Resolution-ZA 1992-04• •
DECISION NO. ZA 92-4
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4166
DATE OF PUBLIC HEARING: January 9, 1992
OWNER: EFFAT YOUSSEF
2516 West Lincoln Avenue, Anaheim, CA 92801.
LOCATION: 314 South Helena Street
CEQA STATUS: Negative Declaration
OPPOSITION: One person indicted his presence at the public hearing with
concerns regarding the proposal, and no correspondence in
opposition to the proposal was received.
REQUEST:. Petitioner requests waiver of the following under authority of Code
Section 18.12.060.040 to construct a 3-story, 10-unit apartment
complex:
SECTION 18.34.062.011 - Maximum structural height.
(2 stories permitted; 3 stories 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 there are special circumstances applicable to subject property
consisting of location and surroundings which do not apply to other
identically zoned properties in the vicinity because the adjacent property
to the north is developed with a church building exceeding the proposed
apartment building height (32~ feet) and the property to the west is
developed with a multiple story parking structure which also exceeds the
proposed building height; and
2. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity because adjacent property to the south and nearby property
to the southwest are developed with 3-story apartment buildings.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct
a 10-unit apartment complex on a rectangularly-shaped parcel of land consisting
of approximately 0.28 acre having a frontage of approximately 78 feet on the
east side of Helena Street, having a maximum depth. of approximately 160 feet,
being located approximately 170 feet south of the centerline of Broadway, and
further described as 314. South Helena 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
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Variance No. 4166
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. 4166, subject to the following conditions:
1. * That street lighting facilities along Helena 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. The above-required
improvements shall be installed prior to occupancy.
2. * That subject proposal authorized by this decision shall be served by
underground utilities.
3. That prior to issuance of a building permit, the petitioner shall either:
(a) Submit a Lot Line Adjustment Plat to the Subdivision Section to
combine the two (2) existing lots. Said plat shall be approved by
the City Engineer and then recorded in the Office of the Orange
County Recorder; or
(b) Submit satisfactory evidence to the Subdivision Section showing that
the property is one (1) legal parcel. A certificate of compliance
shall then be obtained.
4. 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.
5. * 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.
6. * That roll-up garage doors shall be shown on plans submitted for building
permits. Said doors shall be installed on all garages and maintained as
shown on submitted plans.
7. 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 bedroom. 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.
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Variance No. 4166
8. That an unsubordinated covenant shall be recorded with the Office of the
Orange County Recorder agreeing to provide the renter 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.
9. * That prior to issuance of a building permit for construction of the new
apartment building, a six (6) foot high masonry block wall shall be
constructed and maintained along the north, south and east property lines
excepting the front setback where the wall height shall not exceed three
(3) feet; provided, however, that the City Traffic and Transportation
Manager shall have the authority to reduce the height of the wall to
protect visual Lines-of-sight where pedestrian and/or vehicular
circulation intersect. Said block wall shall be planted and maintained
with clinging vines to eliminate graffiti opportunities. The 6-foot
height. of said block wall shall be measured from the highest adjacent
finished grade level.
10. 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 Revision No 1. of Exhibit No. 1 and Exhibit No. 2; provided,
however, that:
(a} The City Traffic and Transportation Manager shall have the authority
to approve the specific design of the driveway on Helena Street
which will be aligned for the purpose of retaining .the existing
mature pine tree. In the event said driveway cannot be designed in
a manner satisfactory to the City Traffic and Transportation
Manager, the pine tree may be removed; and
(b) The on-site parking spaces shall be designed in a manner acceptable
to the City Traffic and Transportation Manager.
11. That the developer of the proposed apartment building shall inform the
adjacent church officials/employees who operate the church's child day
care facility of the construction schedule: estimated dates of
commencing and completing {a} demolition of the existing buildings,
(b) any grading operations, (c) construction of the block wall along the
property lines and (d) construction of the apartment building; the daily
work hours; and any changes to the schedule or work hours.
12. 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, 3, 4, 5, 6, 7, 8, 9, 10.a and 10.b, 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.
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Variance No. 4166
13. That prior to final building and zoning inspections, Condition Nos. 1, 2,
9 and 10, above-mentioned, shall be complied with.
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 sixteenth day of
January, 1992.
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 forty/ard a ~c'o_p~y__.t_o the City Clerk.
DATED: January 16, 1992 ~ ~ ice-` ~!~~~.~~/~,t~~
Pamela H. Starnes
Administrative Assistant
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