Resolution-ZA 1990-361; ~ ~ •
DECISION OF THE ZONING ADMINISTRATOR - ZA 90-36
PETITION: VARIANC$ N0. 4048 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 1
DATE OF PUBLIC HEARING: June 28, 1990
.OPPOSITION: No one indicated their presence at the public hearing in
opposition; and no correspondence in opposition was received.
OWNER: NORM SHARF
7701 Variel Avenue, Canoga Park, CA 91304
AGENT: MICHAEL FRAZIER, AIA
18200 Yorba Linda Boulevard #201, Yorba Linda, CA 92687
LOCATION: 1111 Hest Pearl Street
REQUEST: Petitioner requests waivers of the following under Section
18.12.060.040 to retain an existing duplex:.
(a) SECTION 18.32.062.012 - Maximum structural height.
(1 story within 150 feet of
RS-10,000 zoning permitted;
2 stories at 59 feet proposed)
(b) SECTION 18.32.064 - Permitted encroachment.
(Parking in front yard not
permitted:. One parkinc,L space in
frontyard proposed)
Having-been appointed.Zoning.Administrator by the Planning Director, pursuant
to Anaheim Municipal Code Section 18.12.040, o 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 petitioner estimated that the duplex was established about 20
:years. ago, and that recently improvements have been made to the exterior
of the building;
2. That the existing building visually resembles a single family dwelling;
3. .That the requested waiver (a) is hereby .granted .because strict application
of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning. classification in 'the vicinity since a
number of duplexes exist along Pearl Street; 'and
4. That the requested waiver {b) is hereby granted on the basis that the
amount of encroachment into the front 15-foot yard-is minimal-amounting to
part: of an-open parking space about 3 feet deep by 8-1/2 feet wide.
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Variance No. 4048
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for .waivers of maximum structural height and
permitted encroachment to retain an existing duplex at 1111 West Pearl Street;
and that the Planning Director or his authorized representative has determined
that the proposed project falls within the definition of Categorical
Exemptions, Class 1, 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. 4048, subject to the following conditions:
1. * That a Lot Line Adjustment Plat shall be submitted to the Subdivision
Section and approved by the City Engineer and then recorded in .the
Office of the Orange County Recorder to combine the two (2) existing
lots such that subject building lies completely within one (1) parcel.
2. That prior. to issuance of a building permit, a traffic signal assessment
fee for one (1) dwelling in an RM-2400 zoned duplex shall be paid to the
City of Anaheim in an amount as established by City Council resolution.
3. * That .plans shall be submitted to the City Traffic Engineer for his
review and .approval showing conformance with the latest revision of
Engineering Standard Plan No. 602 pertaining to parking standards.
Subject property shall thereupon be maintained in conformance with said
plans. Corrections or modifications shall be-made, as required.
4. That the driveway on Pearl Street shall be reconstructed to accommodate
ten (10) foot radius curb returns in conformance with Engineering
Department standards.
5. * That,. as determined to be appropriate by the Electrical Engineering
Manager, either:
(a) Street lighting facilities along Pearl Street 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 final building and zoning
inspections; or
(b) A fee for street lighting purposes shall be paid to the City of
Anaheim based on the length of street frontage along Pearl Street
in an amount as established by City Council resolution.
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Page 3
Variance No. 4048
6. * That -subject .proposal authorized by this decision shall be served by
underground utilities.
7. * That the legal owner of subject property shall dedicate to the City of
Anaheim an easement five (5) feet in width along the north property line
for public utility purposes.
8. * That trash 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. Further, as may be required by said division, each
dwelling unit shall be provided with storage space, screened from public
view, for two (2) thirty three`ineh {33") by thirty eight inch (38") by
forty two inch (42") automated collection refuse: receptacles.
9. * That the existing structure shall comply with the minimum standards of
the City of Anaheim, including the Uniform Building, Plumbing,
Electrical, Housing, Mechanical and Fire Codes as adopted by the City of
Anaheim.
10. That a six (6) foot high masonry block wall shall be constructed .along
the entire north property. line to replace. the existing. wooden fence and
that the written concurrence of the adjacent neighbor/property owner
with the specific design, material and color of the new wall shall be
obtained before .the appropriate permit is issued by the .Building
..Division and said wall is actually constructed. If said
neighbor/property owner does not concur with replacing the wooden fence
with a new block wall, then said wall shall be constructed adjacent to
.the .wooden fence. Said new wall shall be constructed at petitioner's
expense.
11. 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 a block wall,
as described in Condition No. 10, above, shall be constructed along the
entire north property line..
12. That prior to issuance of a building permit or within a period of six
(6) months days from the date of this decision, whichever occurs first,
Condition Nos. 1, 2, 3, 5, 7, 8 and 10, 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.
13. .That prior to final building. and- zoning inspections, Condition Nos. 4,
6, 8, 9, l0 and 11, above-mentioned, shall be complied with.
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Page 4'
Variance No. 4048
14. * 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, therefore, not subject to
negotiation.
This decision is made, signed, and entered into the file this fifth day of
July, 1990.
Annika M. Santalahti
Zoning Administrator
NOTICE: This. decision shall become final unless an appeal to the City
Council, `in writing, accompanied by an appear 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: July 5, 1990
Margar' Perez, Acting S retary
05078 4 ZA 90-36