Resolution-ZA 1992-47
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DECISION NO. ZA 92-47
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4199
LOCATION: 833 SOUTH LEMON STREET
OWNER: CHRISTOPHER WHITE
829'h South Lemon Street
Anaheim, CA 92805
DATE OF PUBLIC HEARING: October 1, 1992
CEQA STATUS: Categorical Exemption, Class 5
OPPOSITION: Two concerned people indicated their presence at the public hearing, and no
correspondence in opposition was received.
REQUEST: Petitioner requests waivers of the following to construct a 1,062 sq.ft. apartment attached
to an existing single-family residence:
(a) Sections 18.06.050.0121 - Minimum number of covered parking, spaces.
18.06.080 (4 required; ~ proposed)
18.12.060.110
and 18.32.06b.010
(b) Sections 18.12.060.010
18.32.063.021
18.32.063.022
and 18.32.063.023
Minimum structural setbacks.
(12. 8. 6 and 5 feet required;
9. 6. 5 and 2 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 public hearing having been duly
noticed for and held on the date set forth above, I do hereby find:
1. That the covered parking waiver (a) continues an existing situation wherein the existing single
family dwelling has only 1 covered parking space in a garage but has space for approximately 4
cars parked tandem in the existing driveway; and that, overall, the existing house and proposed
apartment will have a total of 9 parking spaces, 2 more than the minimum required by Code;
2. That waiver (a) will not cause an increase in traffic congestion in the immediate vicinity nor
adversely affect any adjoining land uses;
3. That the granting of waiver (a) under the conditions imposed will not be detrimental to the peace,
health, safety or general welfare of the citizens of the City of Anaheim.
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VARIANCE NO. 4199
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4. That waiver (b) is minimal, amounting to typical setbacks only 1 to 2 feet less than required by
Code along the north and south property lines, and that the 2-foot setback (6 feet required)
pertains to the existing garage which is being remodeled from a detached to an attached garage;
and
5. That strict application of the Zoning code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity because nearby properties have side
yard setbacks which are smaller than required by Code.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waiver of minimum number of covered parking spaces and minimum structural
setbacks to construct an additional dwelling unit in connection with an existing single-family unit with on
arectangularly-shaped parcel of land consisting of approxunately 7,650 sq.ft., having a frontage of
approximately SO feet on the west side of Lemon Street, having a maximum depth of approximately 153
feet, being located approximately 878 feet north of the centerline of Vermont Avenue, and further
described as 833 South Lemon 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 of California Environmental Impact Report (E1R) Guidelines and is, therefore,
categorically exempt from the requirement to prepare an E1R.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4199, subject to the following conditions:
1. That the existing single-family dwelling and garage structure shall, as required by the Building
Division, be brought into compliance with the minimum standards of the Uniform Building
Code, Uniform Plumbing Code, National Electric Code, Uniform Mechanical Code, Uniform
Fire Code and Uniform Housing Code, as currently adopted and implemented by the City of
Anaheim.
2. That a six (6) foot high block wall shall be constructed along the north .and south property lines
(in lieu of the proposed five [5] foot high block and wood fencing shown on Exhibit No. 1) and
that said fencing shall be shown on the plans submitted for building .permits.
3. That 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.
4. That a storage area for two (2) trash containers shall be provided.
5. That a trash storage area 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.
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VARIANCE NO. 4199
6. 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.
7. That a minimum eight and one-half (8~i~) foot setback shall be maintained between perpendiculaz
pazking spaces and the public alley to the west. Said information shall be shown on the plans
submitted for building permits.
8. That fire sprinklers shall be installed as required by the Fire Department.
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 Exhibit Nos. 1 and 2; except as otherwise required for the fencing along the
north and south property lines in connection with Condition No. 2 herein.
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. 2, 3, 5, 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.
11. That prior to final building and zoning inspections, Condition Nos. 1, 2, 4, 8 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.
This decision is made, signed, and entered into the file this eighth day of October, 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 ~ days 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, l did deposit, in the United States Mail, a copy of the decision to the applicant and
did forward a copy to the City Clerk.
DATE: October 8, 1992
Pamela H. Starnes
Administrative Assistant
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