Resolution-ZA 1989-71~+ ..
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-71
PETITION; VARIANCE NO.<4007 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: November 30, 1989
OPPO5ITTON: No one indicated their .presence at the public hearing in
opposition; and no correspondence in opposition was received.
OWNER: Ron Crowley
1700 Raintree Road
Fullerton, CA 92635
LOCATION; 1500 WBST BROADWAY
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.040 to .construct a loft area in an
existing unit of a'previously approved condominium complex.
SECTION 18.31.062.012 - Maximum structural height.
(1-story permitted within 150 feet of
RS-5000 zoning; 2-stories proposed at
35 feet 6 inches)
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 the proposal is minimal because it is for a loft in a one story unit
(currently under- construction) with natural lighting coming from an
existing skylight and ,without any additional windows being constructed;
and, since` the exteriox of the unit will not be modified-in any way,
there will be no impact on nearby single family residences;
2. That the proposed loft does not increase the parking requirement for the
unit which has 3.5 parking spaces in accordance with Code (3.5 spaces
.being required for 3-bedroom and larger multiple-family units);
3. 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
4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
0400g 1 ZA 89-71
Page 2
Variance No. 4007
CALIFORNIA`ENVIRONMENTAL QUALITY ACT 'FINDING: That the Zoning Administrator
has reviewed he proposal for waiver of maximum structural height to construct
a loft in an existing .unit of a previously approved condominium complex on an
irregularly-shaped parcel of land consisting, of .,approximately 1.1 acres having
a frontiage of approximately 210 feet, on the south side of Broadway, having a
maximum depth of approximately 266 feet, being located approximately 250 feet
east of the centerline of Gilmar Street and further described as 1500-West
Broadway; 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 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 determine to
approve Variance No. 4007, 'subject to the following conditions:
1. That plans shall be 'submitted to the Fire Department showing .that the
sprinkler'system will be added to the loft area .and will continue to meet
the minimum density requirements.
2. * That rash storage areas shall be provided and maintained 'in a location
acceptable to the Street Maintenance and Sanitation Division .and in
accordance with- approved :plans on file with said Division. Such
information shall be specifically shown on -.the plans -submitted for
building permits.
3. * That .street lighting facilities along Broadway shall be installed as
required by the Utilities General Manager 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.
4. 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 Planning Department
marked Exhibit Nos. 1; 2 and 3.
5. That prior to final building and zoning inspections, .Condition Nos. 1
through '4, above-mentioned, shall be complied with.
6.* 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. Conditions marked with an asterisk
(*) are required by established laws, codes, regulations and agreements
and are not subject to negotiation.
04008 2 ZA 89-71
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Page 3
Variance No. 4007
This decision is made, signed, and entered into the file this seventh day of
December, 1989.
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 days of the date of the signing of this decision or unless
members of the Gity Council shall request to review this decision within said
15 days.
DECLARATION -0F 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:. December 7..1989 ~ rLW~
Pamela H. Starnes, Executive Secretary
0400g 3 ZA 89-71