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Resolution-ZA 2005-03• • DECISION NO. ZA 2005-3 A DECISION OF THE ZONING ADMINISTRATOR APPROVING TENTATIVE PARCEL MAP NO. 2004-247 OWNER: Gon-Rey, L.P. 522 East Vermont Anaheim, CA 92805 AGENTS: Joseph C. Truxaw Joseph C. Truxaw & Associates 265 South Anita Drive, Suite 111 Orange, CA 92868 Oswaldo Gutierrez Northgate Market 522 East Vermont Avenue Anaheim, CA 92805 LOCATION: 718-742 North Anaheim Boulevard HEARING DATE: January 20, 2005, continued from the meetings of December 9, 2004, and January 6, 2005 OPPOSITION: Three persons indicated their presence at the public hearing on December 9, 2004 in opposition to the proposal; that 1 person indicated his presence at the public hearings on January 6, 2004 and January 20, 2005 with concerns and opposition regarding the proposal; and that no correspondence was received in opposition. REQUEST: Approval of a tentative parcel map under authority of subsection 18.60.020.030 (Tentative Parcel Maps) of the Anaheim Municipal Code to combine seven parcels into to one parcel in order to construct a new market in the C-G (General Commercial) Zone. Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.60.020 (Establishment of Zoning Administrator Position), to decide the above-referenced petition and a public hearing having been duly noticed for and held on the dates set forth above, I do hereby find: 1. That the tentative map is consistent with the Land Use Element of the Anaheim General Plan, which designates this site for General Commercial land uses. 2. That the design and/or improvement of the proposed subdivision is consistent with the Anaheim General Plan. 3. 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. 4. That the design of the subdivision or the type of improvements will not cause public health problems. 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 the property within the proposed subdivision. 6. That the site is suitable for construction of the proposed new market which will conform to the development standards for the underlying zone as set forth in Zoning Code. ZA2005-03.doc - 1 of 3 - ZA2005-3 • • CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for a tentative parcel map to combine seven parcels into one parcel to construct a new market in the C-G (General Commercial) Zone on an irregularly-shaped 1.1-acre property having a frontage of 364 feet on the east side of Anaheim Boulevard and a maximum depth of 155 feet, being located 237 feet north of the centerline of Wilhelmina Street and further described as 718 - 742 North Anaheim Boulevard (future Northgate Market); and that the Planning Director's authorized representative has determined that the proposed project is Categorically Exempt, Class 15, under Section 15061(b)(3) 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. 2004-247, subject to the following conditions: 1. That prior to connection of electrical services, the property owner shall provide the City of Anaheim with a public utilities easement along/across high and low voltage lines crossing private property and around all pad-mounted transformers, switches, capacitors, etc. Said easement shall be submitted to the City of Anaheim. 2. That prior to final parcel map approval, the appropriate street address(es) shall be assigned by the Building Division. 3. That any requests for new water service or fire lines, as well as any modifications or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 4. That all existing water services and fire lines shall conform to current Water Services Standard Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The property owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. That individual water service and/or 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. 6. That the final parcel map shall be submitted to and approved by the Orange County Surveyor, and then be recorded in the Office of the Orange County Recorder. That prior to final parcel map approval, the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Subdivision Section of the Public Works Department and approved by the City Attorney and City Engineer, and shall then be recorded concurrently with the final map. That prior to the issuance of grading permit, the applicant shall submit a Water Quality Management Plan to the Development Services Division of the Public Works Department for review and approval that: • Addresses site design Best Management Practices ("BMPs") such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan ("DAMP"). Incorporates Treatment Control BMPs as defined in the DAMP. ZA2005-03.doc - 2 of 3 - ZA2005-3 • • 9. That prior to issuance of a certificate of occupancy for any new construction, the applicant shall: • Demonstrates that all structural BMPs described in the Project Water Quality Management Plan ("WQMP") have been constructed and installed in conformance with approved plans and specifications. • Demonstrates that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrates that an adequate number of copies of the approved Project WQMP are available onsite. • Submit to the City of Anaheim an Operation and Maintenance Plan for all structural BMPs for review and approval by the City. 10. That the property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final parcel map, an easement measured from the centerline of Anaheim Boulevard (which is designated a Primary Arterial Highway having an ultimate one-half width of fifty three (53) feet from the centerline of the street) for road and public utility purposes, the width of said easement being determined by the Anaheim General Plan as required by the City Engineer in accordance with subsection .020 (Dedication of Right-of-Way) of Section 18.40.060 (Dedications and Improvements) of the Anaheim Municipal Code; provided, however, that the required dedication may be waived by the Planning Commission under authority of subsection .080 (Discretionary Exemptions) or subsection .090 (pertaining to appeals of the City Engineer's decisions) of said Section 18.40.060. 11. That all existing structures shall be demolished; and that the legal property owner(s) shall obtain the appropriate demolition permit(s) from the Building Division. 12. That prior to issuance of a building permit for any new construction, the City of Anaheim Sewer Impact Mitigation Fee for the Old Town/Basin 8 Area shall be paid. 13. That prior to final parcel map approval, Condition Nos. 2, 6, 7 and 10, above-mentioned, shall be complied with. 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 day of ~ . CCGt ~ / , 2005. ~~! - ~~ ~~ nnika 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 ten (10) days from the date of the signing of this Decision or unless members of the City Council request to review this Decision within seven i7) days from the date of the signing of this Decision, in accordance with subsection 18.60.130.030 (Timeframe) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to tentative parcel map approvals. 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: January 26, 2005 anielle C. iel, ord Processing Operator ZA2005-03.doc - 3 of 3 - ZA2005-3