Resolution-ZA 1988-79_~.~.
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-79
PETITION: VARIANCE N0. 3873 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: November 17, 1988, continued to December 15, 1988.
OPPOSITION: No one indicated their presence in opposition at the November 17
and the December 15, 1988, hearings; and no correspondence was
received.
OWNER: - MARIO M. AND DESIREE T. BARNABE
183 South Mulberry Street, Orange, CA 92669
LOCATION:. 853 North Zeyn Street
REQUEST: Petitioner request waivers of the following under authority of
Code Sections 18.12.060.050 and 18.12.060.110 to convert
accessory living quarters into an apartment unit:
(a) SECTIONS 18.32.0.66.010 - Minimum number of parking spaces.
18.06.050.011 _(6 required; 4 proposed)
and 18.06.050.0121
(b) SECTION 18.32.063.013 -Minimum rear-.yard setback.
(15 feet from centerline of alley
required; 7.5 feet existing)
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. requested waiver (a) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect any adjoining
land uses; that granting of the variance, under the conditions imposed,
will not be detrimental to the peace, health, safety or general welfare
of the citizens of the City of Anaheim; and that said waiver is minimal
because. the subject apartment has been rented for a number of years
without any parking problems being experienced;
2. That the requested waiver (b) is minimal because the shallow setback was
approved. by the City a number of years ago when the "accessory living
quarters"were constructed;
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.
0149g 1 ZA 88-79
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Page 2
Variance No. 3873
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the. proposal for waiver. of minimum number of parking spaces and
minimum rear yard setback to construct an additional dwelling unit with on a
rectangularly-shaped parcel of land consisting of approximately 0.14 acres
located at the southwest corner of Zeyn Street and La Verne Street, having
frontages of approximately 57 feet on the west side of Zeyn Street and 113
feet on the south side of La Verne Street, and further described as 853 North
Zeyn Street; and that the Planning Director or his authorized representative
has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 5, as defined in the State EIR Guidelines and
is, therefore, categorically exempt from the requirement to prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3873, 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 ten (10) feet in width from the
centerline of .the alley for alley widening purposes.
2. That the owner of the subject property shall irrevocably offer to
dedicate to the City of Anaheim a parcel of land at the intersection of
La Verne Street and Zeyn Street with a corner radius of fifteen (15) feet
for street widening purposes,.
3. 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 City Council resolution.
4. That a fee shall be paid to the City of Anaheim for street lighting along
Zeyn Street in an amount as determined by City Council resolution.
5. That due to the change in use and/or occupancy of the building, .plans
shall be submitted to the Building. Division showing compliance with the
minimum standards. of the City of Anaheim, including the Uniform Building,
Housing, Plumbing, Electrical, Mechanical and Fire Codes as adopted by
the City of Anaheim. The appropriate permits shall be obtained for any
necessary work.
6. That prior to issuance of a building permit, or within a period of one
year from the date of this decision, whichever occurs first, Condition
Nos. 1, 2, 3, 4 and 5, 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.
7. That subject property .shall be developed substantially in accordance with
plans .and specifications on file with the City of Anaheim marked-Exhibit
Nos. 1, 2 and 3.
0149g
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ZA 8$-79
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Page 3
Variance No. 3873
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8. That prior to final building. and zoning inspections, Condition No. 7,
.above-mentioned, shall be complied with.
9. That. approval of tl
request only to the
.Zoning Code and any
include any action
request regarding
requirement.
its application constitutes approval of the proposed
extent that it complies with the Anaheim Municipal
other applicable City regulations. Approval does not
or findings as to compliance or approval of the
any other applicable ordinance, regulation or
This decision is made, signed, and entered into the file this nineteenth day
of December, 1988...
L~
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 15 .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: December 19, 1988
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Pamela H. Starnes, Executive Secretary
0149g 3 ZA 88-79