Resolution-ZA 1990-95,~ ~
...DECISION OF THE-ZONING ADMINISTRATOR - ZA 90-95
AMENDING ZA 90-57
PETITION: VARIANCE NO. 4074 CEQA STATUS: CATEGORICAL EXEMPTION -
CLASS 2
DATE OF PUBLIC HEARING: September 20, 1990
OPPOSITION: No one indicated their presence in opposition; and no
correspondence in opposition was received.
.OWNERS:. GEORGE BEHNAM and KAMAL WISSA
1240 North Van Buren #113, Anaheim, CA 92807
LOCATION: 221 West Santa Ana Street.
Having been:appointed.Zoning Administrator by the Planning Director,
pursuant to Anaheim Municipal Code Section 18.12.:040, to decide the
above.-referenced"petition anda public hearing having. been duly
noticed for and held on he'date set forth above, I do hereby find:
1. That Variance No 4074 was approved by the Zoning Administrator
on_August 9, 1990, in connection with Decision No. ZA_90-57, to
construct a 4=unit-apartment building with waiver of .minimum
structural setback;
2.._ That Condition No. 15 Contained. in Decision No. ZA 90-57 reads as
follows:
That .a twelve (12) inch .sanitary. sewer shall beconstructed
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 conjunction with Reclassification No. 89-90-47
and Conditional User 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 in a form approved by the City Attorney, shall be posted
with the City of Anaheim prior to issuance of a building
permit. The improvements shall be constructed prior to
..final building and zoning inspection.. The developer may
apply for a reimbursementagreement to .recover a portion of
the cost of sewer improvements.
3. That the petitioner requests amendment to the conditions of
.approval of Decisiom No. ZA 90-57 to delete Condition No. 15; and
4. That the Engineering Department has determined .that said
Condition No. 15 is not necessary because a sewer assessment fee
has been paid and will, be applied towards the future construction
of the sewer line detailed in Condition No. 15 of Decision No. ZA
90-57.
ZA-4074R -1- ZA 90-95
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Page 2
Variance-No. 4974
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning
Administrator has reviewed the proposal to amend the conditions of
approval to .delete Condition No. 15 of Decision No. 90-57-(pertaining
to construction of sewer facilities).in connection with a proposed
4-unit, apartment building on arectangularly-shaped parcel of land
consisting of ''approximately -0.17 acre, located at the northeast corner
of Santa Ana street and Clementine Street, having frontages of
approximately ,76 feet' on the east side of Clementine Street and 100
feet on the north side of Santa Ana 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 withinthe definition o£ 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 the request, thereby amending Decision No.
ZA 90-57, adopted in connection with Variance No. 4074, to delete"
Condition No. 15 in its, entirety.
This decision is made, signed and entered into. the file this
twenty-seventh day of September, 1990.
~~ ~ ~-~~-
Annika.M. Santalaht
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 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 lb days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare .under penalty of,
perjury that ,on the date set 'forth .below, .Z did-deposit, in the United
`States Mail,`'a copy of-the decision to the applicant and: did forward a
copy to the City Glerk.
DATEDz September 27. 1990 T~ may. ~!G~~/J~i~
Pamela H. Starnes
Administrative Assistant
ZA-4074R -2- ZA 90-95