-45~` • • DECISION OF THE ZONING ADMINISTRATOR - ZA 91-45 PETITION: TENTATIVE PARCEL MAP NO. 91-182 CEQA STATUS: NEGATIVE DECLARATION DATE OF PUBLIC HEARING: November 14, 1991 OWNER: DOROTHY LILLIAN BRUNSON 1840 41st Avenue, Suites 102-204, Capitola, CA 95010 AGENT: STEPHEN W. BRADFORD AND ASSOCIATES 128 South Bradford Avenue, Placentia, CA 92670 LOCATION: 2970 West Lincoln Avenue OPPOSITION: One concerned person indicated his presence at the public hearing and no correspondence in opposition was received. REQUEST: Petitioner requests approval of Tentative Parcel Map No. 91-182 under authority of Section 18.12.045 of the Anaheim Municipal Code. Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That the proposed map is consistent with applicable General Plan; 2. That the design or improvement of the proposed subdivision is consistent with applicable General Plan; 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems; and 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal for waiver of minimum number of parking spaces to establish a 4-lot, commercial subdivision on a rectangularly-shaped parcel consisting of approximately 5.11 acres located at the southeast corner of Lincoln Avenue and Beach Boulevard, having approximate frontages of 260 feet on the south side of Lincoln Avenue and 590 feet on the east side of Beach Boulevard, and further described as 2970 West Lincoln Avenue; and does hereby approve the Negative Declaration upon finding that she has considered the ZA-4151A -1- ZA 91-45 . Page 2 ~ • Tentative. Parcel Map No. 91-182 Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine to approve Tentative Parcel Map No. 91-182, subject to the following conditions: 1. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an additional easement twelve (12) feet in width along Parcel/Lot No. 1 on Lincoln Avenue for Critical Intersection street widening.. The offer of dedication shall made on the final parcel map. 2. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim an additional easement along Parcel/Lot Nos. 2 and 3 on Beach Boulevard measured from the ultimate right-of-way line at the corner of Lincoln Avenue and :Beach Boulevard, and varying in width from twelve (12) feet for the first three-hundred (300) feet and then transitioning from twelve (12) feet to zero (0) feet for the next three hundred feet. The offer of dedication shall be made on the final parcel map. 3. .That prior to approval of the final parcel map, an unsubordinated .management convenant providing reciprocal access and parking, approved by the City Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. The covenant shall include provision for reciprocal access between Parcel/Lot No. 1 and the adjacent property to the east. A copy of the recorded covenant shall then be submitted to the Zoning Division. In addition, provisions shall be made in the covenant to guarantee that the entire complex (Parcel/Lot Nos. 1, 2, 3 and 4) shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 4. * That street lighting facilities shall be installed along Beach Boulevard and Lincoln Avenue as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit for any new construction. The above-required improvements shall be installed prior to final building and zoning inspections. 5. That if there are any existing fire water lines, the parcels/lots shall not share them. Each parcel/lot shall have its own separate fire water service. Fire water lines shall be shown on the parcel map and shall be approved by the Fire Department. ZA-4151A -2- ZA 91-45 . Page 3 Tentative Parcel Map No. 91-182 6. * That trash storage areas shall be provided and maintained in locations acceptable to the Department of Maintenance and in accordance with approved .plans on file with said Department for each parcel. 7. That in connection with the submittal of plans for any new building construction on (1) one or more of the lots herein approved, a Plan Sheet .for solid waste storage, and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 8. That subject property shall be developed substantially in accordance with plans and specifications submitted to the Planning Department by the petitioner and which plans are labeled Exhibit No. 1. 9. That prior to final parcel map approval or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2, 3, 5, 6 and 8, above-mentioned, shall be complied with. 9. * That approval of this application constitutes approval of the 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. Conditions marked with an asterisk (*) are required by established laws,`codes, regulations and agreements and are, therefore, not subject to negotiation. This decision is made, signed, and entered into the file this twenty-first day of November, 1991. Annika M. Santalahti Zoning Administrator. NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 10 days of the date of the signing of this decision or unless members of the City Council shall request to review this decision within said 15 days. DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set forth below, I did deposit, in the United States Mail, a copy of the decision to the applicant and did forward a copy to the City Clerk. DATED: November 21, 1991 Pamela H. Starnes Administrative. Assistant ZA-4151A -3- ZA 91-45