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Resolution-ZA 2001-25f DECISION NO. ZA 2001-25 A DECISION OF THE ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 2001-133 OWNER: Milton Owens 542 Handy Street Orange, CA 92876 AGENT: Tom Waters 1438 East Road La Habra Heights, CA 90631 LOCATION: 7680 Danielle Circle HEARING DATE: July 26, 2001 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. SUPPORT: Two people spoke in favor of the proposal. REQUEST: To establish a 2-lot single family residential subdivision in the RS-HS-22,000(SC) (Residential, Single Family Hillside -Scenic Corridor Overlay) Zone. 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 subject property is currently vacant although graded for development; and that the Anaheim General Plan Land Use Element designates the property for Hillside Estate Density Residential land uses. 2. That the proposed map is consistent with the applicable General Plan. 3. That the site is physically suitable for the proposed density of development. 4. That the design of the subdivision and/or the proposed improvements, which will be visible to Deer Canyon (a public park to the east), are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. That the design of the subdivision and/or the type of improvements are not likely to cause serious public health problems. 6. That the design of the subdivision and/or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the underlying property. 7. That granting of this tentative parcel map, under the conditions imposed, will not be detrimental to the peace, health, safety or general welfare of the citizens of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to establish a 2-lot single-family residential subdivision in the RS-HS-22,000(SC) (Residential, Single-Family Hillside -Scenic Corridor Overlay) Zone on an irregularly-shaped 1.76-acre property located at the terminus of Danielle Circle, having a frontage of 306 feet on the east side of Danielle Circle and a maximum depth of approximately 300 feet, being located 110 feet north of the centerline of Owens Drive, and further described as 7680 Danielle Circle; and does hereby approve the TP2001-133.doc - 1 of 3 - ZA2001-25 • C: 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. 2001-133, subject to the following conditions: That the legal owner of the subject property shall execute and record an unsubordinated covenant obligating itself and any subsequent property owner/developer to comply with the following: (a) Prior to approval of a grading plan, or prior to issuance of a grading permit, or prior to issuance of a building permit, or prior to commencement of any other activities involving soil disturbance/clearing of coastal sage scrub areas, which ever occurs first: (1) The property owner/developer shall submit plans to the U.S. Fish and Wildlife Service, the California Department of Fish and Game, the County of Orange, and the Planning Department showing all areas of coastal sage scrub on the subject parcel which are proposed to be cleared or avoided; and (2) The property owner/developer shall submit to the Planning Department a letter from the U.S. Fish and Wildlife Service documenting that any proposed grading/soil disturbance/clearing activities are in compliance with the Central and Coastal Natural Community Conservation Program ("NCCP") requirements. (b) Prior to commencement of any grading activities, the property owner/developer shall provide for a qualified biologist to be present at any pre-grading conference to ensure that coastal sage scrub areas designated for avoidance are properly protected. Said biologist shall delineate all areas of coastal sage scrub which are to be protected with temporary fencing or other markers clearly visible to construction personnel. Proof in the form of a letter to indicate compliance with this condition shall be submitted to the Planning Department prior to commencement of grading activities. (c) Any and all coastal sage scrub on the subject property shall be avoided, unless otherwise approved in writing by the U.S. Fish and Wildlife Service and the California Department of Fish and Game in accordance with the NCCP requirements, and in accordance with a grading plan approved in by the City of Anaheim. Waste dirt and rubble shall not be deposited on coastal sage scrub, and no construction access, parking or storage of equipment or materials shall be permitted within the coastal sage scrub areas delineated on the grading plan/site plan for protection or avoidance. The proposed covenant shall be submitted to the Planning Department for review and approval, and the form of said covenant shall be approved by the City Attorney's Office. The approved covenant shall be recorded concurrently with the final map. A copy of the recorded covenant shall be submitted to the Zoning Division. 2. That both parcels shall be served with underground utilities in accordance with the City of Anaheim Electrical Rates, Rules and Regulations, and the Underground Policy. That trash storage areas for each parcel shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. 4. That in connection with the submittal of plans for building permits for each parcel, the property owner/developer shall submit a plan to the Public Works Department, Streets and Sanitation Division, for review and approval showing storage and collection areas for three (3) automated trash barrels for each residential parcel. The plan shall be plan drawn to scale. TP2001-133.doc - 2 of 3 - ZA2001-25 ~ ~ That a final parcel map to record the subdivision of subject property shall be submitted to and approved by the City of Anaheim and shall then be recorded in the Office of the Orange County Recorder. 6. That in connection with the submittal of any plans to the City which include grading, the property owner/developer shall plant minimum one (1) gallon sized vines (planted maximum three (3) feet on- center) adjacent to any retaining walls, existing or proposed. Such plans shall specify the landscaping and necessary irrigation facilities for such retaining walls, as required by the applicable City Codes. That a grading covenant addressing the possibility of additional grading on these parcels after recordation of a final map shall be submitted to the Subdivision Section, Development Services Division, and approved by the City Attorney's Office and the Planning Department. The purpose of such a covenant is to acknowledge the objectives of the Land Use Element of the Anaheim General Plan, which include keeping grading to a minimum with development following the contours of the land and preserving the natural features of hillside areas while preserving overall low densities. The covenant shall include language prohibiting any further grading on either parcel, which grading is for the purpose of creating additional retaining walls over three (3) feet high and/or creating significantly larger building footprints and/or additional building pads, etc. If staff determines that the proposed grading (whatever the number of cubic yards) is for the purpose of creating such additional retaining walls and/or creating significantly larger building footprints and/or additional building pads, etc., the property owner shall submit the grading plan for consideration at a public hearing; and that, based on the evidence presented at the hearing, such grading plan may be approved or denied or conditionally approved by the City of Anaheim. The covenant shall include an accurate grading exhibit showing the existing grading on the entire property and, if known, any grading planned for the construction of one residence and its accessory structures on each parcel (i.e., garages, pools and decks). The covenant shall be recorded concurrently with the final map. 8. That prior to final parcel map approval, Condition Nos. 1 and 7, 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. This decision is made, signed, and entered into the file this 31st day of July 2001. ,~ Annika M. Santalahti, Zoning Administra or 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 10 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. ~~ DATE: July 31, 2001 ~ k=~'~ Patricia Koral, Sr. Word Processing Operator TP2001-133.doc - 3 of 3 - ZA2001-25