Resolution-ZA 1989-22~ •
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-22
PETITION: VARIANCE N0. 3928 CEQA STATUS: NEGATIVE DECLARATION
DATE. OF PUBLIC HEARING: April 6, 1989
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OPPOSITION: -S~-s:- people indicated their presence at the public hearing in
opposition and 4 of them spoke; 2 letters in opposition were
submitted at the public hearing.
OWNER: PACIFIC HARBOR, A CALIFORNIA LIMITED PARTNERSHIP
Attention:. Dr. Phil Trinh
12302 Garden Grove Boulevard, Garden Grove, CA 92643
AGENT: JAY VANDERWAL
-12302 Garden Grove Boulevard #3, Garden Grove, CA 92643
LOCATION: 1641 W. Cerritos Avenue
REQUEST.: Petitioner requests waivers of the following under authority of Code
Section 18.12.060.030 to establish a 4-lot subdivision.
(A) SECTION 18.01.130 - Required lot frontage.
(All lots required to abut a public
street or alley; 3 lots proposed to abut
a private street)
(B) SECTION 18.26.065.D10 - Orientation of structures.
(Residences required to .rear-on
arterial highways; 1 residence
proposed to side-on Cerritos Avenue)
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Code Section 18.12.0.40, 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 two previous area variances (Nos. 3464 and 3575) for similar
proposals were denied, and that two other variances (Nos. 3647 and 3717)
for fewer lots and including certain .development restrictions were
approved;
2. That the proposal would be appropriate if modified for 3 Lots instead of
4 lots with the private street being constructed to City standards and
with a restriction .that future development of subject property be
restricted to 1-story residences;
3. That the proposal, if modified as above-mentioned., would result in
(a) lot. sizes which are similar to existing nearby lots, (b) additional
on-site parking for 3 new homes, and (c) limit the proposed homes to
heights which are the same as existing nearby homes;
02228 1 ZA 89-22
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Page 2
Variance No. 3928
4. 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
5. That. strict application of thee-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 for waivers of (a) required lot frontage and (b)
orientation of structures to establish a 4-lot residential subdivision on a
rectangularly-shaped parcel of land consisting of approximately 0.74 acre,
having a frontage of approximately 114 feet on the north side of Cerritos
Avenue, having a .maximum depth of approximately 286 feet and being located
approximately 676 feet east of the centerline of Euclid Street, and further
described as 1641 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 basis of the initial study and any comments received
that, there is no substantial evidence that the project will have a significant
effect om the environment.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3928, in part, subject to the following conditions:
1. That the legal owner of subject property shall- irrevocably offer to
dedicate to the City. of Anaheim a strip of land forty five (45) feet in
width from the centerline of the street along Cerritos Avenue for street
widening purposes.
2. That a cash. payment shall be made 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.
3. That the legal owner of the subject property shall dedicate to the City
of Anaheim a strip of land five (5) feet. in width adjacent to the
northerly property line for public utility purposes.
4. That the existing structures shall be removed.
5. That the proposed private street shall be a minimum of twenty .eight (28)
feet wide and shall be developed in accordance with City standards for
private streets.
6. That the original documents of the .covenants,. conditions and
restrictions, and a letter addressed to the developer's title company
authorizing recordation .thereof, shall be submitted to the City
Attorney's Office and approved by the City Attorney's Office, Public
Utilities Department and Engineering. Division. Said documents, as
.approved, shall then be filed -and recorded in the Office of the Orange
County Recorder. Said convenants, conditions and restrictions shall
provide for mutual access and maintenance of the private street.
0222g 2 ZA 89-22
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Variance No. 3928
7. That a fee shall be paid to the City of Anaheim for street lighting along
Cerritos Avenue in an amount as established by City Council resolution.
8. That the appropriate fees due for primary mains and fire protection
service shall be paid to the Water Utility Division in accordance with
Rules 15A and 20 of the Water Utility Rates, Rules. and Regulations.
9. That a the appropriate park and recreation in lieu fee shall be paid to
the City of Anaheim in an amount established by City Council resolution.
10. That a fire flow test of the water system to determine adequate water
pressure shall be conducted to the satisfaction of the City Water
Engineering Division. Depending on the results. of the flow test, amain
interconnecton may be required prior to service being provided.
11. Existing broken or cracked driveways shall be removed and replaced as
required by the City Engineer.
12. That each lot shall be served with separate water and electrical service
and meters. The water meters shall be set along Cerritos Avenue.
13. That a parcel map to record the division of subject property shall be
..submitted to and approved by the City of Anaheim and then be recorded in
the Office of the Orange County Recorder, and that access rights to
Cerritos Avenue except at approved private. street and driveway openings
shall be dedicated to the City of Anaheim..
14. That a fee shall be paid to the City of Anaheim for street trees along
Cerritos Avenue in an amount as established by City Council resolution.
15. That all new structures on the lots not having frontage on Cerritos
Avenue shall be fire sprinklered or a fire hydrant shall. be .provided and
that the private street shall be built to hold the weight of a fire
engine (40.,000 lbs./sq. ft.), if required by the City Fire Department.
16. That the legal owner of subject property shall record a covenant against
the property limiting development on all lots to .single-story,
single-family residential structures. Said covenant .shall be submitted
to the City Attorney for review and approval as to form, and shall then
be recorded in the Office of the Orange County Recorder. A copy of the
recorded covenant shall be submitted to the Zoning Division.
17. That subject property shall be developed substantially in accordance with
.plans and specifications on file with .the City of Anaheim marked Exhibit
No. l; provided, however, that a maximum of three (3) lots shall be
permitted and-that the private street shall be a minimum of twenty eight
{28) feet wide in accordance with City standards.
0222g 3 ZA 89-22
Page 4
Variance No. 3928.
18. That prior to final map approval or within a period of one (1) year from
the date of this-decision, whichever .occurs first, Conditions Nos. 1, 2,
3, 5, 6, 9, 13 and 16, shall be completed.
19. That prior to issuance of a building permit, Condition Nos. 7, 8, 10, 13
and 14, 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.
20. .That prior to-final building and zoning inspections, Condition Nos. 4, 5,
11, 12, 15 and 17, 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 thirteenth day
of April; 1989.
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Annika M. Santalahti
Zoning Administrator
NOTICEt This decision shall become final unless an appeal to he 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 belovt, 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: April 13, 1989
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Pamela H. Starnes, Executive Secretary
0222g 4 ZA 89-22