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Resolution-ZA 2001-26 DECISION NO. ZA2001-26 r: A DECISION OF THE ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 2000-226 OWNERS: Morteza and Theresa Yassini Trustees of the Yassini Living Trust P.O. Box 2110 Attn: Dan VanRossen Ventura, CA 93002 LOCATION: 700-794 North Brookhurst Street CEQA STATUS: CEQA Categorical Exemption, Class 15 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. REQUEST: To establish a 3-lot commercial subdivision in the CL(BCC) (Commercial, Limited - Brookhurst Commercial 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 developed with a commercial retail center, service station/convenience market, and fast food restaurant; that the Anaheim General Plan Land Use Element designates this property for General Commercial land uses; and that the property is located within the West Anaheim Commercial Corridors (WACC} Redevelopment Project Area. 2. That the proposed map, including the design and/or improvement, is consistent with applicable General. 3. That the site is physically suitable for the type and density of the existing development. 4. 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 the property, within the proposed subdivision. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or to substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems. 7. That granting of this tentative parcel map will not be detrimental to the peace, health, safety or general welfare of the citizens of Anaheim. TP2000-226.doc - 1 of 3 - ZA 2001-26 • • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to establish a 3-lot commercial subdivision in the CL(BCC) (Commercial, Limited - Brookhurst Commercial Corridor Overlay) on a 4.8-acre, irregularly-shaped property located at the southeast corner of Gramercy Avenue and Brookhurst Street with frontages of 893 feet on the south side of Gramercy Avenue and 392 feet on the east side of Brookhurst Street, and further described as 700 - 794 North Brookhurst Street; and that the Planning Director or his authorized representative has determined that the proposed project is Categorically Exempt under Class 15 of the State of California Environmental Quality Act Guidelines. Based on the evidence and testimony presented to me, I do hereby determine to approve Tentative Parcel Map No. 2000-226, subject to the following conditions: That a maintenance covenant shall be submitted to the Public Works Department, Development Services Division, and approved by the City Attorney's office. The covenant shall include provisions for shared maintenance of private facilities, including plumbing and drainage devices, in compliance with an approved Water Quality Management Plan. The covenant shall be recorded concurrently with the final map. That an unsubordinated restricted covenant 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. A copy of the recorded covenant shall then be submitted to the Zoning Division. Said covenant shall include provisions to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signs, maintenance, land use and architectural control; and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 3. That individual water services and fire line connections will be required for each parcel in accordance with Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 4. That the property shall be served with underground utilities in accordance with the City of Anaheim Electrical Rates, Rules and Regulations, and the Underground Policy. 5. That, if necessary, the legal owner of the subject property shall provide the City of Anaheim with a public utilities easement, as required by the Electrical Engineering Division of the Utilities Department. 6. That any required relocation of City electrical facilities shall be at the developer's expense. 7. That a parcel map to record the division of subject property shall be submitted to and approved by the City of Anaheim and shall then be recorded in the Office of Orange County Recorder. 8. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 5 and 6, 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. TP2000-226.doc - 2 of 3 - ZA 2001-26 • • This decision is made, signed, and entered into the file this 30th day July of 2001. ~Q' 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 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. h ~1G~~ DATE: July 30, 2001 Patricia Koral, Sr. Word Processing Operator TP2000-226.doc - 3 of 3 - ZA 2001-26