Resolution-ZA 1992-21•
CITY OF ANAHEIM, CALIFORNIA
Planning Department
DECISION NO. ZA 92-21~ OF THE. ZONING ADMINISTRATOR
APPROVIpiG AMUSEMENT ARCADE NO. 1014
Mr. Mike Min-Hung Chung
510 South Beach Boulevard
Anaheim, CA 92804
RE: AMUSEMENT ARCADE N0. 1014
` Notice is hereby given that the Zoning Administrator for the City of Anaheim
~< has approved the above referenced permit application to retain an Amusement
Arcade consisting of fifty (50) amusement devices located at 510 South Beach
Boulevard, 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:
1. That. this arcade premises was previously approved by the Anaheim City
''Council fora period of one year and that no complaints were received'
during that one-year period; --.-
2. That public notices were mailed on April 3, 1992 to each business and
residence located within a radius of three hundred (300) feet from the
premises within which said arcade is proposed;
3. That no objections were received from the above-mentioned businesses and
tenants during the ten-day public notice period;
4. That the proposed arcade is located on property zoned CL "Commercial,
Limited" which zone permits amusement arcades; and
5. 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: April 23,1992
Annika M. Santalahti
Zoning Administrator
°Io~Z Z~9 2 200 South Anaheim Boulevard
,.. ~o(~de.d ''~ ~~ P.O. Box 3222, Anaheim, California 92803 (714) 254-5139
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DECISION NO. ZA 92-21
OF THE ZONING ADMINISTRATOR
AMENDING DECISION NO. ZA 92-11
ADOPTED IN CONNECTION WITH VARIANCE NO. 4171
DATE OF PUBLIC HEARING: May 14, 1992
OWNER: Antonio Campos
709 North Pauline Street
Anaheim, CA 92805
LOCATION: 709 North Pauline Street
REQUEST: Pursuant to Anaheim Municipal Code Section 18.03.091 "Termination or
Modification of Conditional Use Permits or Variances (Procedures)",
petitioner requests amendment to the conditions of approval adopted
in connection with Variance No. 4171 and pertaining to recordation
of an unsubordinated covenant regarding occupancy of the proposed
single family residence.
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 no one indicated their presence at the public hearing in opposition
and no correspondence was received;
2. .That on February 20 and March 5, 1992 a public hearing was conducted to
consider waivers of (a) maximum lot.. coverage and (b) minimum open space
requirement to construct a 1,626 sq.ft. addition to an existing single
family residence;
3. That on March 12, 1992 the Zoning Administrator signed Decision No. ZA
_ 92-11, approving subject variance, in part, granting waiver (b) minimum
open space requirement to construct a 1,294 sq.ft. addition to the existing
single family residence (the originally proposed waiver [a] maximum lot
coverage was deleted in connection with revised plans);
4. That, because of concerns regarding possible conversion of the proposal to
multiple-family use, the following condition was added to said decision:
"No. 8. That the ZegaZ owner of subject property shall record an
unsubordinated covenant with the Orange County Recorder, as
follows:
ZA-4171A.dox 1 ZA 92-21
• •
Page 2
Variance No. 4171
(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 R5-5,000 "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 unsubordznated covenant may provide that, if the
property is reclassified to a multiple-family residential
zone zn 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."
5. That Condition No. 8 as contained in Decision No. ZA 92-11 is unduly
onerous because the approved waiver is minimal (the proposed open space is
less than 6~ smaller than required by the Zoning Code for a 4-bedroom
dwelling), and said waiver would have been processed in connection with an
Administrative Adjustment instead of a Variance except that two waivers
were originally proposed;
6. That the petitioner requests amendment to said Decision No. ZA 92-11 to
delete Condition No. 8; and
7. That the approved waiver for development of subject property pertains only
to a single family residence (as shown on the approved exhibits) and that
conversion or other modification of said single family residence (located
in the RS-5000 Zone) to a multiple-family dwelling would be in violation of
City of Anaheim zoning regulations.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On March 12, 1992, it was
determined that the project approved in connection with Variance No. 4171 was
categorically exempt from the requirement to prepare an Environmental Impact
Report, and therefore, no further action needs to be taken at this time.
ZA-4171A.dox 2 ZA 92-21
• •
Page 3
Variance No. 4171
Based on the evidence and testimony presented to me, I do hereby determine to
.amend Decision No. ZA 92-11 to delete the requirement for recording an
unsubordinated covenant and to amend Condition Nos. 8 and 10 to read as
follows:
8. (a) That the approved waiver for development of subject property in the
RS-5000 Zone pertains only to a single family residence, as shown on
the approved exhibits; and
(b) That conversion or other modification of subject single family
residence (located in the RS-5000 Zone) to any use other than single
family occupancy as permitted by the RS-5000 Zone standards would be
in violation of City of Anaheim zoning regulations and would render
this variance null and void.
(c) Alternatively., if subject property were to be reclassified from the
RS-5000 Zone to another zone, conversion or other modification of
subject single family residence to any use other than single family
occupancy would have to be in full compliance with the development
standards of that zone unless a zoning variance or conditional use
permit were granted approving such modification.
10. That prior to issuance of a building permit or within a period of one (1)
year from the date of Decision No. ZA 92-11, whichever occurs first,
Condition Nos. 1, 2, 4, 6 and 7, 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.
This decision is made, signed, and entered into the file this twenty-first day
of May, 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: May 21, 1992 ~~~'l'I,/~G~1~~ ~, ~~-, --~
Pamela H. Starnes
Administrative Assistant
ZA-4171A.dox 3 ZA 92-21