Resolution-ZA 1991-43f-
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DECISION OF THE ZONING ADMINISTRATOR - ZA 91-43
PETITION: VARIANCE NO. 4149 CEQA STATUS: .NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: November 14, 1991
OWNER: JOHN G. PRENTICE
1815 Port Renwick Place, Newport Beach, CA 92660
AGENT: MOHLER CORPORATION
1010 East Chestnut Avenue, Santa Ana, CA 92701
LOCATION: 2940-2950 Frontera Street
OPPOSITION: No one indicated their presence at the public hearing in
opposition and no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.050 to construct a 26-unit apartment complex:
SECTIONS 17.12.070.0102 - Minimum distance between oil drilling
and 18.83.060 sites and dwellin s.
(150 feet required; 126 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 proposed waiver is only 16~ (24 feet) less than the Code
requirement (150 feet);
2. That only 6 of the 26 proposed units are located partially within the
150-foot radius from the oil well;
3. That all the proposed dwellings will be separated from the existing oil
well by a driveway and a row of garages which will serve as a visual
screen between the dwellings and the oil well, and that the oil well is
located 64 feet from the west property line of subject property;
4. That strict application of the Zoning Code deprives subject property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity because a precedent has been set in the surrounding area:
property to the south contains a mobilehome park and oil drilling sites
located on the same property, and property to the west contains a 54-unit
apartment complex located near the same oil well which is the subject of
this variance;
5. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity.
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Variance No. 4149
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum distance between oil drilling
sites and dwellings to construct a 26-unit apartment complex on an irregularly
shaped parcel of land consisting of approximately 1.02 acres located between
Frontera Street and Jackson Avenue, having frontages of approximately 165 feet
on the south side of Frontera Street and 180 feet on the north side of Jackson
Avenue, being located approximately 750 feet east of the centerline of Park
Vista Street and further described as 2940-2950 Frontera Street; and does
hereby approve the Negative Declaration upon finding that she has considered
the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
Based on the evidence and testimony presented. to me, I do hereby determine to
approve Variance No. 4149, subject to the following conditions:
1. * 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.
2. That plans submitted for building permits shall include the following
notation: If the installation of any vehicular security gates is
proposed in the future, the property owner/developer will first obtain
the approval of the City Traffic and Transportation Manager (as well as
the Fire Department if such gates are .proposed to be lockable).
3. * That plans shall be submitted to the City Traffic and Transportation
Manager for his review and approval showing conformance with the latest
revisions of Engineering Standard Plan Nos. 436 and 601 pertaining to
parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
4. That all driveways shall be constructed with ten (10) foot radius curb
returns as required by the City Engineer in conformance with Engineering
Standard No. 137.
5. * That roll-up, lockable garage doors shall be provided for all the
garages and that such information shall be specifically shown on plans
submitted for building permits. Said doors shall be installed and
maintained as shown on submitted plans.
6. * That any lockable pedestrian access gates sYiall be equipped with "knox
box" devices as required and approved by the Fire Department, if such
gates are installed.
7. * That fire sprinklers shall be installed as required by the Fire
Department.
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Variance No. 4149
8. That the owner of subject property shall submit a letter requesting
termination of Variance No. 3624 {waiver of maximum building height to
construct a 21-unit apartment complex) and Conditional Use Permit No.
3380 .(permitting an "affordable" 24-unit apartment complex with waivers
of minimum site area per dwelling unit, maximum structural height,
minimum landscaped area, maximum fence height and minimum distance from
oil drilling sites to dwelling units) to the Zoning Division.
9. * That the legal property owner/developer shall pay a service connection
fee for the undergrounding of the electrical system in accordance with
the City of Anaheim Rates, Rules, and Regulations, and the Electrical
Engineering Construction Standards.
10. That the legal property owner/developer shall post a bond to guarantee
the installion of an underground Multi-Street Light System on the
adjacent public streets, as required by the Electrical Engineering
Division.
11. That the legal owner of subject property shall dedicate to the City of
Anaheim public utility easements for on-site existing or proposed city
electrical facilities, as required by the Electrical Engineering
Division.
12. * That subject proposal shall be served by underground .utilities.
13. * That street lighting facilities along Frontera Street and Jackson Avenue
shall be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of the Utilities
General Manger; 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 improvements. Said
security 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 occupancy.
14. *That prior to issuance of a building permit, satisfactory evidence
shall be presented to the Building Division showing that the proposal is
in conformance with Council Policy Number 542 "Sound Attenuation in
Residential Projects" and with .Noise Insulation Standards specified in
the California Administrative Code, Title 25.
15. That the construction of any habitable areas of any buildings shall
conform with Anaheim Municipal Code Section 17.12.070.0102 pertaining to
the proximity of oil wells to dwellings.
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Variance No. 4149
16. That plans submitted for building permits shall show that all habitable
rooms shall have a minimum ceiling height of seven and one half (7~)
feet. All habitable rooms shall be constructed in accordance with said
plans and ceiling heights shall be verified prior tc issuance of a
certificate of occupancy.
17. That the legal owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim an easement fifty one (51) feet in width
from the centerline of the street along Frontera Street for street
:widening purposes.
18. * That the. existing street improvements along Frontera Street shall be
removed and full street improvements constructed at the ultimate
location. That 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.
19. Prior to issuance of a building permit, a sewer capacity mitigation fee
of seven hundred seventy dollars ($770) per dwelling unit shall be paid
to the City of Anaheim.
20. * That trash storage areas shall be provided and maintained in a location
acceptable to the Department of Maintenance and in accordance with
'approved plans on file with said Department. Such information shall be
specifically shown on .the plans submitted for building permits.
21. That a Plan Sheet for solid waste storage and collection and a plan for
recycling shall be submitted to the Department of Maintenance for review
and approval.
22. That an on-site trash truck turn-around area. shall be provided and
.maintained, if required by the Department of Maintenance. Said
turn-around area shall be specifically shown on plans submitted for
building permits.
23. * That all air conditioning facilities and other roof and ground mounted
equipment shall be properly shielded from view and the sound buffered
from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
24. * That the on-site landscaping and irrigation system shall be maintained
in compliance with City standards.
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Variance No. 4149
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25. That a 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.
26. 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 4
27. 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, 2, 3, 5, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20,
21,.22, 23 and 25, 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.
27. That prior to final building and zoning inspections, Condition Nos. 4, 6,
7, 10, 12, 13, 18 and 26, above-mentioned, shall be complied with.
28. * 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 twenty-first day
of November, 1991.
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
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: November 21, 1991
Pamela H. Starnes
Administrative Assistant
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