Resolution-ZA 1990-05~ w
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-05
PETITION: VARIANCE NO. 4019 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: January 25, 1990
OPPOSITION: No one indicated their presence at the public hearing in
opposition;. and no correspondence in in opposition was received.
OWNER: KEVIN HUBEN
7827 Stuart Avenue, Los Angeles, CA 90045
AGENT: GERALD GOLOB
23011 Moulton Parkway Suite 1, Laguna Hills, CA 92653
LOCAT20N: X503 and 1515 Kenmore Lane
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12,060.050 to construct a 2-story 3-unit apartment
building:
SECTION 18.34.063.011 Minimum landscaped setback.
(Required: minimum 15 feet along Acacia
Street with 20-foot average;
Proposed: minimum 7 feet with 20-foot
average)
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 consists of a 3-unit addition to an existing 4-unit
apartment building;
2. That the impact of the proposed setback waiver is minimal because it
occurs at the narrow end of .the building (.about 18 feet wide in a yard
area which is about 41 feet wide), because an average 20-foot setback
from Acacia Street is being maintained, and because there is no
line-of-sight impairment (the .adjacent property to the north is the
Carbon Creek Flood Control Channel and no driveways are located closer
than 45 feet to the proposed setback);
3. That there are special. circumstances applicable to the property,
consisting of size, shape and. location, which do not apply to other
identically zoned properties in the vicinity, because development of the
site (trapezoid-shaped) is restricted by two utility. easements along the
north property line (a 5 foot wide public utility easement and a 5 to
8-foot wide sewer easement) and that the need for the waiver results from
a 13-foot wide future widening of Acacia Steet with an irrevocable offer
of dedication being required at this time; 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.
0423g 1 ZA 90-05
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Page 2
Variance No. 4019
CALIFORNIA ENVIRONMENTAL QUALITY 'ACT FINDING: That the Zoning Administrator
has reviewed .the proposal for waiver of minimum landscaped setback to
construct a 2-story, 3-unit apartment building on a irregularly-shaped parcel
of land consisting of approximately 0.32 acres located at the northeast corner
of Benmore Lane and Acacia Street, having frontages of approximately 175 feet
on the north side of Benmore Lane and 45 feet on the east side of Acacia
Street, and further described as 1503 and 1515 Benmore Lane; 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. 4019, 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 Acacia Street for street
widening purposes.
2. * That prior to issuance of a building permit, a faithful performance bond
in an amount approved by the City Engineer shall be posted with the City
of Anaheim to guarantee the removal of existing street improvements
along Acacia Street and reconstruction/construction of full street
improvements at the ultimate location prior to final building and zoning
inspections.
3. * 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.
4. * That gates shall not be `installed across the driveway in a manner which
may adversely affect vehicular traffic in the adjacent public street.
Installation of any gates shall conform to Engineering Standard Plan No.
402 and shall be subject to the prior review and approval of the City
Traffic Engineer.
5. - That the driveway on Benmore Lane shall be constructed with ten (10)
foot radius curb returns as required by the City Engineer to conform
with Engineering Standard No. 137.
6. * That both spaces in each pair of tandem parking spaces shall be assigned
to the same dwelling unit.
7. * That plans shall be submitted to the City Traffic Engineer for his
review and-approval showing conformance with Engineering Standard Plan
Nos. 402B, 436F, 601D, 602D, 604A and 605 pertaining to parking
standards. Subject property shall thereupon be developed and maintained
in conformance with said plans.
0423g 2 ZA 90-05
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Page 3
Variance No. 4019
8. That a minimum five (5) foot setback shall be provided along the alley
to maintain adequate sight distances.
9. That the existing parking stalls in the enclosed 1-story, 5-car garage
shall be shown on the plans submitted for building permits. All guest
parking shall be clearly marked.
10. * That street lighting facilities along Acacia Street and Benmore Lane
shall be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of the 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.
11. * That :the new construction authorized by this resolution shall be served
by underground utilities.
12. * That fire sprinklers shall be installed as required by the City Fire
Department.
13. That an unsubordinated covenant.-shall be recorded with the Office of the
Orange County Recorder agreeing to provide the renter of each dwelling
unit with written information obtained from the school district(s)
pertaining to possible overcrowding conditions and busing status of the
school(s) serving each. apartment. Said covenant shall be submitted to
the City Attorney for review and approval prior to recordation.
14. 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 through 5; provided, however, that the trash
enclosure doors shall be designed so as not to swing open into the
publid alley and that the trash storage areas shall be provided and
maintained in a location acceptable to the Street Maintenance and
Sanitation Division.
15. 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. 1, 2, 3, 7, 8, 9, 10 and 13, above-mentioned, shall be
complied with. Extensions for furthex time to complete said .conditions
may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
16. That prior to final. building and zoning inspections, Condition Nos. 2,
5, 10, 12 and 14,,above-mentioned, shall be complied with.
0423g 3 ZA 90-05
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Page 4
Variance No. 4019
17 * 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.
This decision is made, signed, and entered into the file this first day of
February, 1990.
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 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: February 1, 1990
~GG :Yn:~c,(.&~ .CY.
Pamela H. Starnes, Executive Secretary
04238 4 ZA 90-05