Resolution-ZA 1990-29e:
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-29
PETITION: VARIANCE N0. 4051
DATE OF PUBLIC HEARING: May 31, 1990
OPPOSITION: One person indicated his presence at the public hearing in
opposition to subject request, and no correspondence in
opposition was received.
OWNER: Pierco Development
14771 Plaza Drive, Suite A, Tustin, CA 92680
LOCATION: 712. 718, 724 and 728 West_Romnepa Drive
REQUEST: Petitioner requests waiver of the following to establish a 4-lot
RM-1200. (Residential, Multiple-Family) Zone subdivision:
(A) SECTION 18.34.061.020 - Minimum building site width.
(70 feet required;
56.5 feet proposed)
(B) SECTION 18.34.063.022 - Minimum sideyard setback.
(12 feet required;
9.5 and l0 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 waiver (A) is hereby granted on the basis that existing adjacent
parcels to the south have similar lot widths and strict application of
the Zoning Code would, therefore, deprive subject property of privileges
enjoyed by other properties in identical zoning classification in the
vicinity.
2. That waiver (B) is hereby granted on the basis that the request is
minimal and said waiver pertains only to setbacks between the. second
stories over the garages.
CEQA STATUS: CEQA CATEGORICAL EXEMPTION
CLASS 15
CALIFORNIA ENVIRONMENTAL UALITY ACT FINDING: That the Zoning Administrator
has. reviewed the proposal for waiver of minimum building site width and
minimum sideyard setback to establish a 4-lot RM-1200 (Residential,
Multiple-Family) Zone subdivision;. and that the Planning Director or his
authorized representative' has .determined that the proposed project falls
within the definition of Categorical Exemptions, Class 15, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
0489g
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ZA 90-29
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Page 2
Variance No. 4051
Based on .the. evidence and. testimony presented to me, Y do hereby determine to
approve Variance No. 4051, subject to the following conditions:
1. * That sidewalks shall be installed along Romneya Drive 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 the legal owner(s) of subject property shall record unsubordinated
covenant(s) granting perpetual easements as follow:
(a) Access easements for mutual ingress and egress between Parcel Nos.
I and 2, and between Parcel Nos. 3 and 4; and
(b) Covenant agreeing that no fences, walls or other partitions shall
be constructed between Parcel Nos. 2 and 3 in a manner which
reduces the amount of usable recreational .open space to less than
the minimum required by the Zoning Code. for the RM-1200 Zone.
The access easements shall be designed in a manner satisfactory to the
City Traffic Engineer. .Said covenants hall be submitted to the City
Attorney's Office for .review. and approval prior to ..recordation in the
Office of the Orange ,County Recorder. A copy of the recorded covenants
shall be submitted to the Zoning Division.
3. * That street lighting facilities along Romneya Drive 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' hat 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 approval of improvement plans.
4. * That prior to rendering of-water service, the appropriate fees due for
primary water mains shall be paid to the Water Engineering Division in
accordance with Rules 15A and 20, of the Water Utility Rates, Rules and
Regulations.
5. That separate water-fire service will be provided for each parcel.
6. * That the legal owner of subject property shall dedicate to the City of
Anaheim a five (5) foot wide easement along the southerly property line
of subject property for public utility purposes.
7. * That .all parcels within subject subdivision authorized by this
resolution shall be served by underground utilities.
8. That storage areas for recyclable trash shall be out of the public's
view.
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Page 3
Variance No. 4051
9. * 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.
10. * That gates shall not be installed across any driveway. Installation of
any gates .shall conform to 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.
11. * That. plans shall be submitted to the City Traffic Engineer for his
review and approval showing conformance with Engineering Standard Plan
Nos. 436 and 601 pertaining to parking standards. Subject property
shall thereupon be 'developed and maintained in conformance with Baia
plans.
12. That -all driveways on Romneya shall be constructed with. ten (10) foot
radius curb returns as required by the City Engineer in conformance with
Engineering Standard No. 137.
13. * That both .spaces in each pair of tandem parking spaces shall be assigned
to the same dwelling unit.
14. That guest parking shall be clearly marked "guest parking only" and
shall be readily accessible to motorists from contiguous streets.
15. 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 No. 2.
16. That the final parcel map shall be in substantial accordance.. with the
tentative parcel map submitted to the City of Anaheim by the petitioner
and which map is on file with the Planning Department marked Exhibit No.
1.
17. That prior to recordation of a final parcel map, or contiguous with the
recordation of a parcel map, or within a period of one (1) year from the
date of this decision, whichever occurs first, Condition Nos. 2, b and
16, above-mentioned, shall be complied-with. Extensions for further
time- to complete said conditions may be granted in accordance with
Section 1.8.03..090 of the Anaheim Municipal Code.
18. That prior to issuance of a building permit or within a period ,of one
.year from the date of this decision, whichever occurs first, .Condition
Nos.. 3 and 9, 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.
19. That prior to final building and zoning inspections,. Condition Nos. 1,
5, 7, 8 and 10 through 15, above-mentioned, shall be complied with.
0489g 3 ZA 90-29
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Variance No. 4051
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20. * 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 sixth day of
June, 1990.
Annika M. Santalahti
Zoning Administrator
NOTICES 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: ~~~~~'/+-~-~' 6J ~ / /~
Marqarit Perez,.°Acting Se etary
0489g 4 ZA 90-29