Resolution-ZA 1990-13~,
~~~.:
ti
DECISION OF THE ZONING ADMINISTRATOR - ZA 90-13
PETITION: VARIANCE NO. 4030 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: February 22, 1990
OPPOSITION: No one indicated their presence in opposition at the public
hearing; and no correspondence in opposition was received.
OWNER: ROTUNDA DEVELOPMENT
2082 Michelson Drive #305, Irvine, CA 92715
LOCATION: 1261-1321 North Placentia Avenue
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.06.050 to retain structural encroachments for a
previously approved (and under construction) 13-unit apartment
building:
SECTION 18.34.063.023 - Minimum side yard.
(5 feet required; 3 to 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 is minimal because the waiver pertains only to
twenty four 2-foot deep triangular projections along the west and north
-walls of the first level parking. garage (enclosing corners of parking
spaces), that there are no openings in said projections, and that the
second level of the apartment building conforms with Code;
2. That there are special circumstances applicable to the property such as
size, a triangular shape with an exceptionally long street. frontage (42~
of the combined property. lines), topography, location or surroundings,
which do not apply to other identically zoned properties in the vicinity;
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum side yard to retain structural
encroachments for a previously approved (and under construction) 13-unit
.apartment building on a triangularly-shaped parcel of land consisting of
approximately 0.46 acre, having a frontage of approximately 290 feet on the
northwesterly side of Placentia Avenue, having a maximum depth of
approximately 240 feet, being located approximately 780 feet northeasterly of
the centerline of State College Boulevard and further described as 1261 North
Placentia Avenue; 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.
0440g 1 ZA 90-13
~ ~ ~ ~~~
Page 2
Variance No. 4030
Based. on the evidence and_testimony presented to me, I do hereby determine to
approve Variance No. 4030, subject to the following conditions:
1. That this variance is granted subject to the completion of all conditions
in connection with Variance No. 3656, now pending.
2. .:...That a backflow device, as approved by the City Water Engineering
Division, shall be installed below grade.
3. '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
Revision No. l of Exhibit Nos. 1 through 4; provided, however, that the
north and west walls of the 2-story .building (including the first level
garage) shall be solid and stuccoed with no openings what-so-ever.
4. That within a period of thirty (30) days from the date of this decision,
revised plans (site-plan and/or floor plan, and north and west building
elevations) shall be submitted _to the Building Division showing. the
changes to the north and west walls of the first level parking garage and
that said revisions shall comply with the minimum standards. of the City of
Anaheim, including the Uniform Building and Fire Codes as adopted by the
City of Anaheim. The appropriate permits shall be obtained for any
necessary work.
5. That prior to final building and zoning inspections, Condition Nos. 1, 2
and 3, 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.
This decision is made, signed, and entered into the file this twenty-eighth
day of February, 1990.
Annika M. Santalahti
Zoning Administrator
NOTICES This decision shall become finale. 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: y~~~, s, ~~f~~
Pamela H. Starnes, Executive Secretary
0440g 2 ZA 90-13