Resolution-ZA 1992-11~ ~
CITY OF ANAHEIM, CALIFORNIA
Planning Department
DECISION OF THE ZONING ADMINISTRATOR - ZA 92-11
Fred B. Kenney
3200 East Carpenter Avenue
Anaheim, CA 92806
RE : 13.*+:IJSE.!!f,'NT AILCA DE 1'dG~ . 1013
Notice is hereby given that the Zoning Administrator for the City of Anaheim
has approved the above referenced permit application for an Amusement Arcade
to permit 210 additional amusement (video) arcade devices located at 3200 East
Carpenter Avenue, Anaheim, California.
The approval of this permit, in accordance with Anaheim Municipal Code Section
4.14.045, is based upon the following findings of fact:
I. That public notices were mailed on January 23, 1992 to each business and
residence located within a radius of three hundred (300) feet from the
premises within which said arcade is proposed;
2. That no objections were received from any of the above-referenced
businesses and tenants during the ten-day public notice period (which
ended February 3, 1992);
3. That the proposed arcade is located on property zoned ML "Industrial,
Limited" which zone permits amusement arcades in connection with approved
conditional use permits for recreational uses (Conditional Use Permit Nos.
1215 and 2039); and
4. That the proposed use will not be contrary to the public interest, health,
safety, morals or general welfare.
Any person aggrieved by the decision of the Zoning Administrator may appeal
such decision to the City Council within ten (10) days following the date of
this decision. Such appeal shall be submitted in writing to the Office of the
City Clerk.
If you have any questions concerning this matter, please contact this office
at (714) 254-5139.
Date of Decision: February 13, 1992 `
Annika M. Santalahti
Zoning Administrator
RRCD1013
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 2545139
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DECISION NO. ZA 92-11
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4171, IN PART
DATE OF PUBLIC HEARING: February 20, 1992 continued to the meeting of
March 5, 1992
OWNER: ANTONIO CAMPOS
709 North Pauline Street, Anaheim, CA 92805
LOCATION: 709 North Pauline Street
CEQA STATUS: Categorical Exemption, Class 5
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
Sections 18.12.060.010, 18.12.060.030, 18.12.060.060 and
18.12.060.070 to construct a 1,294 sq.ft. addition (originally 1,626
sq.ft.} to an existing single-family residence:
(a) SECTION 18.27.062.031 - Maximum lot coverage.
(35~ permitted; 40~ proposed)
(b) SECTION 18.27.062.031 - Minimum open space requirement.
(5,850 sq.ft. lot required for a
4-bedroom dwelling;
5,518 sq.ft. lot existing}
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:
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1. That waiver (a) was deleted in connection with the submittal of revised
plans eliminating the waiver;
2. That waiver (b) is hereby approved on the basis that the request is minimal
consisting of a lot area which is only 5.7~ (332 sq.ft.) smaller than
required by Code for a 4-bedroom house;
3. 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; and
4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
ZA-4171
-1-
ZA 92-11
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Page 2
Variance No. 4171
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CALIFORNIA ENVIRONMENTAL 4UALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum lot coverage and minimum open
space requirement to construct a 1,294 sq.ft. addition (originally 1,626
sq.ft.) to an existing single-family residence on a rectangularly-shaped parcel
of land consisting of approximately 5,518 sq.ft., having a frontage of
approximately 48 feet on the west side of Pauline street, having a maximum
depth of approximately 114 feet, being located approximately 125 feet north of
the center line of Wilhelmina Street, and further described as 709 North
Pauline Street; and that the Planning Director or his authorized representative
has determined that the proposed project falls within the definition of
Categorical Exemptions, class 5, 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. 4171, IN PART, 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 tilt-up garage doors a minimum of sixteen {16) feet wide and
twenty five (25) feet long or a roll-up garage door a minimum of sixteen
(16) feet wide and twenty (20) feet long shall be shown on plans submitted
for building permits. Said doors shall thereafter be installed and
maintained as shown on the submitted plans.
3. That a minimum five (5) foot setback shall be maintained between the
"front-on" garage door(s) or any other perpendicular parking spaces and
the ultimate right-of-way of the public alley to the rear. .The ultimate
full width of the alley is twenty (20) feet.
4. * That a fee for street lighting purposes shall be paid to the City of
Anaheim based on the length of street frontage along Pauline Street in an
amount as established by City Council resolution.
5. * That subject property shall be served by underground utilities unless
otherwise approved by the Electrical Engineering Manager.
b. * That the legal owner of subject property shall dedicate to the City of
Anaheim an easement five (5) feet in width along the west property (alley)
dine for public utility purposes. Said easement shall be provided to the
City of Anaheim prior to issuance of building permits.
7. * Prior to issuance of a building permit, the legal property owner shall
irrevocably offer to dedicate to the City of Anaheim an easement ten (10)
.feet in width from the centerline of the alley along the west property
-.line for alley widening purposes.
ZA-4171 -2- ZA 92-11
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Page 3'
Variance No. 4171
8. That the legal owner of subject property shall record an unsubordinated
covenant with the orange County Recorder, as follows:
(a) Specifying that this variance (No. 4171) was approved on subject
property to allow. the expansion of an existing single-family
residence located in the RS-5,000 "Residential, Single-Family" Zone,
with the appropriate findings being made as required by Code; and
(b) Agreeing that subject property shall be maintained as a single-family
residence.
(c) Said unsubordinated covenant may provide that, if the property ~s
reclassified to a multiple-family residential zone in accordance with
the appropriate City procedures, the single-family residence may be
converted to multiple-family use if .all applicable Zoning, Building
and other. City Codes are complied with. In the event of such
reclassification and proper conversion of the single-family residence
to multiple-family use (including but not limited to providing the
minimum required number of parking spaces), the covenant may be
considered null and void.
Prior to recordation with the Orange County Recorder, said unsubordinated
covenant shall be submitted to the Zoning Division for review and approval
by the City Attorney. A copy of the recorded covenant shall be submitted
to the Zoning Division prior to issuance of a building permit.
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
Revision No. 1 of Exhibit No. 1 and 2.
10. 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, 4, 6, 7 and 8, 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.
11. That prior to final building and zoning inspections, Condition Nos. 2, 3,
5 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 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.
ZA-4171 -3- ZA 92-11
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Page 4
Variance No. 4171
This decision is made, signed, and entered into the file this twelfth day of
March, 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 forward a copy to the City Clerk.
DATED: March 12, 1992
Pamela H. Starnes
Administraive Assistant
ZA-4171 -4- ZA 92-11