Resolution-ZA 1989-60~M ! ~
DECISION OF THE ZONING ADMINISTRATOR ZA.89-60
PETITION: ADMINISTRATIVB ADJUSTMENT NO. 38
CEQA STATUS: Categorical Exemption, Class 5
.DATE NOTICES MAILED: August 11, 1989
REQUESTED BY: Tom J. Fifield
Embassy.Park.Development
5480 Lincoln Avenue, Cypress, CA 90630
REQUEST: Petitioner.. requests waiver of the following under authority of
Code Section 18.12.080.020 to construct a 7-unit apartment
complex at 407 South Philadelphia Street:
SECTIONS 18.06.050.0121 - Minimum number of parking spaces.
and 18.34.066.010 (19 required; 18 progosed)
DETERMINATION OF THE ZONING ADMINISTRATOR
Having been appointed Zoning Administrator by the Planning Director to decide
the above-referenced Administrative Adjustment, and having been duly noticed
and no written objections having been received, I do hereby find, pursuant to
Section 18.12.080:
1. That a parking analysis letter- dated August 4,.1989, was submitted to and
..approved by the City Traffic Engineer for this specific proposal which
requires 19 parking .spaces (technically, 18.5 spaces are required by Code
and fractions of 0.5 or more are counted as one full space);
2. That the request is minimal .amounting to a deviance of 1 parking space or
5~ from the minimum number-of parking spaces required for this specific
proposal: a 7-unit apartment complex consisting of six 2-bedroom units
(at 2.5 parking .spaces per unit) and one 2-story, 3-bedroom unit (at 3.5
spaces per unit);
3. That in order to discourage the misuse of any coverd parking spaces. for
storage or other non-parking .purposes, .not more than four (4) of the
covered parking spaces. may have garage doors.. Specifically, of the six
(6) enclosed parking: ..spaces marked 5C, 4B, 4A, 1B, lA and 2A on Exhibit
No. l and as shown on Exhibit No. 5, only four (4) may have garage doors
and doors shall not be installed on the other two (2) spaces;
4. That no written opposition was received during the required 10-day public
notification period;
5. That the variance will not cause an increase in traffic congestion in the
.immediate vicinity nor adversely affect any adjoining-land uses;. and
6. That the granting of the variance under the condi ions imposed, if any,
will not be detrimental to the peace; health, safety or, general welfare
of the. citizens of the City of Anaheim.
0349g 1 ZA 89-60
• •
Administrative Adjustment No. 38
Page 2
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum- number of parking .spaces to
construct a 7-unit apartment complex at 407 South. 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 5, as defined in the California State Environmental Impact
Report (EIR) Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
Based on the evidence presented:. to me, I do .hereby determine to grant
Administrative Adjustment No. 38, subject to the following conditions:
1. That each of the parking spaces in a tandem arrangement .shall be assigned
to the same apartment unit, that all of the enclosed .parking spaces shall
be maintained for parking of vehicles only and shall not be used for
storage or other non-parking purposes, and that the 2 open-air parking
spaces shall be clearly designated `and maintained for guest useage.only.
2. That subject property shall be developed substantially in accordance with
plans and specifications on .file with the City of Anaheim and marked
Exhibit Nos. l through 5; provided, however, that not more than four (4)
.covered parking spaces shat-1 have garage doors. Specifically, of the six
(6 ) enclosed'. parking spaces: marked 5C, 4B, 4B, 1B, lA and 2A on_ Exhibit
No. 1 and as shown on Exhibit No. 5, only four (4) may have garage doors
and the doors on the other two (2) spaces shall no be installed.
3. That prior to issuance of a building permit, the legal .property owner
shall prepare and xecord an unsubordnated 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.
4. 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, State and Federal
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 enter .,into the file this twenty-fifth day
of August, 1989. -
Annika M. Santalahti
Zoning Administrator
0349g 2 ZA 89-60
• •
Administrative Adjustment No. 38
Page 3
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 1 da s 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 an,/d/~d~id forward a copy to the City Clerk.
DATED: August 25, 1989 O G~l/h1/~~ ili ~1~~
Pamela H. Starnes, Executive Secretary
03498 3 ZA 89-60