Resolution-ZA 1990-07• •
.:DECISION OF THE ZONING ADMINISTRATOR - ZA 90-7
PETITION: VARIANCE N0. 4020 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARINGS: January 25, 1990, continued to February 8, 1990.
OPPOSITION: Two people indicated their presence in opposition at the January
25, 1990, public hearing and one submitted a petition with 18
signatures in opposition; one person indicated his presence with
concerns at the February 8, 1990, public hearing; and no
correspondence in opposition was received.
OWNERS: RAFAT and THERESA SAMAN
6003 East Ridgewood Court, Anaheim Hills, CA 92807
LOCATION: 2520 East Park Lane
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.050 to construct a 2-story, $-unit apartment
complex:
SECTION 18.34.063.022 - Minimum side yard setback.
(12 feet required for building wall with
windows; 5 feet proposed)
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 request, for the specific design proposed, is minimal because
the petitioner could legally construct a 2-story building located 5 feet
from the east property line without a variance if there were no windows
in said wall, and there are only 2 windows in said wall (a living room
window and a bathroom window for one 1 apartment unit amounting to only
15~ of the entire wall length) and said windows are located 10 feet from
the property line;
2. That there are special circumstances. applicable to the property
consisting of shape and location which do not apply to other identically
zoned properties in the vicinity, because the property is
irregularly-shaped with 255 feet of the total 420 feet of its property
lines being along public streets and, therefore, 15 foot deep front
setbacks must be provided for 59~ of the property lines limiting
potential building placement on the property; 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.
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Page 2
Variance No. 4020
CALIFORNIA ENVIRONMENTAL QUALITY AGT FINDING: That the Zoning Administrator
has reviewed the proposal for `waiver of minimum side yard setback to construct
a 2-story, 8-unit apartment building on an irregularly-shaped parcel of land
consisting of approximately 0.27 acres located at the northeast corner of
Terrace Street and Park Lane, having frontages of approximately 118 feet on
the northeast side of Terrace Street and 137 feet on the southeast side of
Park Lane,'and further described as 2520 East Park 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, L do hereby determine to
approve Variance No. 4020, subject to the following conditions:
L * That prior to issuance of a building permit, the appropriate sewer
assessment fee shall be paid to the City of Anaheim in an amount
determined by the City .Engineer.
2. * 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.
3. * That gates shall not be installed across the driveway in a manner which
may adversely affect vehicular traffic in the adjacent public
street(s). Installation of any gates shall conform to the Engineering
Standard Plan No. 402 and shall be subject. to the review and approval. of
the City Traffic Engineer prior to issuance of a building permit.
4. * That plans shall be submitted to the City Traffic Engineer for his
review and approval showing conformance with Engineering Standard Plan
Nos. 4028, 436F, 601D, 602D, 604A and-605 pertaining to parking
standards. Subject property shall thereupon be developed and maintained
in conformance with said plans.
5. That the driveway on Park Lane shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer in conformance with
Engineering Standard No. 137.
6. *-.That both spaces in a pair of tandem parking spaces shall be assigned to
the same dwelling unit.
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Page 3
Variance No. 4020
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7. * That street lighting facilities along Park 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.
8. * That the new construction authorized by this decision shall be served by
underground utilities.
9. That the legal owner of subject property shall .provide conduits and
structures to intercept the existing underground electrical system and
stub the existing system onto said property, as required by the
Electrical Engineering Division.
10. * That fire sprinklers shall be installed as required by the City Fire
Department.
11. * 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 move 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.
12. That an unsubordinated covenant shall be recorded agreeing to provide
the renter of each dwelling unit with written information obtained from
.the school .district(s) pertaining to possible overcrowded conditions and
busing status of the school(s) serving the dwelling unit.
13. That prior to issuance of a building permit, the petitioner shall submit
a plan(s) to the Planning Department showing the following information,.
and said plans shall be agendized for a regular .meeting of the Zoning
Administrator as a "Reports and Recommendation" staff report, for her
review and approval:
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Page 4
Variance No. 4020
(a) In order to provide permanent visual separation between subject
property and the adjacent property to the east, a six (6) foot high
masonry wall. shall be constructed along the easterly property line,
excepting the setback areas adjacent to the public street and alley
where said wall height shall not exceed three (3) feet. Said wall
may replace the existing wooden fence if the existing easterly
property owner agrees; otherwise, said wall shall be constructed
adjacent to the wooden fence. The specific construction material
and design of said wall shall be identified on the plan(s).
(b) In order to restrict access to the first level parking garage, all
the windows of said first level garage shall be protected with
wrought iron grills or similar screening. The specific
construction material and design of said screening shall be
identified on the plan(s). There shall not be any windows along
the easterly wall of the first level garage.
(c) In order to improve security and safety for tenants and visitors in
the first Level parking garage, "safety lighting" fixtures shall be
installed therein. The specific brand, style, location and amount
of illumination of said fixtures shall be identified on the plan(s).
(d) In order to enhance the five (5) foot wide side yard between
subject property and the adjacent property to the east, landscaping
including trees and tall bushes shall be installed therein. The
specific plant species, number of plants, size and placement shall
be identified on the plan(s).
(e) In order to restrict unauthorized access to the five (5) foot wide
side yard along the easterly property line, wrought iron lockable
gates or fencing shall be installed at the northerly. (Park Lane)
and southerly (public alley) ends. The specific construction
material and design of said gates and/or fencing shall be
identified.
Prior to submittal of the above-specified information to the Planning.
Department for placement on a Zoning Administrator public .meeting
agenda, the petitioner shall .provide a copy of the plan(s) showing the
six (6) foot high block wall details, Item (a) above, and the
landscaping details, Item (d) above, to the property owners} of the
adjacent property to the east for their review. The petitioner shall be
responsible for notifying said neighboring property owner(s), in writing
and at least ten (10) days earlier, of the date on which the subject
plans have been agendized for the Zoning Administrator's consideration.
Proof of said notification shall be submitted to the Planning Department.
04248 4 ZA 90-7
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Page 5
Variance No. 4020
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 and Z, and Revision No. 1 of Exhibit Nos. 3 and 4;
provided, however, that the following modifications shall be shown on
the plans in accordance with Condition No. 13, above.
{a) A six (6) foot high masonry block wall shall be constructed and
maintained along the easterly property line, excepting the setback
areas adjacent to the public street and alley where said wall
height shall not exceed three (3) feet.
(b) The windows of the first level parking garage shall be protected
with wrought iron grills or similar screening, and there shall not
be any windows in the easterly wall of the first level parking
garage.
(c) "Safety lighting" fixtures shall be installed and maintained in the
first level parking garage.
(d), Landscaping with permanent irrigation facilities shall be installed
and maintained in the five (5) foot wide side yard along the
easterly property line. Said landscaping shall be permanently
maintained.
(e) Wrought iron lockable gates or fencing shall be installed and
.maintained at the northerly (Park Lane) and southerly {public
alley) ends of the five (5) foot wide landscaped side yard along
the easterly property line.
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, 7, 9, 11, 12 and 13, above-mentioned, shall be
complied with. Extensions for further 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. 3,
4, 5, 6, 7, 8, 10 and 14, above-mentioned, shall be complied with.
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. Further, conditions marked with
an asterisk (*) are required by established laws, codes, regulations
and/or agreements, and are not subject to negotiation.
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Variance No. 4020
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This decision is made, signed, and entered into the file this eighth day of
February, 1990:
l~" ~'/.
A nika 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 8, 1990 ~1G1~,~_r~, ,~C1~2~h~
Pamela H. Starnes, Executive Secretary
0424g 6 ZA 90-7