Resolution-ZA 1990-57• •
DECISION OF THE ZONING ADMINISTRATOR - ZA 90-57
PETITION: VARIANCE NO. 4074 CEQA STATUS: CATEGORICAL EXEMPTION, CLASS 2
DATE OF PUBLIC HEARING: August 9, 1990
OPPOSITION: No one indicated their presence in opposition at the public
hearing and no correspondence was received.
OWNERS: George Behnam and Kanal Wissa
1240 North Van-Buren Street #113, Anaheim, CA 92807
LOCATION:. 221_West Santa Ana Street
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.050, to construct a 4-unit apartment building.
Sections 18.34.063.011 - Minimum structural setback.
and: 18.34.063.012 (20 feet along.Santa Ana Street and 15
feet along. Clementine Street required;
15 and 10 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 requested setback waiver along Santa Ana Street is minimal
.because approximately 36 lineal feet of buildings have an average 20-foot
structural setback (as permitted by Code): and only the remaining 22
::lineal feet of building has a 15-foot structural setback; and, further,
that the front 15-foot setback area-along Santa Ana Street will include
landscaped berming;
2. That strict application of .thee Zoning .Code .deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the_ vicinity because existing building setbacks along Clementine
Street have already been established at 10 feet (as -measured from the
ultimate street right-of-way); and
3. That there are special circumstances .applicable to the property
consisting of its relatively large required front setback area (about
...2,740 sq.ft.) in comparison to the total lot size (about 7,220 sq.ft.),
resulting in the required front setbacks .occupying an excessively large
portion.. (about 37~) of the lot's area.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed, the. proposal for waiver of minimum structural setback to
construct a 4-unit apartment building on a rectangularly-shaped parcel of land
consisting of 0:17 acre located at .the northeast corner of Santa Ana Street
and Clementine Street, having approximate frontages of 100 feet on the north
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Variance No. 4074
side of Santa Ana Street and 76 feet on the east side of Clementine Street and
further described as 221 West Santa Ana Street; and that the Planning Director
or his authorized. representative has determined that the proposed project
falls within the definition of Categorical Exemptions, Class 2, 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. 4074, subject to the following conditions:
1. * That a fee for street lighting purposes .shall be paid to the City of
Anaheim based on the length of street frontage along Santa Ana Street in
an amount as established by City Council resolution.
2. * That subject proposal authorized by this resolution shall be served by
underground utilities.
3. * That prior to commencement of structural framing, on-site fire hydrants
shall be installed and charged. as required and approved by the Fire
Department. An all-weather road shall be provided to the hydrants at
all times, as required by the Fire Department.
4. * That fire sprinklers shall be installed as required by the Fire
Department.
5. * 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.
6. * 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.
7. * That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as established by City Council resolution.
8. * That gates shall not be installed across the driveway in a manner which
may adversely affect vehicular traffic in the adjacent public streets.
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.
9. * 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 Nos. 436 and 601 pertaining to parking
standards. Subject property shall thereupon be developed and maintained
in conformance with said plans..
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Variance No. 4074
10. That guest parking shall be clearly marked "guest parking only" and
shall be readily accessible to motorists from contiguous streets and
accessways.
11. * That a Lot Line Adjustment Plat to combine the two (2) existing lots
such that any new building-lies completely within one (1) parcel shall
be submitted to the Subdivision Section and approved by the City
Engineer and then recorded in the Office of the Orange County Recorder.
12.-* That the legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim an easement thirty (30) feet in width
from the centerline of the street along .Clementine Street including a
fifteen (15) foot radius corner :return for street widening purposes.
13. * That the existing street improvements along Clementine Street shall be
removed and full street improvements shall be constructed at the
ultimate location. Prior to issuance of a building permit, street
improvement plans shall be submitted to the .Subdivision Section and a
performance bond in an amount approved by the City Engineer and form
approved by the City Attorney .shall be posted with the City of Anaheim.
- The improvements shall be constructed prior to final building and zoning
inspections.
14. * That prior to issuance of a building .permit, the appropriate sewer
assessment fee shall be paid to the City of Anaheim in an amount as
established by City Council Resolution.
15. That a twelve (12) inch sanitary sewer. shall be constructed along
Clementine Street to Santa Ana Street to connect to a new sewer that
will be _constructed in conjunction with a project at 414 South
Clementine Street to the north (approved in connection with
Reclassification 89-90-47 and Conditional Use Permit No. 3251). Sewer
improvement plans shall be submitted to the Subdivision Section and a
performance bond, in an amount approved by the 'City Engineer and a form
approved by the City Attorney, shall be posted with the City of Anaheim
prior to issuance of building permit.. The improvements shall be
constructed prior to final building and zoning inspection. The
developer may apply for a reimbursement agreement to recover a portion
of the cost of .sewer improvements..
16. * That grading and drainage of subject property shall conform to Chapter
17.A4 "Grading, Excavations,. Fi11s and Water. Courses" of the Anaheim
Municipal Code.
17. * That all .air conditioning facilities :and other roof and. ground mounted
equipment shall be properly shielded from view. Such information shall
be specifically shown on the plans submitted for building permits.
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Variance No. 4074
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18.' That all plumbing or other similar pipes and fixtures located on the
exterior of the building shall be fully screened by architectural
devices and/or appropriate building materials; and, further, that such
information shall be specifically shown on the plans submitted for
building permits.
19. * That the on-site landscaping and irrigation system shall be maintained
in compliance with City standards.
20. 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 more than two (2) persons (other than
children under -the age of two (2) years) per tearoom. 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 with the office of the Orange County Recorder. A copy of
the recorded covenant shall be furnished to-the Zoning Division.
21. That an unsubordinated covenant:-shall be recorded with the office of the
Orange County Recorder 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. 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 submitted to the Zoning .Division.
22. 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.
23. 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, 5 through 9, 11 through 15, 17, 18, 20 and. 21,
above-mentioned, shall be complied with. Extensions far further time to
complete said conditions may be granted in accordance with Section
18,.03.090 of the Anaheim Municipal Code.
24. That prior to final building and zoning inspections, Condition Nos. 2,
4, 15, 16 and 22, above-mentioned, shall be complied with.
25. * 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.
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Variance No. 4074
This decision is made, signed, and entered into the file this sixteenth day of
August, 1990.
Annika 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 1 5 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: August 16, 1990 ~ ~~ ~
Pamela H. Starnes, Executive Secretary
0560g 5 ZA 90-57