Resolution-ZA 1996-03
DECISION NO. ZA 9fr03
A DECISION OF THE ZONING ADMINISTRATOR
DENYING TENTATIVE PARCEL MAP NO. 95-192
OWNER: William Fackfner
740 North West Street
Anaheim, CA 92801
AGENT: Anacal Engineering Company
Attention: Cal J. Queyrel
P.O. Box 3668
Anaheim, CA 92803
LOCATION: 740 - 750 North West Street
CEQA STATUS: Negative Declaration
HEARING DATE: February 1, 1996
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was. received.
REQUEST: Petitioner proposes to establish a 3-lot RS-10,000 "Residential, Single Family" Zone
subdivision with waivers of minimum lot size and minimum lot width (Variance No. 4286).
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 approval of subject parcel map requires the prior approval of Variance No. 4286 (which was
filed in conjunction with said map to permit lot sizes and widths smaller than required by the
underlying RS-10,000 Zone) and that said variance was denied and, therefore, the proposed parcel
map is not consistent with the applicable Zoning Ordinance;
2. That the proposed map is not consistent with the applicable General Plan which designates the area
for Low Density Residential land uses typically having 7,200 to 10,000` sq.ft: lots; and that'one of the
proposed lots is only 6,180 sq.ft. in size (14% smaller than a 7,200 sq.ft. lot and 38% smaller than
a 10,000 sq.ft. lot);
3. That the design of the proposed subdivision is not consistent with the applicable General Plan
because proposed Parcel 1 (6,180 sq.ft.) is substantially smaller (by 38%) than required by the
underlying RS-10,000 Zone and proposed Parcel 2 (8,437 sq.ft.) exclusive of the 20-foot wide
accessway to West St. (8,139 sq.ft.) is also smaller (by 18%) than required by the RS-10,000 Zone;
4. That the design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
That the design of the subdivision or the type of improvements are not likely to cause serious public
health problems; and
6. That the design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of the' property within the proposed
subdivision.
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~- i
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS That the Zoning Administrator has reviewed
the proposal for waiver of minimum lot size and width to establish a 3-lot single-family subdivision on an
irregularly-shaped parcel of land consisting of approximately 1.1 acres, having a frontage of approximately
210 feet on the east side of West Street, having a maximum depth of approximately 243 feet and being
located approximately 220 feet south of the centerline of North Street and further described as 740-750 North
West 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 deny Tentative Parcel Map
No. 95-192.
This decision is made, signed, and entered into the file this 8th day of February, 1996.
nni a anta a ti, oning A mirns rator
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 10 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 10 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.
DATE:. February 8, 1996
I y erna es, enior or rocessing perator
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•
DECISION NO. ZA 96-03
A DECISION OF THE ZONING ADMINISTRATOR
DENYING VARIANCE NO. 4286
OWNER: William Fackiner
740 North West Street
Anaheim, CA 92801
AGENT: Anacal Engineering Company
Attention: Cal J. Queyrel
P.O. Box 3668
Anaheim, CA 92803
LOCATION: 740 - 750 North West Street
CEQA STATUS: Negative Declaration
HEARING DATE: February 1, 1996
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waivers of the following to establish a 3-lot single-family residential
subdivision:
(a) Sections 18.12.060.060 Minimum lot size.
and 18.25.061.010 10 000 sq.ft. required;
6180 and .8.437 sa.ft. proposed for two lots
[31,240 sq.ft. for third lot])
(b) Sections 18.12.060.080 Minimum lot width.
and 18.25.061.020 90 feet required;
20 and 60 feet proposed for two lots [130 feet for
third lot])
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 duty noticed
for and held on the date set forth above, I do hereby find:
1. That there are no 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
because subject property is similar in shape and has the same topography, location and
surroundings of all properties in the surrounding residential area;
2. That strict application of the Zoning Code does not deprive the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity because subject property is 45,857
sq.ft. in size and can be subdivided into three parcels exceeding 10,000 sq.ft. each;
3. That the proposed Parcels 1 and 2 are substantially smaller and narrower than required by the
underlying RS-10,000 "Residential, Single Family" Zone: Parcel 1 (6,180 sq.ft. with 60 feet of
frontage) is 38% smaller and 33% narrower than required by Code and Parcel 2 (8,437 sq.ft. with
20 feet of frontage) is 15% smaller and 70% narrower than required by Code; and that the stated
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intent of the RS-10,000 Zone (Section 18.25.061.010) is that each "parcel shall have a minimum area
of 10,000 sq.ft, exclusive of any public or private street or alley rights-or-way or any public or private
easements for ingress and egress;" and
4. That an undesirable precedent could be established by approving parcels smaller than the Code
requirement because there are existing large parcels in the surrounding RS-10,000 Zone, including
the proposed Parcel 3 of subject Parcel Map, which can be further subdivided.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waivers of minimum lot size and minimum lot width to establish a 3-lot RS-10,000
"Residential, Single Family" Zone subdivision on an irregularly-shaped parcel of land consisting of
approximately 1.1 acres, having a frontage of approximately 210 feet on the east side of West Street, having
a maximum depth of approximately 243 feet, being located approximately 220 feet south of the centerline
of North Street, and further described as 740-750 North West 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 deny Variance No. 4286.
This decision is made, signed, and entered into the file this 8th day of February, 1996.
rn a anta a t~, on g mmistrator
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:
1 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.
DATE: February 8, 1996 (~ G~~
y er n es, ernor or rocessmg perator
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