ZA 1987-35
DECISION OF THE ZONING ADMINISTRATOR - ZA 87-35
PETITION-NO.: VARIANCE N0. 3717 EIR STATUS: EIR NEGATIVE DECLARATION
DATES OF PUBLIC HEARING: November 5 and 19, 1987
OPPOSITION:
OWNERS:
AGENT:
LOCATION:
No. of people attending public hearing: 0;'Correspondence: 0
NEVILLE LIBBY AND VIOLET LIBBY, 1661 W. Cerritos Avenue,
.Anaheim, CA 92802
GERALD R. BUSHORE, P.O. Box 18581, Anaheim, CA 92807-8581
165T West Cerritos Avenue
REQUEST: Waiver of required lot frontage to establish a 3-lot
subdivision.
Having been appointed Zoning Administrator by the Director of Community
Development, 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 November 5, 1987, and the petition having been continued to
November 19, 1987, I do hereby find, that:
1. That the petitioner proposes the .following waiver from the Anaheim
Municipal Code, to establish a 3-lot subdivisions
SECTIONS 18.01.130.- Required lot frontage.
AND 18.12.060.03 (All lots required to abut a public
street or alley; 2 lots proposed to
abut a private road)
2. That a private road for access to the 2 lots will be provided in
connection with a recorded reciprocal access agreement and as shown on
the approved exhibit;
3. That-there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned-properties in the vicinity; and
4. That strict application of-the Zoning Code deprives the .property of
.privileges enjoyed by other properties_in identical zoning classification
in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to establish a 3-lot .subdivision with waiver of
required lot frontage on a rectangularly-shaped parcel of land consisting of
approximately ..0.77 acre,. having a frontage of .approximately 114 feet on the.
north ..side. of Cerritos Avenue and being ocated approximately 60O feet east.
ofthe centerline of Euclid Street and :further described as 1651 West
Cerritos Avenue; and does hereby approve the Negative Declaration upon
finding that she has considered the Negative Declaration together with any
.comments .received during the public review process and further finding on the
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Variance No. 3717
•
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 Variance No. 3717,. subject to the following conditions:
1. That the owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land 45 feet in width
.from the centerline of the street along Cerritos Avenue for street
widening purposes.
2. .That the owner/developer of subject property shall make a cash
payment to the City of Anaheim for the cost of the. removal of
existing street improvements along Cerritos Avenue and
reconstruction/construction of full street improvements at the
ultimate location, as approved by the City Engineer. Said payment
shall be made prior to issuance of a building permit for one or more
of the new houses..
3. That the owner of subject property shall-pay to the City of'Anaheim
a fee for tree.planting:"purposes along Cerritos Avenue in an amount
as-determined by the City. Council.
4. That street lighting ,facilities along .Cerritos Avenue shall be
installed as required by the Utilities General Manager in accordance
.with specifications on file in the Office of Utilities General
Manager, and 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 abuilding permit: The above=required
improvements. shall be`installed prior to occupancy.
5. That. subject property shall be served by underground utilities.
6. That fire sprinklers .(type 13 D) shall be installed in the dwelling
-units on Lot Nos. 2 and 3 as .required by the City Fire Marshall,
unless fire hydrants are otherwise required in connection with
Condition No. 11 herein.
-7 That prior to final parcel map approval, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as ,determined by .the City Council.
8. That prior to issuance of a"building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council.
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Variance No. 3717
9. That a'; reciprocal access agreement, in a form satisfactory to the
City Attorney, shall be recorded with the office of the Orange
County Recorder. A-copy of the recorded agreement shall then be
..submitted to the. Zoning Division.
10.` That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
11. That prior to commencement of structural framing, fire hydrants
shall be installed. and charged as required and determined to be
necessary by the Chief of the Fire Department, unless fire
sprinklers are otherwise :required in connection with Condition No. 6
herein.
12. That'all air conditioning facilities and other .roof and ground
mounted equipment shall be properly shielded from view, and the
sound buffered from adjacent...residential properties.
13. 'That prior to_issuance of a building permit, the ..applicant shall
present evidence satisfactory to the Building Division that the
proposed project is in conformance with Council Policy Number.-542
"Sound Attenuation in .Residential. Projects" and with Noise
Insulation Standards specified in the California Administrative
Code, Title 25.
14. That the vehicular. access rights to Cerritos Avenue except at the
:approved driveway and private road .openings, shall be dedicated to
.the City of Anaheim.
15. That the owner(s) of subjectproperty shall record a covenant
against the property limiting development of all lots. to
single-story, single-family residential structures. ..Said covenant
shall be recorded with-the office of ,Orange .County Recorder and a
copy of the recorded covenant shall be furnished to the Zoning
Division.
16. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit No. i.
17. That prior to final parcel map approval,.. the .owner(s) of subject
property shall submit a letter requesting termination:. of Variance
No. 3647 to the Zoning Division.
18. That prior to final parcel map approval or within a period of one
'.year from the date of this, decision, whichever occurs first,
Condition Nos. 1 7, 9, 14, 15 and 17, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
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Variance No. 3717
19. That prior to issuance of a building permit, Condition Nos. 2, 3,
4, 8, and 13, above-mentioned, shall be complied with.
20. That prior to final building and zoning inspections, Condition Nos.
5, 6, 10, 12 and 16, above-mentioned, shall be complied with.
21. 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
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 25th day of
November, 1987. j ~j~/
Annika M Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City
Council,:in writing, accompanied bg an appeal fee, is filed with the City
Clerk within 15 days of the date of the signing of this decision or unless a
member 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 : ~ P.c. oZ 5 / j C! g
_ T.
0105T ZA 87-35