Resolution-ZA 2002-16
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DECISION NO. ZA 2002-16
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.2002-04481, IN PART
OWNER: J'. I. SALDIVAR
619. South Philadelphia Street
Anaheim, CA 92805
LOCATION: 619 South Philadelphia Street
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: May 16, 2002, continued from the meetings of March 7 and April 4, 2002.
OPPOSITION: No one indicated their.presence at the public hearing in opposition to the proposal; and
no correspondence in~opposition was received.
REQUEST: Petitioner requests waiverof the following to construct aone-story kitchen, bedroom,
and bathroom addition, and to retain arr existing unpermitted play room and bathroom
adjoining a detached garage, in conjunction with asingle-family residence the RS-5000
(Residential; Single=Family) Zone:
(a) Sections 18.12.060.010 - Minimum required open space.
and 18.27.062.030.031
(b) . Sections 18.06.050.010.011 - Minimum number tvpe and design of parking spaces.
` 18:12:060.110 {2 garage spaces and 2 uncovered spaces required;
.and 18.27.066.Q10 1 garage space and 4 uncovered spaces 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 dateset forth above,.1 do hereby find:
1: That waiver (a), minimum required open space, is hereby denied because the waiver was
deleted by modification of the building plans to clarify that the addition (one-story, consisting of an
expanded kitchen and a new bedroom and bathroom), does not add a fourth bedroom. to the house (which
would increase the required open space).
2. That waiver (b), minimum number, type and design of parking spaces, is hereby approved on
the basis that open parking for up to 4 cars is available on the 87-foot long driveway in addition to the
space in the garage; for a total of 5 spaceswhich exceeds the minimum required parking fora 3-bedroom
single-family dwelling. (4 spaces).
3. That the existing lot and dwelling are legally nonconforming because the property was
subdivided and the dwelling constructed before the property was reclassified to the RS-5000 zone; and
that the nonconformities consist of the following:
The existing lot size {4,929 sq.ft.) is 1% smaller than required by Code (5;000 sq.ft:),
• The lot width (46 feet) is 8% narrowerthan required (50 feet),
• The existing house size (860 sq.ft.) is 30% smaller than required (1,225 sq.ft.),
• The existing garage accommodates only one car (2 covered spaces required); and
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That the proposal (259 sq.ft. house addition) results in a 1,119 sq.ft: house, which does not violate the .
permitted lot coverage or available open space requirements; and that the addition to the house does not
expand the dwelling size or bedroom count.unreasonably and, other.than waiver of one required covered
parking space; the proposed expansion to the existing single-family house in the RS-5000 zone does not
require Code waivers.
4. That the parking waiver, under the conditions imposed, will not cause fewer off-street~parking
spaces to be provided for such use than the number of such spaces necessary to accommodate alt
vehicles attributable to the proposed use under the normal and reasonably foreseeable conditions of
operation of such use.
5. That the parking waiver, under the conditions imposed, will nofiincrease the demand and .
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use and.
will not increase the demand and competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use because a total of 5 parking spaces will be available, where 4
- spaces are required by Code. - `
6. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use because the proposal is for expansion of a
single-family dwelling; and that the dwelling, as proposed to be expanded, will not significantly increase
the overall floor area or number of bedrooms.
7. That the parking waiver, under the conditions imposed, will not impede vehicular- ingress to or
egress from adjacent properties upon the: public streets in the immediate vicinity of the proposal..
Based on the. evidence and testimony presented to me, I do hereby determine to approve Variance
No.2002-04481, in part, subject to the following conditions:
1. That the number of bedrooms on this property shall be limited to a maximum of three (3) unless a
variance is granted for waiver of minimum required open space in the RS-5000 (Residenfiat, Single-
Family) zone.
2. (a) That the appropriate permits (building, plumbing andlor electrical permits, including permits for
any demolition or for removal of any plumbing or electrical facilities) shall be obtained and
finalized, as required by the Building Divisionfor the house addition and for the room adjoining
the detached garage; and #hat said room. shall be used as storage area, workshop andJor tool
shed only (i.e., not as dwelling space).
(b) That any permits obtained from the City of Anaheim for the house addition or forthe room
attached to the garage shall be kept up-to-date and final'~zed, as required by the Building
Division.
{c) Thatthe room adjoining the garage shall not be used for living space such as a bedroom, or for
occupancy as a separate dwelling unit; and that the property owner shall submit a letter tb the
Zoning Division so-verifying.
3. 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 Glos. 1 (site plan), 2 (floor plan) and 3 (elevation), and as conditioned
herein.
4. That within a period of one (1) year from the-date of this decision, whichever occurs first, Condition .
Nos.. 2 and 3, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted !n accordance with Section 18.03.090 of the Anaheim Municipal Code.
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5. That approval of this application constitutes approval bf the proposed request only tb the extent that it
complies with the Anaheim Municipal Zvning.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 23rd day of May, 2002.
Zv
Annika M. Santalah i, 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 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, I did deposit, in the United States Mail; a copy of the decision to the applicant and did forward
a copy to the City C(erk.
.DATE: May 23; 2002 t G'L I -"~` c ~"~.~lj ~"~ ~ ~ 1-
Patricia Koral, Sr. Word Processing Operator
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