Resolution-ZA 1990-37• •
PETITION:
DECISION OF THE ZONING ADMINISTRATOR - ZA 90-37
VARIANCE NO. 4058 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 1
DATE AF PUBLIC HEARING: June 28, 1990
OPPOSITION: One person at the public hearing indicated his presence in
opposition to the proposal; and one letter in opposition was
received.
OWNER: EMAD ABDOU
1448 East Forrest Lane, Anaheim, CA 92805
LOCATION: 405 East Adele Street
REQUEST: Petitioner request waiver of the following under authority of
Code Section 18.12.060..050 to retain 2 dwelling units:
(a) SECTIONS 18.32.-063.022 - Minimum side yard.
and 18.32.063.023 (5 and 7 feet required from east
and north property lines;
2 and 6.5 feet. proposed)
(b) SECTION 18.32.063.032 - Minimum recreation/leisure area.
(350,sq.ft. per unit required;
none 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 .petitioner estimated that subject property has been developed
with 2 dwelling units for about 50 years and said. that. the current owner
has been rehabilitating the property since recently purchasing it;
2. That the impact of waiver (a) on the neighbor to the east is minimal
because the existing lot width (45 feet) is -only 64~ of what Code
currently requires (70 feet), that the easterly building elevation is
blank -.with no windows or doors facing the neighbor to the east, and,
further, that the building is only one story in height (about 12-1/2);
3. That the requested waiver (a) is minimal as it pertains to. the north
.property line where the setback is 6-1/2 feet instead of 7 feet (a
difference of only 7~) and that the building is only one story in height
(about 12-1/2 feet);
4. That the requested waiver (b) is necessary because the available on-site
recreation space has minimum dimensions of less than 10 feet (l0 feet is
required for at-grade space to be considered. usable by Code) but that
approximately 480 sq.ft. of open space. exists in two private areas having
dimensions of 6-1/2 by 45 feet'and 8 by 34 feet; and
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ZA90-37
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Variance No. 4058
5. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity which similarly sized properties are also. developed with
2 units.
CALIFORNIA'ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waivers of minimum side yard and minimum
recreational/leisure area to retain 2 dwelling units; 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. 4058, subject to the following conditions:
1. That a Lot Line Adjustment Plat to place all structures on a single Iot
shall be submitted to the Subdivision Section for approval by the City
- Engineer and recordation in the Office of the Orange County Recorder.
2. That the 3ega1 property owner shall irrevocably offer to dedicate to the
City of Anaheim an easement thirty (30) feet in width from the centerline
of Adele Street for street purposes.
3. That the legal property owner shall .make a cash payment to the. City of
Anaheim for removal of existing improvements along Adele .Street and
construction of full street improvements.
4.-* That prior to issuance of a building permit, the appropriate traffic
signal assessment fee for the second dwelling shall be paid .to the City
of Anaheim in an amount as established by City Council resolution.
5. * That subject proposal-authorized by this decision shall be served by
underground utilities..
6. That the legal owner of subject property shall obtain a five (5) foot
wide .public utility easement adjacent to the .easterly property line of
the adjacent property to the north. to the alleyta provide for electrical
service to subject property.
7. * 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. Further, each
unit shall be;provided with storage space, screened from public view, for
two (2) thirty three inch (33") by thirty eight inch (38") by forty two
inch (42") automated refuse collection receptacles. Such information
shall be specifically shown on the plans submitted for building permits.
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.
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Page 3
Variance No. 4058
9. 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. 1; provided, however, that:
(a) A .six (6) foot high masonry block wall shall be constructed along
.the entire west property line except the front fifteen (15) foot
setback as measured from Adele Street;
(b) A fully paved ten (10) foot wide concrete driveway shall be
constructed adjacent to .the west property line to provide vehicular
access to the parking spaces;
(c) The open parking space in front of the southerly 2-bedroom unit
shall be moved easterly to provide a minimum twenty five (25) foot
vehicular back-up area; and
(d) The. eight (8) foot wide easterly paved area (approximately one
hundred ninety two [192] sq.ft. in size) shall be modified to
.include landscaping thereby making said area usable for recreational
purposes.
l0. That within one hundred twenty (120) days from-the: date of this decision
or prior to issuance of a building permit, whichever occurs first,
Condition Nos. 1, 2, 3, 6 and 7, above-mentioned, shall be complied with.
11. That prior to final building and zoning inspections, Condition Nos. 5, 7,
8 and 9, above-mentioned,. shall be complied with.
12.* 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 ar 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..
nika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the Gity
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: July 5, 1990
Margarit Perez, Acting Se tary
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