Resolution-ZA 1989-61f_ r
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-61
PETITION: VARIANCE NO. 3983 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATE OF PUBLIC HEARING: September 11, 1989
OPPOSITION: There were eight people indicating their presence in opposition
and two people spoke in opposition; and no correspondence in
..opposition was received.
OWNERS: HUMBERTO and GRISELDA SALDIVAR
722 North Claudina Street, Anaheim, CA 92805
LOCATION:. 722 North Claudina Street
REQUEST: Petitioner requests waiver of the following to construct a single
story, 2-unit duplex:
(a) SECTIONS 18.12.060.030 - Minimum recreational-leisure area.
and 18.32.063.032 (1,050 sq.ft. required;
560 sq.ft. proposed)
(b) SECTIONS 18.12.060.070 - Maximum site coveraae.
and 18.32.062.020 (45~ permitted; 48~ proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal .Code Section 18x12.040, 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, proposal is to construct a 1-story duplex on an RM-2400 zoned lot
.which contains an existing 1-story single-family dwelling .and garage;
2. That waiver (a) is granted on the basis that if the proposal were
2-stories (as permitted by Code) instead of 1-story, this specific waiver
would -not be needed because adequate ground-level recreational area would
be available; but that said alternative would be undesirable because of
the adverse .visual impact resulting from a 2-story apartment building
being constructed in a neighborhood consisting primarily of 1-story-homes
and apartments; and, therefore, approval of this waiver is contingent on
the property owners' recording a covenant limiting development of subject
property in connection with subject variance to maximum 1-story buildings;
3. That waiver (b) is denied on .the basis that said waiver can be eliminated
if the combined building-square footages are constructed as follows (and
as .marked on Exhibit-No. 1):
Existing nonconforming 2-bedroom residence: 960 sq.ft.
.Existing nonconforming garage: 265 sq.ft.
.Proposed duplex: 1,696 sq.ft.
Proposed 4-car carport: 740 sq.ft.
TOTAL BUILDING SQUARE FOOTAGE: 3,661 sq.ft.
.EXISTING LOT SIZE: 8,060 sq.ft.
.PROPOSED LOT COVERAGE: 45.4'
0363g 1 ZA 89-61
Page 2
Variance No. 3983
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 'the 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 waiver of minimum required recreational-leisure
area and maximum site coverage to construct two .dwelling units for a total of
three dwelling units, in the RM-2400 Zone on a rectangularly-shaped parcel of
eland consisting of approximately 0.18 acre, having a frontage of approximately
52 feet on the .east side of Claudina Street, having a maximum depth of
approximately x155 .feet, being located approximately 290 feet north of the
centerline of Wilhelmina Street, and further described as 722 North Claudina
Street; and that the Planning,birector or his .authorized representative 'has
determined" that the proposed project falls within the. definition of
Categorical Exemptions, Class 3, as defined. in the State. of California
Environmental Impact Report (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. 3983., IN PART, subject to the following conditions:
* 1. That sidewalks, curbs, and gutters. shall be repaired along .Claudina
Street as :required by the City Engineer and in accordance with standard
plans and specifications on file in the Office of the City Engineer.
* 2. That a fee shall be paid.,. to the City of Anaheim for street lighting
along Claudina Street in an amount as established. by City Council
resolution.
* 3. That all new construction shall be served by underground utilities.
* 4. That fire sprinklers shall be installed as ..required by the City Fire
Department.
* 5. 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. '
6...That subject property shall be developed substantially in accordance
with plans and specifications submitted to <the City of Anaheim by the
petitioner and which plans .are on file with the .City marked Exhibit Nos.
1 through 4 .provided, however, thats
(a)' The maximum site coverage shall not exceed forty five percent (45~);
(b) The design of the 4-space .:carport shall include visual screening by
solid components amounting to not less than fifty percent (50~) of
each wall (on the rear and both side walls), in compliance with
Section .18.06.040.025; `
03638 2 ZA 89-61
Page 3
Variance No. 3983
6. (c) The dimensions of the five (5) new parking spaces adjacent to the
alley (4 in a carport and l open) shall comply with Section
18.06.040.020 "Minimum Dimensions of Parking Spaces";
(d) Each duplex unit shall be provided with a storage cabinet having a
`minimum capacity of one-.hundred (100) cubic feet, in compliance
with Section 18.06.050.0127;
(e) A trash enclosure (with adequate space to store trash cans for the
occupants of the duplex). shall be provided and maintained adjacent
to the public alley, and shall be constructed of masonry block
walls with a solid gate to visually screen the trash cans. Said
gates shall not open into the public alley; and
(f)' The design and construction of the .proposed duplex and carport
(exterior walls, trim and roofing) shall consist of materials and
colors which are similar to'and compatible with the existing house.
All of the above-listed modifications (a) through (f) shall be clearly
and specifically shown on the plans submitted for building permits.
7. That the legal owners of subject .property shall prepare and record
unsubordinated covenant(s):
(a) Limiting the height of all buildings (both existing and proposed)
developed in connection with subject variance to a maximum of one
(1) story; and
(b) 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.
Said covenant(s) shall be submitted. to the Zoning Division for
transmittal to the City Attorney's Office for review .and approval prior
to recordation with the Office of the :Orange .'County; Recorder: A-copy. of
the recorded covenant(s) shall then be submitted to he Zoning Division.
8. That prior to issuance of a building permit or within a period of one
(1) year from the date of this decision,- whichever .occurs first,
Condition Nos,. 2, 5 and 7, above-mentioned, shall be complied with
9. That prior to final building and zoning inspections,- Condition Nos.. 1,
3, 4 and 6,....above-mentioned, shall be complied: with.
* 10. 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 thee-.request regarding any other applicable
ordnance regulation or'.requirement.
Further, ..conditions marked with an asterisk (*) are required by
established- laws,.. codes, regulations: and/or agreements, and are not
subject to negotiation.
0363g 3 ZA 89-61
Page 4
Variance No. 3983
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This decision is made, signed, and entered into the file this fourteenth day
of September, 1989.
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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 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:. 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: September 14, 1989 ~G~%~-,L'f,,~~~ ,~ ~y
Pamela. H. Starnes, Executive Secretary
0363g 4 ZA 89-61