Resolution-ZA 1989-34,, ,.
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-34
PETITION: VARIANCE NO. 3950 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: May 18, 1989
OPPOSITION: One person indicated her presence in opposition and no
correspondence in opposition was received.
OWNERS.: CARLOS C. RODRIGUEZ and HELENA S. RODRIGUEZ
2545 East Clark Avenue, Fullerton, CA 92631
AGENT: DAVID RODRIGUEZ
P.O. Box 9348, Anaheim, CA 92812
LOCATION: 924 South Cambridge Street
REQUEST: Petitioner requests waiver of the following under authority of
Code Section. 18.12.060.040 to construct a 5-unit, 2-story
apartment building:
SECTION 18.34.062.012 - Maximum structural height.
(1 story permitted within 150 feet of
single-family residential zoning;
2 stories proposed 135 feet from
RS-7200 zoning to -the southwest across
Cambridge Street and 105 feet from
RS-7200 zoning to the south)
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 waiver is approved because any impact of the second story
is minimal since only 2 windows face RS-7.200 zoning and that. said
windows are located a significant distance from said zoning,. beings
(a) Approximately 143 feet away from. the RS-7200 zoning to the
.southwest and separated by Cambridge Street, and
(b) Approximately 113 feet away from the RS-7200 zoning to the south,
and separated by existing 1-story. apartments;
2. 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
3. That strict application of the Zoning Code deprives .the property of
.privileges enjoyed by other properties in identical zoning
classification in the vicinity.
0275g 1 ZA 89-34
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Page 2
Variance No. 3950
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal-for waiver of maximum structural height to construct
a 5-unit apartment building on an irregularly-shaped parcel of ltao~nd consisting ~13~~~~
of approximately 0.2 acre having a frontage of approximately ~e-feet on the
east side of Cambridge Street, having a maximum depth of approximately 100
feet, being located approximately 240 feet north of the centerline of Camden
Avenue and further described as 924 South Cambridge Street; 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 on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3950, subject to the following conditions:
1. 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 established by City Council resolution.
2. That fire sprinklers shall be installed as required by the City Fire
Department.
3. That,. as required by the Utilities General Manager, either:
{a) Street lighting facilities along .Cambridge Street shall be
installed in accordance with specifications on file in the Office
of Utilities General Manager; or 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 a building permit.
The above-required improvements shall be installed prior to
occupancy; or
(b) That a fee shall be paid to the City of Anaheim for street lighting
along Cambridge Street. in an amount as established by City Council
resolution.
4. That prior to issuance of a building permit, the legal property owner
shall prepare and record an unsubordinated covenant limiting occupancy
of each apartment unit to no more than. two (2) persons (other than
children under the age of two (2) years) per bedroom. Said limitation
shall be included in each lease/rental agreement. A copy of the
covenant shall be submitted to and approved by the City Attorney prior
' to recordation. A copy of the recorded covenant shall be furnished to
the Zoning Division.
0275g 2 ZA 89-34
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Page 3
Variance No. 3950
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5. That prior to issuance of a building permit, the appropriate fees due
for primary mains, secondary mains, shall be paid to the Water Utility
Division in accordance with Rules 15A and 20 of the Water Utility Rates,
Rules and Regulations.
6. That subject property shall. be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2.
7. That prior to issuance of a building .permit or within a period of one
(1) from the date of this decision, Condition Nos. 1, 3, 4 and 5,
above-mentioned, shall be complied with.
8. That prior to final building and zoning inspections, Condition Nos. 2
and 6, above-mentioned, shall be complied with.
9. 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 twenty-fifth day
of May, 1989.
Annika M. Santalahti
Zoning Administrator
NOTICES 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 davs of the date of the signing of this decision or unless
members of the City Council shall request to revises 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: May 25, 1989
Pamela H. Starnes, Executive Secretary
02758 3 ZA 89-34