Resolution-ZA 1989-11~.~/1
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-11
PETITION: VARIANCE N0. 3914 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 1
DATE OF PUBLIC HEARING: March 9, 1989
OPPOSITION: That 8 people attended the public hearing in opposition; and that
7 letters in opposition were received.
'OWNER: TING F. HSIAO
328 North Beach Boulevard, Anaheim, CA 92801
LOCATION: 310 North Philadelphia Street
REQUEST: Petitioner requests waiver of the following under the authority
of Code Section 18.12..060.040 to convert a third level attic
space into a 'habitable' area.
SECTION 18.32.062.011 - Maximum structural height.
(2-storv apartments permitted;
3-stories proposed)
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 being ...developed with a legally nonconforming
apartment complex which has a density (4 units) two times higher than is
permitted by the existing underlying RM-2400 Zone (2 .units:) due to
building permits having been. issued while the property: was still in the
RM-1200 Zone, and that shortly after issuance of building permits,. the
General Plan land use designation was .decreased from 'medium density
residential' to 'low-medium` density residential' -and the area was
down-zoned~to the RM-2400 Zone;
2. That approval of this variance could double the 'people density' of the
project from 8 residents to 16 residents because the existing 4
apartments have 1-bedroom each and the proposal would result in
2-bedrooms per apartment;
3. That because. of the down-zoning to RM-2400, no other property in the area.
can legally be developed with the .same residential density as exists on
subject property; and, further, that expansion of a nonconforming use of
land is specifically prohibited by Zoning Code Section 18.02.058.051;
4. That. there are no existing 3-story apartment buildings in .the area
because most, if not all, of the existing area .residences consist-of 1-
and 2-story single family dwellings;
0202g 1 ~ ZA 89-11
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Page 2
Variance No. 3914
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5. That there are no special circumstances applicable to the property such as
size,.. shape,` opography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity because subject property
has the same dimensions, shape, terrain and zoning as do the other lots in
the area; and
6. That strict application of .the .Zoning Code does not deprive the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity because subject property has benefited by the privilege of
being developed under RM-1200 Zone standards (although rezoned to RM-2400
after building permits were issued) while all other lots in the area are
zoned RM-2400.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:. That the Zoning Administrator has
reviewed the proposal for waiver of maximum structural height to convert a third
level attic space. .into habitable living areas on a rectangularly-shaped parcel
of land consisting of ,approximately 0.11 acre, having a frontage of
;approximately: 43 feet on the east side. of Philadelphia Street, having a maximum
:.depth of approximately 120 feet, .being located approximately 140 feet north of
the centerline of Cypress Street and further described as 310 North Philadelphia
Street; and that the Planning Director or his. authorized representative has
determined 'that the proposed project-falls within the definition of Categorical
.Exemptions, Class 1, 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 deny Variance
No. 3914.
This decision is made, signed; and entered into the file this sixteenth day of
March, .1989.
Annka 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
davs 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: L 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 Ci y Clerk.
DATED : ~ ~(~~ ~ ~~~ ~1i~Yi'L~-~/l~.f ~Y . , ~~Ci~v'~'~~ e
Pamela H. Starnes; Executive Secretary
0202g 2 ZA 89-11